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HomeMy WebLinkAboutCC MINUTES 09141982 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iozoso Box: 21 Folder. CC MINUTES AND AGENDAS 1982 Document: CC MINUTES 09141982 CITY OF ST. ANTHONY • COUNCIL MINUTES September 14 , 1982 Mayor Sundland opened the meeting with the Pledge of Allegiance at 8 :00 P.M. Present for roll call: Ranallo, Sundland, Letourneau and Enrooth. Absent: Marks . Also present: David. Childs , City Manager;, William Soth, City Attorney; Carol Johnson, Finance Director; and Lee Entner, Fire Chief. The August 24th Council meeting minutes were corrected to show on Page 3 that "a District. #r282' Referendum" rather than "a School Board Election" would be held September 28th. Motion by Councilman Ranallo and seconded by .Councilman Enrooth to approve as amended the minutes of the Council meeting held August 24 , 1982 . Motion carried unanimously . Councilman Marks arrived at 8 :02 P .M. • Motion by Councilman Ranallo and seconded by Councilman Marks to deny a vending machine license -to Gannett. Satellite Information Network, Inc. for a newspaper vending device at the corner of Silver Lake Road ti and 37th Avenue N.E. .because of the potential traffic hazards which were perceived for that location and because the City has not historically permitted commercial sales on public property , but to direct staff to inform Gannett that locating the device on commercial property would probably be acceptable to the City. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Enrooth to grant a heating license to St. Marie Sheet Metal , Inc. , as recommended by staff. Motion carried unanimously . Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve payment of all verified claims listed in the September 14 , 19.82 Council agenda. Motion carried unanimously . Mr. Childs explained .that the. billing from Hennepin County is for the percentage of. the rental the City gets from the barber shop in the for- mer City Hall which is due as payment in lieu of taxes for that tax • exempt property . Motion by Councilman Marks and seconded by Councilman Ranallo to approve _ payment of $1, 332 to Hennepin County. -2- I-lotion carried 2-I-lotion _carried unanimously. • Motion by Councilman Letourneau and seconded by .Councilman Enrooth to approve payment of $2 , 841 . 75 to -the: Dorsey firm for legal services during July , 1982 . Motion carried unanimously . Staff anticipates the St. Anthony Boulevard -Bridge project would be completed by around the -first of .October, Mr. Childs said. Motion- by -Councilman i4arks -and seconded by Councilman Ranallo to approve payment of _$68 ,656 . 17 to the llatheny Construction Company as partial payment for their services on the bridge rebuilding project. Motion carried unanimously . Chief En.tner introduced Dr,. Patrick Lilja to the .Council , telling them , Dr. Lilja is an internationally recognized expert in the emergency medicine field and the physician directed the demonstration of the automatic external .defibrillator/pacemaker put on by five of the City's medical emergency response .team. Dr. Lilja explained that the $6 , 500 device had been loaned to the City at no charge to enable him to conduct a research project relatedto faster resuscitation of cardiac arrest victims by electric shock (defibrillation) . He said he had selected St. Anthony for the research project because he knew the City had one .of the best trained first response teams.- among the Henne- pin County suburbs . Fie said the length of. the research would depend upon . the number of instances of cardiac arrest there -might be. Chief Entner introduced a medical student ..who had just completed training. as a Fire. Reserve. The Mayor indicated the' .Council is very proud of the honors which are being- bestowed on the City' s rescue teams . At 8: 25 he opened the Revenue Sharing executive hearing on the alloca- tion of the 198.3 Revenue Sharing. Funds which are -anticipated to be $30 ,000 . Staff had proposed $20 ,000 .of these funds be allocated for capital .equipment .purchases and $10 ,000 be expended for equipment- .repair and maintenance. The Mayor explained to those present why the funds are not- used for such things as .personnel costs and, when no further input was provided, closed the hearing at 8 : 26 P.M. -, with the explanation .that another hearing.- would be held after the Revenue Sharing budget is adopted and final adoption information is published. Dr. Arnold 14ess , Superintendent of. District fr282 schools , and a member of the St.