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HomeMy WebLinkAboutCC PACKET 03101992 I Meeting Sheet I 103055 I I ' t i I. i i Box: 30 i Folder: CC PACKETS 1990-1994 Document: CC PACKET 03101992 i i i CITY OF ST. ANTHONY .- CITY COUNCIL AGENDA MARCH 10,' 1992. ` 7:30 P.M. CITY COUNCIL CHAMBERS al , I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. . ROLL CALL. .1 III. APPROVAL OF MARCH 10;-1°992 COUNCIL AGENDA. IV.` APPROVAL OF FEBRUARY.25, 1992 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. I.S.D. #282 — $4,268.00. ' B. F.F. JEDLICKI INC. — $3,080.00. ,! C. BARR ENGINEERING - $1,063.88. a D. DORSEY & WHITNEY- $2,474.05. E.- VERIFIEDS. VII. REPORTS. A. PLANNING COMMISSION - FEBRUARY 18, 1992 MINUTES. 1. SHEIK'S RESTAURANT, APACHE PLAZA; CONDITIONAL USE REQUEST. B. COUNCIL. C. CITY MANAGER. 1. RESCHEDULE DATE FOR COUNCIL WORK SESSION. i 2. METROPOLITAN WASTE CONTROL COMMISSION, RE: INFLOW/INFILTRATION SYSTEM. 3. PARKING ORDINANCE. VIII. PUBLIC HEARINGS - NONE. COUNCIL AGENDA MARCH 5, 1992 PAGE 2 IX. NEW BUSINESS. A. PROPOSED ELECTION JUDGE UST FOR PRESIDENTIAL PRIMARY. I B. RESOLUTION 92-020, RE: HEPATITIS B VACCINATION AGREEMENT. C. RESOLUTION 92-021, RE: WARNING SIGN REPLACEMENT PROGRAM. D. BIDS,PLANS/SPECIFICATIONS CALL FOR / D RE:_OLD HIGHWAY 8 RECONSTRUCTION N PROJECT. X. UNFINISHED BUSINESS: - A. ORDINANCE 1992-001, RE: AMUSEMENT DEVICES (3RD READING). XI. ADJOURNMENT. • 1 CITY OF ST. ANTHONY 2 3 REGULAR COUNCIL MEETING 4 5 FEBRUARY 25 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. by Council 11 President Enrooth who led the Pledge of Allegiance. 12 13 14 2 . ROLL CALL 15 16 Council Present : Councilmembers Marks , Fleming and Wagner . 17 and Council President Enrooth . 18 19 Council Absent : Mayor Ranallo 20 21 Staff Present : City Manager Burt 22 23 24 25 3 . APPROVAL OF FEBRUARY 25 , 1992 COUNCIL AGENDA 26 27 Motion by Fleming, second by Wagner to approve the agenda for •28 the February 25, 1992 Council Meeting as presented with the 29 addition of the claim for repair of a squad car from Suburban 30 Collision and Paint Center. 31 32 33 Motion carried unanimously 34 35 36 4 . APPROVAL OF FEBRUARY 11 , 1992 COUNCIL MEETING MINUTES 37 38 Motion by Marks, second by Fleming to approve the minutes of 39 the February 11 , 1992 Council Meeting with the following 40 corrections : 41 42 page 4 , line 54 : Delete the sentence which reads , "To 43 participate in this" 44 page 5 , line 6 : Delete "Program" 45 page 5, line 6: Change the sentence on following "Program" to 46 read as follows : "The Mayor is requested to send a letter to 47 the Metropolitan Transit Commission requesting bus route #25 48 to travel to Kenzie. " 49 page 5 , line 8-9 : Place the sentence, "This Program provided 50 rides for 19, 000 people in 1991 . " on page 4 , line 54 at the 51 sentence ending with "residents . " 52 page 8 , line 8 : Change the month "March" to "April " 53 �4 Motion carried unanimously I REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 • 3 PAGE 2 4 5 6 5 . LICENSES/PERMITS/PETITIONS 7 8 Ciaarette License : 9 10 Motion by Marks , second by Fleming to approve the request for 11 a cigarette license from Stop 'N' Shop, 3813 Stinson 12 Boulevard. 13 Motion carried unanimously 14 15 Heatina Licenses : 16 17 Motion by Marks, second by Fleming to approve the request for 18 a heating license from Rouse. Mechanical , Inc . of Minnetonka, 19 Mn . 20 21 Motion carried unanimously 22 23 24 Motion by Marks , second by Fleming to approve the request for 25 a heating license from Burnsville Heating and Air 26 Conditioning, Inc . of Savage, Mn-. 27 28 Motion carried unanimously • 29 30 Garbaae Haulers ' Licenses : 31 32 Motion by Marks, second by Fleming to approve the request for 33 a garbage hauler ' s license from Twin City Sanitation, Inc . of 34 St . Paul , Mn. 35 36 Motion carried unanimously 37 38 39 Motion by Marks, second by Fleming to approve the request for 40 a garbage hauler ' s license from Waste Management Blaine of 41 Blaine, Mn . 42 43 Motion carried unanimously 44 45 Motion by Marks , second by Fleming to approve the request for 46 a garbage hauler ' s license from Walter' s Rubbish, Inc . of 47 Blaine, Mn . 48 Z 49 Motion carried unanimously 50 51 Motion by Marks , second by Fleming to approve the request for 52 a garbage hauler ' s license- from Woodlake Sanitation Service, 53 Inc. of Circle Pines , Mn . • 54 Motion carried unanimously I REGULAR COUNCIL MEETING • 2 FEBRUARY 25 , 1992 3 PAGE 3 4 5 6 Motion by Marks , second by Fleming to approve the request for 7 a garbage hauler ' s license from Gallagher ' s Service, Inc. of 8 Blaine, Mn. 9 10 Motion carried unanimously 11 12 Service Station Licenses : 13 14 Motion by Marks , second by Fleming to approve the request for 15 a service station license from Stop 'N' Shop, 3813 Stinson 16 Boulevard. 17 18 Motion carried unanimously 19 20 Motion by Marks , second by Fleming to approve the request for 21 a service station license from Don ' s Apache Auto Wash, 3725 22 Stinson Boulevard. 23 24 Motion carried unanimously 25 26 Vendina Machines License: 0 7 8 Motion by Marks , second by Fleming to approve the request for 29 a vending machines license from Manor Wash 'N' Dry, Apache 30 Plaza. 31 32 Motion carried unanimously 33 34 3 . 2 'Off Sale' Beer License: 35 36 Motion by Marks, second by Fleming to approve the request for 37 a 3 . 2 'Off Sale' beer license from Stop 'N' Shop, 3813 Stinson 38 Boulevard. 39 40 Motion carried unanimously 41 42 43 6 . PRESENTATION OF CLAIMS 44 ° 45 A. Maier Stewart and Associates 46 47 Motion by Marks , second by Wagner to approve payment in 48 the amount of $3 ,.681 . 41 to Maier Stewart and Associates , 49 Inc . for professional services rendered from December 29, 50 1991 through February 2 , 1992 regarding the 1991 M. S .A. S . 51 reporting and Old Highway #8 plans and specifications . 52 ®r,3 Motion carried unanimously 4 I REGULAR COUNCIL MEETING 2 FEBRUARY 25, 1992 3 PAGE 4 • 4 5 6 B. Barr Enaineerina 7 8 The request from Barr Engineering for payment in the 9 amount of $1 , 191 . 57 for professional services rendered 10 from December 1 , 1991 through December 28 , 1991 regarding 11 the Highcrest Street outlet was discussed. 12 13 The City Manager recommended not paying this bill as he 14 felt it was not warranted. The firm performed services 15 which resulted in expenditures which exceeded estimates . 16 17 A letter received from a representative of Barr 18 Engineering, dated February 14 , 1992 , acknowledged that 19 the City was not obligated to compensate his firm for 20 these expenditures . 21 22 The City Manager stated he will send a letter to Barr 23 Engineering in which he would explain that the City 24 Council chose not to approve this claim and is willing to 25 pay only for work actually done and for information 26 requested. 27 28 C. Braun Intertech 29 30 Motion by Marks , second by Wagner to approve payment in 31 the amount of $1 , 192 . 00 to Braun Intertech for 32 professional services rendered regarding the pavement 33 management and program installation . _ 34 35 Motion carried unanimously 36 37 D. Hance & LeVahn Law Firm 38 39 Motion by Marks , second by Wagner - to. approve payment in 40 the amount of $2 , 400 . 00 to Ha-nce & LeVahn law firm for 41 professional services rendered for the month of February 42 1992 relative to St . Anthony prosecutions . 43 44 Motion carried unanimously 45 46 E. F.F. Jedlicki , Inc. 47 48 Motion by Marks , second by Wagner to approve payment in 49 the amount of $3 , 104 . 00 to F.F. Jedlicki , Inc . for repair 50 services of the storm sewer on the Highcrest Project . 51 52 Motion carried unanimously 53 54 1 REGULAR COUNCIL MEETING • 2 FEBRUARY 25 , 1992 3 PAGE 5 4 5 6 F. Verified Claims 7 8 Motion by Marks, second by Wagner to approve the four 9 pages of verified claims as submitted by the Finance 10 Director . 11 12 Motion carried unanimously 13. 14 G. Suburban Collision & Paint Center 15 16 Motion by Marks , second by Wagner to approve payment of 17 $5, 676 . 97 to Suburban Collision & Paint Center for the 18 repair of a damaged squad car. 19 20' The City Manager explained the circumstances which 21 resulted in the damaging of the squad car. He noted tht 22 the City has $10 , 000 deductible on its insurance. 23 24 Some of the Council inquired what " insurance parts" meant 25 on the firm' s invoice. The City Manager will get this 26 information . 27 •28 It was noted that the glass replacement , squaring of the 29 frame and aligning the wheels were done by a 30 subcontractor and their charges were noted separately on 31 the invoice, but were included in the total . 32 33 Motion carried unanimously 34 35 7 . REPORTS 36 37 A. Reports of the Councilmembers 38 39 1 . Report of Councilmember Wagner 40 41 Councilmember Wagner noted he had met the new 42 Marketing Director for Apache Plaza, Ms . Kelli 43 Johnson . He felt she was very outgoing and appeared 44 to be aggressive toward her responsiblities . 45 46 Councilmember Wagner attended the Landscaping and 47 Home Show recently held at Apache Plaza. He noted 48 there appeared to be more craft displays than 49 landscaping and home displays but it drew a good 50 crowd. 51 52 2 . Report of Councilmember Fleming •53 54 Councilmember Fleming presented an informational I REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 6 • 4 5 6 meeting regarding precinct caucuses at Walker . She 7 felt there was a very good turnout and noted that 8 many attendees stated they had never participated 9 in their caucuses . March 3rd is precinct caucus 10 night . 11 12 Counc.ilmember Fleming complimented the Bulletin on 13 its recent article about stop arms on school buses . 14 She noted that bus drivers have expressed many 15 complaints on driver ' s habits when it comes to 16 observing regulations regarding school buses . 17 18 3 . Report of Councilmember Marks 19 20 Councilmember Marks reminded the Council of the 21 Silent Auction which is scheduled for February 29th 22 at the Chamber' s Leap Into Spring Dinner Dance. The 23 funds realized from this auction will be used to 24 benefit the City' s Sister City Project . 25 26 On February 13th, Councilmember Marks attended and 27 participated in on a staff level the Planning and 28 Zoning Seminar sponsored by the Government Service • 29 Bureau. 30 31 Councilmember Marks stated he may not be able to 32 attend the National League of Cities Congressional 33 Conference in Washington , D.C. in March. 34 35 4 . Report of Councilmember Enrooth 36 37 Included in the Council packet was information from 38 the Association of Metropolitan Municipalities 39 regarding its maintaining a representative on the 40 Board of Directors of the League of Minnesota 41 Cities . 42 43 Councilmember Enrooth suggested that the 44 Association of Metropolitan Municipalities. will 45 probably want to take a formal position regarding 46 its representative remaining on the LMC Board. He 47 felt this could be an of outstate versus 48 metropolitan" issue. He solicited comments from the 49 Councilmembers . 50 51 5 . 1 . Proclamation : Chronic Fatique Awareness Month 52 53 Councilmember Enrooth read the proclamation . 54 • 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 • 3 PAGE 7 4 5 6 Councilmember Enrooth presented a copy of the 7 proclamation to Ms . Snustad, who suffers from this 8 condition . 9 10 Ms . Snustad related some her history since being 11 diagnosed with this disorder . She noted that 12 previously it had been misdiagnosed as Epstein Barr 13 and chronic mono. She advised that this malady is 14 also shared by Rudy Perpich, Jr. 15 16 2 . Proclamation : Girl Scout Week 17 18 Councilmember Enrooth read the proclamation 19 designating March 8 - 14 , 1992 as Girl Scout Week 20 in St . Anthony. 