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00-891Council File # QQ � $'�' Green Sheet # D��9 CITY OF RESOLUTION PAUL,NIINNESOTA 4� Presented By Refened To Committee: Date 2 3 4 10 11 12 13 14 WHEREAS, RK Midway, LLC, d/b/a Midway Center Bingo, has applied for a bingo hall license at 1508 W. University Avenue; and WHEREAS, a bingo hall license is currently issued to the premises at 451 N. Lexington Pazkway, which location is within a two-mile radius of 1508 W. University Avenue; and WHEREAS, Saint Paul Legislative Code §403.05 requires a minimum distance of two miles between buildings licensed for bingo halls, but §403.05(b) permits the distance requirement to be waived upon a finding by the Council that the location of the proposed site would provide economic development benefits without significant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow more than one a bingo hall within two miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee owner of an exisring licensed bingo hall within the two mile radius; and 15 WHEREAS, the Council has determined, based upon the application, written submission 16 by applicant and such testimony as may have been heard at the public hearing on this matter, that 17 the waiver requirements have been met and that a waiver should be granted; now therefore, be it 18 19 20 21 22 RESOLVED, that the applicant RK Midway, LLC, d!b!a Midway Center Bingo is hereby granted a waiver of the distance requirements contained in Saint Paul Legislative Code §403.05 and the applicarion for a bingo hall license for the premises at 1508 W. University Avenue is hereby granted. Requested by Departmeat of: EP�I�� 1� ��.�� Form Approved by City Attorne�/� By: � / '� �i.o w _� `� Approved by Mayor for Submission to Council By: Appx By: By: COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #3 Adopted by Council: Date �� 2`�7 ,2<">c�� Adoption Certified by Council Secretary OFFICE o� LIEP Date: C7REEN SHEET� Christixie Rozek August i5, 2000 266-9108 No . 10 3 74 2 1 EPARTTSFNL DIRECIWR ITY COUNCIL � 'Z ITY A1ICJRNEY TY CLERR �� ust be on rouncil Ac�Pnd hv• '°°° vOGET DZRECA�R IN. 6 MGT. SVG DIR. � �� . � y- �� 3 YOR (OR ASSISTANT) -! 1 OTAL # OF SIGNATIIRS PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution to waive the two-mile distance requirement for RK Midway, LLC d/b/a Midway Bingo Center (1508 W. University Avenue) and granting the application for a bingo hall license. ECO[MIENDATIONS: APPAOVE (A) OR REJECP (R) BRSONAL 58RVIC8 CONTRACTS MOST AN3A'SR TH8 FOLLO➢RNG: PLANNING COF4IISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a contract fOr this depaTtment? CIB Q�MMITTEE HUSINESS RSVIEW COUNCIL YSS NO STA£F _ Has this person/fiEm ever beea a City employee? DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBSECTIVE? Cuzrent City employee? YES NO laia all Y85 aaswers oa a saparata sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): idway Bingo Center wishes to occupy 1508 W. University Avenue and operate as a ingo hall. The Saint Paul Legislative Code requires a waiver by the City Council to allow more than one bingo hall within a two-mile radius. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT �F TRADTSACTION $ COST/REVENUE BUDGETED YES ND FLTAIDING SOURCE ACTIVITY NLTMBER FINANCIAL INFORMATION: (EXPLAIN) - � ��7l,"'� �'�.� C8nt2a _ _ _ _ _ _ _ - ��C .S � LUUU COURT OF APPEALS NUMBER CX-00-1838 / S� �� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM September 18, 2000 To: Council President Daniel Bostrom City Councilmembers Fr: Robert Kessler, LIEP Director � Re: New Bingo Hall At Midway Shopping Center V_�' License Staff recommends the approval of the application for a new bingo hall at the Midway Shopping Center, because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00-314. In consultation with David Gontarek, of the Department of Planning and Economic Development, LIEP finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or commerciai businesses. The locarion of the proposed bingo hall is ideai in that it wili generate economic activity in a heretofore vacant and underurilized azea. The physical locarion is separated from residential uses by Interstate 94 to the south, the MTCO Bus Gazage to the west, Cub Foods to the east, and the Midway Center itself to the north. LIEP also believes that the concept of obtaining the consent of neighboring bingo halls to allow a new hall to locate within a two mile radius of an existing hall does not make sense. Not only are there probiems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing arrangements. We urge your approval of the application and the proposed legislation that allows for the waiver. Please let me lrnow if you have any questions regarding this proposal. cc: Ivlayor Norm Coleman Deputy Mayor Susan Kimberly Christine Rozek Paula Maccabee, David Gontarek COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #4 ao- �Q� NIINLJTES OF TI� LEGISLATIVE HEAAlNG MIDWAY CENTER BINC�O - 1508 UNiVERSITY AVENUE WEST Monday, September 18, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer Staff Ptesent: Dave Nelmazk, License, Inspection, Environmental Protection (LIEP); Christine Rozek, LIEP; Larry Zangs, LIEP The meeting was called to order at 10:02 a.m. Gerry Strathman stated this meeting is being held to heaz objections to a license by RK Midway LLC. Christine Rozek, Deputy Director of LIEP, reported this is an application for RK Midway LLC, doing business as Midway Bingo Center at 1508 University Avenue West in the Midway Shopping Center. Licensing has approved the application. Fire inspection will approve this upon final inspection. Zozung has questions about pazking information. Larry Zangs reported the pazking looks fine, but he needs some eaplanation on some of the numbers. He will defer his decision on the parking until he heazs from the applicant. Ms. Rozek stated this bingo hall is within two miles of an existing bingo hall. There wili need to be a resolution to waive the two mile distance requixement. Also present is Dave Nelmazk who deals with gambiing licenses in case there are questions about the gambling aspect of the bingo hail. Don Ludemann, President of Snelling Hamline Community Council, 1573 Selby Avenue #311, appeared and stated neighbors haue expressed some concerns. His understanding is the hearing today only addxesses the application by RK Midway to operate a bingo hail. He asked would there be another hearing regarding the other four tenants because the letter he sent in objection addressed the gambling licenses as well. Gerty Strathman stated the fact that Mr. Ludemann wa: objecting to the gambling licenses got missed. He asked could the gambling license applications be dealt with this morning. Ms. Rozek responded present aze representatives from all the organizations that intend to conduct charitable gambling. Mr. Strathman stated he will deal with the bingo hall application and the gambling applications at this meeting. The only people to come to these public hearings are interested parties and the interested parties aze here. Mr. Ludemann stated it is a business friendly neighborhood. The community council was notified in August when many residents were on vacation. Paula Maccabee offered to come to their board meeting to help eaplain things, but the organization was unable to accommodate her. The waiver requirement reads that a waiver will be granted when it will provide economic development benefits without significant negarive impact on residenrial or commercial uses. Mr. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #5 do-$9r MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 2 Ludemann asked will that be a Ciry Council issue. Mr. Strathman responded he would not hold a legislarive hearing on the waiver issue; that would go directly to the City Council. Mr. Ludemann stated University United is a group of district counciis all along University Avenue. The Midway Chamber of Commerce is also a member. They were involved in the development of two guidelines. One of those guidelines encourages vacant buildings to be rebuilt and vacant lots to be redeveloped as quickly as possible so there is not an appearance of neglect on the avenue; therefore, he is happy that RK Midway is going to fili some of the space. One concem is the pazldng in the south lot and that the bingo hall would get in the way of redevelopment of that lot. Mr. Ludemann requested an annual renewal so that future development of that lot would not be delayed. He asked does this license have a term. Ms. Rozek responded it is renewabie in two years. Mr. Ludsmann wants to min;mize massive asphalt in the parking 1ots. The design outlines suggest trees should be planted in pazking lots: one tree per every 25 parking spots. He would like RK Midway to consider landscaping to make it more aestherically pleasing. Mr. Ludemann is also concerned about people preying on the bingo players. He would like to know the plans for security, cameras, lighring. Also, he is concerned about signage. He hopes it does not add to the clutter of the signage on the avenue. The following appeazed: Paula Maccabee, consultant to RK Midway, and Joe Finley, attorney and applicant. Ms. Maccabee stated the design guidelines encourage vacant buildings to be filled to avoid the appearance of neglect. The ordinance looks at the potentiai of waiver when it provides economic benefit. The bingo hall is filling 2,000 square feet of space that was vacant for 15 years. The current estnnate of nnprovement to bring this properiy up to code is about $700,000. According to the University design guidelines refened to by Mr. Ludemann, this part of University is suppose to be a regional shopping center. This bingo hall will bring in about 15,000 customers a month, many of whom are middle class working people and many aze women who will make a whole day of shopping or eating out. Ms. Maccabee stated this bingo hall is unlikely to have an impact on neighborhoods. It is more than 750 feet away from the neazest residence; therefore, some of the concerns that may apply in other neighborhoods about lraffiq do not apply here. Also, it is tucked at the back of the center; the concern about visibiliry and perception will not take place here. Potential redevelopment is a concern of the developer also, stated Ms. Maccabee. RK Midway has made significant investrnents in lighting and in trees. "I`he reason there is not a plan submitted for landscaping is because it might interfere with potential redevelopment. (Joe Finley gave Gerry Strathxnan the following: drawing of signage, zoning map area, a composite site plan, pazking calculations, a copy of the deed to prove they own the center, certificate showing ownership, and the plat filed.) COURT OF AppEAI,S NUMBER CX-00-1838 oa -��I MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 3 Joe Finley explained the location of the bingo hall in conjunction with other businesses in the azea The bingo hall is not neaz any residential development. RK Midway had proposed several things for the back lot, but there was a pollution issue there. Now the poilution has been handled, and the back lot can be developed. They have run several parking scenarios with a bingo hall, hotei, and restaurant being built. They have also run the pazking figures and haue come up with 1,408. The e�sting lot has 1,396. Their goal is to redevelop the five acre piece of land. Mr. StraUunan staxed the signage looks consistent with other signs on the building. Tom Bina, contractor, responded it will be similar to other signage on the Midway Shopping Center. Michael Michlitsch, 3870 Effress Road, White Bear Lake, appeared and stated he is currently representing the charities moving into the proposed site. The four charities have been invoived for at least nine years, specifically in bingo and pull tabs: 1) Midway Training Services offers services to people with developmental disabilities, 2) Midway Transportation provides transportation to people with disabilities, 3) Church of the Holy Childhood, and 4) St. Mary's Greek Orthodox Church. They currently all hold a Class A license at Midway Bingo Palace on Lexington and University. All four organizations depend on the funds from charitable gambiing. Mr. Michlitsch assumes the security at 1508 University wiil be snnilar to the Lexington and University site in that it will have a uniform securiry person during the evening sessions to assist any customers that would like to be wallced to a vehicie. They have had few problems in the last nine years. The bingo hall will also use a private security service and off duty Saint Paui Police Officers. Midway Shopping Center also has security in a vehicle availabie in the evenings. NIr. Ludemann stated this will be an entirely different environment. There will be more tr�c and more crime. Mr. Finley responded he believes that most of the people in the Midway Shopping Center aze good people and shoppers. Crimes of opportunity wili decrease because there will be more witnesses. The bingo operation will be located in the center. This is a true economic benefit to Midway Shopping Center and the whole community. People who are lransportation disadvantaged can now make a trip to the bingo hall and go shopping. Mr. Finley has represented the owner of the shopping center for years; if there is a problem, the owner will address it. Mr. Finley hopes Mr. Strathman wili not lose sight of the