- Anthony Kiwanis Club, presented the club 's request that they be permitted to conduct their annual Peanut Day promotion in the City September 24th. The Mayor, who is also- .a. Kiwanis member, explained that the donations. would be expended for community. projects such as scholarships , youth programs , and community services . Motion by Councilman Ranallo and seconded by Councilman Marks to authorize the. -Peanut Day fund drive -by. the St. Anthony Kiwanis Club in the City, Friday , September 24 , 1982 . Motion carried unanimously. - -3- A marketing team to solicit developers for the Kenzie Terrace Develop- ment had been appointed, according. to Mayor Sundland. . The team comprised of the Mayor; City Manager, and Art Kuross of J. C. Penneys in Apache , and Jim Gahagen of .the St. Anthony National Bank , have already met with several developers who have good .track records .with the type of development sought for the Kenzie Terrace project and have appointments with three others within the next week . and- they are hopeful there would be a number of proposals submitted soon so the redevelopment of that area could be expedited as fast as ' legally permitted. Although some Council members .reported receiving calls related to the City' s water problems , they all indicated that it appears that most residents understood the situation. Following clarification of several items in the July Police report, that report- as well as the August liquor operations sales summary and August Fire Department report were ordered filed, as were the Sept- ember 8th staff meeting notes. The AMM request for Council support for the constitutional amendment relating to highway bonding had been included in the agenda packet and Mr. Childs. and the Mayor gave the reasons they saw for such a request from the AMM. Although they acknowledged the state needs to take more than stop gap measures to maintain the highway system, Councilmen Ranallo and Enrooth questioned "writing a blank check for highway projects" . Councilman Marks said it might be preferable to have .the highway improvements provided for by state statutes rather. • than by the Constitution, but the consensus of the Council was that they perceived no urgency for- Council action at that time. Motion by .Councilman Marks and seconded by Councilman Enrooth to adopt the resolution which authorizes the Housing and Redevelopment Authority to proceed with the Kenzie Terrace Redevelopment Project. RESOLUTION 82-045 FINDINGS AND DETERMINATIONS BY, AND RESOLUTIONS OF, THE CITY COUNCIL OF THE CITY OF ST. ' ANTHONY , MINNESOTA, RELATIVE TO AND APPROVING A REDEVELOPMENT PLAN FOR AN URBAN RENEWAL PROJECT FOR THE KENZIE TERRACE AREA IN ST. ANTHONY, MINNESOTA, ENTITLED "KENZIE TERRACE REDEVELOPMENT PROJECT" , DATED MAY, 1982 Motion carried unanimously. Mr. Childs indicated the City' s .Comprehensive Plan had been reviewed by the Metropolitan Councilwho, following the submission of certain administrative modifications , had approved the plan for final adoption by the City. Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 82-044 . • RESOLUTION 82-044 A RESOLUTION ADOPTING THE ST. ANTHONY COMPREHENSIVE PLAN Motion carried unanimously. -4- At their August 24th meeting, the. .Council had directed the City Attorney to prepare ordinance amendments which would address the problems they • perceive for recreational- establishments where people congregate which are presently classified as Permitted. Uses in the City Zoning Ordinance and requested these changes be .presented for a public hearing before the Planning Commission, September 7th. Doug Jones , Chairman of .the Planning Commission, reported the minutes of that hearing -and gave the Commission recommendations related to an ordinance which would change the classification of recreational uses from Permitted to Conditional Uses ; another which would limit the hours of operation for certain businesses ; and a third, which would permit new on-sale beer licenses to be issued only to restaurants . The Chairman suggested several changes in wording of these minutes be made as clarification of the Commission 's 'intent. He requested his own statement . as. to whether a restaurant could remain open all night be changed - from- "he believed this might be permissible" to "he questioned whether. it would be allowable" , - and said Mr.. Bjorklund had requested the words "sell a product or service. to be consumed upon the premises , ,; and. only these may -- - reasonably-,' be expected" , be inserted after the word "which" in the third line of. paragraph 2 , Page 8 and "or con- sumption of product" inserted following "people" in the fifth line of the third paragraph on the same page. The Chairman then emphasized that Mr. Bowerman had dissented from recommending approval- of - the changes , believing to place restrictions on only six or seven, out of- 56 uses , which. are now classified as • Permitted Uses would be "too confining" and, "could be viewed as discriminatory" . However, the majority of the Commission members agreed with the Council- and the large number of residents who had attended Council meetings in July .and August, that the existing Zon- ing Ordinance did not effectively address the problems of -traffic and late hour disturbances which.