Loading...
HomeMy WebLinkAboutCC MINUTES 07271982 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIII III IIII IIII iozoaa Box: 21 Folder: CC MINUTES AND AGENDAS 1982 Document: CC MINUTES 07271982 (02) CITY OF ST. ANTHONY COUNCIL MINUTES • July 27, 1982 Mayor Sundland opened the. meeting with the Pledge of Allegiance at 7 : 30 P .M. Present for roll call: Marks , Ranallo, Sundland, Letourneau and Enrooth . Also present: David Childs , City Manager; William Soth, City Attorney ; Ronald Berg , Administrative Assistant; Carol Johnson, Finance Director; . and Larry Hamer, Public Works Director. The Council minutes for the meeting held July 13th were amended to change the title of "State Representative Rose" from "Senator" in the first and last paragraphs on Page 4 . Motion by Councilman Msrks and seconded by Councilman Letourneau to approve as amended the, minutes for the Council meeting held July 13 , 1982 . Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve . the minutes for the Special Council Meeting held July 20 , 1982 . • Motion carried unanimously.. Approximately 100 persons were present to provide input to the discussion of the proposed on-sale 3 . 2 beer license being considered by the Council for Chick' s Billiards to open in September in the St. Anthony Shopping Center next to Vincenzo's at 2529 Harding Street. The Council had granted licenses for cigarettes .and amusement devices for the business during their July 13th meeting but had tabled the beer license request for further information about Chick ' s in Coon Rapids . Mayor Sundland read the applicable portion of the July 13th minutes which would familiarize those who were present with the Council 's actions up to that point. He said he- had received two phone calls each from St. Anthony and Minneapolis residentson the subject and read the letter he had written to Mary Ann Kuharskiin response to her letter protesting the Chick ' s presence in the City. In the letter he had informed Mrs . Kuharski that he had been in negotiation with the applicant, Roger E. Springfield, and his partner and, when he reported the opposition to the license demonstrated in. the community, Mr. Springfield had indicated he was interested in becoming a part of the community and, as a way of avoiding such a conflict,. withdrew the application for the license. The Mayor concluded his . report .by telling those present he intends to personally lobby the legislature to raise the drinking age to 21. Councilman Ranallo questioned the Mayoras to exactly when the appli- cant had withdrawn his beer license request since the Mayor had not • indicated that possibility when the Council had met -the previous evening. • i -2- Mrs. Kuharski who lives at 2709 .Pahl .Avenue N.E. said she was sorry • she had not known. the application had been -withdrawn earlier since she and her family had missed the East Side parade that evening because she had to be .at City Hall. She then presented a petition against the beer license which had been signed by 409 persons and told the Council not one person had refused- to sign when the door- to-door solicitors approached them. She then questioned why their elected officials were not doing-.a better -job of protecting the whole community around the Shopping Center, citing the Fun Center as another trouble spot which she believes has an adverse effect on City property values and the- willingness of parents to let their children frequent the shopping center. She- listed the objectionable items left all over her neighborhood by the young people "who hang out" at the Fun Center and posed the question, "What do we want for this family oriented community -- more family oriented businesses or more pool halls and game rooms?" The Mayor told Mrs. Kuhar-ski that the .disintegration .of the southern portion- of the shopping center where Chick 's is going .in was the very reason the Council is trying to redevelop the area,. as fast as they legally and economically can do so, for residential development. He also .said he was not- aware there was such intense opposition to the license since he had only received four calls and' knew nothing of the petition which .was being distributed. Councilman Ranallo said he had instigated some of the opposition, but "unfortunately didn' t know the Mayor ' s negotiations were going on" . Motion by Councilman Ranallo and seconded by Councilman Marks to • direct the City Manager and Mayor to see if the hours of operation of Chick' s could be curtailed so the hall would close at 10:00 P.M. and not be open 24, hours a day. An involved discussion followed before a vote was taken on the motion. Councilman Marks said he had been disappointed to see this business come in to the area because he wants housing developed there and the Council has worked for three. and .a half years to accomplish this . He said it will probably be several more years before the redevelopment- plans can be realized and Mr. Springfield has indicated he is looking for a ten year lease. The Councilman indicated he is afraid Mr. Springfield "has a . legal right to make a beer license application" ; and could, "under the existing City- ordinance have opened a pool hall without contacting the City at all" . Walter Dziedzc:, Minneapolis: Alderman, said he was present to protect the rights and concerns of his Minneapolis constituents who will live within two -blocks of the' billiard. hall when it opens , which he became -. aware of when Darlene Gerber, - 2243. N.E . Roosevelt called him to report a billiard hall which would be open 24 hours a day was going in 200 feet from the Minneapolis,/St. Anthony. boundary lines . Alderman Dziedzic told the Council Minneapolis has seven pool hall licenses , six of which are for all -night operations. and four out of the seven serve beer, and all are trouble spots . He said , "we • all know there is an association between crime and liquor operations , but for years couldn"t fight the system to prevent them from coming in" . Now, the Alderman reported, Minneapolis has developed documentation -3- of the direct relationship between these types of businesses and • crime and sinking home values in the neighborhoods and that "the closer you live, the more likely you are to become a victim" . He promised to leave the document for them to read but cautioned