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HomeMy WebLinkAboutCC MINUTES 08101982 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102046 BOX: 21 Folder: CC MINUTES AND AGENDAS 1982 Document: CC MINUTES 08101982 �r'v CITY OF ST. ANTHONY COUNCIL MINUTES • August 10 , 1982 Mayor Pro Tem Ranallo opened the meeting .with the Pledge of Allegiance at 7 : 30 P.M. Present for .roll call: . Marks , Ranallo, Letourneau, and Enrooth. Absent: Sundland. Also present: David Childs , City Manager; William Soth, City Attorney; Carol Johnson, Finance Director; Larry Hamer, Director of Public Works ; and Don .Hickerson, Chief of Police. The Council minutes for the meeting held July 27th were amended to correct the spelling of "Marks" in the fifth paragraph and to change the number of persons who were in attendance from "100" to "60" on the first page. Motion by Councilman Letourneau and seconded by Councilman Marks to approve as amended the minutes for the Council meeting held July 27 , 1982 . Motion carried unanimously. • Motion by Councilman Marks and seconded by Councilman Letourneau to grant heating licenses to Maple Grove Heating and Air Conditioning , Inc. , and Riccar Heating and Air Conditioning , as well as a service station license to St. Anthony Mobil. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Enrooth to table action .on-.the temporary beer license requested for the 49 'ers picnic until such time as the date of the picnic is provided by staff (-acted on later in the meeting) . Motion carried unanimously. Motion by Councilman Marks and seconded .by Councilman Letourneau to. approve payment of $1, 711.90 . to the Dorsey firm for legal services in June , 1982 . Motion carried unanimously . Mr. Hamer confirmed that the billing from the contractor on the St. Anthony Boulevard Bridge project had been verified by the Con- sulting Engineer. Motion by Councilman Marks and seconded by Councilman Letourneau to • approve payment of $98,777 .01 to the Matheny Construction Company. Motion carried unanimously. i -2- Motion by Councilman .Plarks and seconded by Councilman Enrooth to approve payment of all verified claims listed in the Ausust 10 , 1982 Council agenda for July 11th and August 10th, 1982 . Motion carried unanimously.. Chief Hickerson discussed his. department's June report and his recom- mendation that the three Police Reserve applicants be approved. He said Sergeant Puffer has .been able to .g.ive Crime Watch presentations to from 25 to 30 residents .and ten people have consented to become watch captains for the program. The Mayor Pro Tem reminded the Council that, since the reserve applicants .are all from outside the City , their appointments have to .be confirmed by the Council. Chief Hickerson verified that the ..required investigation of all three had been made by his department and noted that all candidates have -already had some law enforcement training. Judy Makowske questioned why persons who are so well trained would want to serve in the reserves and the -Chief told herthey are- probably looking for-- exposure and experience which will aid them in obtaining permanent employment. Motion .by Councilman Marks and seconded by Councilman Enrooth to approve the applications of Frank Roth, 720 E. Co. Rd. "B" , St. Paul; Carver Isabell, 2776 Asbury , Roseville; and Dominic Cotroneo,. 1847 Pierce N.E. , Minneapolis to serve .as . new members of the St. Anthony Police Reserve. • Motion carried unanimously. The July Fire Department Report was. accepted as informational. Mr. Childs explained that, because. the fees charged to City residents serving. time in the Work House had risen .to $45 a day , and the new DWI laws have resulted in an increase in the -number. of. prisoners , this expense has- exceeded the amount budgeted for 1982 . However, an increase in- court fines will .off-set these expenditures if a modifi- cation of the budget is approved. Motion. by Councilman .Marks and seconded .by Councilman Letourneau to adopt the resolution which authorizes the budget transfer requested by the Finance Director. RESOLUTION 82-039 A RESOLUTION MODIFYING THE 1982 BUDGET Motion carried unanimously. Carol Johnson assured Councilman Marks that the- number of voting machines proposed for the first precincts in both Hennepin and Ramsey - County should beadequate for the Primary Election, but it would probably be necessary to have more -for the General Election. • Motion. by Mayor Pro Tem Ranallo and seconded by Councilman Enrooth to approve the listing of election judges for the Primary Election, Sept- ember 14 , 1982 , in the Council's August 10 , 1982 agenda. Motion carried unanimously. -3- The Manager confirmed that the changes in construction plans for a new • road for Sunset Memorial Cemetery had been requested by. the cemetery association and would be paid by them. Motion by Councilman- Marks and -seconded .by Mayor. Pro Tem Ranallo to approve Change- Order #1 in the - amount of $5 ,512 . 60 for the- St. Anthony Boulevard Bridge Project. Motion carried unanimously . There were approximately 80 people present for thecontinuation of the discussion related to the .opening .of Chick ' s Billiards- in, the.