21 22 3 . Proclamation : Volunteers of America Week 23 24 Councilmember Enrooth read the proclamation 25 designating March 1 - 8 , 1992 as Volunteers of 26 America Week in St . Anthony. 27 •28 Motion by Wagner, second by Marks to approve all 29 three proclamations as included on the agenda. 30 31 Motion carried unanimously 32 33 34 B. Report of the City Manager 35 36 The City Manager reminded the Council that Monday, April 37 20th has been chosen as "Volunteer Night . " 38 39 1 . Letter from Governor Carlson 40 41 Mayor Ranallo had received a letter from Governor 42 Carlson, requesting suggestions for cutting the 43 State ' s budget . The City Manager will prepare a 44 response for the Mayor ' s signature . 45 46 2 . Clean Up of Evergreen . Property 47 48 The City Manager noted that considerable progress 49 has been made by Nedegaard Construction regarding 50 the clean up of its property at the Evergreen 51 Project . 52 53 Bruce Nedegaard indicated he was not aware that so •54 much clean up was needed. The City is closely I REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 • 3 PAGE 8 4 5 monitoring this situation. 6 7 3 . League of Minnesota Cities ' Conference 8 9 The City Manager reminded Councilmembers of the 10 League of Minnesota Cities ' Conference on March 11 24th and requested that anyone who wishes to attend 12 notify him so registrations can be made. 13 14 4 . Northgate Condo Association Member 15 16 The City Manager was contacted by a member of the 17 Northgate Condo Association who was concerned with 18 the content of a flyer- she found in her business 19 mail box . 20 21 The flyer referred to the discussions held at the 22 City' s Town Meeting regarding solutions for the 23 stormwater problems being experienced. Her alarm 24 focused specifically on one solution suggested 25 which was to put in a holding pond in a location 26 very near Northgate. 27 28 The City Manager assured her that these were only • 29 recommendations from the consultant and that no 30 impact studies have been done at this point in 31 time . He noted that some of the solutions proposed 32 would remedy one situation, but cause one for 33 someone else . 34 35 He advised her that another Town Meeting is being 36 scheduled for April and encouraged her and her 37 neighbors in Northgate to attend. 38 39 The City Manager stated that this issue of flooding 40 is discussed frequently by staff . Members of the 41 staff will be prepared to present the handling of 42 some of these problems on an individual basis at 43 the next Town Meeting. 44 45 Councilmember Enrooth noted that the problems come 46 from development as well as Mother Nature. 47 48 Councilmember Fleming observed that other tenants 49 or leasees of Northgate may have misinterpreted the 50 flyer and may not have followed through as this 51 person d"id. She felt there should be an update 52 given on this matter w-ith more detail . She 53 suggested this information be put in the paper . 54 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 9 4 5 5. C.D.B.G. Ideas 6 7 The City Manager had followed up on the suggestion 8 to include the completion of the sidewalk around 9 Silver Lake as a C. D.B.G. project . He was advised 10 that this probably would not qualify as an 11 allowable low to moderate income project . 12 13 He also suggested that some of these funds may be 14 used for senior citizen programs . Presently, there 15 is a $1 , 400 deficit in the program. 16 17 Another possibility for the use of the funds is the 18 Housing Rehabilitation Program and an increase in 19 the funding for the Northwest Family Youth Service 20 Bureau. 21 22 The Kenzie sidewalk is a possibility as there are 23 low to moderate income people living near it and 24 the residents of the mobile homes may also make 25 this a qualified project . Park equipment is also a 26 consideration . �227 8 The City Manager noted that last year C.D.B.G. 29 funds were used for the City' s recodification. 30 31 He noted that with the bus route change from 32 Highway #88 to St . Anthony Boulevard something 33 could be considered for funding for pedestrian 34 safety as this bus stop is used heavily by senior 35 citizens . 36 37 Councilmember Marks felt this area is very unsafe 38 and is not handicapped accessible. 39 40 The City Manager advised that the public hearing 41 for C.D.B.G. funds must be held in March and he is 42 requesting some input of ideas from the Council . 43 44 The Road Task Force met on February 24th. The City 45 Manager noted that all of this Task Force' s reports 46 are focusing on a ten year plan for road 47 improvements and are being recommended as 48 assessable projects . 49 50 6 . Minnesota Water Testing 51 52 The State is mandating new water testing laws . This 105.3 was an EPA law which was passed onto the Minnesota 54 Pollution Control Agency who is passing it on to I REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 10 4 5 6 local governments . 7 8 The City Manager noted that the State is mandating 9 a $5. 00 surcharge on each home, business and school 10 connected to a municipal water supply . He felt the 11 State' s involvement with water testing will cost a 12 taxpayer twice as much -as it costs a city now. 13 14 The City Manager advised that the City -can do these 15 tests much cheaper than the State. He felt the 16 State wants to micro-manage the City ' s water system 17 as does the Metropolitan Council . He suggested that 18 the City presently has the cleanest drinking water 19 available and does not need another level of 20 management . He viewed this as another "revenue 21 enhancement . " 22 23 The City Manager noted that homes built before the 24 ' 80 ' s will be specifically targeted. If the City 25 were to do the testing a random sample of homes 2.6 would be tested. Water cannot be run in the house 27 for six hours before the testing which could be 2.8 very inconvenient for the homeowners . 29 30 Members of the Council directed the City Manager to 31 send a letter stating its objection to this testing 32 by the State . If this letter is not responded to 33 the City Manager would draft a resolution for 34 Council consideration which would state the 35 Council ' s position on the matter . A letter should 36 also be sent to the Health Commissioner and to the 37 City ' s legislative representatives . 38 39 7 . Discussion of Water Rates 40 41 An increase in water rates was discussed in May of 42 1991 . For the first ten years , federal funding was 43 to maintain ninety percent of the operating costs 44 and the City ten percent . After ten years , St . 45 Anthony was to pay the full costs . The ten years 46 starts when the City accepts the filtration plant 47 from the State . 48 49 A memo from the Finance Director was included in 50 the Council packet which addressed the options for 51 Council consideration regarding the use of the 52 funds received from an increase in water rates . 53 54 The options included: paying off the debt ; keeping 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25, 1992 3 PAGE 11 4 5 6 all existing cash and rebonding in 1993 ; paying off 7 the debt in 1993 and levying a one-time three cent 8 per 100 cubic feet of water consumed; or, rebonding 9 the debt due in 1993 and levying a one-time three 10 cent per 100 cubic feet of water consumed. 11 12 The City Manager requested direction from the 13 Council regarding this matter so an ordinance can 14 be drafted for a first reading. 15 16 The City Manager noted that presently two tanks are 17 being used to clean the water. The operating costs 18 borne by the State -is about one million dollars . He 19 advised that the standards which must be met today 20 may change in the future. 21 22 It has been determined that many more contaminents 23 have been detected in the ground than those 24 mentioned in the lawsuit . The monitoring filters 25 are picking up many more things and this situation 26 will probably not change for some time. 27 0-8 Disposal and clean up of carbon is going to become 9 more expensive . It is very expensive to ship the 30 carbon to Pennsylvania . According to State 31 regulations the City cannot "re-generate" its own 32 carbon. 33 34 The City Manager stated that New Brighton, St . 35 Louis Park and St . Anthony use carbon but they all - 36 have different specification so the three cities 37 cannot .go out for bids together. 38 39 Because of an earlier arrangement , the City of New 40 Brighton has all of its costs paid by the Army 41 whereas , the City of St . Anthony only has ninety 42 percent . 43 44 Councilmember Marks felt option #3 would be the 45 most beneficial for the City. Option #3 recommends 46 paying of'f the debt in 1993 and levying a one time 47 three cent per 100 cubic feet of water consumed. 48 49 The ordinance for this recommendation will be on 50 the agenda of the next Council meeting. 51 52 8 . PUBLIC HEARINGS 53 54 There were no public hearings . .1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 12 4 5 6 9. NEW BUSINESS 7 8 A. Resolution No. 92-018 , Re: Prohibitina Vehicle Parking on 9 Old Highway #8 10 11 The Cities of St . Anthony and Roseville have agreed to make 12 repairs and improvements to Old Highway #8 using Minnesota 13 State Aid funds . 14 15 Councilmember Marks inquired why there was a need for the 16 resolution . The City Manager responded that this is one of the 17 Minnesota State Aid requirements . He also noted that funds 18 from Minnesota State Aid and from the Metropolitan Transit 19 Commission will be used to fund the cement pad for the bus 20 parking location. 21 22 Motion by Marks , second by Wagner to approve Resolution No. 23 92-018 being a resolution prohibiting vehicle parking on Old 24 Highway #8 . 25 26 Motion carried unanimously 27 28 B. Resolution No. 92-019 ; Re: Combinincr Precinct Polling 29 Locations 30 31 Hennepin County Precinct #3 has fewer than one hundred 32 registered voters . With approval of this resolution, it will 33 be combined with Hennepin County Precinct #2 . 34 35 The City Manager advised that all of the registered voters in 36 Precinct #3 will be notified by letter that their polling 37 place has been moved to the Community Center located at 3301 38 Silver Lake Road. 3'9 4.0 Motion by Marks , second by Wagner to approve Resolution No. 41 92-019 being a resolution authorizing. the combination of 42 precinct polling loctions . 43 44 Motion carried unanimously 45 46 10 . UNFINISHED BUSINESS 4.7 48 A. Ordinance No. 1992-01 , Re: Amusement Devices _ ( 2nd 49 Reading) 50 51 Motion by Marks , second by Fleming to approve the second 52 reading of Ordinance No. 1992-01 being an ordinance 53 relating to licenses for amusement devices ; ' amencding • 54 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 13 4 5 6 Section 401 : 00 to limit the number of licenses at any one 7 establishment ; and amending Section 401 : 00 to add new 8 sections 401 : 15 and 401 : 20 . 9 10 Motion carried unanimously 11 12 11 . ADJOURNMENT 13 14 Motion by Marks , second by Wagner to adjourn the Council 15 Meeting. 16 17 18 Motion carried unanimously 19 20 21 22 23 Respectfully submitted, 24 25 26 Jo-Anne Student , Council Secretary 927 28 29 30 31 Mayor Clarence Ranallo 32 33 34 35 ATTEST: 36 City Clerk URBAN HENN • IN COUNTY • CDBG PROGRAM - ADMIN RATIVE DOCUMENTA'I'IO�, • Community St. Anthony Contact Person Sally Cain/Kathy Knapp Period : Beginning Cate: July 1, 1991 Ending, Date : January 31, 1992 Employee Position Project Hours Rate Total Charge Sally Cain Senior Citizen Coord. Public Service/Sr. Cit. Coord. 3v1 16.11 $6,137.91 Project Totals Project Total Charge Public Service/Senior Citizen Program 56.137.2 I certify that the charges specified above are just a d correct. Note : For audit purposes it is required to support p p q staff time billed to the CDBG program with time sheets or uthorize Si ature other payroll 'documentation. MONTHLY ACTIVITY RECORD DE PAR TME NT('c�,�,,ofznve 9 lo 1 6 17 26127 128 1 Z9 1 301 .311 1071, man " ' fie mom 109 . 