-were anticipated by neighbors would occur in establishments where people are expected-.to,�cong,regate for recreation or .entertainment. - Mrs:. Soth was- present to answer questions and objections to the ord- inance changes from representatives -of the Apache Plaza management firm and from. Chick 's . . P4ark Kozlak , a St. Anthony resident with a restaurant operation background, was. again present to speak in- favor of the ordinance _changes . _ Councilman -narks responded to Mr. Bowerman's objections to including only certain business uses in the conditionally permitted classifica- tion by saying he believed the Council 's overriding concern was related to activities connected to certain - uses in establishments where people congregate late ' at night and drink beverages while playing games . He later indicated he did not believe restaurants , delicatessens or cafeterias should be included in the categories for which .the changes were sought. Mayor. Sundland reported he had sat in on a .portion of the Commission • hearing.- and perceived the Commission recommendations reflected the desires of the community expressed during the Council meetings . He said whether there were 70 or 100 persons in attendance at these meetings was really irrelevant, as far as he is concerned, because he s -5- perceives the testimony offered was an accurate measuring stick of the ,entire community. Although the. perceived problems with Chick 's and the complaints regarding the Fun Center might have forced the • Council to reevaluate the existing ordinance, the Mayor believes the consensus of the community and Council was that- the ordinances should be tightened up for all uses which, involve large concentrations of people where problems with noise, traffic and neighborhood disturbances could be expected. Judy Makowske, a .Commission member, asked for, rea.f.firmation that the restriction of hours of operation .would .apply to Chick's , which she said is now .open in St: Anthony. Por. Soth indicated the proposed ordinance was written to .apply to all businesses which are defined in the ordinance, including billiard halls and -other businesses presently- _in_existence. Mark Gehan, an attorney representing ,the" owners of Chick 's indicated he had .been present at the Council meetings and his associate had presented the Chick 's owners opposition to the ordinance changes at the last hearing. 11r:. Gehan indicated he had no doubts as to how the Council was going to vote on the questions but thanked them and staff for treating him and his clients "fairly procedurely" . . He stated that he understood .the pressures which had been brought to bear against opening Chick '.s in St: Anthony, but he did not believe the charges against the establishment had been substantiated in fact or that any of the reasons written into the ordinance for curtailing the hours of operation, which he read aloud, could be applied to Chick ' s because "what you know of Chick ' s is what has been reported to you. by your City Planager and- Police .Chief who thoroughly checked out Chick 's in . Coon Rapids and, apparently , could find no adverse information on which to deny the applications for licenses" . Mr. Gehan recounted the process of those applications through the sys- tem, saying Roger Springfield, the owner of Chick ' s , had originally submitted applications for both amusement devices and beer for the store he was remodeling in the St. Anthony Shopping Center, but had withdrawn the latter when it was suggested to him that doing so might lessen the opposition .to his operation. as a whole from the neighbors . "However" , Mr. Gehan said, "the opposition stayed" and, although Pyr. Springfield "had been up front" in indicating he intended to operate- the billiards hall "continuously" , i .e. , "24 hours a day" , "the public. opposition now because .vehement about that aspect of the business and a .special hearing was called for September 7th" . The attorney for Chick 's then asked the Council to reflect on what had really happened by saying "originally there had been no .stir, . then the opposition to the beer developed, and finally , the uproar over the hours of oper- ation, and now, you ' re changing your ordinances because of Chick 's" . When the Commission Chairman indicated he did not .believe the ordinances were directed at a particular. style- of business , but at all businesses where noise and traffic disturbances can be expected to be generated by large concentrations of .people , Por. - Gehan responded that he per- , ceives an absence of evidence substantiating the ordinance changes and he perceives no other business would be affected, but, rather , the • City decision is being made on unsubstantiated claims about "that type -6- of business" and, "people of that kind". and other generalizations from "emotionally wrought up people".. He believes Mr. Springfield had made • a substantial concession to -the City when he withdrew the beer license application to "calm the troubled waters" .and, although