- vacant store at 2529 Harding Street N.E. The Mayor Pro Tem announced the procedure which would be followed for the hearing . At the July 27th Council meeting,- Mr. Childs had been requested to check the authenticity of the - references Mr. Springfield had submitted with his application for cigarette and amusement devices licenses which had been granted July 14th. He told the Council all five adjoin- ing business establishment managers have indicated they have exper- ienced no major problems with Mr. Springfield's operation of Chick 's Billiards in the Springbrook Mall in Coon Rapids and- the manager of this property , Mike Swenson of Kraus Anderson, told the .Manager the only problem he has is with the litter the younger clientele leave in the parking lot where they gather after they leave Chick's . Jerry Nelson, Coon Rapids Police Chief , told Mr. Childs that none of the problems anticipated for a beer establishment, which would be open 24 hours a day, have materialized and there have been less problems • with Chick 's than with some other operations- in his city. Chief Nelson has had no complaints from parents and reports no drug problems associated with the. business . There have been two holdups reported, one when employees were robbed in Chick 's at 3 :00 A.M. and another when an employee was taking receipts to the bank, but the Police Chief perceives these to be characteristic of any all-night operation, and not just one which serves beer. Chief- Nelson believes Chick's is "a good, clean operation" . The Manager said he had, .as directed by the Council , tried to negotiate shorter hours of operation with Por. Springfield-citing the signed petition from the Minneapolis and St. Anthony residents and their concerns with the traffic and .late hour disturbances generated by an all-night operation so close to their homes . He. said Mr. Springfield had indicated to him that he would not be either willing , or able, to honor that request because most of his business is generated between 9 :00 P.M. and: 12 : 30 .A.M. and again between 1 :00 ,A.M. and 4 :00 A.M. ' but he intends to .enforce the same curfew hours for those under 18 as he does in Coon. -Rapids . Mr. Springfield contends :he would .anticipate the same family oriented clientele which should minimize the potential for problems . Mary Ann Kuharski ,, 2709 Pahl Avenue N.E. , told Mr. Springfield she lives just a couple of blocks away from his establishment and her children • frequent the shopping center. She reiterated the problems the neighbors experience with other nighttime activities in the shopping center and said she "can't imagine what it will be like now" . She objects to hav- ing this "enticement for little kids" so close and believes her taxes may raise because of the additional police it would require to handle the ongoing problems associated with a business like this one. -4- Judy Makowske said, as a Planning Commission member who served on the Kenzie Terrace Study Committee , she is very concerned that a business • of ,this type might jeopardize the revitalization program begun for this area. Mark Kozlak,. 2612 Murray Avenue N.E. , asked whether a..business like this one had been construed to be a "nuisance" by other municipalities . Mr. Soth -indicated- he does not believe the business could be considered as. such, although -P4inneapolis .Alderman Dziedzic. had stated during the last Council .meeting -that all .seven operations of this type in his city did generate police problems . When questioned, Chief. Hickerson indicated he would not anticipate any more problems with this type of operation- than the police have now with the Stonehouse or the two bowling alleys and-.foresees the same type of police surveillance may be required for the new business . How much surveillance is required will depend on how "Mr. Springfield- conducts his business" the Police Chief - concluded. Ron Yates , 2816 Coolidge Street N.E. , said he had trouble equating the brawl reported in. Chick' s in Coon Rapids with the "squeaky clean" picture Mr. Childs had drawn. The Manager said he has asked about that altercation and was told the police were not called to Chick's that night because it was only a case of a brother hitting another brother, which Mr-. Childs believes could have happened in any restaurant as well. Mr. Yates questioned how an operation "which makes most of its revenues from 9 :00..P.M. to 4 : 30 A.M. could be -characterized as a family oriented business" , wondering "what kind of a family plays pool at 4 :30 in the morning?" . Doug Jones , 2505 Silver Lane , Chairman of the Planning Commission, wondered if a restriction of hours of operation by the Council for a liquor business , which admits it caters to a clientele comprising from 50 to 75 percent minors , would be sustained .by the courts and was told the applicant is no longer seeking a beer license , . a fact Mr. Jones indicated he had not been aware of. Adolph Saja., 3213 - 32nd Avenue ,N.E. asked everybody present to "think about what type of youngster would be hanging around a business which stays open all night" , and said he would .like to see the closing time set for 11 :00 P.M. Adrienne Johnson, 3109 Stinson Boulevard, related the number of incidents of burglary and vandalism .she and her family have experienced in this area and asked, "whatchance are we .going to -have now, with bringing more of that type of people into the Village?" . The Mayor Pro Tem confirmed for Glen Puncochar, 3104 Townview that the property Mr. .Springfield is remodeling is part of the Kenzie Terrace Redevelopment Project and the resident- said he could see there would have to be "good, rational justifications" for acquiring only part of the property to keep this operation out" . Mr. Puncochar then speculated that, "itis only because the Saliterman shopping- center is in such • poor economic shape, that a billiards hall would even be considered for - that space" . However, he said ,he could see where -the owner would welcome the opportunity to sign a long term lease for a business which -5- is legal under the City ordinance, and-, if he were the owner, Mr. Pun-. • cochar said, he was certain "I 'd sue the Council if they denied me the right to lease my property and collect as much rental as I could get for it" . He agreed the City would have to have very defensible reasons for not granting the licenses . . Gen Lane, a Minneapolis resident, asked' Mr. Springfield to estimate .how much .money a fourteen year old couldspend in his establishment in an evening. The billiards hall proprietor indicated. .he preferred to respond to this question and -others put to him by those present at the conclusion of their testimony . Jack Weinstock, 3209 .