11 . :I m I ZFI -. ME ME ■ ■ PROJECT DESCRIPTION SUMMARY • URBAN HENNEPIN COUNTY CDBG PROGRAM/1991 YEAR XVII COMMUNITY PROJ ACCT. ACTIVITY BENEFIT ERS BUDGET SUBTOTAL .... ..... .................................. ....... ..... ......... ......... Robbinsdale 107 59970 Child Day Care L/M EX 3,262 Robbinsdale 108 59890 Rehabilitation of Private Property L/M CE/EX 56,079 Robbinsdale 109 59970 Senior Transportation - West L/M EX 10,060 69,401 Rockford 110 59820 Clearance/Vacant Commercial Prop SIB AR 7,000 Rockford 111 59780 Sidewalks L/M AR 13,786 20,786 Rogers 112 59660 Acq/Assisted Housing Parking L/M AR 7,543 7,543 Shorewood 113 59890 Rehabilitation of Private Property L/M CE/EX 17,129 Shorewood 114 59970 Southshore Senior Center-Oyer L/M CE/EX 6,233 23,362 Spring Park 115 59940 Comprehensive Planning P/A EX 3,407 Spring Park 116 59970 WeCan/Operations L/M EX 1,000 Spring Park 117 59970 Westonks Intervention L/M EX 1,000 Spring Park 118 59970 Westonka Senior Center-Oper L/M 'CE/EX 4,676 10,083 St. Anthony 119 59780 Kenzie Terrace Sidewalk L/M CE/EX 17,189 St. Anthony 120 59890 Rehabilitation of Private Property L/M CE/EX 7,000 St. Anthony 121 59970 Senior Center-Operations L/M EX 4,266 28,457 . St. Bonifacius 122 59730 Park Improvements L/M CE 5,883 St. Bonifacius 123 59970 WeCan/Operations L/M EX 1,000 St. Bonifacius 124 59970 Westonka Intervention L/M EX 1,000 7,883 St. Louis Park 125 59970 Child Day Care L/M EX 19,036 • St. Louis Park 126 59970 K.O.M.E. Program L/M EX 10,500 St. Louis Park 127 59890 Rehabilitation of Private Property L/M CE/EX 146,105 St. Louis Park 128 59890 Shared Housing Program L/M CE 45,000 St. Louis Park 129 59720 Wayside House/Rehabilitation L/M CE/EX 5,000 225,641 Tonka Bay 130 59940 Comprehensive Planning P/A EX 2,892 Tonka Bay 131 59970 Southshore Senior Center-Oper L/M CE/EX 2,457 lenks Bay 132 59940 WeCan/Housing Plan P/A EX 500 5,849 Wayzata 133 59970 Child Day Care L/M EX 2,446 Wayzata 134 59880 Handicap Access-City Hall L/M CE/EX 14,429 Wayzata 135 59970 IOC Senior Transportation L/M EX 1,000 17,875 Woodland 136 59940 Water Quality Study P/A EX 3,656 3,656 2,704,000 2,704,000 5/30/91 • PRJSUM91.WK1 F. F. JE®LICKI INC. • SEWER & WATER CONTRACTOR EXCAVATING 14203 West 62nd Street Phone: 934-7272 Eden Prairie, Minnesota 55346 Fax: 934-7273 February 17 , 1992 City Of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 56307 Mr. L. Hamer STATEMENT RE: REPAIRING JOINTS IN ARCH PIPE ON HIGHCREST STREET FOR: We repaired seventy-one joints or about twice as many as I thought we could get done in 32 hours. ITEM UAQ NITY UNIT TOTAL �1 . 2 men, pickup, tools, etc. 32 hrs. $ 82.00 $2 ,624.00 2 . Speedcrete 19 Bags 24.00 456.00 TOTAL DUE - $3,080.00 Frank Jedlicki F.F. Jedlicki, Inc. FFJ/llg • Barr • Page # 1 Engineering Company Invoice # 11172-3360 8300 Norman Center Drive Project # 23/27-467 Minneapolis,MN 55437-1026 February 19, 1992 Phone: (612)832.2600 Fax: (612)835-0186 City Of St. Anthony 3301 Silver Lake Road Minneapolis, MN 55418 Attn: Larry Hamer RE: District 6 Statement of Account with BARR ENGINEERING CO. For professional services during the period of December 1, 1991 through February 1, 1992 Including: Further evaluation of non-structural alternatives; preparation for meetings; meetings and correspondence. Dennis E. Palmer, Professional Engineer 5.0 hours @ $110.00 per hour . . . . . . . . $ 550.00 2.0 hours @ $100.00 per hour . . . . . . . . $ 200.00 Paul T. Swenson, Professional Engineer 1.6 hours @ $65.00 per hour . $ 104.00 Technical 3.8 hours @ $45.00 per hour . . . . . . . . $ 171.00 Expenses Telephone . . . . . . . . . . . . . . . . $ 4. 11 Postage/Shipping . . . . . . . . . . . . . . . . $ 15.95 Printing . . . . . . . . . . . . . . . . $ 5.62 Mileage . . . . . . . . . . . . . . . . . $ 13.20 aca�a�=oa��oa Total Payable $ 1,063:88 %z;16 9" Total Contract $ 33,200.00 Previously Billed $ 31,752.25 --A_T&A4"k_1 Dennis E. Palmer • DORSEY & `N7. HIT\EY P.O. BOX 1680 511\%E:NPOLIS. %41NNESOTA 55480-1680 (612) 340-2600 (Tea ILenlificat(on No. 41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony Attn: tor. Thomas D. Burt February 28, 1992 3301 Silver Lake Road Invoice No. 268037 Minneapolis MN 55418 For Legal Services Rendered Through 01/31/92 Apache Tax Increment Financing: Telephone conference with T. Burt regarding TIF proposal for new Cub store; telephone conference with J. Gilligan regarding legal issues; telephone conferences with J. _Gilligan and T. Burt; telephone conferences with W. Soth, T. Burt and P. Pelstring regarding Apache Plaza TIF proposal; attend meeting at St. Anthony City Hall with T. Burt, B. Thistle, C. Haugen and P. Pelstring on Apache Plaza proposal; review legal issues regarding TIF project, relocation of liquor store and Silver Lake runnoff; telephone conference regarding January 17 meeting on Apache Plaza TIF proposal. 950.65 WRS/615 Sen•ice charFa arc haled on rata established by D irsey& Whitney. A schedule of those rates has been proYided and is available upon request. Dishursements and service charym which either haw not turn reccked or processed,will appear on a later statement. PAYMF.N'r DUE UPON RECEIPT DORSEY & NVHITNTEY A l.wr•tw.n,•1•. , .n !•n�r.••n.•. (.,w.,w.r o•w P.O. BOX 1680 %4INNEAPOLIS. M1'%"NESOTA 55480-1680 (612) 340-2600 (T.■ )Ceotl(le.tloo No.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony Attn: Mr. Thomas D. Burt February 28, 1992 3301 Silver Lake Road Invoice No. 268037 Minneapolis MN 55418 Page 2 Matters regarding Manning Is Restaurant: Telephone conference with T. Burt regarding Manning's leases; review information regarding Manning's .leases at Stonehouse and Apache; discussions regarding purchase of restaurant equipment; telephone conference with T. Burt; research regarding uniform contracting law in connection with purchase of restaurant equipment;. meeting with T. Burt, R. Nelson and L. Manning; research regarding bidding requirements in connection with- proposed Manning transaction. 928.10 Silver Lake Water Quality 239.25 Water Treatment Facility 191.25 Review agenda materials and minutes; discussions with City Manager 127.50 Total For Services $2,436.75 Plus Disbursements Per Attached $37.30 Total This Statement $2,474.05 Service charges are based on rates established by Dorsey& Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which cit.her have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT BRC FINANCIAL SYSTEM ST . ANTHONY VILLAG' 02/21/92 12:25 Check Register GL540R-VO4.09 PAGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY - 000235 A T & T INFORMATION SYST 2382 03/11/92 41 .33 000120 AMERICAN LINEN 23-93-03/IT/92 15.28 005201 AMERICAN STORES 2384 03/11/92 17 .70 000250 AUTOMATIC GARAGE DOOR CO 2385 03/11/92 510.88 008153 608 S PERSONAL COFFEE SE _23:8_6­0 37-1'1-/9 2 4295 007147 BRAD RAGAN INC 2387 03/11/92 140. 16 000610 CATCO CLUTCH & TRANS SVC 2388 03/11/92 19. 13 - ----002335 -- --CELLULAR ONE----- __....__.. .__.-. --. - 23-89 03/11`/92-- _ -68."78- -- 005198 CENTRAL LOCK & SAFE CO 2390 03/11/92 21 .70 007072 CHAMBER OF COMMERCE 2391 03/11/92 150.00 000685 COAST TO COAST 2392 03%11/92 494.93 `- 000800 DAVIES - WATER EQUIP INC 2393 03/11/92 292.00 - .00009 DEPUTY JIM DAVIS 2394 03/11/92 35.00 --- -- - --- --.....-- -------- -- - - ---------------- 000810 DICKSON ELECTRIC 2395 03%11%92 2-025:00 -- 005048 DPC INDUSTRIES INC 2396 03/11/92 256.91 .00002 EDWARD GLOCKZIN 2397 03/11/92 50.00 .00001 FLEXIBLE PIPE TOOL CO 2398 03%11%92---- 644. 16 001025 G & K SERVICES 2399 03/11/92 57.63 001030 G & K SERVICES 2400 03/11/92 100.46 001060 GARELICK STEEL CO 2401 03%11/92 - `16:7-5 -- 007057 GOPHER WELDING SUPPLY 2402 03/11/92 22.30 007059 GOVERNMENT TRAINING SERV 2403 03/11/92 200.00 .00003 GRAFIX SHOPPE 2404 03/11/92 548.50 - .00005 HENNEPIN COUNTY SHERIFF 2405 03/11/92 95.76 .00006 IAPMO _ _ 2406 03/11/92 29.90 001680 J C AUTO SUPPLY _ 2407 03%11%92 55.31 -- .00007 K & V LIGHTING 2408 03/11/92 207.24 000742 KROEPLIN/CONNIE 2409 03/11/92 6.60 .00011 LEAGUE OF MINN CITIES 2410 03/11%92 75.00 .. -- .00008 LOREEN C. LITECKY 2411 03/11/92 50.00 002100 MACQU.EEN EQUIPMENT CO 2412 03/11/92 1 ,274.00 002130 _-N-AMA- 213 03%11%92 12'._50*------- 002200 MEDICAL OXYGEN EQUIPMENT 2414 03/11/92 20. 16 000045 MIDWEST BUSINESS PRODUCT 2415 03/11/92 240.34 005010 MAIN CONWAY FIRE & SAFET-_- 2416-03%-11/92^ - 301 .00 -` .00010 MINNESOTA MAYORS ASSOC 2417 03/11/92 10.00 007131 MN DEPT OF HEALTH 2418 03/11/92 140.00 ---007206. --NORTH ERN - -- ---------24.19--03/11/92 ----------60.98 002680 NORTHERN STATES POWER 2420 03/11/92 5,935.29 007043 NORTHERN STATES POWER 2421 03/11/92 2, 176.60 003000 ---RADIO SHACK.- 2422_-03/11/92 -` 10.75 003660 RAMSEY COUNTY 2423 03/11/92 21 .62 008101 RAMSEY COUNTY PTAC 2424 03/11/92 250.00 005156 _.REFLECTIVE PRODUCTS 2425 03/11/92 ----382.50 003100 ROSEDALE CHEVROLET 2426 03/11/92 39.95 003200 SAVOIE SUPPLY CO 2427 03/11/92 512.63 • 003315 -SERCO LABORATORIES --------- --`----2428 03/11/92 - -- - 300.00 007190 STATE SUPPLY COMPANY 2429 03/11/92 4 .00 BRC FINANCIAL SYSTEM ST . ANTHONY VILLAG 02/21/92 12:25 Check Register GL540R-VO4.09 PAGE OANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY_CHECKING__-_ 005194 STEWART LUMBER COMPANY 2430 03/11/92 152.80 .00012 SUBURBAN COLU & PAINT 003260 T A SCHIFSKY & SONS 2432 03/11/92 359. 10 .00013 TOTAL TOOL 2433 03/11/92 28.67 003567 TRADE TOOLS INC 2434�3/1�J92 1-65- 007044 TWIN CITY JANITOR SUPPLY 2435 03/11/92 67.00 .00014 UNIVERSITY- OF MINN 2436 03/11/92 100.00 008133 URBIA/DAVID­"---------­- 003720 W W GENERATOR REBUILDERS 2438 03/11/92 162.73 FIRSTAR ST. ANTHONY CHECKIR_(9___ -'--I 8�_,641-.'8 3- 1 CITY OF ST. ANTHONY 2 • 3 PLANNING COMMISSION MEETING 4 ' 5 FEBRUARY 18 , 1992 6 7 8 1 . CALL TO ORDER 9 10 The Planning Commission Meeting was called to order by 11 Chairman Faust at 7 : 30 p.m. 12 13 2 . ROLL CALL 14 15 Present : Franzese, Gondorchin, Madden, Werenicz, Murphy and 16 Faust 17 18 It was noted that Commissioner Brownell had resigned from the 19 Planning Commission. He is moving out of St . Anthony. 20 21 Staff Present : Dave Urbia, Management Assistant 22 23 3 . APPROVAL OF MINUTES OF THE JANUARY 21 , 1992 PLANNING 24 COMMISSION MEETING 25 26 Motion by Franzese, second by Gondorchin to approve the 27 minutes of the January 21 , 1992 Planning Commission Meeting •28 with the following correction: 2 9 30 page 3 , line 12 : The second to the motion was made by 31 Werenicz. 32 33 Motion carried unanimously 34 35 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE MARCH 10 , 1992 36 CITY COUNCIL MEETING 37 38 Chairman Faust noted he had reviewed -the sequence followed 39 last year for representatives of the Planning Commission to 40 attend Council Meetings . He stated they were as follows : 41 Murphy, Madden, Gondorchin, Franzese, Werenicz, Faust and the 42 newly-appointed commissioner. 43 44 Continuation of this sequence was agreeable to all of the 45 Commission members . 46 47 Murphy will be representing the Planning Commission at the 48 March 10 , 1992 Council Meeting. 49 50 S. PUBLIC HEARINGS 51 52 A. Sheik ' s Garden Restaurant , 3800 Apache Plaza, Conditional 53 Use Permit Request •54 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 • 3 PAGE 2 4 5 6 Chairman Faust inquired if anyone from Apache Plaza management 7 will be attending the Public Hearing. Urbia responded he had 8 faxed information regarding the conditional use permit request 9 and the Planning Commission meeting to the management office 10 and was advised that no one at the office saw a need to be 11 present . 