fact that this is a pernutted use. This space is an eyesore right now and cannot be rented. It will be gutted, a new exterior added, and new bathrooms. Ms. Rozek asked about an on site manager of the facility. Mr. Michlitsch responded it has not been decided who will be the manager, but there will be one. Ms. Rozek asked about hours of operation. NIr. Michlitsch responded they propose to be open seven days a week. Doors would open at noon, bingo would start at 1:00, and be ovez with at 4:00. Doors would reopen again at about 6:00 p.m. and bingo would start at 7:00 and again at 9:00. People will be out of the hali by 11:00 p.m. They have talked about hauing a late night COURT OF APPEALS NUMBER CX-00-1838 ��-Stl MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 4 session at 11:00 p.m. and people would be out by 1:00 a.m. However, they aze lunited to 21 sessions that they can be open in a week. Ms. Rozek asked about lighlang. Mr. Michlitsch responded there will be a new entrance with sufficient lighting. Midway Bingo will use 130 to 135 pazking spaces on their busiest night. He would assume all those people wili pazk close to the building. At least 1/4 of the space is within a short walking distance of the front door. Mr. Bina stated the landlord has provided adequate lighting in the facility. There is pazking lot lighting in the back right now, which should be adequate. The landlord is concerned about safety also and said he would take any lighting and quadruple it. Daue Nelmazk reported ihere are no outstanding obiigations against the four charities. They are good citizens in the community. Ellen Watters, President of Midway Chamber of Commerce, appeared to speak in support of the license application. The neighborhood's concerns have been articulated and addressed. This business will add to the potential of redevelopment. This location provides a good opportunity for the continued health of the bingo hall users and the potenual for redevelopment of the site. The increased activity that the customers wiil bring is a positive in terms of increased purchasing and activity. As for crime prevenfion, the more people around, the more positive environment is created. Lighting and security are ixnportant. A beat cop is working from 10:00 a.m. to 7 p.m. If crime becomes a huge problem, the Chamber of Commerce will be in line with the neighbors saying this needs to be fixed. Ms. Watters stated Midway Training Services is an important pariner in the confinued health of the Midway. They help the Chamber of Commerce pick up shopping carts in the area and trash. Mr. Strathman asked is the parking adequate. Mr. Zangs responded it is. Gerry Strathman recommended approval of this license application. He understands all the issues raised. It seems the applicant has sa6sfactorily addressed the issues. The signage seems appropriate. The security plans seem reasonable. He understands the reticence about doing landscaping in the parking lot because of poten6al development. Location makes parking less of a visual problem than in a more residential neighborhood. There is no reason to limit the license beyond the customary term of two yeazs. There will be another resolution for a variance from the required two miles between bingo locations, but that will be a public hearing before the City Council. T4ie meeting was adjourned at 10:54 a.m. (Note: Larry Zangs retained some of the items given to Gerry Strathman at this meeting.) rrn COURT OF APPEALS NUMBER CX-00-1838 '3 - 0g:58 �CIRTED f�RCHITECTS . nnema ca �e Re: Midway Cantet gy Jim Cox Date � Project No. 20t0.00 oa -�� COURT OF APPEALS N[JMBER CX-00-1838 DOCUMENT #6 A review of the current center tenants space and proposed tenants is as follows: SCIiEME 'C' Retail Common HalUCira Office Fast Food Restaurant Sowting Bingo 90 Guest inn Restaurant (out lot i14) Area 242.244! 28� 3200 / 5000 2427 / 350 sa�ai��o 'I 1612/125 32 lanes x 4 Parking 865 1 7 31 � �`�S' J � 128 10,000 / 75 133 � � sa �b�,1��0�' 6000 / 100 80 Tatat Required Existing Statls �44� (� TS 1396 �5� ; '(�ay�. ea 0. 1Z�u��-Q-- �5-1-�-�"��C.' �s..a.� '� Lv '{., un�,�,l,cQ. ct,�� b"'� 1.LO.,E.9,. TM b.eelaD.d �nehReew Wc. A Ccx/9uefow ComPa^Y 241 SouD� devaMrW Avenue Sai�t pa�. M'innesota 55105�1299 TeleD� 851l698•0808 Facstrr�fie 85'l/898�0459 emau raaeraarcA.eom f1.� � a ca.. w� � � � �. w,�s � �,I� �.' �t'' � � � c.s w-�-t( a.d F+� " ba�l��k. � MPR 29 2000 09�52 651 698 6459 651 698 0459 P.06i07 � The �lssoci�ed Arch�ects PRGE.06 09�58 ASSOCIQ7ED FlRCHITECTS � �- �. r: ��` .�.IX''_`."� ... \." I/ V t ' � -� — � � / . � i % - {' i I ! f I' � _ �� I I� I � r i SITE PLAN ALTERNA7E 1. r=sa ° xt ^ i I � ��T� � � a�7 x OK ; � �� ` ��' � §� � I � �I 1 ' '� hWR 29 2000 09�5 COURT OF APpEALS NiJMBER CX-00-1838 s f �� u � � �� 651 698 0459 P.fl?i0? 651 698 8459 �� .`. -., _ '• ZONING CODE rectly with customers. All goods produced on the premises shall be sold at retal oa the premises where produced. (2) Escept for off-street par�ag or loading, all business, storage, servicing or process- ing shall be conducted within completely enclosed buildings. (Code 1956, § 60.483; C.F. No. 92-1479, § 4, 12-15-92) Sec. 60.524. Principal uses permitted sub- ject to speciai conditions. The following additional uses shall be permit- ted, subject to the conditions hereinafter imposed for each use and subject to the standards specified for all special condition uses as set forth in section 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) Publicly owned buildings; public utility buildings; telephone eschange buildings; electric transformer stations and substa- tions; gas regulator statians with service yards, but without storage yazds; water and sewage pumping stations. (2) Railroad right-of-way, but not including terminal freight facilities, transfer and storage tracks. (3) Hospices serving sixteen (16) or fewer facility residents. (4) Shelters for battered persons or transi- tianal housing serving siateen (16) or fewer facility residents, provided they are not located in a planning district in which one (1) percent or more of the population lives in licensed human service community res- idential facilities, licensed correctional rnm- munity residential facilities, health de- partment-licensed community residential facilities, transitional housing, shelters for battered persons, emergency housing or overnight shelters. (5) Cellulaz telephone antennas located on a freestanding pole, as regulated in the OS-1 district, section 60.514(6)a. through g. Supp. No. 41 _� oz�!