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HomeMy WebLinkAboutCC MINUTES 09281982 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iozosz Box: 21 Folder: CC MINUTES AND AGENDAS 1982 Document: CC MINUTES 09281982 CITY OF ST. ANTHONY • COUNCIL MINUTES September 28 , 1982 Mayor Sundland opened the' meeting with the--:-Pledge. of -Allegiance--at 8 :00 P.M. Present for roll call: Marks , Ranallo, Sundland, Letourneau and Enrooth. Also present: David Childs , City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; Carol Johnson , Finance Director; and Don Hickerson, Chief of Police. Motion by Councilman Marks and seconded by Councilman Enrooth to approve as submitted the minutes for the Council meeting held Sept- ember 14 , 1982 . Motion carried unanimously. Roger Springfield reapplied for an on sale 3 . 2 beer license for Chick 's' Billiards-, 2529 Harding Street N.E. , but since a new ordinance related to beer licenses was being developed, Pyr.. Soth advised that it would be appropriate to table the application until the determina- tion of the ordinance was completed; especially since the proposed ordinance would preclude granting such license to any establishment other than a restaurant which has a 50 person seating capacity. The As Mayor explained to about 25 persons who were present that this is the second reading of the proposed beer license ordinance in which the City Attorney has clarified the meaning of the words "closed" .and "minor" . Mr. Soth had also submitted anoth-er version of that ordinance under which no new beer licenses could be issued, but licenses existing in the City as. of September 14 , 1982 , would be grandfathered in. Charlotte Olson, 3412 N.E. Skycroft Drive, indicated she was present to let the Council know she would be very much opposed to granting a beer license to Chick 's . Mrs . Olson said the City has -supported an effort to address the problems with chemical dependency , especially among the young, in the City, and she saw granting any more liquor licenses would be counter productive. It is her opinion that "the adults in the community have to take some responsibility for combating the misuse of alcohol. and drugs by young people" . Mrs . Olson related her own personal experience with the problem where her son miraculously escaped death when another youthful driver from the City , with a blood alcohol content of . 16 ; hit her -son's - car broadside. The St. Anthony resident pred%acted it would be .very' difficult to enforce the liquor laws in an establishment which stays open all night and said she sees many problems- for the City's police if the beer license is granted to Chick ' s . Mark Gehan, attorney for Mr. Springfield, recalled the events which had led his client to withdraw his original beer license application and • said since Mr. Springfield had reapplied for the license before the first reading of the proposed ordinance , he does ' not believe the City 1 `a -2- "has a basis for. denying the license when there is 'no' ordinance on the books" . The attorney did not want to debate the merits of temperance • with Mrs . Olson, but contended none of her comments pertained to Mr. Springfield 's business since "he certainly does -not intend to serve beer to anyone who is underage, or intoxicated, or to serve beer past the hour -when it is legally permitted" . Councilman Marks rebutted this statement- by saying the justification for denying the beer license had been established by Mr. Springfield.. himself when he told the Council that during . the.- summer months , 50 per- cent ofhis clientele is under the drinking age. . The Councilman believes - it would be very difficult to control the sale of beer under these circumstances , and the application should fail on its own merits . Motion by Councilman Marks and seconded by Councilman Ranallo to table action on the on .sale 3 . 2 beer. license application. for Chick's until a final decision- is made on the proposed beer license ordinance amendment. Motion carried unanimously . An application had. a.lso _been submitted for the transfer of an on sale 3. 2 beer license to a new owner of' the Northgate Motel & Restaurant, but Mr. Childs advised that allthe required information onh d not been submitted with the application and recommended that it be tabled. Motion by Councilman . Marks and seconded by Councilman .Letourneau to table action on the on sale 3 . 2 beer license application for the North- gate Motel & Restaurant until there is full compliance with all the application requirements . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to grant a cigarette license to Midwest Barter Group, 2817 Anthony Lane N.E. Motion carried unanimously . An application had also been submitted for Chick's for: six amusement devices licenses , but since these type .-of licenses were also to be considered for ordinance amendment, Mr.. -Soth suggested it might be appropriate to .defer action .on the . request until the Council had made some decisions regarding the amendment and the number at which the devices would be frozen, if ' the amendment is approved, is established. He said if the Council decided they don't want the change at all, such action could be taken later in the meeting. Mr. Springfield told the Council he already has 14. of the devices in , his establishment. Motion by Councilman Parks and' seconded by. Councilman. Ranallo to table action on the application for six amusement devices licenses for Chick ' s until such time as the Council makes a decision regarding the • amusement devices ordinance and the number of devices. which would be permitted in the City. Motion carried unanimously . f -3- Mayor Sundland reported all the personal interviews with developers who have a good track record with the types of development .proposed • for the Kenzie Terrace Redevelopment Project have been conducted by the H.R.A. Marketing team and a general marketing meeting with the other contractors is planned soon. He said the H.R.A. plan was well received, and he is optimistic that two or three proposals would be forthcoming soon. A copy of a flier to be sent. to- prospective developers was distributed to those in attendance . The Mayor also reported that the Federal Surp=lus Property Program has been retained following pressures from many agencies , including the Association of Metropolitan Municipalities , who had used his letter as a model for the one they had sent to Commissioner Hiniker. However, he believes that letter was also responsible for his being appointed to serve on the advisory group to the users which will market the - program. Mr. Childs indicated the City has already received the annual membership charges for the program. The letter he- is sending to Governor Quie to protest the uncertainties surrounding state.:aid_to�_cities=was_read-by P'layor Sundland . At 8: 25 P.M. , the public hearing was opened on the 1983 City budget and the 1983 budget for Revenue Sharing Funds with a slide presentation by the City Manager which indicated there would be a 1 . 49 percent increase in the 1983 General Fund budget. Mr. Childs said, on a home with a $78 ,000 market value (.average St. Anthony home) , the City 's share of property taxes .would be $191. 70 . He stated that revenues from the -liquor operation are equivalent to 6 . 