12 13 Urbia distributed a letter received from Dennis Cavanaugh, 14 President of the C. G. Rein Company, who owns Apache Plaza. In 15 the letter Mr. Cavanaugh stated the company' s support of the 16 approval of the conditional use permit to operate a game room 17 with kiddie rides and games . It was also noted in the letter 18 that the lease for Sheik' s Garden Restaurant ' s right to 19 operate kiddie games and rides would be terminated if there 20 appears to be any problems resulting from the clientele using 21 this equipment . 22 23 The Public Hearina was opened at 7 : 35 p.m. 24 25 Chairman Faust read the public notice which appeared in the 26 February 5th edition of the Bulletin regarding the Public 27 Hearing. • 28 29 Urbia, referring to his memo dated February 12 , 1992 to the 30 Planning Commission Members , noted that only the factual 31 information regarding this request and the history of Council 32 action in the past , was being presented. No staff 33 recommendation is being made regarding Planning Commission 34 action on this matter. 35 36 The conditional use permit request , from Adel Alwan, the owner 37 of Sheik' s Garden Restaurant , is for approval to have more 38 than three amusement devices at that location. The conditional 39 use permit is necessary as Mr. .Alwan proposes to have up to--"30 40 amusement devices . 41 42 Mr. Alwan ' s proposed plan would . allow him to generate 43 additional revenue in the older, rear portion of the 44 restaurant . A plan for this area was submitted with his 45 request . Booths will be removed for this . arcade and to 46 accommodate the amusement devices . The front. portion of the 47 restaurant has already been renovated. 48 49 Urbia' s memo noted that the three conditions for approval of 50 a conditional use permit have been satisifed if Mr. Alwan 51 follows through on his intentions as stated in answering the 52 three questions . . 53 •54 Staff made five recommendations for the Planning Commission ' s 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 is3 PAGE 3 4 5 6 consideration to be made in conjunction with the approval of 7 the conditional use permit . They are as follows : 8 9 1 . The arcade shall prohibit tobacco, alcohol , and drugs on 10 the premises . 11 12 2 . The arcade shall prohibit individuals under the influence 13 of tobacco, alcohol , and/or drugs . 14 15 3 . Proper supervision should be available at all times to 16 ensure appropriate conduct and behavior. 17 18 4 . The access from kitchen to dining area shall be segregated 19 to ensure safety. 20 21 5 . The number of amusement devices allowed will be dependent 22 upon the available number of amusement device licenses and 23 available space within the area designated on the proposed 24 plan. 25 26 Urbia advised that the current amusement device licensing 27 ordinance allows the owner of the amusement devices to hold •28 the licenses . The holding of licenses presents a problem to 29 those who would like to operate amusement devices since the 30 City has a limit of 106 licenses . Also, the City has limited 31 control over amusement devices when they are licensed to their 32 owner who can transfer them to other locations . 33 34 Ordinance No. 92-001 had its first reading at the February -11 , 35 1992 Council Meeting. This ordinance would allow only the 36 operator of the amusement device establishment to apply for 37 and hold the license and no more than thirty-five devices 38 would be allowed in one location. 39 40 Urbia advised the Planning Commission members that staff had 41 discussed this conditional use permit request and reached some 42 conclusions . The Police Chief does not anticipate any major 43 problems with the operation of these devices . It was noted 44 that since they will be located in a mall , rather than in a 45 freestanding building, some patrol schedules may have to be 46 changed. Also, they will be located next to a municipal liquor 47 site . 48 49 Franzese observed that Dennis Cavanaugh has transferred twenty 50 amusement device licenses . She inquired how many are left . 51 Urbia responded that thirty-four are left but Ordinance No. 52 1992-001 will change this situation. She also inquired how 53 many licenses are currently left at this point in time. Urbia •54 said there are only five left but some are being held by their I PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 4 • 4 5 6 owners and are not being used. . 7 8 Madden wanted to know the whereabouts of the amusement device 9 licenses for the machines which were previously located in the 10 Malt Shop. Urbia was not sure of where these were. 11 12 Murphy wondered why there was a limit of 106 licenses . 13 Franzese stated that the time the ordinance was drafted there 14 were already 106 licenses out . 15 16 Faust noted that all licenses are reissued in March of each 17 year. He felt that theoretically the thirty four held by the 18 Rein Company may not be renewed. 19 20 Murphy inquired if the Fire Chief had viewed the floor plan 21 submitted for the Restaurant . Urbia noted that the Fire Chief 22 ' had viewed the plan and saw no problems , but the plan will be 23 reviewed by the Building Inspector. 24 25 Mr. Alwan advised the Planning Commission he is responding to 26 customer requests by installing kiddie rides and amusement 27 devices . His intention is to have a family-oriented operation. 28 29 Franzese inquired if only customers of the restaurant will be 30 allowed to use the games or could people come into the area 31 who do not plan to eat and play the games . Mr. Alwan responded 32 it would not be necessary to be a patron of the restaurant to 33 play the games . 34 35 Mr. Alwan plans to have eight kiddie rides and the rest of the 36 amusements would be video games . He does not intend to put in 37 a pool table as he envisions this as a potential for problems . 38 39 Chairman Faust noted that Mr. -Alwan is requesting permission 40 for . thirty games . He- observed that Dennis Cavanaugh referred 41 to permitting only twenty games. Mr. Alwan stated that twenty 42 would not be enough and feels that Dennis Cavanaugh plans to 43 keep the rest of the licenses for his own- use. 44 45 Franzese was concerned. with rules enforcement and the 46 methodology Mr. Alwan planned to institute to keep order. 47 . 48 Mr . Alwan advised that someone on the staff will always be in 49 the area to monitor. He- stated he wants a successful operation 50 and avoid problems which were experienced in the shopping 51 center previously. 52 53 Werenicz inquired if he intends to serve wine as he has a wine 54 license. Mr . Alwan noted that the wine and beer license • 1 PLANNING COMMISSION MEETING • 2 FEBRUARY 18 , 1992 3 PAGE 5 4 5 6 expires March 15th and he does not intend to renew it . He will 7 have alcohol and tobacco prohibitions in the entire operation. 8 9 The floor plan which was submitted by Mr . Alwan was reviewed. 10 It was noted that there will be no entrance from the outside 11 of the building. The hours will be from Noon to 10 : 00 p.m. 12 Presently, the operation closes at 8 : 30 p.m. The shopping mall 13 closes at 9: 00 p.m. The door of the restaurant to the mall 14' will be closed when the mall closes . 15 16 Franzese noted that the former owner of the Malt Shop was in 17 attendance at the Planning Commission Meeting. She inquired if 18 he had anything to offer regarding this operation. He stated 19 he would not like to comment although he has some strong 20 opinions regarding his experience with the shopping mall 21 management and its security. 22 23 He felt the parking lot activities were perceived as his 24 responsibility. It was his opinion if the shopping mall 25 security had been more cooperative he could have avoided many 26 of the problems which he experienced and his operation could 27 have been successful . 028 29 Murphy inquired how many video machines were in the Malt Shop. 30 He was advised there had been forty-nine. 31 32 Franzese inquired if Mr. Alwan had considered the negative 33 experiences had by the owner of the Malt Shop especially 34. regarding teenage activities , alcohol , etc. Mr. Alwan 35 suggested his operation would draw a different clientele and 36 he anticipated no similar problems . 37 38 Gondorchin inquired if Mr. Alwan had operated any other type 39 of establishment where amusement devices were part of the 40 operation. Mr. Alwan responded he had run the St . Anthony Fun 41 Center which attracted a clientele that was difficult to 42 manage. He feels the new location at Apache Plaza will attract 43 families and the rules of conduct will be easier to 44 administer. 45 46 Franzese inquired if the Fun Center operation will be 47 continuing. Mr. Alwan stated his partner may continue the 48 business but he is not sure. The twenty video games licensed 49 at the Fun Center will be transferred to Sheik ' s Garden 50 Restaurant_ . 51 52 Werenicz complimented the former owner of the Malt Shop . He •53 noted that the condition of meeting annually with staff and 54 the police chief had been met and police calls and 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 • 3 PAGE 6 4 5 6 7 disturbances had been regularly reviewed. 8 9 Franzese, noting that Mr . Alwan intends to have eight kiddie 10 games and eighteen video games , suggested that the atmosphere 11 may be rather loud for a family dining situation . She also 12 noted that since the game area is separate from the dining 13 area this may become a hangout for game users . Mr. Alwan cited 14 one of the rules of the operation will be "proper conduct and 15 behavior. " He intends to make these rules effective. 16 17 The Public Hearina was closed at 8 : 15 p.m. 18 19 Motion by Franzese, second by Werenicz to recommend approval 20 of the request from Mr. Alwan for a conditional use permit for 21 a maximum of thirty amusement devices at the Sheik ' s Garden 22 Restaurant , 3800 Apache Plaza, because the proposal meets the 23 criteria for granting a conditional use permit with the 24 understanding that the Ordinance No. 1992-001 is going to be 25 approved that will make it easier for the City to monitor ; 26 that the hours will be no later than 10 : 00 p.m. ; plus the five 27 conditions as recommended by staff ; plus an annual review by 28 City staff , the Police Chief and the restaurant owner to look 29 at complaints generated by the restaurant , both inside and 30 outside. 31 32 Gondorchin concurred with the motion, but added that the 33 Apache Plaza security should be more responsive to calls from 34 the shopping center' s tenants . 35 36 Franzese requested that City staff contact Dennis Cavanaugh 37 directly regarding some of the comments the Planning 38 Commission received at tonight ' s meeting about security at 39 Apache Plaza. 40 41 Urbia advised that these licenses cost $130 . 00 . If Mr. Alwan 42 wants more than thirty then he would have to comeback to the 43 Planning Commission to make that request. 44 45 Murphy inquired what actions would be taken by the City if 46 this situation at this restaurant becomes troublesome. 47 Werenicz felt the staff and police chief would review the 48 details of the complaints and probably recommend revoking the 49 conditional use permit and pulling of the licenses . 50 51 Motion carried unanimously 52 53 Chairperson Faust- advised Mr . Alwan that this matter will be • 54 on the March 10th Council Meeting agenda and he was I PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 • 3 PAGE 7 4 5 6 advised to attend that meeting. 7 8 6 . MISCELLANEOUS 9 10 A. Government Trainina Center (GTS) Workshop 11 12 On February 13, 1992 or March 14 ,' 1992 the Government 13 Training Service is offering an Annual Planning Institute 14 which will address "The Basics . " 15 16 Chairman Faust noted that all commissioners have attended . 17 a workshop sponsored by the Government Training Service 18 and found them very worthwhile. He inquired if funds are 19 available to attend any other workshops sponsored by this 20 organization . Urbia will get this information from the 21 City Manager. 