he had not been in attendance at .the public hearing, could not "recall any direction about a beer license ordinance during the meetings he had attended" . Now, Mr. Gehan concluded,. "Mr. Springfield would be hereafter prohibited from having a beer license , while competitive businesses like the bowling alleys would have their licenses grand- fathered in, and that he .would.be denied the early morning sales hours which he needs to make a commercial profit" . It was Mr. Gehan' s conclusion that . the Commission- recommendations "were not based on factual fairness , but rather on evidence of a questionable nature" . Mayor Sundland assured Mr. Gehan that the Council appreciates his client's position. in the matter and deplores any unfortunate choice of words , but disagreed with the assumption that the changes were targeted at Chick 's or. that . only a small percentage of the residents would want the changes , believing, instead, that the sentiments expressed .during the discussions - "accurately reflected the wishes of the community which the Council is elected to support" . Councilman Ranallo told Mr. Gehan, first the Council had the beer license to contend with, and at- that time , had no idea whatsoever the business intended to stay. open 24 hours a day" . He perceives the meaning of the wording of the application must have been misleading "since all five of us missed it" . The Councilman said "it was when we found out Chick's was going to be open all night, that we realized there was • nothing in our ordinance to prevent that" , and , "Chick' s just pre- cipitated our awareness of the -shortcomings in the ordinance which must be addressed in order that the community would be protected from all-night disturbances , no ,matter where they occur" . Councilman Ranallo also speculated that the majority of the people in St. Anthony would oppose serving beer where 50 percent of the customers are juveniles and anticipated there would be a great deal of opposition to having the Fun Center open all night. "No matter which end of the town is involved" , Councilman Ranallo believes , "the City has the right to regulate the sale - of beer and prevent any business from operating all night long" . Whether Chick 's in Coon Rapids has a good reputation or not, made no .difference to him since he sees the necessity for regulating the hours of operation for all recreational businesses whatsoever, and is personally opposed "to issuing any more beer licenses in the City", preferring .instead to freeze them at their existing level, insisting "the . six or nine which are out now, are more than enough" . The Councilman then pointed out that there are no beer licenses at all.. in Edina becausethey have municipal liquor and have made that decision. Chairman Jones indicated the Commission members had been aware of his stand but had accepted the City .Attorney 's direction regarding the beer license ordinance. Ted Zinner, Attorney for the C. G. Rein Company , said he was in attendance to present the Apache position of overall opposition to the ordinance changes . He reminded the. Council that Apache Plaza, with 50 acres of land and 62 ,000 square feet of commercial space , represents a major share of the commercial activity in the City and said his firm is convinced that the center would be adversely affected by the changes . -7- He had participated. in the Planning Commission .discussions but, Mr. Zinner said, had not been aware of the previous hearings . He never- the less had concluded.. that the City "is expanding its ordinance restrictions -to other areas of business than those which had pre- cipitated the initial concerns , because. the July 27th minutes would seem to indicate the majority of concern was related to the Fun Center which is not in .Apache The Apache position is that, .although they are places where people congregate , there is- no basis in fact for applying .the findings of the hours of. operation ordinance to the operation of restaurants , cafeterias or delicatessens and .these facilities should be left .as Permitted Uses where the owners could continue to scrutinize their economic viability and make -decisions as to whether they would .fit into their commercial area. Although the attorney- believes the new hours of operation restrictions were also unwarranted for the other. types of businesses named in the ordinance -if they: were to become Conditional Uses , - he perceives the Apache management .could live with those restrictions as long as restaurants , delicatessens and cafeterias were deleted from that ordinance _and .not changed to Conditional Uses in the second ordinance. Mr. Zinner sees no problem with the beer license ordinance , as proposed. Ardrienne Johnson, 3109 Stinson Boulevard, thanked the City officials for "accurately interpreting -the..wishes of the residents" , but objected to the reference to whether those desires were "fair or unfair" . Mayor Sundland speculated that- the fact .that .the City ordinance was written a long time ago; and that St. Anthony has always been a "bedroom community" where_ everything closed down at -midnight, probably accounted for the existing ordinance having no provisions for regulating places where people congregate."late at night. He is also convinced the, ordinance ..