- 31st Avenue N.E. , asked whether there was any reason why the issue couldn' t be. tabled and. put to a vote of the City. Mr. Soth told him- there are no provisions for. a referendum of this type , since it has been established that only the City Council has the right to make this type of decision. When some of those present indicated disbelief in this statement, the Attorney told them, "this isn' t unique to St. Anthony, but applies to all statuatory municipalities in the State" . Steve Kuzma, 1818 Arthur Street N.E. , told Mr. Springfield that he would be wrong to assume that because Mr. Kuzma is fairly young and single , he might be, a .good candidate for a customer of his pool hall, because he is opposed to this kind of business being mostly concerned with the welfare of the children and the elderly in the area. He foresees "an operation of this type will provide lots of opportunity for trouble" . • Carol Elson, 2331 Wilson Street N.E. , speculated the Coon Rapids operation "was not right in the..middle of a quiet neighborhood as it would be in St. Anthony" . She was told it was in a shopping mall. Mary Melchild, 2243 Taft Street N.E. , told the Council she lives right behind the shopping center where "the kids will pass my home on their way to and from the billiards hall" . She speculated, "when they run out of money, and with no jobs to be had , they ' ll break into our homes" . - Dorothy Dotola, 2616 Chest Armour Terrace, has been a resident of St. Anthony for 22 years and she- fears , "bringing in a low element from all over, could increase the number of burglaries in the City" , and, "next year, there may be more than just the two rapes reported in the City last year" . She is convinced "an all night pool hall is not the type of business St. Anthony residents want" . Diane Studt, 77 Oakwood Drive, New Brighton, said she graduated from St. Anthony .High School and her parents have lived in the City for 18 years and she can' t believe "-a business like this could fit into a quiet community like St. Anthony or would be good for the young people in the City" . Virginia Kieffer, 2613 - 27th Avenue N.E.. believes , "this is the last • type of business the City needs" , and -that "video games are just as addictive for children as alcohol and drugs" . -6- Susan Michalov -told Mr. Springfield she lives at 2319 Harding Street N.E. , which is the street which opens . up .right behind his establish- ment, 'and since the last meeting her neighbor's home was broken into sometime after 4 : 30 A.M. She asked.him if .it is not true that his Coon Rapids operation is surrounded by a wooded area and is isolated from any residential development. Mr. Springfield told her "there are homes just a few blocks away" . Marie Schl.uender, 2708 - 27th Avenue N.E. , recounted her recent experi- ence of being almost killed by a young driver .when she was walking home from .church and is concerned that "if-.billiards and beer are permitted so close to her home , there will just be more trouble" . Pat Archambault, 2716 Pahl Avenue N.E. , said she has lived in her present home , just a block away from the shopping center, for two years , .but has -heard- all the- troubles her neighbors. had_for years with -the "young people who loitered around -the Three Circles restaurant at the end of her block, including vandalism of homes , vehicles and garages and the inability of any .of the residents in that area to park in front of their homes . She believes the City would just be asking for the same, type of troubles if a .business which will be open seven days a week and 24 hours a day is -permitted to operate in the same area. Mr. Sarja interjected that he believes "the Council still works for the public" and wanted them to "consider holding a .City vote on the question" . He also asked the City Attorney "when did we vote you in?" . Jim Cassidy, 3529 Coolidge Street N.E. , reported his friend from • St. Paul had told him his neighbors had to form a vigilante group to protect their neighborhood from some of the - types of businesses which would not be operating in St. .Anthony. Naomi Balke, 2616 - 31st Avenue N.E. , told the Council she has lived in St. Anthony for 28 years. and ."is proud of the City , the schools and the Police Department" . She was concernedwith the added burden this type of business can be expected to put on the police . She told Mr. Springfield she knows from experience how difficult it is to supervise children who get together to play pool , having had a pool table in her basement when her children were younger. She specifically mentioned cigarette smoking as one of the problems she was able to avoid but wondered if he would .have the same success . At that point-.Mr.* Springfield attempted to respond to some of the comments .made and questions raised - about his operation. He said his Coon Rapids operation is not "squeaky .clean" , but "very good" and believes the number of problems he has had "have been minimal consider- ing the number. of people we get" . He calls the police occasionally to see if .they have any problems with the way he runs his business , and is "trying to -change the image of billiards" which he believes he has pretty much. succeeded in doing, since many of his clients "bring their kids with them to play pool" . He reiterated what he had said during _the last meeting that the percentage of minors in his establishment goes from around 50 to 20 percent after school starts , .because no one • under .18 is allowed in Chick ' s during school hours or after 9 :00 P.M. Although he has senior citizens and handicapped persons for customers , he makes no claim that they