22 23 Urbia requested any commissioners interested in attending 24 this workshop or any others to advise him and he will 25 make the necessary reservations . Gondorchin stated his 26 intention to attend the March 14th workshop. 27 028 B. Selection of Sponsor for New Planning Commission Member 29 30 Chairman Faust had requested this item be included on the 31 agenda. His purpose is for the newly-appointed member of 32 the Planning Commission to have someone on the Commission 33 act as his/her mentor. He recalled when he was appointed, 34 he found the assistance of the Assistant to the City 35 Manager very helpful . This mentor would act as a 36 "welcomer" to the Commission and help in bringing him/her 37 up to speed on the business of the Commission. 38 39 Madden felt this mentor may influence the newly-appointed 40 member. Murphy felt Dave Urbia could be very helpful by 41 reviewing past activities of the Commission and by going 42 over the procedures of a typical meeting. 43 44 Madden felt the Planning Commission Chair could serve as 45 a mentor. Chairman Faust indicated his willingess to do' 46 this . 47 48 Werenicz stated he had not felt that new appointees have 49 been reticent to participate and that a mentor was not 50 really necessary if the Chair was willing_ to acclimate 51 the appointee to the procedures . 52 •53 Urbia noted that no applications for the Planning 54 Commission appointment have been received. 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 8 4 5 6 C. Staff Report - Light Industrial Uses in a General 7 Commercial Zone 8 9 Urbia referred to his memo dated February 5, 1992 which 10 gave information received from other first ring suburbs 11 regarding their commercial zone uses . He noted that this 12 situation developed from,a request received from a print 13 shop wishing to locate in the Apache Squares strip mall . 14 15 He gave the pros and cons regarding a conditional use 16 permit or a "C-1" zoning district and "C-2" where uses 17 such as the request for Apache Squares would be allowed. 18 19 Murphy inquired if there are any other locations in the 20 City where a "C-2" zoning could be designated. 21 22 Urbia responded that the St . Anthony Shopping Center was 23 too close to residential , but one location where it could 24 be allowed was at the northeast corner of 37th Avenue and 25 Silver Lake Road. 26 27 Gondorchin felt the Planning Commission should take a 28 "wait and see" posture ,depending on whether CUB locates 29 a grocery store in the area of Apache Squares . He felt 30 the rentals in Apache Squares would really flourish if 31 CUB locates near there. 32 33 Werenicz felt this was a unique location and it may not 34 be ,affected by a CUB store because of the visibility. 35 36 Urbia suggested it may be preferable to amend the zoning 37 ordinance to allow this tenant a conditional use permit . 38 He inquired if the Planning Commission would be agreeable 39 to having staff help this business by allowing it to 40 locate in this spot . 41 42 Chairman Faust felt this may be starting a whole new . 43 situation for the City to deal with. 44 45- Urbia observed. that if thi-s business had retail located 46 in the front of the store, then any activity could be 47 conducted in the back relating to the business . 48 49. Madden noted that when this strip mall was. . first 50 approved, the Planning Commission had understood all of 51 the tenants would be retail . 52 53 Urbia said that for a short term this would be a sign and • 54 banner making operation . Chairman Faust felt staff was I PLANNING COMMISSION MEETING S2 FEBRUARY 18 , 1992 3 PAGE 9 4 5 6 attempting to tailor the ordinance to accommodate this 7 business . Urbia responded the intention was to loosen up 8 the ordinance to accommodate a variety of businesses . 9 10 In his memo, Urbia noted that the general "C" section of 11 the zoning ordinance could be amended in a manner that 12 would conditionally permit certain light industrial uses 13 in limited areas . A new zoning district could be created 14 ( "C-1" ) which would permit everything that is currently 15 permitted in "C" and conditionally permit light 16 industrial type uses such as silk screen shops, printing 17 shops , non-retail office, etc. ,. 18 19 Franzese recalled when this matter was previously 20 discussed there was concern with delivery trucks which 21 would not fit well with retail businesses . 22 23 Gondorchin still felt CUB would be a traffic generator 24 and that it would benefit this strip mall . He again 25 suggested that the "wait and see" posture be taken . 26 027 Chairman Faust noted that Urbia is requesting a consensus 28 position- of the Planning Commission on this matter. He 29 felt the Commission members are not too excited to do a 30 new "C-1" district nor any conditional uses . 31 32 Madden felt the Commission was groping not to make a 33 decision and inquired if this conditional use is 34 something that can be lived with. 35 36 Chairman Faust felt the people seeking direction deserve 37 an answer. 38 39 Madden recalled the two deteriorated buildings located at 40 the St . Anthony Shopping Center which were refurbished 41 and still did not generate traffic. 42 43 Chairman Faust felt the philosophy of the Planning 44 Commission had long been not to change the City ' s zoning 45 ordinance. 46 47 Gondorchin felt this was a one time opportunity to help 48 someone out . 49 50 Murphy referred to the types of uses employed by other 51 cities cited in Urbia ' s memo . He suggested that the 52 Planning Commission consider some way to write the zoning 1053 ordinance. which would allow for some uses and still 54 maintain some control . 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 10 4 5 6 Chairman Faust observed that the four cities referred to 7 in Urbia ' s memo were not stellar examples of successful 8 planning in his opinion. He does not support changing the 9 ordinance nor the staff recommendation. 10 11 D. Backaround Readina - Sian Ordinances for Small and Medium 12 Sized Communities 13 14 Madden .noted he did not have time to thoroughly review 15 the material in the background reading regarding the sign 16 ordinances . Werenicz noted he has not completed his 17 reading. 18 19 Gondorchin felt the material was very thorough and the 20 information presented did not handcuff the staff . 21 22 Urbia stated that conformance to the sign ordinance -will 23 not be accomplished. in a short period of time. He felt 24 the administration of the ordinance should be conducted 25 slowly and especially in light of the economic problems 26 being experienced presently. 27 28 Chairman Faust noted that eventually everyone must 29 conform to the sign ordinance and no "grandfathering" in 30 of present non-conforming signs should be allowed. 31 32 Franzese inquired what was the source for this 33 information. Urbia responded it came from the American 34 Planning Association . 35 36 7 . STAFF UPDATE 37 38 Chairman Faust had requested that staff be prepared to review 39 any old business of the Planning Commission so its members can 40 be current with what .has transpired. 41 42 Urbia advised that there is only one vacancy at the Stop W . 43 Shop on 38th Avenue and Stinson Boulevard. He noted that this 44 operation has contracted with Conoco rather than the other 45 company as stated in their first request . He will follow up on 46 the square footage of the sign as approved. 47 48 Urbia stated that the first draft of the sign ordinance will 49 be available in March. 50 51 Urbia said that the CUB proposal is still "alive. " Their 52 proposal is to remove the present grocery store which is 53 100 , 000 square feet , add onto the building and rebuild with a 54 67 , 000 square foot addition. They have also indicated an 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 11 4 5 6 interest in having the City ' s bottle shop locate there. 7 8 8 . COMMISSIONERS ' COMMENTS 9 10 Commissioner Werenicz 11 Commissioner Werenicz attended the Council ' s Town Meeting. He 12 found the presentation very interesting but noted there were 13 very few people in attendance. 14' 15 There were thirty-two residents who attended the Town Meeting. 16 17 Commissioner Werenicz inquired if there would be any impact on 18 property taxes by homes experiencing water problems which 19 could be identified. Urbia responded there would probably be 20 a decrease in taxes and an abatement made. 21 22 Commissioner Madden 23 24 Commissioner Madden had nothing to comment on at this time. 25 26 Commissioner Werenicz 27 28 Commissioner Werenicz had nothing to comment on at this time. 29 30 Chairman Faust 31 32 Chairman Faust noted that he will be reviewing the Planning 33 Commissin agenda before it is sent to the Commissioners . He 34. requested that the Commissioners let him know of any agenda 35 items they wished to have recommendations agenda.include also has the 36 requested that any staff the item being addressed. 37 pros . and cons of 38 39 Chairman Faust suggested that the Planning Commission meetings 40 become more "user friendly. " He explained that his intent is 41 to make the environment at the meetings more accommodating to 42 those who attend and make them less intimidating. He felt the 43 atmosphere need no-t be adversarial . . 44 45 Commissioner Murphy 46 47 Commissioner Murphy had nothing to comment on at this time . 48 49 Commissioner Gondorchin 50 51 Commissioner Gondorchin had nothing to comment on at this 52 time . 53 54 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 12 4 5 6 Commissioner Franzese 7 8 Commissioner Franzese inquired as to the status of the Pirino 9 garage. Urbia had no current information. 10 11 . Werenicz inquired if an update of the court findings regarding 12 the Pirino lawsuit were available. Urbia stated that they were 13 not back yet . Chairman Faust felt the Planning _ Commission 14 members should know the legal reasons why the City lost the 15 case. He requested that the legal findings and the judgement 16 be included in the next month' s Planning Commission meeting 17 agenda. 18 19 9. ADJOURNMENT 20 21 Motion by Madden, second by Werenicz to adjourn the Planning 22 Commission meeting at 9 : 38 p.m. 23 24 Motion carried unanimously 25 26 27 Respectfully submitted, 28 29 30 Jo-Anne Student , Planning Commission Secretary 31 32 STAFF REPORT DATE: February 12, 1992 TO: Planning Commission Members FROM: David Mark Urbia, Management Assistant ITEM: APPLICATION FOR CONDITIONAL USE PERMIT FROM SHEIK'S RESTAURANT, -APACHE PLAZA --------------------------------------------------------------------------------------------------------- The following report is regarding a request from Adel Alwan for a conditional use permit to allow for more than three amusement devices at Sheik's Garden Restaurant, Inc.; 3800 Apache Plaza. The conditional use permit is necessary as Mr. Alwan proposes to have up to 30 amusement devices. According to the Zoning Ordinance, Appendix I, Section 9, Subdivision 3(14), an establishment is permitted to have more than three amusement devices (as defined in • Section 510:05) only by conditional use permit. Mr. Alwan's proposed plan (see attached drawing) would allow him to generate additional revenue in the older, rear portion of the restaurant. The front portion of the restaurant has been renovated. Mr. Alwan proposes rules that he believes will create a family atmosphere. The three conditions are satisfied for this conditional use permit, if the owner carries out the intent stated in answering the conditions. The Planning Commission should consider adding the following conditions in conjunction with recommending approval of the conditional use permit: (1) The arcade shall prohibit tobacco, alcohol, and drugs on the premises. (2) The arcade shall prohibit individuals under the influence of tobacco, alcohol, and/or drugs. (3) Proper supervision should be available at all times to ensure appropriate conduct and behavior. (4) The access from kitchen to dining area shall be segregated to ensure safety. (5) The number of amusement devices allowed will be dependant upon the available number of amusement device licenses and available space within the area designated on the-proposed plan. • Additional Background Information • The City's current amusement devise licensing ordinance allows the owner of the amusement devices to hold the license, even though the amusement devices are not in use. The holding of licenses presents a problem to those who would like to operate amusement devices, since the City has a limit of 106 licenses. The first reading of Ordinance 1992-001 was on February 11, 1992. This ordinance will allow only the operator of the amusement device establishment to apply for and hold the license. City staff discussed the conditional use permit request at a recent staff meeting. The Police Chief did not foresee major problems with the arcade at Sheik's. The Police Chief would have to realign some patrol schedules. A disadvantage of the arcade is it is inside the mall and not in a free standing building. A previoius request in 1987 to allow for an arcade in Apache Plaza by conditional use permit was tabled by the City Council. The applicant, Amercian Amusement Arcades, did not persue the request after it was tabled. The City Council tabled the request to do further study of the impact of arcades in mall areas. Of particular concern was this arcade was proposed to be next to the municipal liquor site. .,r) C I-Y OF S',. P NIPHONy- 1 I=%LIC!