the Council that "now that the. City 's_. problems are coming to the suburbs , you should learn from our mistakes" . The Minneapolis official insisted, "it is possible to vote them out" , citing as an example the Minneapolis Council 'ssuccess in convincing the court to rule against the "My Place" bar. He continued by saying it was his understanding: that the voting that evening would probably have been only three votes against the beer license and insisted he believes the City- has it in its power to control the hours of. operation for the billiard establishment. The Alderman cited a long History of cooperation between the City. of Minneapolis and St. Anthony saying Minneapolis police have often responded to calls for help when there has been a problem at the Stonehouse , and just last week , had assisted St. Anthony and Rose- ville in the hazardous materials emergency. He cited his own cooperation with getting the semaphor installed near the bank on Stinson and with providing water and sewer to that building and told of his attempts to get the appearance of the Champion Auto Store on Stinson and 37th improved as requested by the City Council. The Alderman reported he was somewhat surprised that he had not been notified that an all night operation was being permitted to operate so close to the Minneapolis- boundary line. • The Mayor said he is very conscious that "deteriorating shopping centers do attract objectionable business but reminded the Alder- man that many of St. Anthony 's ordinances are fashioned after Minneapolis ' . He said the Minneapolis officials comments would not go unnoted and "the Council is particularly aware of the police viewpoint" . He also. believes the Council will continue to"look at our ordinances" . Mrs . Gerber' said she is a .resident of what is known as the Stinson triangle , comprising Lowry , Wilson, Harding and Stinson, where there is very easy access to the shopping center. She reported problems with bikes, motorcycles , etc. traffic going to and from the center and said the neighborhood had just succeeded in cutting down the burglary instances by forming block clubs and are now shocked to find out a new source of problems is being permitted to operate almost in their backyards . She believes the residents in her area are "sitting ducks" and questioned why. such an element is invited to come into the area which was a wholesome, family oriented com- munity long before the City ordinance was formed to permit billiard halls and wondered "what . laws are there to protect the residents?" Diane Glodek, 2235 Wilson Street N.E. , also a. Minneapolis resident , who lives within two blocks of the subject site, cited the instances of vandalism and irritations her -neighborhood has experienced since the Fun Center went into the St. Anthony Shopping Center and asked • what the City:'.is doing to guarantee that these irritations are not increased with the. new business. Sue Michaelov, 2319 Harding Street N.E. , who said she will be "right behind the billiard hall in a neighborhood which had -been quiet before l -4- . the Fun Center went in" agreed, saying she doesn' t see how the police will be able to patrol: that .area to prevent an - injury to persons • or property when they have not been able to prevent the vandalism and other annoyances experienced by the same neighbors which she attributed -to Fun Center customers .. Mayor Sundland said he is unable to give the residents the kind of guarantees they are seeking.. He admitted tiere have been complaints about the Fun Center but said .the kind ofomplaints he heard that evening have never been expressed to the 'uncil at the time the licenses and permits for the Fun Center have\come -up for renewal in the past. Instead, the City has had to rely n the reports they have gotten from the City Police Departmept a out the operation. He recommended the Minneapolis objectors and A derman Dziedzic should ask the applicant to curtail his hours o operations since Mr. Springfield had indicated to. him "he wants o get along with, and to become a part of , the community" . Mikki Gottwalt, 2517 St. Anthony .Boulevard, was concerned that the Council might change its mind about the beer license if it should be resubmitted and .wanted assurances fmm-ithe Council that "no beer license will ever be issued for the billiard hall" . Councilman Ranallo assured her that, "you"ll know it, if he ever comes back" . The Mayor told .11rs . Gottwalt that some of the Council members had been concerned that the City might become involved in a costly litigation if the beer, license for this location were denied when a precedent had already been established for permitting beer to be • served where minors are customers in the same shopping center. He said the Council has no way of verifying the ratio of minors to adults which can be expected for Chick's in this new location but would have a better feel for that. in six months . C. A. Wildes , 2701 St. Anthony Boulevard, said 'he would be interested to see the outcome of 'a vote on the beer bar and pool hall since he knows from the experience of his youth what kind .of activities can be expected in this type of establishment. The Mayor reiterated his negotiations with Mr. Springfield indicate .he wants to fit into the community- and doesn' t want to cause - trouble and had told the Playor he doesn 't need a beer license to operate. . Mr. Kuharski indicated she would like to know how .each Councilman would vote if the vote were taken. Mr. So.th .reminded those present that billiards have been included in the existing Zoning Ordinance .as a permitted use and that it would not have been necessary for the applicant to have come in for permission to operate such an establishment. Councilman Marks reiterated the potential problems with a deteriorat- ing shopping center had prompted the Council to move as fast as they could to get family housing in. He also pointed out that 3 .2 beer is now being served in a restaurant and bowling alley which are both family oriented. .However, as he had indicated at the • last meeting, he is convinced any business with a 50 percent minor clientele should not be permitted to serve 3. 2 beer. Mr. Wildes -5- then inquired whether any type of- business , including saunas , could rent out the vacant space in. the shopping center and Mr. Soth said • "probably not since the -.City Ordinance only provides for "health spas" , which he told Jan Moen, 2909. 