�� . # 60.532 (6) Accessory buildings, structures and uses customarily incideat to the above permib ted uses. (Code 1956, § 60.484; Ord. No. I6956, 3-9-82; prd, No. 27039, 7-7-83; Ord. No. I7845, $ 23, f>.27-91; Ord No. 17894, § 2,12-3-91; C.F. No. 93-1718, $� 36, 37, 12-1493; C.F. No. 93-1815, § 1, 12-2&93; C.F No. 97-565, § 9, 6-21-97; C.F No. 99-750, § 3, 9-1-99) Sec. 60.525. Area, bulk and setback require. ments. See Chapter 61, Schedule of Regulations, lim- iting the height and bulk of buildings, the mini- mum size of lot by permitted land use, and providing minimum yard setback requiremeats. (Code 1956, § 60.485) Subdivision 3. 60.530. B-2 Community �usiness Distrirt � :,�, �^�' � Sec. 60.531. Intent The B-2 Community Business District is in- tended to serve the needs of a consumer popula- tion larger than that served by the "Local Busi- ness District," and is generally chazacterized by a cluster of establishments generating lazge vol- umes of vehiculaz and pedestrian trafTc. (Code 1956, § 60.491) Sec. 60.532. Principal uses' ermitted._„<. ��.,.__��,_ � , .�� In a B-2 Community Business District the use of land, the lceation and erection of new buildings or structures, and the alteration, enlazgement and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses unless othenvise pra vided in this code: (1) All principal uses as permitted and as regulated in a B-1 District. (2) All retail business, service establish- ments or processing uses as follows: a. Any retail business whase principal activity is the sale of inerchandise in an enclosed building. 551 COURT OF APPEALS NiJMBER CX-00-1838 DOCUMENT#7 § 60.532 LEGtSLATIVE CODE �C -�9 t b. Any service establishmeat of a vet- eriaary clinic, aa office, showmom or workshap nature of a contractor (in- cluding, but not limited to, plumb- ing, heating, air conditioniag, elea trical, mechanical), decorator, dressmaker, taiior, baker, painter, up- holsterer, or an estab]ishment doing radio or home appliance repair, pho- tocopying, and similaz service estab- lishments. c. Private clubs, fraternal organiza- tions, liquor licensed establishments and lodge halls. d. Restaurants and fasGfoad restau- rants whea incorporated within a multi-use retail center and wluch do not provide drive-through window 'ce. �� e. Thea e ly halls, auction �' n4 �r-� halls :bingo�'ii"711�; concert halls, re- f ,�,.= � ception �� similar places of ` k assembly when conducted comoletely �f" within enclosed ui diags. f. Business schools, nonacademic col- leges or trade schools operated for profit. g. Colleges, universities, and seminaz- ies, and other such institutions of higher learning, public and private, offering courses in general, techni- cal, or religious education and not operated for profit; provided, that: 1. Dormitories or other graup stu- dent housing shall not be per mitted within the district; 2. When an iastitution is estab- lished in the district, the insti- tction shall be required to pro- vide the minimum number of off-street parlang spaces for em- ployees, staff, or students as set forth in section 62.103(g). The institution shall be re- quired to provide additipnal parking spaces only when the minimum number of par}dng spaces will have to be increased due to a more than Len (10) percent or three hundred (300) gain in the total number of em- ployees, sraff or students, which- - ever is less. Thereafter, addi- tional parking spaces will have to be pxovided for each subse- quent gaia of more thaa ten (10) percent or three hundred (300) in the total number of employees, stafforstudents; and 3. 'Ib determiae compliance with pazldng requirements in item 2. abwe, the institution must file an annual report with the planning administrator stating the number of employees, staff and students associated with the institution. h. Mail order houses. i. Health/sport clubs, conversation/rap gazlors, massage parlors and steatn room/bathhouse facilities which aze not adult uses. j. Food catering establishments. k. ,.. Public, pazochial and other private elementary, junior high or high schools offering courses in general education, and not operated for profit Brew on premises stores as regu- lated by Minnesota State laws. C,offee kiosks. n. Fully enclosed auto sales when in- corporated within a multi-use retail center. (3) Recycling drop-off station; provided, that the facility: a. Shall not cecupy an azea more than two hundred (200) squaze feet and shall not interfere with pazking and maneuvering requirements of the principal use; b. Shall be screened pursuant to sec- tion 62.107 if it abuts a residential use or district; Supp. No. 41 a52 COURT OF APPEALS NLTMBER CX-00-1838 �� 5 � `�, � z � � -P�-se�� ----�----- �- r � ----------'_ � 4 4 /a,/a� � �-�� -�� : � . � x � ---� � . �/��/ � / G� � �� COURT OF APPEALS NUMBER CX-00-1838 DOCiTMENT #8 _� —^ ' ! ' � ._, ,. , I �� , ,;. , _� �___ - �� .. � ;: �. i; _.� � .. . � � . _'� � . _� = -. ' T . ;• • +r .� ! ! • ` � � � J� -= B� � ��:��: , :_ �-_: � � :;" --.;�_ � . � ; � . .rI : •�• � � ' . , 1 • � _� � ,. I�i��i;j�:. i ! � + '� .�� —��,, �� ± � � _ � �� ; . � ,:. �� , � � . _ � � �� i s . '� � � ' . � � � _-_ � `\ j 1 �Y T � 5.. � �': � I , y „n ' �, �, i � � � � � j �� I � �-::... ` � J � i � ��$ �� ..�-_ _ ��' � �� r� � i l �: � �� t� �� 4 � � �� _ r--�„ ,; .� ; �°s_ - _ � *� .�� ``, ; --- .;� l.,; ; : . � -----------7 . �� ; , ;� ; @ 4 � � .q- � �u��. 1 ,�. � i i � 2! , I �� ':" ' ; '�, . ,,._ _� =,1 �. � ... ..� .� � . : :�r • • � � "� i i� • • • • `� i � , �_ .. ; 00 � �� W �V , � � � �� t �r � � �� 1 COURT OF APPEALS NUMBER CX-00-1838 DOCL7MENT #9 CTTIZEN SERVICE OFFICE F�ed Owusu, City C7erk CITY OF SAINT PAUL Norm Co[eman, Mayor i�o cxy aorr IS W. %llogg Bou[evmd SaiwiUPmd,.Hinnesata SSIQ2 TeL: 65I-266-8989 Fac 65I-266-8689 Web: Irup://www.slpauLSw 7DD: 266-8509 November 22, 2000 At the direction of Saint Paul Assistant City Attorney, Virginia Palmer, the original copies of all docmnentation relating to Council File #00-868 and 00-891 resolutions to grant Midway Center Bingo a waiver of the distance requirements in the Legislative Code and to grant Midway Center Bingo a bingo hall license, have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Nwnber: CX-00-1838. The copies have been filed as the original documents in the City Clerk's office files. r�9iG�L/L . ' it�7/'� Fred Owusu City Clerk C-� 4 // ° CN"z-2 Shazi Moore Deputy City Clerk STATE OF MINNESOTA COUNTY OF RAMSEY ss. Frederick K. Owusu, City Clerk, being fust duly sworn, deposes and says that on November 22, 2000 he served the attached: Index to the Saint Paul City Council File Nos. 00-868 and 00-891 upon the following attomey(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. Clayton Robinson Saint Paul City Attorney Virginia D. Palmer Assistant Saint Paul City Attorney Atty. Reg. No. 128995 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Robert D. Maher Best & Flanagan LL.P 4000 US Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Attomey for Petitioner /> _ c� /�' � C c l��'�— Subscribed and swom to before me this �a "`� day of ncue✓nber 20 v 6 �� Notary Public SHARI A. MOORE .