`^IO'`: ''op CCITT) L "'SL l i'^;'] •pplic;mt : P-del Plw,,oi Phone 783-3880 Address: 3800 Ppache Plaza; St. Anothonyy.NN. 55431 St,it:is of applicant (owner, buyer, renter, E:gent , ) : owner Street address E:nd/ or legal description of property in question : SHEIK' S GPPDEN RESTAURAIt-T inc. Zoning district in which property is located :3300 Apache Plaza Conditional use proposed : Expand existing restaurant to ircl,,ee Pirctroric rctr�ns & entertainment .devices. Pill-service .m Aes +72 with a non-alcohol .21tmosphere. Minnesota Statutes end City Ordinances require that the followi.bg 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 locate(i. lft-5 2) The proposed conditional use will not be detrimental to the health, safety, or general. welfEire of persons residing or working in the icinity of injurious to property values or inprovePents in' the icinity7. "There is no apparent . indication or evidence this request would be detrimental or harmful to persons Xcluding employees, general public or customer/patrons. Sufficient - full time supervision during all businessK"hours will be furnished. Also, see attached list of rul1es'. " 3) The proposed conditional rise is necessarA_,or desireable 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. " A family orientated enviornment of entertainment consisting of kiddie rides, video games, and billiards. This dimension is to enhance and aed to the existing restaurant by offering the comnunity a clean & wholesome atmosphere that has entertainment appeal for all ages & members of the family." Signature of applicant : • 01 -22 -92A � O . 00i • "HE SH-IKS RTJLE,S: 1. ) 1,T0 ^OT3P CCO 2) ',-TO FOUL T2 yel,;jp-q:, 3)ORO"J`CHI" SOY FOOL ^P 3LJ;g 4 ) PPOPEF COJ•iD-J C^ & J3 J;JJA V IOR IS R(?'J IRJ:n 5) iJuDJ ^iJJ; I'NT FL J;,`.0 73 OF P-LCOHOL OR PP T rS IS y0^ • P CC F`7 LLF • • FIST Z C H yrlee `1 , - J °n�r�a4 • 7.oninc Sec. 2, Subd. 2 28. Dwelling, Townhouse-Attached dwelling units of three or more, each with separate means of access. 29. Family - one person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner of a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. 30. Fast Food or Convenience Restaurant-A restaurant in which the primary method of dispensing and sale of food is over the counter direct- ly to the customer for consumption on the premises or elsewhere. Restaurants in which more than 20% of the gross sales are through table service are not to be considered fast food or convenience res- taurants. 31. Floor Area-The sum of the gross horizontal areas of all floors in a structure, except the basement, measured from the exterior faces. of the exterior walls. 32. Floor Area Ratio (F.A.R.)-The ratio of the maximum permitted floor area of the principal building or buildings to the zoning lot. (To determine maximum allowable total floor area on a lot, multiply the lot area by the floor area ratio). 33. Garden Level Apartment-An apartment on the lowest level of a building and in which the height of the base of windows shall not be more than four feet above the floor. 34. Garage-An accessory structure used to house automobiles and miscellaneous items. 35. Garage Sale-Any display of used goods and/or salesmen's samples and/or sale of same on a property used primarily as a residence. 36. Grade-The elevation of the garage floor in a structure with an attached or tuck under garage, or the elevation of the average finished surface of the ground at the building setback line in a structure with a detached garage. 37. Junk Yard-Land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, dis- assembled or handled, including but not limited to scrap metal, rags, paper, hides, rubber products, glass products, lumber products, plas- tic, etc. and products resulting from the wrecking of automobiles or other vehicles. 38. Kennel-Any premises where three or more caged or non-caged domestic animals of the same breed or species are kept, except for animal hospitals, pet shops or veterinary clinics. 39. Land Coverage-The area of _land on a zoning lot which is covered by buildings and/or accessory structures. -5- Zonine I Sec. 2, 2 '7(a ) Vehicle - car, van, pickup, motorcycle, snowmobile, motorhome, camper, trailer, boat , truck, or similar item licensed by the State • �} of Minnesota for use on roadways or waterways, but excluding bicycles and mopeds. 78. Wall, Retaining-That which is erected as a permanent barrier, affixed along its entire length to the ground or some immovable struc- ture and so constructed as to impede the movement or erosion of soil or earth. 79. Yard-The space or grounds on the .same zoning lot surrounding, bordering or surrounded by a building or structure. 80. Yard Area-The area enclosed by the lot lines cn three sides and .the side in question of the principal structure extended to the lot lines of the parcel. 81. Yard, Front-A yard extending along the full width of the front lot line between side lot lines and extending in depth from the abutting front street right-of-way line to the principal structure on the. lot. 82. ' Yard, Rear-A yard extending along the full width of the rear lot line between the side lot lines and extending in depth from the rear lot line to the principal structure on the lot. 83. Yard, Side-A yard extending along the full width of the side lot line between the front and rear lot lines and extending in width "- from the side lot line to the principal structure on the lot. 84. Zoning District-An area or areas within the limits of the City for which the regulations and requirements governing land use are uniform. 85. Zoning Lot-A plat of ground, made up of one or more parcels of land,. which may be occupied by a use, building, or buildings, including the open spaces required by this Ordinance. 86-. Zoning Map-The map or maps incorporated into this Ordinance as part thereof, designating the zoning districts. SECTION 3 CLASSIFICATION OF DISTRICTS Subdivision 1. Division of the City into Classes of Districts For the purpose of this Ordinance, the City of St. Anthony .is hereby divided into classes of districts which shall be designated as follows: 1. Residence Districts a. R-1 Single Family Residence b. R-2 Two Family Residence C. R-3 Townhouse Residence d. R-4 Multiple Family Residence 2. Commercial Districts a. " "B" Service./Office Limited Business b. "C" General Commercial 3. "L.I." Light Industrial District -9- Apnena is 1 7.oning Sec. 12, Subd. 9 6. Plans for the maintenance of the site. 7. Plans for erosion control , including the proposed type of ground cover. 8. An assessment of the environmental impact of such proposed action upon wetlands, watercourses and water ponding areas. Subdivision 9. Off-Street Parking and Loading Regulations 1. Existing off-street parking spaces shall not be reduced in number unless the existing number exceeds the requirements set forth herein for a similar new use. 2. Setbacks in commercial and light industrial districts, in which parking is prohibited, shall be as follows: a. There shall be a setback from side lot lines of at least five feet. b. There shall be a. setback of at least ten feet from the front property line. c. There shall be a setback of at least ten feet from all rear lot lines. d. Where a B, C, R-4 or L.I. district abutts an R-1, R-2 or R-3 district, there shall be a setback of not less than twenty feet from the abutted property. 3. No curb cut to a parking area shall be more than twenty-eight feet in width. 4. Curb cuts on any one street shall be a minimum of thirty feet apart, unless curb cuts are to be used for one way traffic only and clearly designated as to that fact. 5. No B, C or L.I. usage shall have a curb cut within thirty feet of any residential district boundary unless it is located across a designated street from the residential district boundary. 6. The Council shall have the authority to specify access locations where there is congestion on abutting streets. 7. Where parking is lighted, the light sources shall not exceed . .. thirty feet in height nor shall the light intensity exceed one foot candle measured at the property line. 8. Any parking area or access drive constructed in any district after May 1 . 1987 shall be paved with either asphalt or concrete. 9. The City shall review the proposed grade of parking lots and make a recommendation if the grade is improper for drainage. There shall be an approved curbing around the perimeter of a parking area except in R-1 and R-2 districts. -30- STAFF REPORT DATE: March 5, 1992 TO: Mayor and Councilmembers FROM: Connie Kroeplin, City Clerk ITEM: PROPOSED ELECTION JUDGES FOR THE APRIL 71 1992 PRESIDENTIAL PRIMARY ELECTION Precinct 1. Hennepin County Ethel Plasek, Chair 3112 Armour Terrace Mary Schwaab 2913 Stinson Boulevard Patricia Bridgeman 2900 West Armour Terrace Elvira Grundmayer 3013 Croft Drive Precinct 2. Hennepin County Louise Inhofer, Chair 2501 Lowry Avenue N.E. Helen Crowe 2813 West Armour Terrace Elaine Gorshe 2821 Stinson Boulevard Anne Arndt 3520 Coolidge Avenue Precinct 3. Hennepin County Lorraine Schmidt, Chair 3256 Old Highway 8 Nancy Morin 3331 Belden Drive Precinct 1. Ramsey County Micky Madden, Chair 3701 Foss Road Caroline Zappa 2408 - 27th Avenue N.E. William Arndt 3520 Coolidge Avenue Clare Mancino 3609 - 37th Avenue N.E. • CITY OF ST. ANTHONY RESOLUTION 92-020 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF BLOOMINGTON FOR PROVISION OF HEPATITIS B VACCINE WHEREAS, the City of St. Anthony has an ongoing Hepatitis B vaccination program for those persons who may be at risk of acquiring Hepatitis B due to their City job responsibilities; and WHEREAS, the City of Bloomington, through its Division of Public Health, has agreed to vaccinate employees of the City of St. Anthony in order to minimize infection with Hepatitis B. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute the agreement for provision of Hepatitis B vaccine with the City of Bloomington. Adopted this day of 11992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND ST. ANTHONY FOR PROVISION OF HEPATITIS B VACCINE This Agreement made this 10th day of March, 1992, by and between the City of Bloomington ("Bloomington") and the City of St. Anthony ("St. Anthony"); WHEREAS, Hepatitis B is an infection of the liver caused by the hepatitis B virus; and WHEREAS, each year approximately 300,000 persons in the United States are afflicted with hepatitis B, more than 10,000 persons require hospitalization and an estimated 250 people die from the disease; and WHEREAS, persons who may be at risk of acquiring hepatitis B due to their job responsibilities include such government employees as nurses, paramedics, law enforcement personnel, and firefighters; and WHEREAS, a key strategy for preventing the spread of hepatitis B is to vaccinate individuals with a high risk of infection; and • WHEREAS, Bloomington, through its Division of Public Health, has agreed to vaccinate employees of approximately 24 municipalities in order to minimize infection with hepatitis B; NOW,. THEREFORE, the parties hereto, in consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, will administer the Hepatitis B vaccine to any employee of St. Anthony who consent to be vaccinated. Each employee requesting immunization shall'be required to sign a Consent Form, which is attached hereto and marked Exhibit A, prior to being vaccinated. 2. Bloomington shall administer three (3) separate doses of vaccine for each St. Anthony employee. 3. St. Anthony shall pay Bloomington the sum of One Hundred and Forty Dollars ($140.00) for each employee consenting to be vaccinated. On or before a date to be determined by Bloomington, St. Anthony shall remit to Bloomington the total amount of compensation from all employees of St. Anthony who have consented to be Hepatitis B Agreement Page 2 • vaccinated. It is understood and agreed that such compensation must be paid prior to Bloomington dispensing the vaccine. 4. Bloomington will conduct the vaccination program at designated clinic site(s) and time(s). Bloomington shall inform St. Anthony of the location of each clinic and provide a schedule for administration of the vaccine. The vaccinations will be administered by appropriate personnel. 5. Bloomington shall provide to St. Anthony a report confirming that the consenting employees of St. Anthony received the Hepatitis B vaccine on three separate occasions. 6. It shall be the responsibility of St. Anthony to insure that its employees requesting immunization utilize the available clinics at the designated times. Bloomington shall not refund any payments to St. Anthony for employees who are not vaccinated because they failed to appear at a clinic during the times when the vaccine was being administered. • 7. Except as to negligence or intentional misconduct in the keeping, handling, storage and administration of the Hepatitis B Vaccine, St. Anthony shall indemnify and hold harmless Bloomington, its officials, agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from administration of the Hepatitis B Vaccine pursuant to this Agreement. The parties agree that the provisions of this paragraph shall not be construed as a waiver by either party of the liability limits contained in Minnesota Statutes, Chapter 466. To the extent that, in any situation in which the indemnity is applicable, Bloomington would have been entitled to contribution or indemnification from parties manufacturing, processing or distributing any items or material used in connection with administration of the vaccine, including the vaccine, Bloomington agrees to assign such indemnity or right of contribution to St. Anthony. Hepatitis B Agreement Page 3 CITY OF BLOOMINGTON CITY OF ST. ANTHONY By: By: Its Mayor Its Mayor By: By: Its City Manager Its City Manager CITY OF ST. ANTHONY HEPATITIS B VACCINE CONSENT/REFUSAL FORM I have read the policy statement and the information sheet about Hepatitis B and the Hepatitis B vaccine. I have had a chance to ask questions. I have all the information I desire and understand the benefits, risks and possible adverse effects consenting to or refusing the Hepatitis vaccination. I accept those risks. I understand that if I consent to the vaccination I must have three separate vaccinations. I understand it is my responsibility to receive the doses according.to the schedule. I further understand that the vaccine has been offered to.me at no cost. I wish to receive the Hepatitis vaccinations. Signature Date I prefer not to receive the Hepatitis B vaccine and decline the opportunity to be vaccinated. I do understand that I may receive the vaccination series in the future at my request. Signature Date PLEASE RETURN TO THE CITY CLERK • CITY OF ST. ANTHONY RESOLUTION 92-021 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN THE REGULATORY AND WARNING SIGN REPLACEMENT PROGRAM WHEREAS, the City of St. Anthony has indicated its intent to participate with the Minnesota Department of Transportation in the Hazard Elimination Safety Program for the correction of regulatory and warning sign deficiencies on non- Federal Aid local roads; and WHEREAS, the City is desirous of bringing the traffic control devices on streets and roads located within its geographical limits into conformance with Minnesota Standards through a county-wide signing project administered by the Hennepin County Engineer. • NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute the agreement with Hennepin County for participation in the Regulatory and Warning Sign Replacement Program. Adopted this day of . 1992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • Agreement No. PW 13-10-91 County Project No. 91. 05 & 9106 City of St. Anthony • County of Hennepin AGREEMENT FOR PARTICIPATION IN THE REGULATORY AND WARNING SIGN REPLACEMENT PROGRAM AGREEMENT, Made and entered into this day of 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, Under the Federal Highway Safety Act of 1973, one of the objectives set forth by the United States Department of Transportation is the conformance of all traffic control devices to the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways (MMUTCD) in the State of Minnesota; and • WHEREAS, Funds are available through the Federal Highway Administration for 90% of the eligible costs for inventorying the existing signs and replacing, removing or installing regulatory and warning signs/devices authorized and approved by the Minnesota Department of Transportation; and WHEREAS, The City has previously signed a letter of INTENT TO PARTICIPATE with the Minnesota Department of Transportation in the HAZARD ELIMINATION SAFETY PROGRAM for the correction of regulatory and warning sign deficiencies on non-Federal Aid local roads. A copy of said signed letter of intent (marked Exhibit "A") is attached hereto and by this reference made a part hereof; and WHEREAS, The Minnesota Department of Transportation has requested that for the sake of consistency and cost-efficiency that townships and small cities within the same county band together for a single project under the administration of the county engineer; and WHEREAS, The City is desirous of bringing the traffic control devices on streets and roads located within its geographical limits into conformance with -1- c� Agreement No. PW 13-10-91 Minnesota Standards through a county-wide signing project administered by the • Hennepin County Engineer; and WHEREAS, The County and its agents have completed the required sign/device inventory; the City has approved said inventory; and the Minnesota Department of Transportation has authorized the County to proceed with the furnish/install phase of said project; and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of One Hundred Sixteen Thousand Two Hundred Forty One Dollars and Forty Three Cents ($116,241.43) . A copy of said estimate (marked Exhibit "B") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 2 and SEC. 471.59. • NOW THEREFORE, IT IS HEREBY AGREED: I The County will administer said county-wide signing project through two separate competitively bid construction contracts. One contract shall provide for the furnishing of the signing materials, hereinafter known as County Project No. 9105. A second contract will provide for the installation of said furnished materials, hereinafter known as County Project No. 9106. Hereinafter the term "Project" will be used to designate the sign replacement project as a whole and will incorporate both County Project No. 9105 and County Project No. 9106. II The City, by executing this agreement, approves the plans and specifications prepared by the County and its agents for said project. Said plans and specifications are made a part hereof by this reference. • Agreement No. PW 13-10-91 • III The County will advertise for bids for the work and construction of the aforesaid contracts, receive and open bids pursuant to said advertisements and enter into contracts with the successful bidders at the unit prices specified in the bid of such bidders, according to law in such case provided for counties. The contracts will be in form and -will include said plans and specifications. IV The County will administer the contracts and inspect the construction of the contract work contemplated herewith. However, the City shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. V The City agrees that the County may make changes in the plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. • It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the project. Said changes may. result in an increase or decrease to the City cost participation estimated herein. VI The City shall reimburse the County for its share of the inventory, materials and installation costs for said project and the total final cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "B" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 2 of this agreement is an estimate of the costs for the contract work on said project and that the unit prices set forth in the contracts with the successful bidders and the. final quantities as measured by the County Engineer shall govern in computing the total final costs for apportioning the costs of said project according to the provisions of this paragraph. -3- Agreement No. PW 13-10-91 VII • Upon completion of the project and approval by the Minnesota Department of Transportation of the final measurement of the actual quantities, the County will submit to the City the County Engineer's Final Estimate for the project showing the City's final share in the inventory, materials and installation costs for the project. VIII The City shall remit the total payment in full to the County within thirty (30) days after receipt of the County Engineer's Final Estimate. IX The County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to the City upon request. X All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. XI It is understood and agreed that upon completion of the project, the City agrees to maintain in a satisfactory condition all signs placed within its geographical limits under this agreement. Said maintenance shall be the sole cost of the City. XII The City further understands and agrees that all signs and devices removed by the County's Contractor as a part of said project are not the property of the City and will not be returned to it. All signs and devices removed shall be disposed of by the County's Contractor in accordance with Minnesota Department of Transportation's HAZARD ELIMINATION SAFETY PROGRAM regulations. XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, • demands, judgements, fines, penalties, expenses, actions, or causes of actions of -4- 1 Agreement No. PW 13-10-91 any kind or character arising out of or by reason of the negligent performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. • Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XV The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. -5- Agreement No. PW 13-10-91 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be execut4o by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Clerk