25 mills in the 1983 . budget. His presentation of City 's costs broken down by departments included figures showing the - City' s sewer fund would continue to operate at a deficit in 1983 , mainly because of increases in charges from the Metropolitan Waste Control Commission'. The Manager indicated that, although the water fund is presently operating at- a break even rate, any major expenditure, such as a new well , would require other sources of funding. such as revenue bonds , etc. The .Manager explained to Mrs . Makowske that* the City is permitted to levy 1/3 of a mill , or approximately $20 ,000 , for H.R.A. activities and. l/30. .of==a mill, or about $2 ,000 , for H.R.A. relocation activities , and the remaining costs are paid by the developers through the bonding process. Mayor Sundland . indicated the Council is very appreciateive of the fine job the staff has done controlling -the budget during the period of decreasing state aids . Mr. Childs reported the City anticipates receiving $30 ,000 in Revenue Sharing Funds for 1983 , of which $10 ,000 has been budgeted for capital equipment repairs and $20 ,000 for capital purchases which. the Council dedicated towards the purchase of a .dump truck for the Public Works Department. There was no further input from the public and the hearing was closed by the Mayor at 8 : 40 P.M. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the. 1983 City budget and the 1983 budget of Revenue Sharing Funds . -4- RESOLUTION 82-046 A RESOLUTION'.APPROVING THE 1982 TAX LEVY, • COLLECTIBLE IN 1983 AND THE 1983 CITY BUDGET Motion. .carried unanimously. Councilman.. Ranallo reported he . had recently received a telephone call from a representative of the Commers Soft Water Co. , who had requested to* meet with the Council to discuss the -installation of .their ultra filtration system as an alternative to- drilling .a new well , if the water problem dictates such action. A meeting will be arranged some time in .the near future. Staff will look into the complaints made to Councilman Ranallo about the bottles and other litter:-left on the driveway- in front of the Fun Center, all the way over to the library . Next, the Councilman reported the four days he had spent working on the committee which is studying the state 's pension, labor relations and personnel for the League of Minnesota: Cities has convinced him that an investigation should be made of the manner in which -the Public Employees Retirement Account is handled by the State Board of Investments . He said he is certain -Carol-Johnson would find a 2 . 3 percent return on an investment of more than a billion dollars unacceptable in her depart- ment. epart- ment. Councilman' Marks .reported receiving a very adverse comment from a • resident related .to- locating a new liquor store east of Silver Lake Road. His suggestions for substituting rubberized materials for asphalt at the base of 'playground equipment .in Silver Point Park will be researched by staff, when such improvements are economically feasible . The August Fire Department report and the Finance Director's Investment report were accepted as informational. Carol Johnson was complimented on the excellent job. she had done in. getting such a good return on the City 's investments in a period of declining interest rates . Chief Hickerson had submitted the application of Julie Ann Beseler'.to serve on the City 's Police Reserves because the applicant lives just outside the .school district in Roseville . The Chief indicated the recommendation .checks were clear and Councilman Marks reported the reserve candidate works for the same firm as he and he can personally vouch for the fact that she is a very good worker. Motion by Councilman Plarks and seconded by Councilman Enrooth to. approve the application of Julie Ann Beseler, 3050 .O1d Highway 8 , Roseville, to serve as a police reservist for the City of St. Anthony . Motion carried unanimously . Councilman Ranallo reported hearing a number of complimentary comments from residents about the present of. several police and fire personnel at the football game the previous Friday .night and about the first aid rendered to two of the football players . -5- Judy Makowske opened her report on. the Planning Commission meeting held September 21st by requesting the following changes be made in the • minutes of that meeting: Page 2 , para. 2 : The addition of "at this store as they had at their other locations" following practice in Line 14 . Page 3., para. 2 : Should read "The proprietor must comply with all state laws relating to obscenity and to -any ordinances of the City of St. Anthony thereafter relating to obscenity. '.' Page 3 , para. 1 : Add "b" following "would" in Line 2 . Mr. Berg had given- a summary discussion of -the two .proposals heard by the Commission. Mrs . Makowske reported the Planning Commission had recommended a condi- tional use permit be granted to 99� Video Club to operate a video tape sale and. rental business at 2920 Pentagon Drive under the conditions set forth in the minutes . Councilman Marks asked whether there had been testimony during the hearing that this firm sells X-rated materials in their other stores . The. Planning Commission representative indicated she had gotten that impression but could not recall the exact con- versation. One of the store ' s owners , Bill Mortice, indicated he and his partners have handled such materials in other locations but fully understand • such activities would .not be:-.permitted in St. Anthony , having first heard this from a minister who came into the store long before City officials had told him the same thing. Mr. Mortice does not anticipate this would be any difficulty for his company since such sales and rentals have only accounted for about one percent of their business in other locations and these activities have "only caused troubles" for the owners . Councilman Ranallo noted that Mr. Berg' s September 17th memorandum to the Commission .stated "they .will not sell X_-rated tapes" , but made no reference at all to the rental of such materials . Mr. Mortice and another partner in Color T.V. Inc. , Sam Czaplewski , confirmed there would be no rental of X-rated tapes or "under the counter sales" . . Duane Doughty. who. had signed the application. for the permit was present, but did not speak to the issue. Mayor Sundland reminded the partners that there would be strict enforcement of the City 's ordinances and the conditions set for granting this conditional use permit. Motion by Councilman Enrooth and seconded byc'Councilman Marks to grant a conditional use permit to Coon Rapids Color T.V. Inc. , DBA 99� Video Club, which would allow the operation of a video tape sale and rental business , as proposed, at 2920 Pentagon Drive, under the conditions that: (1) There would be no viewing of tapes in the store, except for bona • fide demonstrations of tapes and no viewing would be visible from outside the store. (2) The proprietor must comply .with all state laws relating to obscenity and to any .ordinance of the City of St. Anthony thereafter relating to obscenity . -6- 1_3) Conviction of. th.e. owner or any of the employees of the owner for violation of. obscenity laws in the operation of' the : store would • be grounds for revocation of this permit by the City Council. In .granting this permit, the Council finds , as did the Planning Commis- sion, that: (A) The proposed use is one of the conditional uses specifically permitted in the district in which it is located. (B) The proposed conditional use would not be detrimental to the health, safety., or general welfare of persons residing,_:or_­work- ing