32nd Avenue N.E. , could not be classified as "rap parlors". Peggy -Ondrey, 2904 - 32nd Avenue N.E. , wanted .to know why the ordinance couldn' t be tightened up and the Attorney told her the amendment procedure would take at. least a month with consideration by both the Council and Planning 'Commission and hearings before the public,. and he .doubts that would .be. of any benefit in this case since any attempt by. the City to .change the Ordinance for the purpose of blocking this operation:.would be grandfathered in with the change in any event. When Mr. Soth reminded those . present. that permits for the amuse- ment devices had already been approved for Chick' s , Virgil Gottwalt indicated he doesn' t believe any family oriented community would like this type of operation. and _said older people are afraid to walk past the young people who congregate near the Fun Center now. Councilman Ranallo told. him it would have been considered dis- criminatory for the Council to deny the licenses for cigarettes and the amusement devices for Chick 's since both have been approved for both. bowling alleys in the City as well as-. for the mall area of Apache Plaza. Mr.. Gottwalt said he was objecting to having to live where he can -see a pool hall operation 24 hours a day , to which Councilman Ranallo replied that the Council had not been aware that Chick ' s might be open all night when they approved those licenses . The Mayor added that he believes there is nothing a municipality can do to prevent a business fromstaying open all night but at least beer can' t be served after 1 :0.0 A.M. He would be willing to do what he can to convince the applicant he should not stay open that long and noted that St. Anthony residents as a practice do not stay up for 24 hours at a time, but acknowledged the City could do nothing to keep people from outside the City from coming in . Mrs . Glodek speculated that "the spillover could beincredible" and asked who she should call to report problems , the St. Anthony or Minneapolis police-. The Mayortold her she would probably have to report the problem to St. Anthony if the problem originated there. Alderman Dziedzic told how the Minneapolis police force is being cut down, especially the East side , which Chief Bouza con- siders. to be a "low crime area" . He would therefore anticipate a diminished ability to .patrol his ward near St. Anthony and said Minneapolis ' ability to respond to calls for assistance at the Stonehouse might also be affected. In reference to the inherent problems with pool halls , the Alderman cited a recent incident in Minneapolis where 10 or 12 squad cars had to respond to an altercation at 4 :00 A.M. where combatants were using pool cues as weapons . He told the Council that he was not trying to tell them how to .run their City , but just -reflecting the concerns of his • constituency. -6- Mrs . Gottwalt wondered if a .freeze could be put on the number of amusement devices . Mr. .Soth responded by saying an ordinance • specifying only .so many amusement devices could be established but cautioned .the ordinance could not be made so -restrictive that one area of . the City. was discriminated against while other areas were permitted to keep their games . Councilman Ranallo indicated because Chick 's has -already been granted thesepermits , -. the new ordinance might not be . effective for solving this particular problem. Mr. Soth agreed to research the matter further. Airs . Kuharski then asked for a .straw vote of the Council to see how individual Council members would have voted on the beer license , if it hadn' t been withdrawn. She said she 'was concerned with the civil rights of citizens .to limit beer licenses and whether or not the. Council would support a freeze on gaming devices , since in her opinion.; there are. enough fun _centers, game .rooms and billiard halls in the City. The Mayor said he understood from- the City Attorney's advice , that the City could not prevent this operation from having a 3.2 beer license since the precedent had been set for permitting similar operations to serve beer where there are minor customers . He said he would be glad to work on an ordinance to restrict the number of amusement devices. Councilman Ranallo told the protesters he would have voted "no beer" and had voted to approve the cigarette and amusement device licenses for Chick's on the advice of the City Attorney. • Councilman Marks said .he is against 3..2 beer being served where minors are customers and he is not very positive about video games for the same reason and would therefore be interested in the possibility of limiting them by ordinance . Councilman Enrooth indicated it had been his recommendation at the last meeting to table the beer license request because it had come up too quickly and he was unable to determine exactly what was being developed with the Chick's proposal and the testimony offered that evening. had only reaffirmed his - doubts . He agreed with Council- man Ranallo that there had been no legal justification for refusing to grant the cigarette and -amusement devices licenses , but, if the City is able to limitthe games , he believes "we have enough" . Councilman .Letourneau said he had voted to table the beer license request for further information and based on the information that is now available , would probably vote against the beer license. He would certainly- be interested in looking at 'ways of limiting game licenses and could support such .action if this can be done legally. One resident asked when the freeze could be put on , saying "the St. Anthony Shopping Center hasn't had this type of- element before , and he ' s going to be operating 24 hours a day" . • Mrs . i-�ichaelov .wanted to know who would be responsible to answer to the people who "are bound to become victims of either burglaries or assault" . -7- Mrs . Ondrey wanted to know whether a security guard would be required • and was told Mr. Springfield had indicated he uses off duty police- men in Coon Rapids to provide security. She then inquired as to what leverage the City might have to encourage Mr. Springfield to cut back on his hours of operation and the Mayor told her the petition might convince the -billiard hall proprietor that the community doesn '.t want. an all night business , since he had withdrawn his beer application when he learned there would be so much opposi- tion to it from- the neighborhood. - He promised to' continue negotiations with Mr. Springfield. Councilman Ranallo promised- to alert: the community before the Fun Center licenses come up for renewal March 15th. Alvin C. Tengvall, 2343 . Harding Street N.E. , . reported one of his workers who had been in Chick-' s in Coon Rapids at 1 :15 A.M. had witnessed a brawl with five men armed with pool cues fighting and observed there were no guards on duty at the time . Councilman Ranallo added that when he had been in the establishment at 8:00 P .M. , and no guards were visible to -him-.