constitute the majority of his clientele -7- who 7-who are , rather, "mostly from 19 to 25 years of age . Mr. Springfield insisted he could never make a .go of- it if he had to close at 9 :00 P.M. He also said, that since he anticipates he will draw the same type of customers to his St. Anthony establishment, .he resents the inference they would be "riff raff" . He operateson the principle that "people will hang out where they feel comfortable,, and .if you don' t want them, it's easy to make them uncomfortable" . Mr. Springfield said bowling alleys used to have the. same type. of reputation pool halls have now and he 's .doing :his best to change .this . He reiterated that Chief Nelson has never. indicated he has any problem with the Coon Rapids establish- ment and is certain. the police would let him know if people reported any complaints . Instead, ..many .people have made favorable comments about his business in the sixteen months he has been in Coon Rapids , accord- ing to the billiard/bar owner. Mrs . Lane' s question about how much a fourteen year old would spend was "a tough one" -for Mr. Springfield -because he said it would all depend on "how good the boy was . at playing the games" . However, he insisted most of his customers are young working .adults since most kids and people who are unemployed would not be able to afford the fees he has to charge for his games because of his high overhead. Other smaller operations , like the one in the St. Anthony shopping center, with more amusement devices , can probably charge less . The owner said a young man and his date could have -an enjoyable evening in the Coon Rapids Chick' s for around $6 . 00 . Mr. Springfield responded to one of the questions put to him by saying, "it is true , I don 't live near a • pool hall , but, I am very comfortable having my own children working in my business , even the late hours , although, of course , they are both college age" . This type of operation should generate less traffic than 'a grocery store,. and Mr. Springfield refutes the conclusion that, "it has to cause trouble" . He is convinced that the neighbors ' con- cerns "will go away once he is in operation" , and they will come to see his business as an asset, rather than a detriment, in the long run, because they will see for themselves he is not just a "quick buck operator" . Accompanying Mr. Springfield were his =attorney, Mark Gehan, West 1100 , First National Bank Building, St. Paul; Bob Rhodes ; William Miller; Dave Stahl; and Dick Schillinger. Mr. Miller said he operates the- Coon Rapids Karate Association .from the store next to Chick's and "would never have advertised cooperatively with Mr. Springfield if Chick' s had a bad reputation or was a hangout for ruffians" . He said he is usually at his school from .10 :00 A.M. to 10 :00 P .M. and has yet to 'see a brawl in Chick 's.. The. karate instructor then told about .the community oriented promotions- in which he and Mr. Springfield .have been involved. Mr. Stahl told .the Council he has been a bartender in Chick ' s since it opened. He works most of the late evening and weekend shifts and he has yet to have to "raise a fist" since he came to work there. He was anxious to clear up the misunderstanding about the "brawl" reported by a St. Anthony resident, which he assumes, was the family argument • between two brothers which occurred at 3 :20 A.M. one Saturday morning. He had observed that the two gentlemen sitting at the bar drinking coffee seemed to have had a death in the family and started discussing about some of the details . Mr. Stahl said five other gentlemen who knew one of the two walked in, and that brother punched the other; said, -8- "now that ' s settled" , and walked out- with. his friends . The remaining man apologized to the bartender and left as well. Mr.. Stahl insisted • he has never seen a brawl with. a pool..cue in Chick 's and said it is his Job to keep minors out of the place when they aren 't supposed to be there. Mr. Schillinger, who lives at 240 Rice Creek Boulevard, identified him- self as a. parent of a college-age son who enjoys playing pool at Chick 's . He has been in Chick's himself and, from his own observations , and from.What liis son!%has reported wabout�- the;; b,ar, can see no resemblance with the activities warned about by Harold Hill in the Music Man, but rather has gotten nothing but a good impression of the establishment. Mr. Gehan said he .would not respond to the St. Anthony residents ' objections in legalistic terms but would rather appeal to their "fundamental sense of fair play" . He believes phrases like "people like that. . . " and "businesses like that." are not fair to .his client and he strenuously objected to the reference to "forged references" . The attorney said "Mr. Springfield has already spent $50,000 on his St. Anthony establishment and, now, you want to pull the rug out from under him" . Mrs . Kieffer doesn 't believe it is possible to keep liquor away from kids in a billiards . hall since she knows they get liquor in the City liquor stores . She doesn' t believe St.. Anthony "needs another place like this one to draw the kids after the places on Central Avenue have closed" . Mr. Springfield explained his policy regarding carding customers and assured her, "if a customer doesn' t have a driver 's • license, he doesn' t get a beer, and, if a minor tries to buy a beer, he doesn' t get back in .my place, and .neither does any of-age friend who tries to buy one for him" . Mr. Kuharski responded to the references to the residents ' prejudices against pool by saying "the problem is not 'with the pool per se , but, rather, that the homeowners believe they should be able to decide what types of businesses go into their back yards" . She told Mr. Springfield the "Chick of the Month" pictures in his Coon "Rapids bar "don't .do much to create a family oriented image .for his operation" . - She indicated she believes the parents .have a right to be concerned for their children and to make decisions. as to what they will be exposed to. She also asked "what about people who want to sleep at night, do they have rights?" . The St. Anthony resident believes the residents ' fears are substantiated by recent incidents where a housewife was .shot and killed in her own home by youthful joyriders , and the .fact that, after a .man was shot in Riverside Park early in the morning, the Minneapolis police indicated they have a problem with people who congregate in the city parks after the bars close . She foresees there ,might be "many .of the same type of people who will be dropped into our neighborhood after the St. Anthony and Central Avenue bars are closed" . Mrs . Joe Donna, 2351 N.E. Harding Str.eet, expressed her concerns as • to who would protect her home and those of her neighbors , or will regulate the increase in traffic from the pool hall. Mr. Kozlak told Mr. Gehan he and his family have been in the restaurant and bar business - -9- for many -years and .he perceives the State Legislature had good reasons for making the bars close at 1:00 .A.M. He also pointed out that • St. Paul now restricts the hours of operation- for video games as well. Mr. Jones wondered .why Mr. Springfield would .sign a ten year lease on a property which is going- to be torn down within a year or two. He "can 't understand why the billiards parlor proprietor would put $50 ,000 into such an operation. unless he is looking for HRA benefits . He speculated that the only reason the billiard hall is going in that area is that the stropping center has become so run down, because "good shopping centers don't usually have this type of-business" . Mr. Spring- field' told him .he didn' t know about the redevelopment plans for the area because "Mr. Saliterman didn't tell me" . Jim Kirk, 2352 Coolidge Street N.E .., said he doubted "Mr. Springfield's motives are to change the image of pool halls , but rather, to make money" . He reported the Coon- Rapids billiards bards adjacent to a nature center and only -two blocks east of the Northtown Mall and he doubts there are any homes anywhere near the establishment, where the Minneapolis residents will be only a half a block away from the business in St. Anthony. tie asked how many people Mr. Springfield has working during the all night operation. Mr. Springfield conceded his Coon Rapids establishment is not in a residential area and that the- closest homes are on East River Road. He said the number .of employees he has on duty vary with the need, since in the summer he only needs one bartender from midnight to • 5 :00 A.M. ,.'but in the winter, he usually employees both a bartender and a bouncer; plus a waitress , for those hours . Councilman Ranallo agreed "the Coon Rapids Chick's is completely isolated from the residential development and there can be no similarity drawn between that operation and- the -operation in St. Anthony" . Darlene Gerber, 2243 N.E. Roosevelt,. said she had been the. one who had personally gone throughout her neighborhood, which is immediately adjacent .to the shopping center, seeking signatures on the petition against the pool hall. Although a few people had refused to sign , she had gotten 409 signatures , and was confident she could have gotten many more if she had known about what was happening sooner. She described hers as a quiet community where her neighbors are very con- cerned about the influx of people this operation would bring into the neighborhood. Mrs . Gerber noted Mr. Springfield had gotten mostly business references and that "there is a big difference between having a business of this type in a commercial area as compared to a resi- dential area like ours" . She also has no prejudices against pool , hoping to have a table in her own home some day, but, she is concerned with "the exploitation of young people by video games" , and guessed, "a youngster could spend -a bundle in an afternoon! " . Her own children "will not be allowed to go to the shopping center any more if they have to pass a pool hall" . Mrs . Gerber announced to her neighbors that Alderman Dziedzic, when he had called her to tell her he would be unable to attend the meeting that night, had assured her he was going • to see that at least the Minneapolis area would be well patrolled. Mr. Childs .told Mrs . Gerber the City. Attorney would be prepared to - discuss all the legal ramifications of Mr. Springfield's application Just as soon as the resident input was completed. This would include the possibility. of misrepresentation regarding the 24 hour operation . -10- Mr. Kuzma brought up another distinction he saw between the Coon, Rapids and St. Anthony operations which was the fact that St. Anthony is so • much closer to downtown Minneapolis and .could be expected to "draw a different element that would be willing to drive to Coon Rapids" . Mr. Kuharski told Mr. Springfield she would like to respect his rights to operate in a commercial district but would also like him to respect her rights to a "quiet, safe , neighborhood" . She was disappointed the Mayor was not present and was "shocked the Council had not checked on the references - and found out Chick 's would be open 24 hours a day before they had granted the video game licenses" . She would not characterize her neighbors concerns as "prejudices" , but, rather "amaze- ment that their interests had not been better protected Mrs . Michalov asked whether' a thorough check of the references had been made yet. 11r. .Childs stated that he had checked all seven businesses in the Springbrook' Mall, including the package furniture company for whom Mr. Springfield had failed to submit a letter of reference , and all reported having no