in the vicinity or injurious toproperty values or improvements in the vicinity,. . . (C) The proposed conditional use is possibly necessary or possibly desirable at. the specified location to provide a service or a facility which is in the interest of public convenience and may contribute to the general welfare of the neighborhood or community. (D) There was no opposition to the permit demonstrated during the hearings before the Planning Commission or the Council . (E) A thorough check of the petitioners and other stores they operate had convinced the shopping . center management that this store would be in the best business interest of the owners . Voting on the motion: • Aye : Enrooth, Marks , Sundland, and Letourneau. Nay : Ranallo. Motion carried. Mrs . Makowske conc•luded .her report by -informing the Council that the petition for an amendment to the Zoning Ordinance which would allow motorcycle accessory sales as a conditional use had been withdrawn by the applicant after the hearing . She then requested the Planning Commission be kept informed as to when the H.R.A. meetings are scheduled. Mr. Childs had included in the agenda packet a listing of checks staff has found to be uncollectible, which he requested be written off so the books could be closed for 1981. He and Chief Hickerson assured the Council every legal process which is economically justified had been followed to collect these monies . The Manager pointed out, however, that a shortage of a little ,more- than a thousandi-~dollars would-.be more than offset by the_._ - liquor operation net profit of $23 ,281. 69 on check cashing. Motion by Councilman Letourneau and seconded by Councilman Marks to authorize the write off of $1 , 350 . 66 in uncollectible checks for the City 's 1981 liquor store operations . Motion carried unanimously. ,s —7— As /—As reported in the. September 22nd .staff meeting notes , the Manager said it had been decided by the school district and the City that Halloween • would be observed Sunday, October 31st because more problems can be anticipated if the observance is Saturday night. The Mayor indicated the question had initially been raised when- he had received an inquiry from the Legion Club which customarily sponsorsa party for-:the City 's youth on that night. Mr. Childs reported the most- recent newscasts seem to indicate the Supreme Court has overturned, at least . for the present, the lower court's decision to ban the use of breathalizers in determining whether a driver is intoxicated. Chief Hickerson said he understood there would be a problem with interference with themachine only- if the .patrolman were transmitting' at the same .time. The Manager said .the use of the breatha- lizer is much less expensive than having urine and blood tests taken at North Memorial Hospital at $15 and having a squad car and officer at the hospital during the testing. Councilman Marks has made a .personal . inspection of the new St. Anthony Boulevard .Bridge and is happy to learn the City Engineer is confident the roadway would be * open for the 20th high school - reunion, October 15th, because many of the activities are scheduled on the other side of the bridge at the Hilton Hotel. The bulletin reporting the .manner in which St. Louis Park has handled its water contamination problems was noted. The Manager requested .the Council defer action on the Cable T.V. ordinance until later in the meeting so the missing figures could be filled in. Mr. Soth 's September 22nd memorandum related to the four ordinances he had prepared at Council .and Planning Commission direction had been included in the agenda packet and he -indicated only the number of devices addressed in Ordinance 1982-006 had .been changed since--the first reading, September 14th. The . ordinance .would restrict the hours of operation of certain businesses in. the City , including restaurants , cafeterias and- delicatessens, and Ted .Zinner of the Rein Company restated the Apache position of- opposition to the ordinance , including those types- of businesses because he believes such action wouldpreclude the shopping center ever having a reputable eating establishment which would operate past 1: 00_ A.M. , When Mr. Zinner- said .he understood the City Attorney had been directed to research whether the hours of opera- tion- could instead be made a . condition for. granting a conditional use -lie-was told by Mayor Sundland that the idea -was discussed but that several members .of the Council had, not been in favor' of that idea at the last meeting. The Apache- counsel then stated that "Apache feels very strongly that restaurants , cafeterias and delicatessens do not fit in the category of amusement establishments and should not be considered as such in the ordinance" . He disputed the assumption that these types of businesses , in an isolated mall area such as Apache, where off street parking is • provided for 1,000 vehicles , could be anticipated to cause either traffic or noise disturbances for the residents and contended, instead, that these types of businesses do provide a service which'..is both beneficial and desired by the residents . -8- Councilman Ranallo .told him when the City receives a .large outpouring of requests - for an all .night restaurant, the Council would be glad to • consider it, and it was his own frustration with. trying to attach conditions to conditional uses in the past, .which had prompted him to have the ordinance written .as a protection for .the -community . Mr. Soth explained that, if restaurants , .cafeterias and delicatessens are not specifically designated in the hours of operation ordinance , the .existing businesses of .this type would not be affected by changing them from permitted to conditionalauses-, since they would- be grand- fathered in with the ordinance . and would be able to operate any hours they believe would be economically feasible . The City would, there- fore, not be able to control the hours of operation-'for existing rest- aurants , not even for those for whom the ownership changed, if these businesses are deleted from the hours of .operation ordinance. Under questioning-, Mr. - Zinner said the only instances - he has known of an Apache business staying open after 1 :00 A.M. during the six years he has been -with Apache has been when the Italian restuarant stayed open until 2 : 30 A.M. for a short time and the bowling alley when it was kept open for special events. However, he reiterated that the shopping center hasoperated under. the existing City ordinances for 21 years with no- problems, that he knows of , for the community related to noise or traffic generation-. Chief Hickerson replied to Councilman Marks .' question related to problems the Police Department had experi- enced by saying .the only problems he knows which were incidental to later hours of operation were the normal problems associated "with cars just being there" . • Councilman Marks then said he believes the Apache management request that their ability to attract. a reputable eating place to the mall not be hampered is a reasonable one because the City could place conditions -on any conditional use permit for a restaurant which came before them. Councilman Enrooth indicated he supported this point of .view because "just because a use is allowed in an ordinance .doesn' t mean people are going to rush in to take advantage of that use" . He agreed with Mr. Zinner that the City has .had no major problems in 21 years