- Mayor Sundland said Mr. Spring- field had said uniformed protection would be provided, if necessary . Mrs . Makowske .indicated she believes "it is very admirable for the Council to communicate with.. tlie community" as they had in this instance. However, she said. she was surprised to see no-reference to the Council' s July 13th discussion in the City 's newspaper . She believes any deviation from the normal to this extent would have been of interest to the residents and should have been publicized. She suggested the omission to be remembered when .the City' s official newspaper is selected at the end of the year: . Another resident commented that "all this feedback is not going to prevent this operation in the City" , and, "the City has no leverage to keep the establishment from operating 24 hours a day, and Mr. Springfield is not going to make money if he closes early" . It was this resident' s contention that the St. Anthony and Minneapolis police have all they can do to handle the existing problems in the area, citing a recent disturbance on Old Highway 8 as an example. Councilman Marks believed the cigarette and amusement devices approvals were based on letters of references from merchants in the same shopping center and, in view of the reported disturbance in Chick's place the night before , suggested those references should be rechecked. Councilman Ranallo doubted persons who might give a negative reaction would be sought for a, reference and said such disturbances. often don' t show up on police logs. He mentioned that it had been reported that a complaint about minors being served beer in the bowling alley had not been logged in the City. Mr. Soth said if evidence can be found that any of the letters were falsified that might constitute grounds for revocation of the licenses which. have been granted but noted the City police investigation showed up negative. The Attorney cautioned against capriciously • denying a license if a clear distinction cannot be made between that business and other businesses which are permitted the same license. -8- He believes that, -if Chick 's had demanded a beer license there might have been a litigation if the distinction had not. been clearly demon- strated- between this business and other types of businesses where beer is permitted. It is also opinion that the City would have to renew Chick 's games licenses unless some ordinance is violated in their operation such as , their use for . gambling purposes . He told Tom Schluender, 2708 27th Avenue N.E , the City would have to prove the relationship between the license and any disturbance which occurs , but a good solid record of police problems in the establishment might provide grounds for revocation. When Mr. Schluender suggested the City might set the limits for licenses to less, than now exist, hoping to eliminate- those in the. billiard hall, Mr. Soth indicated he foresees that might be a problem. Ron Gates ,. 2816 Coolidge Street N.E. wanted the City to. determine whether or . not the five references were legitimate because he doesn' t believe "the City needs another place to add to the existing traffic problems in thatpart of the City. " Mr. Gates -is con- cerned that "when the bars .close all the drunks will head for this place which is open all night. Jean Hayden who operates J.D. 's Total Look near the Fun Center at 2904 Pentagon Drive- said- she hastrouble exiting from her establishment because of all the cars and kids congregating near the Fun Center.. She didn't -know how the police could watch the billiard hall at one end of the center when they can' t do anything now about the kids making a drag strip out of the parking lot at the other end at 11 :00 P .M. everynight. She suggested the Council members might find it interesting to observe the number of kids who are waiting to get into the center at 8 : 45 'A.M. The Mayor said every time the licenses for the Fun Center come up , the Police Department say they have no problems with the operation. Mr. Gates pointed out the traffic hazards he anticipates from young people speeding through the parking lot near the Red Owl where old and very young customers must walk to get to the grocery store. Mr. Childs requested that anybody who fails to get an adequate response to a call to the police department should call him personally, at home , and the Mayor added. "if Mr. Childs tells you to call, he means it. " He said the problem with the Police Department is that they can't be everywhere at once. He said he also believes persons- living in Minn- eapolis should have a perfect right to inform the .City if they have problems with Shopping Center activities . Mary Jane Parish, 2812 Silver Lake Road,. asked who owned the space where Chick' s will be opened and was told the owner is, Max Saliterman and it is the City ' s inability to get him to reverse the deteriorating conditions of the properties. he owns in- that section of St. Anthony Shopping Center which has prompted the Council to initiate a redevelop- ment and revitalization program which would provide housing for the area. The Mayor. explained the process involving the establishment of a Housing and Redevelopment Authority and a Tax Increment District but said the fact that the area might be revitalized would not be .justification for denying the licenses to Chick 's . Councilman Enrooth added that the City anticipates the revitalization program would take about two years • at best and any attempt to accelerate the process might involve the City in