problems with the operation of Chick 's . Councilman Ranallo .questioned whether Mr. Springfield had not intended to mislead the Council with his reference to "continuous operation" in his application for the licenses , since the applicant had never mentioned keeping -his 'St. Anthony operation open 24 hours a day when he ' was before the Council July 13th . Mr. Springfield agreed that the letter "had been carefully done" since he- "is not a good writer himself" , but. indicated he believed the. next sentence in the letter re- ferring to "discontinuing the sale of beer at the times set by law" • should have adequately indicated his- intentions . He could not recall the Council discussing the redevelopment program for that area with him that evening. Councilman Marks indicated he is not personally acquainted with pool halls or their hours of operation but felt the crux of the whole discussion. should be that the pool hall itself could have opened up without the Council knowing anything about it, if the owner had not wanted cigarette and amusement devices licenses . The Councilman would definitely have opposed granting a beer license for a business , half of whose customers. would be too young to drink. Mr. Springfield responded that he°only uses about a keg .of beer in his Coon Rapids establishment every week during the summer and said he "will not be running a game room" because he only plans to. have ten games, "where the Fun Center has 19" . Councilman Ranallo said he was "pleading with Mr. Springfield to con- sider the concerns the neighbors have about an all night operation and to shorten his hours" . Mr. Springfield told him he doesn ' t believe he .could profitably do so because "he really needs the late night business" , but disputed his establishment would be a hangout for drunks" and expects , rather, his customers would be people coming off the second shift who want a place to go before they go home from work. Mr. Springfield is "confident the people in St. Anthony , just as they did in Coon Rapids , will feel differently about my business once I 'm open and running" . • -11- Mrs . Kuharski appealed to Mr. Springfield' s sense of..fairness , asking • whether his home is situated near .a game room where his neighbors have to clean all kinds of 'litter off their yards every morning. Mr. Kirk wondered if the billiards hall proprietor might be willing to start out with short hours and then, if no -problems were experienced, there might be no objections to a 24 hour operation. Dick .Taylor, 2641 Fillmore Street, said he had worked at Paper Cal- menson for. 17 years where there were three shifts and most of the time he had worked at night. He doubted "Mr. Springfield is eyeing the good working class , but, rather knows full well he will draw the younger crowd who have nothing else to do'.' . Pirs . Michael Ondrey , 2904 - 32nd Avenue N.E. , wondered how ,Mr. Spring- field could be sure the kids who were in his place during the day weren 't supposed to be in school and he told her he doesn' t let anyone under 18 in his Coon Rapids establishment until after school closes at 2 : 30 P.M. unless there is a legal holiday , or a school holiday which he has verified with the school. Mrs . Ondrey informed him that the St. Anthony schools close at 3 : 30 P.M. The Mayor Pro Tem introduced Por. Soth who he said .had researched the City ordinances , as requested by Council, and -would give his recom- -mendations. as to what can be legally done about the problems . The Attorney indicated he perceives the legal issues had been lost in the shuffle during the discussions . - He told those present a vote of • the Council had made it clear there would be strong opposition to grant- ing a beer license for this establishment and the applicant has already withdrawn that application. Because pool halls are accepted uses under the City Zoning Ordinance, the Council has nothing to say about that aspect of this business , and even if they might want to change the existing ordinance to forbid any more pool halls (and there is some question whether such an amendment would. be valid) ., this particular establishment would have to be permitted to continue. When it comes to revoking the video games license , .it is Dir. Soth 's opinion that there would .have to be a good, valid reason for doing so which could face a challenge in the courts . He added, "if it were that easy to get ride of activities that anyone considers objectionable, you wouldn' t see a sauna or- rap parlor, or an rated movie theatre anywhere in the metropolitan area, or, for that matter, anywhere in the nation" . He concluded by saying "every city just wishes it were that easy to get rid of some of these types of activities" . The City Attorney indicated he believes the 'City staff had rechecked enough of the references to ascertain "all the applicant said in his application was true" , and the applicant and his partner have now been rechecked by the Police Department to confirm that neither had a criminal record and the St. Anthony Police had based its recommendation for granting the license on the report from the Coon Rapids Police Depart- ment that there had been no serious problems with Chick 's in that municipality . • In reference to whether or not the applicant had intentionally .deceived the Council with the wording in his application, Mr. Soth said "he has -12- denied .th.at" . ., However, the Attorney, added, whether or not the Council realized that "continuous operation" meant "24 hours a day" would not provide sufficient reason for revoking the video game .licenses , since • . the hours of operation don 't have a direct relationship to the video games themselves . If pool hall licenses had been previously granted in the City with the understanding that they would be only 10 hour operations , Mr. Soth said, that might be a