with allowing Apache to make their own business judgments as to which businesses would be desirable for the mall. The Councilman says he has been troubled lately by comments he has heard from the business community indicating they perceive the Council to be extremely negative towards the welfare of small businesses in. the City and wants to be certain the Council is not just .overreacting- to °whati-has ;-transpired in-another section of the City in the past few months . Councilman Ranallo asked him what he would do if an eating place should become a big problem, speculating that the residents who live near the Hobo would probably be very upset if that restaurant decided to stay open all night. Mary Anne Kuharski,, 2707 Pahl Avenue N.E. , indicated she sees the Council is "backsliding" on the issues which .were supported by 70 or 80 people who appeared before the Council in August, and who would probably • return if they believe it necessary to have their wishes followed. She can' t understand why the Council is now considering letting restaurants stay open until 2 : 30 A.M. or later believing the residents had made it perfectly clear they don' t want the City to become a watering hole for » -9- people outside the community who are.. looking for a hangout after the bars are closed. . She perceives a .great concern for the welfare of the • business community , but little concern about the people who live , work , and .sleep in St. Anthony and who are the ones who support those businesses. Mrs . Kuharski insisted the residents ' rights to sleep at night should also be considered. Mrs . Makowske told the Council the Planning Commission had determined during their hearings that- it would not be unique for St. Anthony to make the decision. to close the City down at 1 :00 A.M. , since other communities , such as Eagan,.. have made. that same decision. She does not believe ..any testimony against the ordinance change demonstrated an adverse business impact and reminded Councilmen Marks and Enrooth, who have both served on the Planning Commission, how difficult it has been in the past for the Commission to formulate :questions,a.which scan" be answered affirmatively by the applicant for a conditional use permit. Councilman Marks indicated that it is his desire to leave enough flexibility in the ordinance so Apache won't be prevented from attract- ing a desirable restaurant which might want to stay open until 2 :00 to 2 : 30 A.M. , as one has already done in Apache-. in the past. Mr. Soth said the Council could .probably establish separate hours for restaurants in the ordinance but the Mayor had some difficulty with this , wondering- "how would you determine just what hours would be desirable for all restaurants?" . He said he had now known the . restaurant in Apache had been open .past 1 :00 A.M. , but .noted that they had not continued the practice for long, "probably because it wasn' t • worth it, or maybe , because they went out of business" . Councilman Ranallo indicated he sees the main function of shopping centers is to sell merchandise such as clothing, food and prescriptions , etc. Councilman Letourneau reminded him that the- only business in Apache which stays open until 1:00 A.M. is owned by the City and he speculated it might be better if some of those customers had a place within walking distance to get a cup of coffee or a bite-:.to .e.at before driving home . Councilman Ranallo said he couldn ' t understand why the other Councilmen were so anxious to make restaurants 24 hour operations which would generate late night traffic and noise to disturb the residents and he made the motion which was seconded by Mayor Sundland to approve the second reading of .Ordinance 1982-006 with only the changes made by the City Attorney . ORDINANCE 1982-006 AN ORDINANCE RELATING TO BUSINESS REGULATIONS; LIMITING THE HOURS OF OPERATION OF CERTAIN BUSINESSES ; AMENDING THE 1973 CODE OF ORDINANCES JBY ADDING A SECTION Before taking a _vote on'-the..motion Counci'lm'an Marks noted- that Eagan is a developing community and it is _easier to put on conditions during the • planning process for any city. He reiterated that he just "wants to help Apache to continue to do business in St. Anthony" and believes , -10- "since they have made . a substantial investment in the City and have abided by the City 's ordinances for 21 years , there should be some concessions made for them" . Councilman Enrooth agreed, saying he wonders "whether the issues which had initiated these ordinance_ changes really had anything to do with restaurants at all" . Councilman Marks then offered an amendment to the motion approving the second reading of Ordinance 1982-006 which would delete the reference to restaurants , delicatessens , and cafeterias from the ordinance. His motion to amend failed to get a second. Voting on the original motion: Aye: Ranallo, Sundland, Letourneau, and Marks . Nay : Enrooth. Motion carried. Motion by Councilman Marks and seconded by Councilman Enrooth to approve the second. reading of Ordinance 1982-007 with changes as recommended at the.. September 14th Council meeting. ORDINANCE 1982-007 AN ORDINANCE RELATING TO PERMITTED AND CONDITIONAL USES WITHIN A GENERAL COMMERCIAL DISTRICT . "C" ; AMENDING SUBDIVISIONS 2 AND--1-3 • OF SECTION 9. OF THE ZONING ORDINANCE ATTACHED AS APPENDIX 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 Motion carried unanimously. The City Attorney had included in his September 22nd memorandum wording which could be substituted for the first three sections of Ordinance 1982-008 which was before the Council for a second read- ing, if the Council agrees to freeze all beer licenses , including those for restaurants , at their existing levels . Councilman Ranallo indicated that was exactly his intent with the motion he had origin- ally made August 10th. Mr. Soth _said the version which had been given its first reading at the last Council meeting had been developed along the lines suggested by the Planning Commission that beer licenses should be given the same treatment as wine in the City 's wine ordinance. He said the more restrictive version would eventu- ally close out all beer licenses in the City which he added he had ascertained "you have the authority to do" . Mayor Sundland said he was going to support the serving of beer in restaurants -because he believes their main function is serving of meals as compared to facilities where meals are only incidental to their other functions . • Motion by Mayor Sundland and seconded by Councilman Letourneau to approve the second reading of Ordinance 1982-008 with only changes made by the City Attorney to clarify "closing" and "minors" . ORDINANCE 1982-008 AN ORDINANCE RELATING TO THE SALE OF BEER AND • LIQUORS; AMENDING SECTION 800 :00 , SUBDIVISIONS 8 AND 9 ; SECTION 800 :05 , SUBDIVIS-ION 2 , SECTION 803 :00 , SUBDIVISION 7, AND -SECTION 805 :00 , -SUBDIVISION 7 , OF ' THE 1973 CODE OF ORDINANCES AND AMENDING SECTION 800 OF THE 1973 CODE OF-- ORDINANCES BY ADDING A SECTION Voting on the motion: Aye: Sundland, Letourneau, and Enrooth . Nay : Ranallo and Marks . Motion carried. Mr. Zinner commented that he had recently had a very .nice meal in a Mr. Steak restaurant in St. Louis Park where beer was served along with the meal and he wouldn' t want Apache 's ability to attract an establishment of that kind precluded by the -ordinance. Councilman .Ranallo indicated he :doesn't see "any difference between restaurants and. other