- changes would reflect the wishes of the community since the largest number of complaints logged by the police department over the years have been related to late night disturbances such as loud parties or .screeching tires . The Playor also reminded those present .that it doesn ' t take long- to. get from .the commercial areas in St. Anthony right into the middle of the -residential neighborhoods . /Kay Stowell, 2314 Wilson Street .N.E. , asked whether an existing beer license would .be reissued to someone else if. the . facility which had the. license went- out of business .. The Mayor said the proposed ordinance dictates such ' a license .could be reissued only for a restaurant which seated 50 customers and where the serving of food is the overriding activity. Fie perceives the ultimate goal of the Council is to..hold the .number. of beer licenses to- the number which are out in the City at present. Mr. Soth said he had followed the recom- mendation of the Planning Commission to model the beer ordinance after the City 's-.wine ordinance. Mrs . MAkowske .perceived Por. Gehan's. reference to "emotionally wrought residents" might have been directed to. comments made by women partici- pants in the discussions who, "based our opposition to a business like • Chick 's coming- into -the community on what we have learned from _ experience over the years" .. She also believes there was a basis for -8- some of their concerns about the welfare of the community should this • facility be permitted to operate as proposed. Mr. Gehan apologized for "that perceived reflection" . Councilman Marks told Mr. Gehan his years on the Planning Commission had taught him there is a need . for periodically reviewing existing ordinances . He recalled the time when the Commission -had recommended approval of a variance for .a sign which the Commission believed met all the criteria .for such signage' as .to height, etc. , only to have the sign built on top of a berm and .to have another sign erected in a similar manner before the sign ordinance could be rewritten to address this omission.- The fact that the City has had no track record or experience with a business like Chick 's might. have accounted for the outcry from the public-, but he cannot .perceive damage to his client from applying community standards as a valid tool for implementing an ordinance, Councilman Marks told Mr. Gehan. He also said, although ,he appreciated the Counsel.'s comments related to "fairness" , and the attorney 's insistence that Mr. -Springfield's application had been written "in good faith" , he- believes the attorney should also realize the Council had not been perceptive enough to read, "continuously" as meaning "24 hours a day" . The Councilman then stated he believes "it might .be stretching the point a bit, and perhaps , might even be unfair, to call restaurants "recreational establishments" . As to beer licenses , Councilman Marks would like to see fewer in existence in the City than are out now and said he has always opposed permitting the consumption of beer • in the City parks and perceives the City 's stand on limiting such licenses is no different than Minneapolis ' where there are liquor patrol limits . His own opposition he believes is supported .by studies which show liquor drives the cost of these types of properties artificially higher. Councilman Ranallo defended the inclusion of restaurants in the hours restrictions and asked Councilman Marks .how he would like a 24 hour restaurant across the street from' his own home. He said even though St. Anthony has no eating- places which. remain .open all night at present, he is certain. the neighbors. near the Hobo would be very unhappy if the owner were to decide he could make more profits by staying open 24 hours a day. He believes the City has a right to tighten up . the ordinance to avert such problems in the future. The Councilman indicated he .wanted beer licenses frozen at their existing levels and would like to see no such licenses.. the ultimate goal. He reported Mark Kozlak whose family has been in the restaurant business for years , . recommends _the City look at its ordinances now "before we are in more trouble than we are right now" . Pyr. Jones reported he had suggested during the Commission hearing that there might be some merit in writing- the ordinance in such a manner as to leave open -the opportunity for. a Perkins-like . restaurant to go into .Apache-, but, this idea was opposed by most of the other Commission • members who believe , even with the most acceptable restaurant, an unacceptable level of noise and traffic would be