� � WOTARYFt;BIfC-hl![�f$SOTA 69Y CAMMISS36N EXPIRESJAN.31,290� CITIZEN SERVICE OFFICE F2d Owusu, City GeAc CITY OF SAINT PAUL Norm Caleman, Mayor November 22, 2Q00 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 2B Constitution Avenue Saint Paul, MN 55155 Re: Oak Grove Properties, Inc. Appellate Court File: CX-00-1838 Dear Mr. Grittner: HAND DELIVERED Enclosed herewith please find an index and originals of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attomeys for Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, ��;�� /l. ��' �°� Frederick !C. Owusu City Clerk ]70CiryHaI1 Tel.: 651-266-8989 ISW.KelloggBoulev�d F¢r. 657-266-8689 S¢6u Pau{ Nfwresata 55102 cc: �rginia Palmer, Assistant City Attomey (index only) Robert D. Maher, Attorney at Law (index only) BEST & FLANAGAN LLP ATTORNEYS AT LAW Robert L Cros6v Leovard 1L Addmgmu \. l�aher Gcaff Alle� D. Bamud R�ahard A Peterson Roben L Chr�snamon. Jr. F'cenk] A�dlz }'rank bogl �larinus R 4'an Puuen. Jr. John A. Burton, & �amv c. ��a.�� 'fhomae 6. Helfelfin�,u Robect L. Mellu. l�- Moxru F, Knop( ,lud�th A. Aogosheske Sco¢ D. Bllec Chartes C. Buquist �. Se�eph LaFa�e Gvevory D Soule Cathy F Goc6n Pamck B. He�nesey Timotk�y A. Sullieau llamel R.W. _Vekon David J. Zubke Ste�en P Krugu Paul E. Kami�sla Ross C. b'ormell Caryn S Glwer Mary E Sheeven Batba�a M. Ross Catherine J. Coum�ey Jennnice M Red�ng Saceh Cuppe�.Y�sdiso� Rober� D Maher Chnemphe�D Johnson M�ohael H. Pi�k 1�u a �o�r Damel A Kap]an Ro6eri M. Lew�s Jesneue Q Roegge Den�ee M. Brvnsoo Cynthia L. Hegany 1larlene A. Petecson Wl�c6elle eergholz Fraz�er B�en W. Kens�ck� David C. bluryhy OFCOLVSEL Wa�d B Le�vPs Arohibatd Spencu [tobert M. Skace John R Carzoll 7ames D. Oleon Sco¢ P. Moen 7ames I. Bevt �wz-��ira RnLeal.FLaewgan is�sivra 4D00 liS Bank Place 601 Second A�enue South Vlinneapolis, 4lmvesota 55402-4331 Telephone 612 339 7121 Facsimile 612 339 589 � ��v.�c.besdax.com Direct Dial: 341-9732 E-mail address: nnaher@beNaw.com VIA MESSENGER October 23, 2000 Mr. Fred K. Owusu City Clerk City of St. Paul 15 West Kellogg Boulevazd St. Paul, MN 55102 RF��I�/EL� ocj 2 s 2aoo �fTY CLERK ��13�� ,(S OOOZ � z 1�0 03 � 1 �3��r Re: Oak Grove Properties, Inc. v. City of St. Paul Dear Mr. Owusu: Enclosed herewith and served upon you please find Petition for Writ of Certiorari, Statement of the Case of Relator Oak Grove Properties, Ine. and proposed Writ of Certiorari in connecfion with the above-captioned matter. Also enclosed is our check in the amount of $500 in lieu of the cost bond. Very truly yours, /l C%�' `� �/// i �� Robert D. Maher CIIIlI Enclosures 11262\951649\127502 POII�DED 1926 STATE OF NIINNESOTA IP1 COURT OF APPEALS Oak Grove Properties,Inc., Relator, vs. City of St. Paul, Responc3ent. Appellate Court No. STATEMENT OF THE CASE OF RELATOR OAK GROVE PROPERTIES, INC. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 I. Court or aancv of case orioinarion and name of presidins judee or hearing officer: City of St. Paul City Council, Dan BosYrom, Council President. 2. Jurisdictional Statement. This matter is before the Court on Relator's Petition for Writ of Certiorari and Writ of Certiorazi pursuant to Minn. Stat. § 606.01 et seq. and Minn. R. Civ. App. P. ll 5. The St. Paul City Council passed the Resolution on September 27, 2000, and the Mayor approved it on October 4, 2000. State tvpe of litieation and desi¢nate anv statutes at issue. Oak Grove Properties, Tnc. seeks judicial review of the St. Paui City CounciPs waiver of the requirement that there be two (2) miles between licensed bingo halls and its grant of RK Midway, LLC's application for a bingo hall license to be located within two {2) miles of Oak Grove Properties, Inc.'s existing bingo hall. The St. Paul City Ordinance at issue is § 403.01 et seq. and, in particular, § 403.05, Subd. (b}. 4. Brief description of claims. defenses. issues ]itigated and result below. Oak Cnove Properties seeks review and reversal ofthe St. Paul City CounciPs waiver of the requirement that there be two (2) miles between licensed bingo halls and its issuance of a bingo hall license to RK Midway, LLC for a bingo hall to be Iocated within two (2) miles of Oak Grove Properties' existing, licensed bingo hall located at 451 N. Lexinb on Pazkway in St. Paul. Section 403.05(a) ofthe St. Paul Ciry Code requires that a minunum distance of tcvo (2) miles be maintained between licensed bingo hails. The City Council may waive the distance requirement upon a finding that the location of the proposed site would provide economic development benefits without significant negative impact on residential or commercial uses, pursuant to §- 403.05(b) of the St. Paul City Code. RK Midway applied to tke Ciry of St. Paul's O�ce of License, Inspections and Environmental Protection (" LIEP" ) for a bingo hall license and waiver of the two mile distance requirement on 7uly 25, 2000. LIEP recommendec3 to the St. Paul City Council on September 18, 2000 that the application be approved. RK Midway, LLC's waiver and license application were placec3 on the City CounciPs September 27, 2000 agenda for a public hearing. At the public hearing, Relator presented testimony that waiver of the distance requirement would not provide economic development benefits and would, rather, have a negative impact on commercial uses. Specifically, Reiator informed the City Council that (1) the charitable organizations using Oak Crrove's licensed bingo hall indicated their intent to abandon their operations at that site and commence bingo occasions at the RK Midway bingo hall if and when RK Midway's license was granied and (2) there aze not enough bingo patrons to support bingo halls at both sites. The City was awaze, therefore, that the creation of alleged economic development benefiYS at The RK Midway site was really only a transfer of economic benefits from one site to the other, at the expense and to the economic detriment of Oak Grove. After the pubiic hearing, the City Council passed a resolution granting the waiver and the license. The Mayor approved the City CounciPs resolutfon on October 4, 2000. 5. Issues to be raised on apgeal: A. Whether the City Council's waiver of the two (2) mile distance requirement and issuance of a bingo hali license to RK Midway, LLC was azbitrary and capricious and unsupported by substantial evidence in view of the entire record as submitted. 