establishments where beer is served" . He. said he believes the ordinance which .had just been adopted "is too loose" and disagrees that there is a necessity for serving beer in restaurants . He then recommended the stricter version of the ordin- ance be adopted. • . Motion by Councilman Marks .and seconded by Councilman Ranallo to approve the first reading of Ordinance 1982=010 which would delete the first three sections of Ordinance 1982-008 and substitute in their stead the wording for Section 800 :20 Granting of Licenses as written in the City Attorney 's. September 22 , 1982 memorandum. Voting on the motion: Aye : Marks and Ranallo. Nay : - Sundland, Enrooth, and Letourneau. Motion not carried. The meeting was recessed at 9-: 45 P.M. and when reconvened, at 9 :55 P .M. , a second reading was given to Ordinance 1982-009 . Allan Kaeding , Chairman of the City 's Cable T.V. Committee , reported the North Suburban Cable T.V. Committee had just that evening recommended the City 's non-refundable acceptance fee be increased by $2 ,000 to - $14 ,912 .90 , which was accepted by the Council for insertion in the ordinance. The franchise company has put brochures in the City library and City Hall which indicate the dates each community can. expect cable service to .be . available ..in their area. Mr. Childs recommended the Council only authorize the summary of the ordinance be published because -the ordinance itself runs between 80 and 85 pages and. he also suggested the second reading be waived and the ordinance adopted that evening. -12- Motion by Councilman .Marks and seconded by Councilman Letourneau to waive the second reading, approve,-.the third,. and. adopt Ordinance 1982-0.09 and to authorize only the summary of the ordinance be published. 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 COM- MUNICATION SYSTEM IN THE CITY; SETTING' FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE.; PROVIDING. FOR THE REGULATION, AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS Motion carried unanimously. Mr. Soth read .the` ordinance, he had prepared at. Council direction to limit the number of amusement devices at their existing level in the City. It was the Council consensus .that since there were at that date 116 such- mach-ines in the City and Mr.. Springfield had applied for six additional machines for Chick 's , the number of devices should- be frozen at 125. Mr. Gehan indicated that this was "the first good thing he had heard all evening" . Councilman Enrooth, indicated he -believes putting a cap on the number- of devices permitted in the City would not be out of line when the. City Attorney told Councilman .Marks the residents could sue the City to enforce its ordinances if somehow one or more licenses • than permitted were issued,. Councilman Enrooth said the responsibility for keeping track of the numbers should rest with the staff. Motion- by Councilman Enrooth and. seconded. .by Councilman Letourneau to approve the' first reading .of the ordinance limiting the number of amusement devices in the City. Since the second beer license ord- inance, 1982-010 , had failed,. that number was retained for this ordinance. ORDINANCE 1982-010 AN ORDINANCE .LIMITING THE .NUMBER OF LICENSES FOR AMUSEMENT DEVICES; AMENDING CHAPTER IV OF THE 1973 CODE OF ORDINANCES BY ADDING A SECTION Motion carried -unanimously. Motion- by Councilman Ranallo .and seconded by Councilman Enrooth to adjourn the meeting at 10 : 05 P .M. Motion carried unanimously . - Respectfully submitted, Hc1len Crowe , Secretary Mayor ATTEST: Ci y Clerk CITY OF ST. ANTHONY COUNCIL AGENDA October 12 ; 1982 7 : 30 P.M. A. Call to Order/Pledge of Allegiance. B. Roll Call . C. Approval of . September 28 , 1982 Council Minutes . D. Licenses/Permits/Petitions (.see memo) . E. Presentation of Claims . - 1. Verified Claims .(2) . 2. Dorsey & Whitney - $4 , 834 . 00 . 3. Matheny Construction - .$174.,623. 19 . ACTION: Recommend approval. F.. Reports . 1. Council Reports . • a. Mayor Sundland. d. Councilman Marks . b. Councilman Enrooth. e. Councilman Ranallo. C. Councilman Letourneau. 2 . Commissions/Departments/Committees . a.- Fire Department: September Monthly Report. b. General Election Judges . C. Police Department August Monthly Report. d. October 5th Planning Commission Minutes . 3. City Manager. a. Staff Meeting Notes - October 6 , 1982 . G. Public Hearings . H. New Business . �. Cable T.V. - Al Kaeding. I . Unfinished Business . 1. Ordinance 198,2-006 , re: hours of operation for certain businesses (.3 reading/adoption) . 49 2 . Ordinance 1982-007 , re : conditional use (3rd reading/adoption) . - �2- 3. Ordinance . 1982-0.08, re: - sale of 3 . 2 beer (3rd reading/ adoption) . 4.. Ordinance .1982-010 , re : licenses for amusement devices (.2nd reading). J. Adjournment. ell CITY OF ST. ANTHONY • COUNCIL MINUTES October 12 , 1982 Mayor Sundland opened the meeting with the Pledge of Allegiance at 7 :30 P.M. Present for roll call: Ranallo., Sundland, Letourneau, and Enrooth. Absent: Marks . Also present: Ron Berg, Administrative Assistant; William Soth, City Attorney; Larry Hamer, Public .Works Director; and Don Hickerson, Chief of Police . Motion by Councilman Letourneau and seconded by Councilman Enrooth to approve as submitted the minutes of the September 28 , _ 1982 Council meeting. Motion carried unanimously. The applications for an on-sale 3 . 2 beer license and for six amusement devices licenses for Chick 's .had been tabled by the Council September 28th .because an ordinance which would preclude the first, and another which would limit the second, .were being developed by the Council. • Both',.-ordinances were up .for their third readings to adopt and the consensus -was to table the applications until a determination of the ordinances would be made. Motion by Councilman Ranallo and seconded by Councilman -Letourneau to table action on the on-sale 3'. 2 beer license application for Chick 's Billiard Hall. Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman Letourneau to table action on the application for six amusement devices licenses for Chick 's . Motion carried unanimously. The application for the transfer of ownership of the on-sale 3 .2 beer license held by the Northgate Motel and Restaurant had been tabled by the Council September 28th for further information about the applicant. Chief. Hickerson reported staff's efforts toward determining whether the applicant is an officer of the corporation had been unsuccessful. A personal visit to the motel. found the applicant not to be present on the premises but that his offices are in Golden Valley . Motion by Councilman Letourneau and seconded by Councilman Enrooth to • table action on the transfer of the on-sale 3 . 2 beer license for the Northgate' Motel and Restaurant until the application requirements -have .been satisfied. Motion carried unanimously . -2- Chief Hickerson verified .that his department-had -completed all the necessary inspections required for starting and towing licenses . • Motion by Councilman Letourneau .and seconded by Councilman Enrooth to grant starting and towing licenses to Dick's Standard; Sroga's Standard; and to Blue Tow/Blaine, as listed. in the October 12 , 1982 Council agenda. Motion carried. unanimously. Motion by Councilman .Ranallo, and seconded by. Councilman Enrooth to approve payment- of all verified claims listed -in the October 12 , 1982 Council agenda. Motion carried .unanimously . There was a .brief discussion .of Mr. Soth ' s attendance at a special meeting at City. Hall before the . following was made : Motion. by Councilman Letourneau and seconded by Councilman Ranallo to approve payment of . $4, 834 to the Dorsey firm for legal services during August, 1982 . Motion carried unanimously. In his October 8th memorandum informing the Council that he would be unable to attend the -October. 