generated, if it stayed open late at night. The Mayor agreed that the prevailing -9- concern seems to be that any place which stays open all night would become a hangout for. people on their way home. Councilman . Ranallo does not perceive there would be too many restaurants with a capacity • seating- of 50 which: would be interested in locating in St. Anthony and the Mayor added that the fact .the City has municipalliquor discourages that .kind of business from locating here . Mr. Soth then discussed the procedures which must be followed before the proposed ordinances would become law. He indicated there is no J legal requirement that three readings must 'be- held,:on�se_p.arate--n ,ghts . but it would be .possible to approve the second readings at the next meeting, waive the third readings and adopt one, or even all three ordinances , at the same . time. Mrs .. Makowske wondered if, since the beer license in its final form had not been presented for Planning Commission consideration, that .a public- hearing would now be necessary before the ordinance could be. adopted. Mr. Soth told.her - ther-e-;ar-:e only certain ordinances like the one. which. changes- the classification of uses , which require a public hearing; and, although the Council decided to .hold .that particular- hearing before the Planning Commission, they have . always had the power to conduct such hearings themselves . Councilman Marks .indicated .he is concerned with placing additional economic restrictions on -Apache 's ability to find tenants. and requested that "restaurants , cafeterias , . and delicatessens" be deleted from Section 460 . 10 of the ordinance which restricts the hours of operation for. that type of business as well as other businesses which have been defined as "recreational establishments'.' . Mr. Childs pointed out that, if his suggestion were to be followed, any existing restaurant in the • City would be able to change its hours of operation as well. Council- man Ranallo questioned whether there would be any basis for making such a distinction. He said he would rather not get into whether certain businesses . are desirable or-not desirable , but rather to prevent any business which generates late -night traffic and noise from adversely affecting the residential neighborhoods . Jim Cassidy who lives across. from .Apache at 3529 Coolidge Street N.E . , objected strongly to having any type of ' all night business open close to his home . When Mr. Kozlak indicated he -believed the ordinance should not be limited as to location, Mr. Zinner objected-, saying Apache Plaza is completely isolated on 51 acres and separated from any residential developments by an open field- and railroad track on the south; a main thoroughfare on the east and "there is a berm which protects the - neighbors in Mr. Jones ' area" . He insisteda mall restaurant, located inside -the building, should cause no disturbance for the neighbors . As proof, he mentioned that the. Italian restaurant in the shopping mallhad stayed open past 1 :00 A.M. for about a month recently and, as far as he knows , there wasn' t a single complaint made to the City. He insisited the Apache management should be permitted to continue to make the judgments as to whether or not prospective tenants would be appropriate uses for their own area. Por. Kozlak wondered if there might- be a separate zoning classification • set up for internal malls and. Mrs . Stowell indicated she could look with favor on an ordinance which would set distances from residential _10- developments as a condition for certain business activities . Pyr. Soth cautioned- against "spotzoning" , but indicated it might .be possible to set distance standards for .certain business activities which might be predicated on the noise and traffic they might generate. Sue Michaelof, 23.19 Harding Street N.E. , agreed that it was the fact that Chick 's in St. -Anthony would be only a few hundred feet from homes in her. area- which had caused such an uproar -from the neighbors . She said she would not expect . that Chick 's in Coon Rapids would cause the same traffic and. noise problems it would -in St. Anthony because that establishment was located in a shopping mall which was completely isolated from the nearest residences several blocks away by a wooded area which would deaden any noises . Councilman Marks recalled that several years ago a public hearing- on a Country Kitchen to .be located just west of the intersection of 37th Aven.ue_.with Silver- Lake Road hadresulted in that proposal being rejected because the site was::. too -close to a busy -intersection, there was not enough room on the site for the restaurant and adequate parking and the restaurant's -siting so close to a _residential area was considered unacceptable .by the neighbors. He suggested no action be taken on the ordinances that evening and- instead,. the City Attorney be directed to write an -ordinance which would not place so