6. Is transcriQt required? Yes. A transcript of the audio taped proceedings is required. If so, full or partial transcript? Full. 7. Is oral argutnent requested? Yes. If so, is azgument tequested at a location other than provided in Rule 134.09, subd. 2? No. 8. Are formal briefs nacessarv? Yes. 9. Names addresses. zip codes and telenhone numbers of attorney for appellants and res�ondents. ReIator Oak Grove Properties. Inc.: Frank J. Walz Caryn S. Glover Robert D. Maher BEST & FLANAGAN LLP 400 U.S. Bank Place 601 Second Avenue South Minneapolis, Minnesota 5�402 (612)339-7121 Respondent Citv of St. Paul: Vizginia Palmer Assistant City Attorney 15 West Kellogg Boulevard Suite 400 St. Paul, MN 55102 (651)-266-8710 3 Dated: !� y3 Respectfully submitted, BEST & FLANAGAN, LLP B / Frank J. Walz (Atty. eg. # 114327} Caryn S. Glover (Ariy Reg. #183040) Robert D. Maher (Atty Reg. #220863) 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR RELATOR OAK GROVE PROPERTIES, INC. ACKNOWLEDGEMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. Stat § 549.211, Subd. 3. //��' �' _ /` ` iz�zo� r � . RECEIVED �CT 2 3 200Q CiTY CLERK Oak Grove Properfies, Inc., vs. City of St. Paul, STATE OF MINNESOTA IN COURT OF APPEALS Petitioner, Respondent. Appellate Court No. PETITION FOR WRTT OF CET2TIORARI Date of City Council Decision; September 27, 2000 Date Approved by Mayor: October 4, 200Q TO: Frederick K. Grittner, Clerk of the Appeliate Courts, 305 Minnesota Judicial Center, 25 Consritution Avenue, St. Pau1, Minnesota 55155. The above named Petitioner hereby petitions the Court of Appeals for a Writ of Certiorari to review a resolution by the City of St. Paui, St. Paul City Council, dated September 27, 2000, granting the request for a waiver of the requirement set forth in Saint Paul Legislative Code §403.05(b) that a minimum distance of two (2} miles be between buildings licensed for bingo halls and granting the application of RK Midway, LLC for a bingo hall license. This appeal is pursuant to Minn. Stat. § 606.01 et seq. and is based upon grounds that the Ci1y Council's resolution is arbitrary and capricious and unsupported by substantial evidence in view of the entire record as submitted. Dated: / v 2 0 � Respectfuity submitted, BEST & FLAiti1AGAN, LLP By i ��i�ti� Frank J. Walz (Atry. Reg. #11432'� Caryn S. Glover (Atty Reg. #183040) Robert D. Maher (Atty Reg. #220863) 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR PETITIONER OAK GROVE PROPERTIES, INC. - ACKNOWLEDGEMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. SYat § 549.211, Subd. 3. , � i27i26 �CT-26-29�� 09�1E CITIZEN SEP.VICE OFFICE 612 266 8689 P.62i62 �ouncu rue .-� vp � 4 -� � Grccn Shcct m �/ �79,� RESOLL'TION CITY OF SAINT PALZ, iV1IN:VESOTA 4� Presented � Referred To Committee: Datc 1 WHEREAS, RK �lidway, LLC, d/bia Midway Center Bin�o, has applizd for a bingo hall 2 ficense at 1508 W. University Avenue; and 4 WHEREAS, a bingo hall license is currently issued to the premises at A51 N_ Lexington 5 Pazkway, which location is within a two-mile radius o£ 1508 W. University Avznue; and 10 11 12 ]3 14 1� 16 I7 18 19 20 21 22 WITEREAS, Saint Paul Legzslative Code §403.05 requires a minimum distance of two miles bctween buildings licensed for bingo fialls, but §403.05(b) peimits the distance requirement to be waived upon a Fnding by �e Council thal the location of the proposed site would provide economic development bznefits witbout siguificant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow more than one a bingo hall within t�vo miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee ownzr of an existin� licensed bingo hali within the two mile radius; and WHEREAS, the Council has determined, based upon the application, written submission by applicant and such testirnony as may havc becn hcard at the public hearing on this matter, that ihe waiver requirements have been met and that a waiver shonld bz granted; now therefore, be it RESOLVED, that the applicant RK Midway, LLC, d/b/a l�iidway Center Bzngo is hereby granted a waiver of the distance zequirements contained in Saint Paul Le�islative Code §403.05 and the application for a bin�o hall license for the premises at 1508 W. liniversity Avenue is hereby p anted. �eevesced by �epart;nent o:: i ��`' � '-/' �orm apnrcvad by Cicy acco:r.e�� By � Sae. .��.� apprcved b V M3yGZ °OY `11bin>33:OR LO COUriCl; H.�: �^� (� � .'-.Dpro.�ed by Hayor: Da[e � �l.�(}'� B�•: eY: T�TAL P.�.=. adop[ad by Couacil : D�te �_ �. 2 r / J-/-� e�� —�°� ^—_> Adoocio^_ Cer�iiied �f Cc_^.cl'- SecreLdTy STATE OF Pv1INNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, Respondent. Appellate Court No. WRIT OF CERTIORARI Date of City Council Decision: September 27, 2000 TO: City of St. Paul, City Cierk, 15 West Kellogg Boulevard, Suite 170, St. Paul, Minnesota 55402. You aze hereby ordered to return to the Court of Appeais within ten (10) days from the date the Relator's brief is due the records, e�ibits and proceedings in the above-entitled matter so that this Court may review the City Council Resolution dated September 27, 2000 and approved by the Mayor on October 4, 2000, where the St. Paul City Council granted the request for a waiver of the requirement that a minimum distance of two (2) miles be between buildings licensed for bingo halls and granted the application of RK Midway, LLC for a bingo hall license. Copies of this Writ and accompanying Petition shall be served forthwith, personaily or by certified mail, upon the City of St. Paul and its Assistant City Attomey, Virginia Palmer, 15 West Kellogg Boulevazd, Suite 400, St. Paul, Minnesota 55402. Proof of service shall be filed with the Clerk of Appellate Courts. Dated: CLERK OF APPELLATE COURT By �nis� � N � � _ � '� w � w _ � � •' ru o � 3 r z O r a � ❑ > p z � Q T �'� O � � � D Q7 S � � u� S P1J � �. � W D � ; r �o m a O i << � 00 o� �m � � � 0 � �i > C r G � G ➢ r m � m 0 c � > � * � < .� z b � C z d 0 0 0 0 C O t � � iE � .. 0 N � O y �m O H> n ° oo jc O y � ! � � � �� , r"r ` ' ��. ` � z z;� � 9 n � � � C c�r�� N � � W ' � G � Z z � �NC� N � � j � O O T � C w '—' � m Z Z z , >oo � o-= -�� o jOD c ;�> ti=�� , z m � O � y � N C.SI � � W w BEST & FLAN�GAV LLP ATTOR\EYS.?T LaW" ao�,rn c. c��.i>, ix��a�a u. iad�� „ v �vai�r�c��a .Allen U. Barnard Richned 3. Pelerson Robra J. Chn�pamon. ]�- FrankJ.\�aL Pmnk Voel ��,�,�,„ ��„��„��.�,.i� J��Ln.t. Bun�nJr J.,,"r U��s.l<, '1'Lonias Ii Hi�firlfn�,aer liubrnl.. Afelle�.�� N�mn E. hniip! ludith> 6o_mLe.f,e ,�„�� u. r;w-� r.i��,dr, c. i;,��.i i:.J��.r„i, i.�t��- r,��., u. ��,�n Cnihv F_ c.��di�i Pnwo-A R. H�-��nr..� "IAmoiL. 1. anlln.�n u��r� �; �� ,.�.�„� ��,�� . z„�,�� ,«�r�� ,.+.��, r�,a i... �.��„��,.ti� it�,., c H,��u c„��s c,�,�� Nan F.�L��.uen Rmbar�q 1{,�,� (.at6Nnn�-J- Cm�nm�. �eanR��e ��Zei{in5 drd�i G�ppen ��ddi.on Itobr.n D, ll.J�e� ci,��,�oNi�F� o. i�i��.