12th .meeting, Mr.. Childs reported the inclement .weath.er- would probably prevent the St. Anthony Boulevard Bridge from being opened for- the 20. Year Reunion, October 15th. • Mr. Hamer answered questions on the work .which had been completed and discussed the Matheny Cons.truction .Co. 's billing for the .project which he confirmed did not include overlay costs . The Public Works Director affirmed Councilman"Ranallo:''s estimation that there would -be approximately $107 ,0OO .plus retainage due on the project after payment of this billing. Motion by Councilman Ranallo ,and .seconded by Councilman Letourneau to approve payment of $174 ,623 . 19 to the Matheny Construction Company. Motion- carried. unanimously,. Mayor Sundland had distributed a .copy ofa letter from Senator Duren- berger. in which he. had indicated he supports the City' s opposition to Senate Bill #2172 , agreeing it would diminish the City 's levying powers .and responsibilities for. Cable T.V. service to the community . In his cover memorandum, Mr. Childs had informed the Council that the Kenzie Terrace Senior Project had failed to get-H.U.D. financing. The Mayor read aloud. the ,letter he proposes to send to the City 's repre- sentatives in Washington D:C. questioning why projects which had been ranked 7th and 11th by- .the Metropolitan Council and local H.U.D. office -had been selected for funding over the third ranked St. Anthony project. Councilman .Enrooth said--he was anxious to have this matter pursued further since he perceives not having this project go through • might have an adverse effect on the H.R.A. project. -3- Councilman Ranallo indicated it had .been a victory for the cities when Governor Quie had changed his mind on the budget guidelines following . opposition from the A.M.M.A. The September Fire and August .Police Department reports were accepted as informational. Chief Hickerson reported -the seven police reserves who will complete their training in December would be presented to the Council to be sworn in December=14th. Motion by Councilman Ranallo. and. seconded by Councilman Enrooth to appoint the judges chosen for the General Election November 2 , 1982 , as listed in the October 12 , 1982 Council agenda. Motion carried unanimous.!-Y--!- Judy nanimousay-;Judy Makowske reported on the special Planning .Commission meeting held October 5th relative. to the application for a conditional use permit for the drive-in facility , as well as- variances for parking and signage , for the Zantigo Restaurant proposed to-.be constructed on the south- eastern corner of Apache- Plaza Shopping. .Center. She said the Commission members had been satisfied:! .that .the drive-in aspect of the restaurant, as. proposed, should be no detriment to the neighborhood since the type of food -served.-in the Mexican restaurant, would not .generate the same type of drive through .traffic as would be associated with a fast food facility , such as McDonald's . • Mr. Berg showed the site plansfor the project, including parking , landscaping and traffic- patterns which the Commission had indicated they believed had been designed so as to pose no pedestrian problems . Motion by Councilman Ranallo and .seconded by Councilman Enrooth to grant a conditional use permit to Zantigo KFC National Management Co. , which would permit -a drive-in facility for the restaurant they propose to construct .on Lot 3, Block 1 of Apache Plaza, finding as did the Planning Commission, that: (_1) The proposed conditional -use is one of the conditional uses specifically listed for the zoning district in which it is to be located. (2)_ The proposed conditional use will .not be detrimental to the health, safety, or general welfare of persons residing ,or working in the , vicinity or injurious to property values or improvements- in the vicinity. (3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of the public convenience and' will contribute .to the general welfare of the neighborhood or community . (=4)_ There was no opposition to- the proposal demonstrated either during • the hearing before the Planning Commission or the Council consideration. -4- (5) Granting this permit would. seem to be helpful to the economic welfare of Apache. (6) It would appear an undue hardship would be caused the applicants if this permit for the drive-in facility were not granted because they have indicated ..this activity accounts for 25 percent of their business . (7) The Apache management has indicated siting the restaurant in this location would not interfere with any road or traffic pattern improvements they - plan for the area in the future. Motion carried unanimously. Since there would appear to beample common parking available at Apache, Mrs . Makowske reported .the Planning Commission° had also recommended granting the requested -variance for 18 parking -spaces for the restaurant. However, . she _suggested that, .if the .Council should adopt the Commission findings as presented, the wording of #4 should be clarified to indi- cate the vehicles in the waiting line for pickup are "stacked" rather than "parked" . Motion by Councilman Ranallo .and. .seconded by Councilman Letourneau to grant a variance for 18 .parking spaces , where 52 are. required by the City Zoning Ordinance , to. Zantigo KFC National Management Company for the restaurant they .propose to construct on the southeasterly most corner of Apache Plaza finding., as did the Planning Commission, that: • (:.1)_ The firm's business studies .have indicated 25 parking spaces would be sufficient for their restaurant, but they have nevertheless agreed to provide 34 spaces . (:21' Under a verbal agreement,. the landowner, the C. G.. Rein Company , would provide any additional parking spaces which might be necessary . (3) There is ample parking immediately adjacent to- this site to pro- vide- the additional parking to satisfy the ordinance intent, and it would therefore cause an undue hardship to require Zantigo KFC Company to provide 18 additional spaces . (4). Since 25 percent of the restaurant 's business represents a drive-in facility, vehicles would be stacked up in the drive up lane for only about 5 minutes . (_5) The five, stacking spaces provided for the drive-in facility were not considered .in the 34 proposed -by the petitioners and, if they were accepted as parking spaces , the deficiency in spaces required would be reduced. (6) The intent of the ordinance probably never envisioned the appli- cation of the parking requirements to a shopping center where ample common -parking is provided at all times . Motion carried unanimously. The Planning Commission representative reported the- petitioners had decided it might be to their advantage to wait to see what treatment -5- free standing signs are given in- the proposed sign ordinance on which Mrs . Makowske .indicated the .Commission would spend most of its next meeting. The Mayor noted- some of the points of opposition to that type of signage which had been requested for the restaurant, saying although he agrees the Apache director has done an. admirable job in controlling