many restrictions on Apache. Councilman Ranallo was adamant that any restaurant in Apache which stayed open all night and generated .a level of noise and traffic which disturbed the.neighbors was "exactly the type of business residents have indicated they don' t want anywhere in the City" . He said he always considered the Burger Chef to be a part • of Apache and the thought of that restaurant staying open all night right across from the townhomes which are being built by Sid Johnson frightens him. He reminded -Councilman Plarks that he himself has complained about the noise generated by. tennis players across from his home in Central Park and asked him how he would like a restaurant in that same location. Councilman I-larks then questioned .how much delay there would be for Apache to go through all. the procedures to get certain businesses established inthe mall and he was told it would be. up to the Apache management to inform the prospective tenants of the restrictions so they -could start the process long before they intend to open. Council- man Enrooth said the panning Salon which recently opened in Apache had to wait a month before- it could open but he did not believe the planning process had really been a major burden in that instance. Mr. Zinner cited 20 years of experience of Apache , nine of which had been under the existing ordinance, . where restaurants , cafeterias and delicatessens had operated .as Permitted Uses. He perceives such establishments do .provide a service for the community and doesn ' t . believe an- ordiance change is required at this time . Councilman Marks asked why the City didn' t just change . all Permitted Uses to Conditional Uses and Councilman Ranallo said there is a difference between uses which can be expected to generate traffic and noise and those which do not. Fie said he did .wonder,_ however; why delicatessens were included. Mr. Soth said he had, also questioned whether that use fit • into the definition but the Planning Commission had some apprehensions as to whether some- eating places in -the metropolitan area, .which are called delicatessens , are not in reality sit-down restaurants which even serve liquor. He would hate to -see an all-night delicatessen -11- operating next to the Twin City Federal Bank in an. area. where resi- dents have -been concerned for- years about how vacant- land in front of them on Silver Lake Road would be developed, Councilman Ranallo admitted. Mayor Sundland then recalled another incident years ago when a. national franchise :restaurant which would have generated high traffic, noise and litter and many other problems forthe adjacent neighbors wanted to- open up .on Kenzie Terrace and the only reason the City was able to prevent them from doing: so was. the f act. that a portion- of the land they wanted to purchase-was zoned- R-1.. He believes -most restaurants would want to stay open all night'.if the dollar value could be proved. He said he believes it should be- Apache 's -responsibility to see to it that applications are made in time..and said this point was demon- strated to him recently when he discovered a new business getting ready to open up in the St, Anthony Shopping Center without ever . contacting th& City officials ,, which he believes, was the fault of the leasing agent. He told Mr. Zinner that .malting the restaurants a Conditional Use is not denying. that use but rather just permits the City to set the conditions for the permit approval. Motion by Councilman. Marks and ,seconded by Councilman Enrooth to approve the .first reading of the ..ordinance which limits the hours of operation for certain business after deleting"re.staurants , cafe- terias and delicatessens" from Section- 460 :0 and with the same find- ings as developed by .the Planning Commission. Voting on the motion: Aye : Marks and Enrooth. Nay : Sundland, Ranallo .and Letourneau. Motion not carried. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the first reading. of the ordinance which limits the hours of operation for certain businesses .as submitted except to change the number of amusement devices in Section 460 :10 from six (6) to three (3). , finding as did the Planning Commission that: (1) There was- ample written and verbal testimony by the public, the proponents , ' and the opponents to support passage of the ordinance. ((2). No evidence was presented to back up the assertion that businesses of the types which would be affected are "family oriented" , but rather, evidence was presented that the hours of greatest activity . are the very hours that families seldom, or- never, pursue joint . activities ,since they are universally. regarded as sleep hours and testimony from the .p.ublic adequately demonstrated that St. Anthony is a "family oriented community" . (3)- St. Anthony is a small community with a small police department and may- be adversely affected- by the necessity to increase staff- ing if this -ordinance is not