serious . litigation. The Mayor then told Mrs . Gerber that, although the City will have to aid the existing tenants to relocate they do not have to be relocated in the same area.. -9- When Mrs .. Parish requested the residents be notified of any further dev— elopmentsrelated to the Chick 's operation well in advance of such action, • the Mayor told her he believes it was a miscalculation on his part not to ..have contacted Alderman Dziedzic and the press about the matter. Councilman Ranallo reported he had contacted the New Brighton, newspaper regarding their lack of coverage of th.e controversy. which had arisen about .the beer license during the last meeting. It was also noted that the newspaper had only listed a "billiard parlor" consideration when it published, the, agenda- for this meeting- - and. had omitted any reference to the beer. license. Alderman Dziedzic indicated he disagreed that the City could .do nothing .to prevent Chick"s from locating in the City sugg- esting a Finding of Facts be developedwhich would include the fact that ,at least 70. residents- don 't want the establishment near their homes: He also believes the fact that the City didn't know Chick 's in Coon Rapids was an all night operation and would probably stay open 24 hours a day in. St. Anthony- should be grounds . for revoking the licenses which have been granted and for not proceeding with the beer license. It is his opinion that the City could win .any litigation which followed such action because recent court rulings have seemed to reaffirm that municipalities have the right to. determine the kind of businesses they believe should operate within their boundaries . Mrs . Mary Dubay ,-3012 32nd Avenue N.E. , believed there is too much emphasis being placed on .teenagers who create disturbances , saying she had met a "delightful" girl who is President of the Student Council and who signed the petition- because she doesn't like what goes on down at the • Fun Center. Mrs . Dubay also mentioned the recent accomplishments of the St. Anthony .High School marching band. Councilman Ranallo told her he sees band members in the Fun Center all the time. Alderman Dziedzic again .urged, the' City to investigate the possibility of calling in the licenses . which had been granted- to Chick's but Mr. Childs cautioned against interfering with the owner's Constitutional rights . Mr. Soth said it. should be -easy to find out whether or not the letters of recommendation for Chick 's had been forged. However, he did not agree with- the Alderman that .the fact that residents don ' t want a bus- iness is sufficient basis for:-not -granting a...license where a clear cut distinction cannot .be made between this business and other places such as the bowling alley in the same area. However,' he was willing to research whether. the fact that these 'other places do not stay open all night . might provide a basis for such. .a .distinction. The Minneapolis official replied that the City of Minneapolis ' success in curtailing the My Place bperation , .in his. opinion, reaffirmed the City ' s rights and in -this- case, he reported there- were only 10. neighbors who appeared to object to the establishment. Mr. Soth asked .whether there was a real similarity in cases since the licenses have already been issued to Chick 's.- Councilman Ranallo asked Alderman Dziedzic, why, if Minneapolis has been so successful in getting rid of objectionable establishments there is a place on. Lowry .which sells X,-rated movies and there is a sauna operating on Central. Mrs . Kuharski believes the residents would support the use of tax monies to fight this case • and. prevent "our children and us from being exposed .to activities which can be expected from the pool hall . " Mr. Sotfi reminded. her again that the licenses. have no real connection with the pool hall which is permitted under City Zoning Ordinance and said, "even is the licenses were eliminated the billiard operation would still be there. " -10.- When Mrs . Gerber wondered whether picketing the location would be • effective. Al Haik,_ 291.6 Hilldale , told the Council, "If you deny him the licenses he ' ll probably go away. The citizens are just asking you not to help him. " There was also ,a suggestion made :that the Coon Rapids police might not have given a valid assessment of the operation in their city. Mrs . P'iichaelov .suggested checking other businesses in the same shopping center with - Chick' s. to get their reaction to the fight which had been reported by Mr. Tengvall. Councilman Marks reminded the residents that. the City had lost a good deal of moneywhen it had attempted to get an existing operation in the City to become more acceptable to the neighbors and believes it would be foolish to .risk a court case unless the City could be certain of winning. Motion by Councilman Marks and seconded by Councilman Ranallo to direct the City Attorney to put,,-together a case which might be used to encourage .the proprietor'of Chick 's Billiards not to continue his operation in the City of St. Anthony. Motion carried unanimously. The residents were encouraged to report any complaints about the operation. Mrs . Kuharski requested the City to tighten up the-.ordinances to prevent other objectionable businesses from going in the same area. Councilman • Ranallo saying he. is concerned someone might try to open a sauna somewhere in the City but the-.Council had been advised not to pursue the adoption of 'a special City. Ordinance but rather to deal with each request on an individual basis . The Attorney cautioned against any action which might result in a .Declaratory Judgment being filed against the City. Motion by Councilman Ranallo and seconded by Councilman Marks to direct the City Attorney to research the freezing of amusement device licenses for the City at the number which now exist and to have his report referred to the Planning Commission for their consideration and rec- ommendations . motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to direct staff to report back on the procedures which are followed for licensing entertainment/amusement establishments . Motion carried unanimously.. Gary Schneider, 2352 Harding Street N.E . , advised the Council that the crew renovating Chick' s are working 12 hours a-,*,.day to get finished and the Mayor told him .Mr. Springfield had told him he is putting $35 ,000 into the remodeling of the building and anticipates opening around the third week in August. Mr. Schneider told the Council he • would think any type of liquor for that location would be unacceptable. A letter from Mr. and Mrs . Kermit Sutton, . 