signing for the shopping center to- date, he also shares the concerns of several Commission members that there not be a proli- feration of signage along Silver Lake Road. K— C. George of the Zantigo firm was -present but did not speak. The October 6thstaff meeting notes were accepted as .informational. Al Kaeding,. Chairman of the St. Anthony. Cable T.V. Advisory Committee, gave a progress report on the development of cable service for the North Suburban Cable T.V. service. area, which includes the City. He dis- cussed the joint powers agreement between involved cities and the revised voting structure designed to .guard against the larger cities having an advantage in the voting process which are. being developed. Although the existing North. Suburban Cable T.V. Committee will be disbanded at this point, Mr. Kaeding said another similar committee would necessarily have to be - developed -to act on the behalf of the munici- palities in the administration-.of the franchise and local cable access . Mayor Sundland indicated he . agreed there should be no elected officials serving on this panel and .that. it would be much better to have the City collect the fees rather thanthe cable firm. Councilman Letourneau served with Mr. Kaeding on the City 's .advisory committee and recommended the City avail itself of- Mr. Kaeding's expertise and experience again when the new committee is formed. Staff was requested to send award certificates -to the outgoing members of the St. Anthony advisory body. Motion by Councilman Letourneau. .and seconded -by Councilman Ranallo to affirm the Council 's intent. of. making Al Kaeding the City ' s first appointee to the commission which would be formed to administer the cable franchise when the service is in. Motion carried unanimously. The ordinance which would limit the hours of operations for recreational type businesses was before the Council for a third reading to adopt and the .City Attorney confirmed that no further changes had been made since the last meeting. Dennis Cavanaugh., Vice President of Planning for the C. G. Rein Company , managers of Apache Plaza, indicated that, although at .one time his firm had been concerned about. this ordinance , their main concern had always been the City"s intention.- to change restaurants , . delicatessens , and cafeterias from uses which were permitted in commercial districts to conditionally .permitted uses under the City Zoning Ordinance. Motion by Councilman Ranallo and seconded by Mayor Sundland to approve the third reading and adopt .Ordinance 1982006 . ORDINANCE 1982-006 AN ORDINANCE RELATING TO BUSINESS REGULATIONS; LIMITING THE, HOURS OF OPERATION OF CERTAIN - BUSINESSES ; AMENDING THE 1973' CODE OF ORDINANCES BY ADDING A SECTION -6- Motion carried unanimously . The ordinance about which the Rein Company had the greatest concerns was considered next. Mr. Cavanaugh requested the Council consider the concerns stated in the October 8 , 1982 ,. letter from Ted Zinner, the Rein- Company general counsel, about making restaurants , cafeterias , and delicatessens conditional uses as well as Mr. Childs ' assessment of those concerns in his memorandum of the same - date. The Mayor indicated he perceived that .there had not always been a clear understanding as to what the major concern of Apache was relative to the ordinance changes , but he personally had always believed that any business where people congregate .and can be expected to generate levels of traffic and noise which could disturb the residents , should not be .permitted to stay .open past 1:00 A.._M., Now .that the ordinance which would assure this had passed, .the .Mayor. said he .was . inclined to agree with the City Manager that ,the City already has sufficient ordinance controls over parking, signage, etc. , for eating places which are not drive-ins , because such establishments are allowed only in commercially zoned .districts and the actual licensing is handled by the state through the county. Councilman Ranallo indicated he couldn't see why the Rein Company should be so concerned with the City ,making restaurants , cafeterias , and delicatessens conditional uses ,, since any eating place which wants to operate in the City would only have to follow the same procedure as • the Zantigo Company did because they had a drive-iii:: He told Mr. Cavanaugh that, if the proposal is presented properly , and it should be the responsibility of the leasing company to see to it that is done , it would probably take no longer than 30 .days after the Council has received the Planning Commission' s - recommendation .for the Council to hand down a decision on an application. The Councilman assured the- Apache spokes- man that the. City would always be willing. to expedite the process and shorten the delays for any proposal they might- bring before the Council . He perceives the conditi-onal useprocess as giving the City a little more control over these types of operations throughout the City than is possible for permitted uses , because through the process , the City would have some input into how the business is developed and could offer suggestions which could make the proposed facility more accept- able for the City of St. Anthony. Mr. Cavanaugh admitted his firm has had few problems with this particular Council, but. indicated the Rein Company has some concerns that a City government five, ten or more years down the line might not be as cooperative and the "intent of the -ordinance might lose something in the - translation along the way" . There -is no more room for another free -standing restaurant at Apache, Mr. Cavanaugh said, and he believes the Council is asking for more controls than it really needs for any restaurant which might open in -.the main mall in the future., whether it has an inside or outside exposure. The Rein executive reminded the Council that restaurants have come and gone within the mall for the last 20 years without creating major problems for - the City and- he believes the City would be making unnecessary work for itself through the new .ordinance. According to Mr. Cavanaugh , the Apache management' s concern* is th.at. the City might want to interfere with the planning -7- process for restaurants , cafeterias , and delicatessens perhaps placing restrictions on the size of the seating or kitchen areas . The fact that his firm must go- through the conditional use process would, in the opinion of the Apache management, "create time delays and extra expenses for prospective tenants , Apache, and the City itself which are unwarranted" . Mr. Cavanaugh emphasized that his firm would not be spending so much time on this matter, if they did not believe it was .very important. Councilman Ranallo indicated his sympathies are with Apache and he conceded that the changes in the ordinance had been .proposed primarily to provide protection .from undesirable businesses being developed in other areas of the City where the managing agent is .not so cooperative or have concerns for the residents as Apache. Mr. Cavanaugh responded that it was. unfortunate that Apache has to suffer because of -the bad experiences the City has had .with other centers . He later suggested the City might treat. Apache as a community center in its ordinance and the St. Anthony Shopping Centerfor what it is , a neighborhood center. Mayor Sundland wondered what conditions the City could impose on restaurants which are not already. addressed by an ordinance. He believes if the