of the County Board Chairman of its County Board Date: Date: And: Upon proper execution, this agreement Associate. County Administrator will legally valid and bindi g and County Engineer By: Date: Assist"alht County At orney Date: RECOMMENDED FOR APPROVAL Approved as to execution By: By: Director, Department of Public Works Assistant County Attorney • Date: Date: -6- RECEIVED INTENT TO PARTICIPATE ^ WHEREAS. under the Federal Highway Safety Act of 19�ft e aG, the objectives set forth by the Department of Transportation is the conformance of all traffic control devices to the Minnesota Manual on Uniform Traf f-i c Control Devices for: Streets and Highways (MMUTCD) ; and WHEREAS, funds are available through the Federal Highway Administration for the installation of regulatory and warning signs/devices; and WHEREAS, ---�- -- 11 -- ------ --------�---6----- ( inty►, Muni ipality or ,Towns ip) ------ ----- -- '- --�'--- -- =-------------- i the County of is desirous of bringing the traffic control devices on streets and roads located within its geographical limits into conformance with Minnesota standards: NOW, THEREFORE, IT IS AGREED THAT: 1 . The Participant will comply with the conditions set forth in the Project Description. The Participant will remove, replace or install all regulatory and warning signs, delineators and object markers necessary to comply with Minnesota standards (MMUTCD) as determined through an approved inventory of inplace non-electrical traffic control devices.. The State of Minnesota, Department of Transportation (MnDOT) , will administer the program, and will be responsible for documentation requirements as specified- by the Federal Highway Administration. Reimbursement (90% of the eligible total costs) will be based on approval of the field i nspecti on , and the materials certification , and satisfactory review of .-- claims documents. The Participant will be responsible for the remaining 10% of the eligible total costs. The Participant agrees to maintain all such material installations in satisfactory condition. 4. The U. S. Department of Transportation Regulations on Non- Discrimination are to be complied with by the . Participant . Refer to Appendix, A, "Nondiscrimination • Regulations" and "Disadvantaged Business Enterprise Policy" . >%AeHli cat ion_ Page 11 Page 10 Henn. Co. Agrmt. No. P4! 13-10-91 Exhibit "A" ; Sheet 1 of 2 APPLICATION We have reviewed the Project Description and the Intent to Participate. We intend to participate in the Hazard Elimination Safety Program for local roads. It is understood that reimbursement will be 90% of the total eligible costs attributed to a comprehensive sign/device inventory*, materials and installation. Although no submittal deadline is indicated, we understand that the funds are limited and available on a "First Come, First Served" ' basis. (* Those counties and cities who previously received Federal Aid for sign inventories are not eligible for re-inventory reimbursement under this program. ) Sign/device inventory will be conducted oy: Circle response COUNTY ENGINEER or CONTRACT Furnish/install phase will be conducted by; Circle res_ onse COUNTY ENGINEER or CONTRACT or OTHER sp cify We understand that the sign/device inventory will not begin until we receive authorization from MnDOT to proceed. Instructions for the inventory phase will accompany the authorization to proceed. Upon approval of the O ventory, the project manager may proceed with the project. We understand that reimbursement is contingent on approval of the field inspection , the materials certification and satisfactory review of claims documents. Estimated mileage to be inventoried: ____ ___ -----------_ Estimated inventory start date ---- - -- 4_ d -- - -------- ----------------=-- Name of Couhty. Municipality or Township e = -----------------------�= I=g Of icial signaturre Date signed ---------------MN' Address City Zip Code Mail the Intent to Particieatg and the Aeglication to: Nancy Mahle, Manager • -09 Transportation Building , St. Paul , MN 55155 Page 11 Henn. Co. Agrmt. No. PW 13-10-91 Exhibit "A" ; Sheet 2 of 2 Z O.7 n U1 O s O s N m ..� O b r bi O s O h n n A .ti m 7 P w c O b ry .r li N n n y UN iii I n r m n O b O O b P 0m 1 b n O n m m O N r .O O .O .O p pr n .1r R N v s N N s b b 1U'1 � ry y r N O N m P m v 01 O n s r m N h h h r 1 W! O N O m N O P m N m n 01 r N P U1 r m o N m O, 9 n n r b m O r m b s M b % m P m w O m O m v O b O m b r I N O r v v b ry n m P It r r 01 w It P 01 m m b CA m b b Al ry n P n U1 O n .+ N r O n N vOr O b O v . . . . . . . . . . . . . . . . . . . . . ..j O P h P Y1 r N �y .r .+ N O �O -. 2 r {�C`+ N ^1n rw r n �O O b 01 b N O O O n O N .V v b O n h N O b b P N P v n N 111 p P N N r r N P b b N y O O O O O O O O O O O O O S S S O S S O O O O O S O O S S O O O O O O . ee. . . 1/p1. . . . . q .. �p1 . . . . . . . . �ya1 N A 1fl w n m r n m -1 01 Al O O r b 1NV v ,n N N P n P n h b N N b O N - - - - - - - - - - p r v N m u a O N N P N m ry N N b O N N P ry N n m e ut; 3 O v M .� N P ry b z Y N A M d - Q- - - - - - - - - - -s- v- - - - - - 444 � O n r- r � O� b v �p O d N O m O 01 Ul U1 N n v v n v .r-1 O - - - - - - - - - - - - - - - - - - - - - - O P ry 01 O P N b n P ry q P ry P N r b m P .r b O 01 v N N w r N .y v N N .r ti v •`• � b N o �n w N m a f1 P r n O h N Y1 O m fb4 Y1 m b {LVQ] O 1R m 01 N O 1(1 1f1 V1 O m 10 r f� ry N A m H n b O O n b O n .-. O ry in P s O f1f w. n 1p ..1 r N N r N Ifl r r r r 1p N 1'1 - - - - - 01 N T m n O U1 b P .-. s N O m n n O r m m O N O v U1 O v n U1 V7 v b O r1 v r s Ul . . . . . . . . . . . . . . . . . . . . . N ry m O g N O b U1 n N N N n b O n r O {8Q n .�I m r Vl m m n m v P . V1 O .G v m m V1 %o n - - „ 01 It &t Ut F4 - - - - - - - - - - - - - - - - - - - Henn. Co. Agrmt. No. PW 13-10-91 Exhibit 116" g Sheet 1 of 1 • STAFF REPORT DATE: March 5, 1992 TO: Mayor and Councilmembers FROM: Larry Hamer, Public Works Director ITEM: OLD HIGHWAY 8 RECONSTRUCTION The plans and specifications for the Old Highway 8 Reconstruction project have been received from Maier Stewart and Associates. Council approval of the plans and specifications. and approval to call for bids on the project is required before they are submitted to Minnesota State Aid. • Cost Estimate Tor: OLD HIGHWAY 8 RELONSIRUCIIUN - 51 . ANINUNY S.A.P. #161-109-03 I m1MnUU1 Spec. 1 Item (Unit (Quantity I UN1'1 PRILL IIUrAL NRILE I IReterence I I I I I I ISCHEDULE 1.0 OLD HIGHWAY 8 I I 1 i 1 2021.501 IMOBIL1ZAIION I LS 1 1 1 $2.000.00 I $2,000.00 1 2 1 2104.505 IREMUVE EXIST . BIT. SURFACING I SY I 8885 1 $1.25 I $11.106.25 I 1- 3 I 2104.505 IREMOVE EXIST. 9" CONC. BASE I SY ( 6810 I $3.80 I $25.878.00 I 4 I 2401.501 IREMOVE CUNC. CURB & GUTIER I LF I 700 1 $1.50 I $1,050.00 I 5 I 2104.503 IREMOVE EXIST. CONCR. WALK I SF I 720 I $0.50 I $360.00 1 6 I 2101.511 . ICLEARING & GRUBBING LS I 1 I $500.00. 1 $500.00 I 7 I SPEC. ICONCRETE PEDESTRIAN RAMP . I EA I 3 1 $70.00 ( $210.00 1 8 I 2531.507 18" CONCRETE DRIVEWAY APRON I SY 1 80 1 $22.50 I $1.800.00 1 I I I I I I 1 9 I SPEC. 16" CONCRETE RESTORATION 1 SF 1 1200 I $2.00 1 $2,400.00 I I I I I I I I 10 I SPEC. 12" BIT. D/WAY RESTORATION I SY 1 670 1 $4.75 I $3,182.50 I I I I I I I I it I 2401.501 IREMOVE 12" TO 18" CM PIPE I LF I 88 1 $2.00 I $176.00 1 I 2105.501 ICOMMON EXCAVATION 1 CY 1 4680 1 $2.25 1 $10.530.00 1 ISELECI 13 21 05.522 I GRANULAR BORROW (CV) I CY I 4400 I $3.90 1 $17,160.00 1 13 1 I I I I I 14 I 2112.501 ISUBGRADE PREPARATION INDSTAI 21 1 $150.00 I $3.,150.00 1 1 1-1-1 I I 15 I 2211.501 ICL 5 AGG.(100% CRUSHD LIMSTNE) I TON I 3430 1 $6.25 1 $11.437.50 1 I I I I I I I 16 1 2331.514 I-TYPE 318 BASE COURSE MIXTURE I TON I 1320 I $21.50 I $28,380.00 1 -I I- I-1- I I I 17 I 2331.508 1.1-YPE 41A WEARING COURSE MIX. I TON I 1060 1 $23.00 I $24.380.00 I 18 I 2357.502 1617. MATL. FOR TACK COAT I GAL I 470 I $1.00 I $470.00 1 I I I I- 19 1 2531.501 ICONC. CURB & GUTTER. DSN B618 I LF I 4400 I $4.50 1 $19,800.00 1 I I I-1-- I I I 20 1 SPEC. ISTRIPING. 4" SOLID YELLOW I LF 1 3800 1 $0.23 I $U74.00 1 I I I- 1--1 I 21 1 SPEC. ISTRIPING. 4" EQUIVALENT -(HICK I LF 1 260 I $0.13 1 $59.80 1 ---I -1 __ I I 1 I- I 22 1 SPEC. IC:UNCRETE VALLEY GUTTER ( SF 1 550 I $4.00 ( $2.200.00 I I I I I I I 23 ( SPEC. I-IRIANG. VALLEY GUTTER SECTION I EA I 10 1 $350.00 1 $3.500.00 I I-_ I •CH 3. 1992 490-007-20 24 1 2564.531 1SIGNING 15F ( 10.5 I $21.x0 I $l.vtl0.b0 I • 25 I 2130.501 IWATtR (FOR UUSr CONTROL) I KGALI 30 1 $25.b0 I $/50.00 I - 26 ( 2575.505 ISOU, TYPE LAWN & BOULEVARD ( SY I 12200 1 $2.20._ ( $26,840.00 1 - I 1-1- I - - -I - 27 I SPEC. ISEEUING I ACREI 3.2 1 $1,500.00 I $4.800.00 I I - I I I I - 1--i 28 I SPEC. IERUSIUN CONTROL I LF I 1000 ( $2.50 I $2.500.00 1 29 I SPEC. ITRAFFIC CONTROL 1 LS I 1 1 $2.500.00 1 $2,500.00 I I I-1- I I - - 1 30 I 2502.541 14" PERF. PE CORR. PIPE DRAIN I LF 1 2000 1 $6.50 1 $13,000.00 31 ( 2506.511 (RECONSTRUCT MANHOLE (12) 1 LF I 90 I $200.00 1 $18.000.00 1 32 I 2506.522 (ADJUST GATE VALVE BOX I EA 1 1 1 $85.00 ( $85.00 I 33 1 2506.522 (ADJUST MANHOLE CASTING i EA 1 4 I $150.00 1 $600.00 1 I I I I I I I 34 1 2506.522 (ADJUST CATCH BASIN CASTING I EA ( 3 ( $100.00 I $300.00 1 35 1 2506.516 IMH CASTING. R-1733 SOLID LID I EA I 15 1 $300.00 1 $4.500.00 1 i 1 1-1-1 I 1 36 I 2506.516 ICS CASTING, MnDOT 4129F-802A I EA 1 10 1 $300.00 1 $3,000.00 I 37 I 2104.523 ISALVAGE MH/CB CASTING I EA ( 14 ( $50.00 I $700.00 I • . 38 I 2506.508 ICONSTRUC•r MH/CB, DESIGN F (8) ( EA I 8 1 $1.500.00 1 $12.000.00 1 39 I SPEC. ICONSr. MH OVER EX. STORM SEWERI EA 1 3 1 $2,000.00 1 $6.000.00 1 I I I I I I 40 ( 2501.561 116" RC PIPE, CL.3, 3006 JOINT I- LF 1 396 1 $20.00 1 $7,920.00 1 41 I SPEC. IGRANULAR FOUNDATION MArERIAL I TON 1 200 I $12.00 1 $2.400.00 1 I I I I I I 1 42 I SPEC. ICONSrRUCT CONCRETE SWALE I SF I 120 I $3.00 1 $360.00 1 43 1 2104.505 (SAW CUT CONCRETE I LF I 150 ( $20.00 1 $3,000.00 --I I I' SCHEDULE 1.0 OLD HIGHWAY 8 --rotal Constr. Cost Estimate 1$291.339.$S 1 • MARCH 3. 1992 -- - 49id-00 J-'20 CITY OF ST. ANTHONY ORDINANCE 1992-001 AN ORDINANCE RELATING TO LICENSES FOR AMUSEMENT DEVICES; AMENDING SECTION 401:00 TO LIMIT THE NUMBER OF LICENSES AT ANY ONE ESTABLISHMENT; AND AMENDING SECTION 401:00 TO ADD NEW SECTIONS 401:15 and 401:20 The City Council of the City of St. Anthony ordains: Section 1. Section 401:00 of the 1973 Code of Ordinances is amended to read as follows: Section 401:00 Limited Number of Licenses. No more than 106 licenses for Amusement Devices, as defined in Section 510:05, shall exist in the City at any one given time. Not more than 35 licenses will be issued for any one establishment. If application is made for a license which if issued would cause the number of Amusement Device licenses to exceed the maximum, the Council shall table action on the license and shall consider it only when issuance of the license would not be in excess of the maximum number specified in this Section. Section 2. Section 401:00 of the 1973 Code of Ordinances is amended to add a new Section 401:15 to read as follows: Section 401:15 Issued to Q12erator. A license for Amusement Devices shall be issued only to the person or business entity which directly operates the business establishment in which the Amusement Devices are used. Section 3. Section 401:00 of the 1973 Code of Ordinances is amended to add a new Section 401:20 to read as follows: Section 401:20 Expiration of Licenses for Failure to Operate. If the licensee does not have the Amusement Devices for which the license was issued available for use by the public within 6 months after the license is issued, or if use of the Amusement Devices is discontinued for a period of 6 months, the license shall expire and shall be available for issuance to other licensees. No portion of the license fee will be refunded after it is paid, even if the license is not in effect for its full term.