2332 Harding Street N.E . , requesting that, "no business license- of any' kind be issued for Chick' s Billiard Bar" was accepted as part of the testimony . Input was also provided by Bill Zawislak, 2500 34th Ave. N.E. and John Dubay , 3023-32nd Ave. N.E. -11- Councilman Enrooth told those present the matter will be again under discussion. by the Council during their August 10th meeting and invited • them all to attend. He thanked anyone who had called him, saying these were some of the- first calls he has. had from .residents since he became a Councilman and he urged them all to feel free to contact him on other issues as well in the future . Before recessing the .meeting at 9 : 40 . P .M. , the Mayor told those present he certainly appreciates- the large number of residents who took the time to come to express their concerns . He told them the job of a City official can become boring and difficult if there is no citizen input and it is:;-very satisfying to find. out just what the citizenry wants for their community. He asked their input related to some of the financial decisions which must be made as well. The meeting was reconvened at 9--:50 P .M. Motion by Mayor Sundland and seconded' by Councilman Enrooth to grant a multiple housing permit to. Sentinel Management for. Equinox Apartments ., Motion carried unanimously. Brad Bjorklund was present to request .a permit to use Central Park for an icecream soci.al. in honor of District 63 DFL legislative candidates , George Marks and Neil Dieterich, the afternoon of August 21, 1982 . Icecream cones will be sold for 10� each and they will get a permit from Hennepin County to do so.. The Mayor reminded the other Council • members that the park .would also have to be made available to other candidates, as well , should they request it, if this event is approved. Mr. Bjorklund. assured the Council. that the signage for the event would comply with the City Sign Ordinance. Motion by Councilman Enrooth and seconded by Councilman Ranallo to grant a permit to Brad Bjorklund for the candidates meeting. held in the Central Park.. th.e afternoon. of August 21, 1982 . Voting on the motion: Aye : Enrooth, Ranallo, Letourneau and Sundland. Abstention : Marks . Motion Carried. Motion by Councilman Ranallo and seconded. by Councilman Marks to approve payment of $2 , 527 for membership dues in the League of Minnesota Cities . Motion carried unanimously. Kathleen McKenna, representing the Sentinel Management ' Company - 7401 Metro Boulevard, Edina, who are .now managing the. Equinox Apartments , 2808 Silver Lane , was present to discuss with the Council the- possibility of developing the berm on the Silver Lane side of the property for • housing, which the company is suggesting because there have been so many complaints related to the berm's maintenance and there have been at least two injuries reported in. that area. She showed an arch. .-._._. - itect's conception of three different options for developing the -berm which included 8 homes- with 70 foot wide lots.; eighteen family townhomes , -12- or twelve duplexes , which she plans to take to the homeowners on the • other side of Silver Lane as well as the Planning Commission. Mayor Sundland reiterated the suggestion he had made in a previous letter to the Equinox managers that the proposal should be worked out with the Silver Lane residents in accordance with the covenant put on the deed for the apartment complex and he .told the management representative he is almost certain it would be the single family homes which would be most likely to win the neighbor' s approval. Ms . McKenna responded that, "it is not her firm's intention to "force anyone to accept any proposal , " but rather, to find some other use for the berm then the existing one which has been a .source of irritation to the neighborhood for years . Mr. Enrooth suggested Sentinel might be able to sell the proposal to the residents if they include in their plans an access onto Silver Lane which would be designed to reduce some of the existing traffic hazards on that street. Brad. Bjorklund identified himself as the .-Treasurer for the League of. Women Voters and .sdid his organization has- used the party room at the apartment complex for years under the provision for a community meeting room written into the covenant. He was concerned this provision might be written out of any- new. agreement and .said he believes , "the public has a vested interest in being notified of -any possible changes in the covenant. " Councilman Marks pursued the matter .of garage security for the apartments which had been addressed in the July 13th letter from Bob Olson, Equinox manager , to Larry Hamer which .had been included in the agenda packet. Ms . McKenna said she agreed with Mr. Olson that .the garage fire wall separations would not be feasible because the resulting turning radius for individual parking spaces would .be too small for easy access . Mr. Childs had distributed copies of the letter he had written to Sentinel July 26th, in which he had attempted to clarify .some of the confusion related to the St. Anthony police policy regarding security for the garages. and had suggested ways in which burglaries and vandalsim might be prevented. The Sentinel representative told the Council Equinox' .record has not been too bad as compared with other apartments her firm manages . She believes the security patrols which would now be provided, should aid in alleviating some of the problems . The Council had been provided copies of the Mayor's letters to Mayor June Demos and the City staff of Roseville as well as to the St. Anthony Fire, Police, Public Works departments and the Fire Reserves , thanking them individually for the part they had played in the successful toxic chemical removal operation which had taken place on St. Anthony 's border with Roseville. He had .also provided them with a copy of his July 27th memorandum related to the cost distributions for the rebuilding of the St. . Anthony Boulevard bridge as reflected inthe proposed resolution, which was included. Attached to these documents was a copy of the July 23rd letter - from Richard P. Braun, Commissioner of the • Minnesota Department of Transportation giving the state' s explanation of changes in calculations for those costs . The Manager reported rec- eiving apologies from DOT officials and recommended passage of the proposed resolution accepting those changes . -13- Motion by Councilman Marks and seconded by Councilman Enrooth to adopt the resolution which accepts the State 's share of the costs of rebuilding • the St. Anthony Boulevard bridge as $213 ,265. 