adopted. -12- (4) Businesses in St. Anthony generally close at conventional hours (before 1:00 .A.M. ), and no adverse business impact has been demonstrated, either generally or specifically , within the City . (5) There are studies which show increased crime, reduction in property values and other negative impacts resulting from the operation of- all-hours establishments in- nearby communities . (6) Other municipalities , such as Eagan, have ordinances similar to this ordinance. (7) As a general rule, the businesses which are open to the public are under continuous public scrutiny , that therefore, the public, in a sense , serves as their own police, and react to potential offensive conduct. ORDINANCE 1982-006 AN ORDINANCE RELATING TO. BUSINESS REGULATIONS; LIMITING THE HOURS OF OPERATIO14 OF CERTAIN BUSINESSES ; AMENDING THE 1973 CODE OF ORDINANCES BY ADDING A SECTION Motion. carried unanimously. P4otion- by Councilman Ranallo and seconded by Councilman Enrooth to approve .the first reading of the ordinance which would transfer cer- tain uses within. the Commercial (C) zoning district from Permitted to Conditionally. Permitted Uses after changing the number of amuse- ment devices in #14 of Section 3 from six (6) to three (3) devices , finding, as did the Planning Commission, that: (_1) There was ample written and verbal testimony by the public, the proponents , and the opponents to support the passage of the ordinance. (2) The City will have greater control of these types of businesses whose primary purposes are to allow the consumption of their product or deliverance of: a service on the ,premises , thereby better controlling potentiallyadverse concentrations of people . (.3)-,; . St.. Anthony is a small community with a small police department and may be adversely affected by the -necessity to increase staffing if this ordinance is .not adopted. (.4) There are studies which show increased crime, reduction in property values , - and other negative impacts resulting from re- creational .establishments in. nearby communities . Other municipalities such as Eagan, have ordinances similar to this ordinance. (`6) As a general rule , the businesses which are open to the public are under .continuous public scrutiny . and, therefore, the public, • in a sense , are their own police, and react to potential offensive conduct. -13- ORDINANCE 1982-007 AN ORDINANCE RELATING TO PERMITTED AND CONDITIONAL -USES WITHIN A GENERAL-COMMERCIAL DISTRICT "C" ; AMENDING SUBDIVISIONS 2 AND 3 OF • SECTION' S OF THE ZONING ORDINANCE ATTACHED AS APPENDIX' TO I TO THE 1973 CODE OF- ORDINANCES BY DELETING CERTAIN USES AS PERMITTED USES AND ADDING .USES AS CONDITIONAL USES WITHIN THE "C" GENERAL COMMERCIAL DISTRICT Voting on the motion: Aye: Ranallo, Enrooth , Sundland .and Letourneau. Nay: Marks . Motion carried. Mr. Soth noted that this was the only one of -the proposed ordinances which required 4/5 vote on the final reading.. Drawing on his family business experience , Mr. Kozlak recommended the word "closed" , in reference to an establishment which serves beer should be -spelled out .clearly in the beer license ordinance . Mr. Soth indicated the same standards would be applied as non-conforming uses . Motion by Mayor. Sundland and seconded- by Councilman Letourneau to .approve as submitted the first readingof the ordinance related to the sale- of beer- with the request that the City Attorney should • provide the recommended clarification of wording before the second reading. ORDINANCE 1982-008 AN ORDINANCE RELATING TO THE SALE OF BEER; AMENDING SECTION 800 :05 , SUBDIVISION 2 , OF THE . 1973 .CODE. OF ORDINANCES' AAND AMENDING SECTION 800 OF THE 1973 CODE -OF ORDINANCES BY ADDING A SECTION Before the vote was taken, Councilman Marks moved and Councilman Ranallo seconded a motion .to amend which would indicate the Council 's purpose was , in fact, to limit all-such licenses at their existing level. Voting on the amendment: Aye: Marks and Ranallo. - Nay: Sundland, Letourneau and Enrooth. Amendment not carried. Voting on- .the original motion: Aye: Sundland, .Letourneau and Enrooth. • Nay : * Marks and Ranallo. Potion carried. . -14- Motion by Councilman Ranallo-,and-.seconded by Councilman Marks to approve the first reading of the proposed Cable T.V. franchise • ordinance with the indicated change in name to "City Council of St. ,Anthony" . ORDINANCE 1982-009 AN ORDINANCE, INCLUDING ADDENDUM WITH EXHIBITS , GRANTING A FRANCHISE TO GROUP W CABLE OF THE NORTH SUBURBS , INC. , A MINNESOTA CORPORATION, TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM I14 THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PRO- VIDING..FOR .THE REGULATION, AND 'USE OF' THE SYSTEM; A14D PRESCRIBING PENALITIES FOP.. VIOLATION OF ITS PROVISIONS Motion carried unanimously . Pdotion by- Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 10 : 35 P .M. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary • Iay r ATTEST: City Clerk •