different matter, but as the ordinancestands , pool halls can .operate 24 hours a day. Mr. Soth. told the residents there are many video games licenses in St. Anthony now, including those in the same shopping--center as Chick 's , and the only basis for revoking . Chick 's licenses would .have to be that the City finds something about them that makes them different from-.the existing licenses . If a violation of the City 's ordinances or a sub- stantial record of police problems could be proved, that might be a good reason for revocation of.. .the .licenses which have been granted, but, since the business is not even in operation, no such:' claims are probable at this time. • Mr. Soth said the Council might be able to. make an ordinance change .related. .to the video games which. would be permitted in the future but he doubted an amendment to limit pool halls would be valid. He told a resident the .existing City ordinances do not limit the hours for ' any business at the present. Mrs . Kuharski commended both Councilmen Ranallo and Marks for working with the residents on this matter and- then inquired what actions they intended to take .to limit the number of video games licenses to those already granted in .the City. The Mayor -Pro Tem told. her he intended to ask staff .and the Planning Commission to see what can be done to regulate the hours of operation for all entertainment/amusement, but . not commercial , businesses in. the City and to limit all video games and beer licenses to those already granted with the stipulation the existing licenses could not be transferred if an establishment went out of business . He is going to ask the -Planning Commission to -hold a special public hearing on these changes the first week in September so the Council can act on them at its first September meeting. Mr. Jones reported Mayor Sundland had called him and asked him to tell the residents that he would be unable- to be present for the meeting because he and his wife would be away on vacation they had planned for a long time but the Mayor believed he had done everything he could to be effective before he left. The .Mayor Pro .Tem said he had .been waiting to make the same. announcement until after the discussion was closed. The Planning Commission Chairman said the Commission tries to keep ahead of these issues before they become. problems but needs constant com- munication with the residents and Council to do so. He said he is "very upset that a .business could come into the community without talking to the City Manager first to find out what the City 's plans are for the area he is planning .to move to" , and Mr. Jones repeated his suspicions that Por. Springfield "has his eyes on the golden egg" . • When Mr. Cassidy asked what the Council could -do to see to it that there would never be beer served in this establishment, and wanted a. vote taken on the question, he was told by the Mayor Pro Tem that the vote had already been taken and all had said "NO" , however he was also convinced that the Council would have to abide by the legal advice from the City Attorney on the matter and "wouldn ' t want to put the City -13- into deep jeopardy by taking illegal action .on the issue" . Mr. Cassidy was informed that ' the Council had formed an HRA who are working, as fast as legally permitted, to acquire the buildings in that redevelop- ment area. Mr. Cassidy suggested the citizens might instigate their own suit. Jim Zellmer, 3414 Downers- Drive, recalled the City had..acted to keep pornographic materials .from being sold in the City . He also speculated why , if Mr. Springfield has just found out he had. signed a ten year lease on a building which is going to be. torn down, he "isn 't pounding on Mr. Saliterman'.s door right now" .. Mr. Zellmer said his years of experience .in correctional work enabled him to "see a con coming" , and he hopes "Mr. Springfield isn' t hoping to hold St. Anthony responsible for providing the golden egg" . Mayor. Pro Tem Ranallo told the resident- the landlord could sue the City for not letting him lease his .property and collect rentals from it but agreed probably can't be utilized for all ten years of .his lease , he would most certainly have gone after the landlord. Mr. Jones ques- tioned "what .kind of a business would sign a ten year lease in these times of economic uncertainties" . When Mrs . Kuharski asked hwy residents hadn' t known anything about the business coming into the - City until after the fact, Councilman Enrooth told her the Council itself knew nothing about the applications for the three licenses until they picked up their agenda packets the weekend before the July 13th meeting and the Mayor and Councilman Ranallo • started working on the matter right away when. the questions related to the beer license were raised. He assured her. "nobody tried to do anything shady" . Councilman Letourneau told her he did not see that this was a particularly unique proposal since it involved a nationally recognized business which was already in the City and" we were very concerned that our actions would not invite a law suit" . Mayor Pro Tem Ranallo told Mrs . Kuharski there is not usually this much interest in Council meetings , with only two or- three people showing up, at best. IIe understood this , however, because before he became a .Councilman, he only came to a meeting himself if an issue had a direct affect on him personally. He said he has requested the publisher of the St. Anthony Bulletin to try to carry at least a tentative agenda in his paper at least a week in advance of each Council meeting. Council- man Marks urged those present to read the Bulletin because he believes ".'the paper has made an -honest attempt to carry news about the City and the school district" , and, "it is the official paper for the City" . Motion by Mayor Pro Tem Ranallo