61 .which will result in an increase in the amount of MSA funds the City will have to expend for the project. RESOLUTION 82-037 A RESOLUTION REGARDING PAYMENT OF COSTS FOR ST. ANTHONY BOULEVARD BRIDGE. Motion carried. unanimously . Councilman Marks. reported. that, in. a recent conversation with a resident who.. lives near Silver Point Park, he ' learned that resident -takes her children toa Minneapolis park. to- play because the Minneapolis system provides .sand parks. for younger children, where Silver Point has asphalt paths and play areas . Irving Peterson was present to report the actions taken and recommend- ations madeby the Planning Commission during their July 20.th meeting, as reflected in the minutes of that meeting. Following a report from Mr. Berg and an indication from the ..City Attorney that he would anticipate there would be no legal problems with the 12 foot land transfer requested by. Kenneth Lee, . the. Council took the following action: Motion by Councilman Ranallo and seconded by Councilman Marks to adopt • Resolution 82-0-36, which. approves the subdivision without platting of a 12 foot strip. of land described as- the. east 12 feet of *Lot 11*, Block 1, Penrod Addition, as .requested by Hedlund, Lee , et al, from the property currently known as. 3909 Silver. Lake' Road to that at 3904 Penrod Lane , as long as the transfer in no way affects the Hedlund PUD requirements , specifically those related to fencing, landscaping and parking. The Council finds, as did the Planning .Commission that: (-11, There was no public opposition demonstrated against the transfer during the public hearing. [2) Thei_transfer is not anticipated to have an adverse impact on the abutting properties andwould not be considered to .in any way diminish the conditions set by the PUD. (3) The existing- large oak tree on the site would probably be saved with. the transfer. Motion carried unanimously. Mr. Lee reiterated the reasons he sees for permitting him to construct the five foot, nine gauge fence which will divide these properties rather than to have the redwood fence which Mr. Morris had agreed to construct-' on his side of the property , which according to Mr. Lee "would never be - as durable ,as the chain link fence . " He told the Council the fence he is proposing had been ordered quite a while ago along with the fencing for the other two sides of his property and he had to have all the materials returned because of the confusion of whether or not he would be permitted to constuct the fence on his property. He also said, if the City insists on a six foot height, commer- cial rather than residential type of materials would be required, which -14- would be much more expensive , and pointed out that residential fences are normally no higher than -five feet. Mr. Soth confirmed there would • be no problem with the PUD since Mr. Lee 's prpoerty would still be part of the PUD, and in conformance with the new Fence Ordinance , the fence would have to be constructed on Mr. Lee 's property, if he owns it. He read the original Concept Plan wording "A pedestrian barrier is to be provided of chain link fencing between the commercial and residential areas . . . " which, in his opinion, precludes the necessity for any further public hearings and the Attorney said his research of associated materials had failed to .indicate exactly where the PUD required landscaping. Mr. Lee said he intends to terrace the rear of his property. Councilman Enrooth wondered if -the proceeds of the $3,200 Letter of Credit, which are being- held by. the City , could not be used to compensate Mr. Lee for the additional cost of installing a six foot fence . Mr. Soth reiterated that the PUD did not specifically require the fence to be six feet tall , but Councilman Ranallo indicated he couldn' t see how the .City could require less than a six foot fence be built by Mr. Lee when Mr. Hedlund was going to be required to provide a fence of that height. The Mayor conif rmed that, "the City would bear the additional costs of constructing a six foot fence , with no slats ,. where Mr. Lee has pro- posed building a five foot fence , " recalling the Council had agreed slatting should not be required because fencing of this type has not held up over the years-. Staff was directed to inform Mr. Morris , the proprietor of the hair styling shop at 3909 Silver Lake Road that, unless the fencing required for the side yards�i of his property is installed within 30 days , the proceeds of .the Letter of Credit will be used to do the job. Motion by Mayor Sundland and seconded by Councilman Marks to direct staff to cause a six foot = chain link fence with no slats to be installed, as per Council direction, on the property at 3904 Penrod Lane within 30 days . Motion carried unanimously . Councilman Marks indicated he did not believe the conditions , related to the hardship which the Ordinance would cause for Walter Parkins if he were not granted a five foot variance to build the garage addition he proposes , had been adequately addressed by the Planning Commission in their motion recommending approval. Mayor Sundland observed that the City is always complaining about vehicles parked outside but Council- man Ranallo questioned whether the garage would actually have to be more than 43 feet in length to provide for four vehicles . The Parkins ' were not present for the discussion. Motion by Councilman Enrooth and.