ordinances are strictly enforced, litter, noise , etc. would be controlled under the Nuisance Ordinance; and .the City already has ordinances which address parking; traffic and signage if any of these -become a problem. The Mayor also reminded the Council that restaurants can only be operated in commercial areas . • Councilman Ranallo indicated he still wants the City to be able to look at each. proposal to determine whether or not it might become a nuisance for the homeowners , manyof whom live very close to the- shopping centers in St. Anthony. He told Mr. Cavanaugh he perceives the reverse of his statement related to his firm having to deal with another Council in the future might be true for the City as well because the C. G. Rein Company might not always be the owners of Apache or Mr. Cavanaiugh in charge of planning. Mr. Enrooth. indicated he has mixed feelings about the ordinance changes because he recognizes there are potential concerns in other areas of the City. Mrs . Makowske reminded the Council members that much of the time spent by the Planning -Commission considering these ordinance changes had been devoted_ to .this particular ordinance and she read aloud the findings the Commission had developed which she personally believes , support including-rrestaurants, cafeterias , and .delicatessens in the use change . She pointed. out that there are residents who live within a .block of the St. Anthony Shopping Center who- could be adversely affected by the traffic. patterns established .for new ..facilities and the Commission wanted the City to be able to look closely at any proposal which might be detrimental to- those residences , including restaurants , cafeterias , and delicatessens . This should .also .be true for the Apache area be- cause there are many homes across Silver Lake Road and close to Apache • which shouldbe considered before a - recreational use is approved. The Planning 'Commission representative told. Mayor Sundland the Commission had considered restaurants as fitting into the recreational categories -8=-• because they are places where people congregate . When the Mayor :- commented ..that he couldn' t recall when all the parking places in either shopping center had been fully utilized, and said he presumed the city engineers had taken into. consideration the impact the traffic might have on adjoining residences when the centers were developed, Mrs . Makowske to.ld .h.im she was only. reading the reasons the Commission had found for changing the existing ordinance to make restaurants and- other recreational facilities conditional uses . Councilman Ranallo pointed out that the City actually has more than two shopping areas-,. with a third being the little triangular area where the Kentucky Fried Chicken restaurant is located near residences . '."He reported that. .just the previous evening -at around 10 : 30 P .M. , he had received two calls from homeowners in- that area reporting a distur- bance at th.at .particular restaurant, and said it is his opinion that it is just these types of occurrences- which the Council needs to be cognizant of- when developing an ordinance. The City official believes each type of business has its own peculiarities and with the conditional use permit, the City should -be better able to control the kinds of businesses which come in.to. the community. He agrees the City has no problem .with Apache as to egress or ingress , but nevertheless , wants the City to 'have some input from the Planning Commission before a restaurant- goes- into any of the centers , because he perceives there may be "outsiders who desire' to establish this type of business in our community who have- no .concerns about the welfare of the residents because they personally don't live here" . He would therefore not support deleting restaurants, cafeterias, or delicatessens from the • ordinance. Mayor Sundland said he could see making such businesses conditional uses could be a problem as to time for the center management because it sometimes takes .from 60 to 90 days for a proposal to go through the conditional use. process , but he could accept the ordinance either way it is written. Councilman Enrooth noted the ordinance would require an unanimous vote of those. Council persons present and suggested the vote be tabled --to the next .meeting when Councilman -Marks , who had participated in the previous discussions of the -ordinance , would be present. Councilman. Ranallo objected to .this suggestion, saying he wanted the ordinance passed that evening. He commented that .ordinances had been passed in his absence in the- past and he believes the Council has to consider more than Apache. in the ordinance , citing as an example the vacant gas station property at 33rd and Stinson where there could be numerous problems if a recreational use were put in with no controls imposed by the City. Mayor- Sundland observed this would probably not happen because there would no doubt be a problem. with parking on that limited space which. would require a variance to be addressed by the Planning Commission. Mr. Soth. recalled there had been some discussion that it might be • possible for .the City to- make a distinction between restaurants in general and restaurants- which ar.e located near residential areas , with- out redoing the whole::zoning ordinance . Councilman Enrooth indicated he would like to table the vote on the ordinance in order that this alternative might be explored more thoroughly. -9- Motion by Councilman Enrooth. and seconded by Councilman Letourneau r to table action on Ordinance 1982-007 . •v. ORDINANCE 1982-007 AN ORDINANCE .RELATING TO PERMITTED AND CONDITIONAL. USES WITHIN A GENERAL C014MERCIAL DISTRICT "C" : AMENDING SUBDIVISIONS 2 AND 3 OF SECTION 9 OF :THE' ZONING ORDINANCE ATTACHED AS APPENDIX ITO.. 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: Enrooth:;. Letourneau, and Sundland. Nay: Ranallo. Motion carried. . Motion by Mayor Sundland and seconded by Councilman Enrooth to adopt th.e ordinance which. would .in effect grant a beer license to no business except a restaurant with a seating` capacity of 50 . ORDINANCE 1982-008 • AN ORDINANCE RELATING TO THE SALE OF BEER AND LIQUORS : AMENDING SECTION 800 :00 , SUBDIVISIONS 8 AND 9 , SECTION 800:05 , SUBDIVISION 2 , SECTION 803 :00 , SUBDIVISION, 7-, AND SECTION 805 :00 , SUBDIVISION 7 OF THE 1973 CODE OF ORDINANCES AND AMENDING SECTION 800 OF THE 1973 CODE OF ORDINANCES BY ADDING A SECTION Voting on the motion: Aye : Sundland, .Enrooth,. and Letourneau. Nay : Ranallo. Motion carried. In his .October 8th memorandum,, Mr. Childs had informed the Council that a count-.of the amusement devices licenses existing in-'--.the City to date indicate ,there are 100 ; and with the six applied for by Chick ' s , the number in the ordinance regulating such licenses should be 106 rather than 125. This change was accepted. Motion by Councilman Letourneau and seconded by Councilman Enrooth to approve th-e second reading- of .Ordinance 1982-010 with the changes related to the number of amusement devices. • -10- ORDINANCE 1982-010 •� AN ORDINANCE LIMITING..THE NUMBER OF LICENSES FOR AMUSEMENT DEVICES; AMENDING ,CHAPTER IV OF THE 1973 CODE OF ORDINANCES BY ADDING A SECTION Motion carried unanimously. Motion by Councilman. Enrooth and. seconded by Councilman Letourneau to adjourn the meeting at 8:50 P.M. Motion -carried unanimously. Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST: 0" �. City Clerk •