and seconded by Councilman Marks to direct the City Manager and Attorney to prepare drafts of the following proposed amendments to the existing City Ordinance to be considered during a special public hearing to be conducted- by the Planning Com- mission , September 7 , 1982 . (1) An amendment to the City Zoning Ordinance which would make enter- tainment/amusement establishments a Conditional Use within a • Commercial District. (2) An ordinance which would limit the hours of operation of enter- tainment establishments within the City. -14- (3) An ordinance which would limit the number of video games licenses in the City at their existing level with. the stipulation that, when an amusement/entertainmen.t, establishment goes out of business those licenses could.. not be transferred. (4) An ordinance which would limit the number of beer licenses in the City at their existing level -and to. stipulate that, when the amusement/entertainment establishment goes out of business , those. licenses could not be transferred. Motion carried unanimously. Motion by Mayor Pro Tem Ranallo and seconded by Councilman P-larks to direct that a tentative agenda for each Council meeting be furnished the St. Anthony Bulletin in time for it to be published the week before each meeting. Motion carried unanimously . The meeting was recessed at 10 :00 P.M. When the meeting .was reconvened at 10 :10 P.M. , Mr. Childs said Carol Johnson had been able . to find out- when the 49 'ers would be holding their picnic and their beer license application was taken off the table. Motion by Mayor Pro Tem Ranallo and seconded by Councilman Letourneau to grant a temporary 3 . 2 beer license to Roger Carlson, 2829 Anthony • Lane .South, for the 49 'ers picnic and softball tourneament to be held in Central Park from 5 :30 P.M. until dark, August 26 , 1982 . Voting on the motion: Aye : Ranallo, Letourneau, and Enrooth. Nay : Marks . Motion carried. The Manager said the July 27th letter from the Metropolitan Waste Control Commission i-ndicated that the City ' s infiltration/inflow levels are within acceptable limits and the MWCC urges the City to continue good maintenance practices . He believes the Fire Department would be able to -respond quicker to cardiac emergencies with the portable cardiac arrest unit they are using a part of a research project at no cost to the City . The notes for the August 4th staff meeting were then accepted as informational. Mr. Childs noted that, although the liquor operation' s six month report shows that total sales were down , net profits are up , and that net profit as a percentage of total sales increased by about 23-2% with , of course , a decrease in insurance premiums , accounting for a portion of the increase. He discussed the City 's strict policy regarding minors who attempt to make a liquor sale and Mr. Jones related an incident in • the Apache store which indicated to him this policy is being followed closely. -15- Mr. Hamer explained that the tWQ ,resolutions, related to parking are required for federal/state participation in the rebuilding of County Road D. Councilman Marks indicated he did not recall such parking • restrictions being presented during the hearings on that project and wanted to .know why the parking had to be restricted all the way to 36th Avenue N.E. on Silver Lake Road. Mr. Hamer will check it out and report back to the Council at their next meeting. Motion by Councilman Enrooth and seconded by - Councilman LetourneAu to adopt Resolution 82-040 . RESOLUTION 82-040 A RESOLUTION RESTRICTING PARKING OF MOTOR VEHICLES 014 BOTH SIDES OF COUNTY ROAD D FROM BELDEN DRIVE TO. HIGHCREST ROAD Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to table action on Resolution 82-041 to enable staff to determine -whether parking on Silver Lake Road could be restricted only up to mid-block .between 36th and 37th Avenues N.E. and still meet the- standards set for federal and state participation in the County Road reconstruction project. Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 82-042. • RESOLUTIO14 82-042 A RESOLUTION ALLOCATING YEAR VIII CDBG MONIES Motion carried unanimously. The hearing to be conducted by the Planning Commission on -the amendment changes moved by the Mayor Pro Tem .were discussed further with Mr. Jones . Motion by Councilman Marks and .seconded by Councilman Enrooth to adjourn the meeting at 10 :25 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary �ayor • ATTEST: % City Clerk �3 i3 CLTY OF ST. ANTHONY COUNCIL AGENDA August 24 , 1982 7 :30 P.M. A. Call to Order/Pledge of Allegiance. B. Roll Call. C. Approval of August 10 ; 1982 Council Minutes . D. Licenses/Permits/Petitions . 1. Minneapolis Bowl-O-Mat, Inc. - name change on beer license. E. -Presentation of Claims . . 1. Hennepin County Assessing - $14 , 800 .00 . 2 . Adrian S . Helgeson & Co. - a. $5 , 745 .00 b . $690 .00 C. $975 . 00 . ACTION: Recommend approval. F . Reports . 1. Council. • a. Mayor Sundland d. Councilman Marks b. Councilman Enrooth e. Councilman Ranallo C. Councilman Letourneau 2. Commissions/Departments/Committees . a. Hockey/Skating Rinks Report (Councilman Enrooth) . b. Planning. Commission Minutes - August 17, 1982.. C. Liquor Operation Sales Summary - July, 1982 . d. Financial Monthly Report - July , 1982 . e. Finance Director - Council to set dates for future revenue sharing and budget hearings . 3 . City Manager. a. Notes on August 18, 1982 Staff Meeting. b. Council to Change Starting Time for September 14th Meeting. G. Public Hearings . 1. 8 :00 P.M. - Kenzie Terrace Redevelopment. Richard Krier, Westwood Planning & Engineering, will be present. H. New Business . • 1. Consideration of Bids for Public Works Pickup. I . Old Business . 1. Resolution 82-041, re: restricting parking on Silver Lake Road from 36th to Sault St. Marie Railroad tracks . J. Adjournment.