- seconded by- Councilman - Ranallo to table the action on the Parkins request until such time as the Planning Commission can be more specific as to the hardship they believe would be demonstrated if the Parkins ' request for a five foot variance were not granted: • Motion carried unanimously . • -15- A majority of the Council perceived the conditions set for granting • variances had been adequately addressed in the recommendation for approval of the Thompson variance request. However, Councilman Enrooth was troubled by the fact that one of the Thompson' s neighbor' s , a Mr. Ella, that had indicated to him he had not "realized just what. his neighbors were putting in. " Orville Thompson was present and took exception to this remark saying "he stood right there with me when Mrs . Makowske was taking the measurements and commented, in her hearing, that he couldn' t understand why I would need' any variance for what I was going to do. " Playor Sundland reported looking .at the property a couple of times and said he could see no reason why the addition should have an adverse effect on any of the abutting properties because of the way . Belden is laid out, . and he certainly agrees that, with the wholesale florist operation behind him, "there is no'-. way Mr. Thompson can build on the back. " Motion by Councilman Marks and seconded by Councilman.' Ranallo to follow the Planning Commission recommendation to grant a seven.- foot variance to the .City Zoning Ordinance requirement that- front yards have setbacks of 30 feet to permit the construction of a garage addition as proposed by Orville Thompson which would be 23 feet from the front property line of Lot 13 , Block 1, Belden. Terrace Second Addition, finding, as did the Commission, that: (1) On a curvature of the nature of Belden, the effect of a protruding addition is less detrimental -to the adjacent property than on a straight street. • (2) The addition would not appear to have an adverse impact on their properties or interfere with the sight line for Mr. Thompson's neighbors . (3) No neighbor opposition to the variance was demonstrated -during any of the hearings on . the proposal. The Council also finds that: (4) Because of the siting of the existing Thompson home , there is no,- way the'.addition -could be built on the back. Voting on the motion : Aye : Marks ,- Ranallo, Sundland and Letourneau. Nay : Enrooth.. Motion carried. The Commission .report -on the Nelson earth home as well as their meeting with the Cable T.V. representative were noted with interest. Mr. Childs later told -the Council the proposed 90 page Cable T.V. ordinance would be available for them to read in the office. He then reported the light- • ing which has been such a problem for the Morris shop at 3909 Silver Lake Road had been permanently removed because there is no .: need for night lighting when the shop closes at 8 :00 P .M. -16- Mr. Soth indicated the documentation he believes should be provided before the final platting of the Midland Office Addition. Motion. by Councilman Marks and seconded by Councilman Enrooth to approve the preliminary platting of . Lots 3 and 4 ,. Block 2 , St. Anthony Office Park Addition (also identified as 2817 Anthony Lane South) as the Midland Park ..Addition which .would combine the two .lots and officially . transfer a 60 foot x 212. 46 foot tract of land to the westerly abutting property. Motion carried unanimously. The Financial Monthly and Seventh Month Investment . Reports from the Finance Director were acknowledged with. appreciation. Information on the emergency education network .video tele-conference to be carried through KTCA was accepted as informational, as were the notes on the July 21st staff meeting and information related to the landfill abatement proposal from Ramsey County. Mr. Childs had included in the- agenda'-packet a memo responding to the Management Letter submitted by Adrian S. Helgeson Company in conjunction with the City ' s 1981 audit. - - - He announced that the Kenzie Terrace senior housing proposal had passed by a 5 to 0 vote of the Metropolitan Council which he perceives should be a positive factor in its final acceptance by HUD. • The manager then reported that,. because there are major differences between the City and the 49 'ers , the contract negotiations have gone to mediation. Carol Johnson had reported her research_ on. the economic. fe.asibility of the City selling motor vehicle registrations,, which. she 'said indicated the municipalities who do -provide this- service.- have told her is a "pain in the neck but a money maker.. " . Because he sees the service as one which. the residents .might like provided, Councilman Ranallo rec- ommended the possibility bepursued further. The Council. agreed that staff, should proceed toinvestigate further. When a decision had .to be. made .as to whenthe public hearing on the Kenzie Terrace Redevelopment Plan should be scheduled, Dick. Krier who was present for the HRA meeting to follow, sugge"sued that, because it is apparent the August 10th. agenda would' be crowded, it might be preferable to defer the hearing to the..Council' s next: meeting. Mr. Krier invited the Council members to attend the meeting of St. Anthony Chapter of the. Suburban Chamber of.- Commerce August 19th, where the Chamber would discuss the redevelopment plan. Motion by Councilman Enrooth and seconded by Councilman Ranallo to schedule the public . hearing on the Kenzie Terrace Redevelopment to be held at 8:00 P.M. during the Council 's August 24th meeting. • Motion carried unanimously. • -17- Ben Lonsky , representing the City Fire Reserves was present to request that the Council at least indicate they agreed in principle- with • the proposed relief pension agreement which had been drawn up even though the City Attorney had indicated he wanted to review it before final approval. Motion by Councilman Marks andseconded by Councilman Enrooth to adopt Resolution 82-038 which authorizes the Manager and Mayor to enter into and execute an agreement with the St. Anthony Volunteer Firefighters based on the draft agreement as discussed by the City Council and as approved by the City Attorney. RESOLUTION 82-038 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO_ ENTER INTO AN AGREEMENT WITH THE ST. ANTHONY VOL- UNTEER FIREFIGHTERS RELIEF ASSOCIATION. Motion carried unanimously . Motion by Councilman Letourneau and seconded by Councilman Enrooth to adjourn the meeting at 11: 10 P.M. Motion carried unanimously. RESPECTFULLY SUBMITTED, • Helen Crowe , Secretary Ma or ATTEST: - Of,A,44 Jq, City Clerk •