�� V��6arl H Pinf. LII 13. I,�uu Damel { I:npinn aoi�ert �� t.�„��s Jea�ette 0. Ror;�;e Dem,r VI. ftrun.on Cvnihis I . Heran. Nadrne 4 Peleov�n \h��hrllr Rrrv,;holi P'raner 13nan R' hrmieki Da.ul(.. 1lurph� OPCUlb41. l4anl B 1.en"v� drehibeld 3prn��rr Itohen 11. 5kace Joh� N. Cavmll James D Ukon �a ou P. lloen J��ne� 1. I3,>t 1'nn.I W"� Ruben 1. 4�an.�n inrkio; i 4000 li5 Bank Place 601 �econd �venue �outh Hinneapolis, �finne,o[a i.i�}02-4331 Telephone 612 339 . Facsimile 61=> 339 �39 i www.besdaw.com Duect Dial: 341-9732 E-mail address: Imahet@bestlaw.com VIA MESSENGER October 24, 2000 Mr. Fred K. Owusu l�,lfj' lllel�t Clt}' Of .�t. P2i11 15 West Kellogg Boulevazd St. Paul, MN 55102 Re: Oak Grove Properties, Inc. v. City of St. Paul Appellate Court No. CX-00-1838 Deaz NIr. Owusu: �tECEi'✓E� �l�P 2 � L�QQ �.�rv �LER� Enclosed herewith and served upon you please find Writ of Certiorazi in connection with the above-captioned matter. _ Very truly yours, � //`i' � Ro ert D. Maher CI111I' Enclosure 11262\951649\127502 fO�NDEU I)LG STATE OF IvffNNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, /1ppF A7-�F� �F ° � r 2 � 2000 �i� E� Appellate Court No. C'.X -�- j$-� g' WRIT OF CERTIORARI Respondent. Date of City Council Decision: September 27, 2000 TO: City of St. Paul, Ciry Clerk, 15 West Kellogg Boulevard, Suite 170, St Paul, Minnesota 55402. You aze hereby orderad to rattiun to the Court of Appeals within ten (10) days from the date the Relator's brie£is due the records, e�ibits and proceedzngs in the above-entifled matter so that this Court may review the City Council Resolution dated September 27, 2000 and approved by the Mayor on October 4, 2000, where the St. Paul City-Council granted the request for a waiver of the reqnirement that a muumum distance of two (2) miles be between buildings licensed £or bingo halIs and granted the application of RK Midway, LLC for a bingo hall licensa. Copies of this Writ and accompanying Petition skall be served forthwith, personally or by certified maii, upon the City of St. Paul and its Assistant City Attomey, Virginia Paimer, 15 West Kellogg Boulevard, Suite 400, St. Paixl, Minnesota 55402. Proof of service shall be filed with the Clerk of Appellate Courts. Dated: _(� p 127157 CLERK OF APPELLA3'E C4URT B �-'- -� BEST & FLANAGAN LLP ATTOR\EYSAT LAN 4000 US Bank Place 601 Second 9�enue South �lirmeapolis, �4�nnesota ��402-4331 Telephone 6123397121 Facsim�le 612 339 5897 S�n.-�c.besda�v.com E-Mail Address: celover(cr�.bestlaw.com Robert L Crosby �RO�a� �t..�aa��o� � ��ei�e�cr�e Allen D. Bamard fLche�d d. Pereoson Nobert7. Chnshannon.7r F�a�k J. aa�� Fce�k Vogl blaunus R'. Van Putcen, Jr JohvA 13uimq]r James C Dmaeles ThomasB HeHel6ngec Rabert L. Melle�,.lr Moms E Knop( Judith 9. Nogosheske s�un su� Chades C Becqummt E. ]oseph laFe� e Greoory D So�ile Cathy E Godm Yamek B. Haaaessy Tunothy A. Sulin an Damel R N Veleon Dav�d 7. �u6ke Sie�eu A Kruger Paul E Kaminski Roee C. Forniell ce cio�e� �a� e. sh��e� Ba�b�a M. Ross Catheo�eJ.Conrt�ey leanmce M Redm; Sa�ah C�ippe� �7ad�son Robert D 1lehec CbnsropherD )ohnwo M��he�l H. P«k h➢ B Laorz Gamel d. Rapla� Robert Yl.7zw�c Jeanene O. Roegge Demsel[ Bruvson C�mhu G. HegMy \7acle�e 4.Peteroon Vhrhelle Be��olz Fiu�e� Bnau IX! Kens�rk� Aavid C �Iu�phy GFCOC]SBL �S'ard R. Le�v�. 4�ch�bald Spenaer 2oben M. Ska�e Jd�n R. Ca�r�ll .lames R Olson Scott H Moen .lames I Beat 19Jh]965 RoAertJ.Flanaga� ia�eiecn Mr. Fred K. Owusu City Clerk Cit�,� of St. Pau! 15 West Kellogg Boulevard St. Pdul, MN 55102 RE: Oak Grove Properties, Inc. v. City of St. Paul Appellate Court No. CX-00-1838 Deaz Mr. Owusu: ��T F ��y�� , ��0 ��' I October 26, 2000 Pursuant to Minn. R. Civ. App. P. 115.04, subd. 2, Relator Oak Grove Properties, Inc. hereby requests and orders a transcript of the audiotaped proceedings before the City Council in the above-referenced matter. Please contact me at your earliest convenience so that we may make appropriate fmancial arrangements for the transcription of the audiotape. Thank you for your courtesy. Ve2y t77Uly yOUT'S� � i� • /� � !� / Caryn S. Glover CSg�YyS 127783 I FOGnDEDl925 STATE OF MINNESOT COURT OF APPEALS NOTICE OF CASE FILING Trial Court Case #: Case Type: Agency Review ST PAUL CITY COUNCIL SUITE 170 15 WEST KELLOGG BOULEVARD ST PAUL MN 55402 Case Title: Oak Grove PropertieS, Inc., Relator, vs. City of St. Paul, Respondent. * �� o O� �i You are notified that case number CX-00-1838 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, please include your Attorney Registration License number on all filings. The appendix to your brief must have pages numbered consecutively from beginning to end and must contain an index. Failure to comply may result in rejection of the appendix. This office will send notice to the Trial Court Administrator when transmission of the trial records and exhibits is required. *** Appellant must promptly order transcript within 10 days and file completed certificate within 10 days thereafter. Minn. R. Civ. App. P. 110.02. *** ORIGINAL AND ONE COPY OF THE REVISED FORM 133 STATEMENT OF THE CASE ARE REQUIRED (SEE AMENDED RULES OF CIVIL APPELLATE PROCEDURE FOR CORRECT FORM). PURSUANT TO THE COURT'S ORDER, ANY DEFICIENC?ES NOTED NNST BE REMEDIED WITHIN TEN DAYS. FAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RULES, COURT NOTICES, AND ORDERS, MAY RESULT IN TAE IMPOSITION OF SANCTIONS. Dated: October 23, 2000 BY THE COURT: Frederick K. Grittner Office of Clerk of the Appellate Courts 305 Minnesota Judicial Center St. Paul. NIN 55155 Transcript of St. Paul City Council Meeting September 27, 2000 TABLE OF CONTENTS Testimony ofRobert D. Maher......--• .............................................•---.................. 2 Testimony of Don Ludemann.....-•-•-•----�--•--• ........................................................ 6 Testimony of Paula Maccabee .............................................................................. 9 Testimony of Ellen Waters ................................................................................. 13 Testimony of Bazbaza Kale ... .............................................................................. Testimony of Jerry Penon ...................................................................................18 Council Secretary: Item 48, Resolution 00891 Waving the rivo mile distance requirement for RK Midway d/b/a Midway Bingo Center, 1508 West Uruversity Avenue, and granting the application for a bingo hall license. Council President Bostrom: Mr. Kessler. Kessler: Mr. President, members of the Council. In regard to the new bingo hall at Midway Shopping Center, license staff recommends the approval of the application at the Midway Shopping Center because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00314. L.I.E.P. staff, in consultation with David Gontazek of the Departrnent of Planning and Economic Development, finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and under-utilized azea of the shopping center. The physical location is sepazated from the residential uses by Interstate 94 to the south, the MTCO bus garage to the west, Cub Foods to the east and the Midway Center itself to the north. L.I.E.P. also believes that the concept of obtauung the consent of neighboring bingo halls to allow a new bingo hall to locate within the two mile radius of an existing hall does not make sense. Not only aze there probiems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing agreements. We urge your approval of the application of the proposed legislation that aliows for the waiver. I'd be glad to answer any questions regazdin� this that you might have and am also awaze that there are others here that wish to speak to this issue. Bostrom: Are there any questions of staff before we begin the public hearing? Alright, thank you Mr. Kessler. This is a public hearing and I just advise folks we a11ow 1� minutes on each side. With something like this you don't have to take it but that's whaYs available, so what we would ask is that anyone that is in opposition to this, if you would like to address the Council. Maher: Good evening. Council President Bostrom and the City Council, my name is Bob Maher. I'm an attorney at Best & Flanagan and I represent Oak Grove Properties and Jim Riley. Jim Riley owns the commercial space at Lexington and University which includes a licensed bingo facility as I am sure most of you know. We oppose this request for a waiver. Mr. Riley has operated bingo at his site for 9 yeazs with four charities as his tenants. If the Council grants this waiver, it is our position that Mr. Riley will no longer be able to operate a bingo facility at this site. The reason being is that Mr. Riley's four tenants, these charities, have 2 indicated that they aze going to move their bingo sessions from his spot at Lexinb on and University down the street to the new Midway space, if it is licensed. And there simply aze no other chariries expressing the desue to take their place, or even to enroll now, so Mr. Riley wiil have to close his doors. That is why we oppose this request for a waiver because rather than providing an economic benefit, as the ordinance requires before you can grant the waiver, this waiver wiil simply move an existing economic benefit down the block, and there is no justification for depriving the Lexington and University azea of these benefits. On the contrary, there probably is more commercial vacancy at that end of University than at the Midway end of Umversity and perhaps a greater need for a commercial presence on that end. It would be one thing if RK Midway's application for a waiver were supported by four other or three other, or even one other charity, besides the chazities that are currently Mr. Riley's tenants, which were perhaps looking to get into the bingo business. Perhaps then maybe you would have an argument that an additional bingo facility would add an economic benefit. But that isn't the case here. Besides these four charities, there simply aren't any other charities clamoring to get into bingo, which is probably not that surprising given the proximity and proliferation recently of casino gaming and track betting over the last few yeazs. The point is that this azea simply can't support two bingo halls and the economic benefits of a waiver that are being discussed here are already present in the site that you have. If you grant the waiver, you will be filling a large vacancy on Snelling but creating an equally lazge vacancy on Lexington. And you'll be bringing thousands of bingo customers to Snelling every month but at the expense of those, iYs the same bingo customers. They'll no longer be going to Lexington. So it really has a net zero effect on sales tax revenue or properiy tax revenue or TIF support. And all of this has to be contrary to the intent of this ordinance. The ordinance says that only under special circumstances should the Council grant a bingo license within two miles of an existing facility, licensed facility. And the best reading of that ordinance is that these special circumstances require the waiver of the distance requirement to create an economic benefit, not to simply move the same economic benefits down the block. We submit that is the effect of this waiver. And there's another problem. For years, Mr. Riley has been trying to develop more of his space at Lexinb on and University, which is admittedly under- utilized. For three years, Mr. Riley has been negotiating with Home Depot for them to open a new store on Mr. Riley's property. And, in fact, the parties have essentially reached an agreement recently that will allow Home Depot to use this space and open up a new store. But all along the agreement was and is contingent on Mr. Riley fmding a site for his bingo license. The reason is that because the amount of the rent that Home Depot is willing to pay to open the store is such that it only makes sense for Mr. Riley, and is only feasible for Mr. Riley, if he can continue to earn money with his bingo license. If the Council grants this waiver request, then the value of Mr. Riley's bingo license is reduced to zero. And he will not complete the agreement with Home Depot. The economics are such that he will not be able to do that. And a significant opportunity for real, new economic benefits is going to get lost. Now, prior to RK Midway's attempt to get its own bingo license, Mr. Riley was very close to an agreement with RK Midway to locate his bingo hall in the Midway Center space. And that relocation would have allowed Mr. Riley to do the deal with Home Depot and allow a significant tenant to come into the Lexington and University azea, with obvious commercial 0 benefits. But suddenly RK Midway stopped retuming Mr. Riley's calls, and the neact thing we knew they were appiying for their own license, and now we're all here talking to the City Council about this. Obviously, we don't like how that developed and how RK Midway went from being a possible business partner to trying to take our bingo tenants away. And we understand that that is not the issue before the Council. But the important thing for the Council to know, we believe, is that this azea cannot support two bingo halls. The interest from the charities is not there. So, if you grant this waiver you won't create an economic benefit, you'll simply move it. And maybe more important, a waiver will cause the City to lose a significant economic benefit in the form of a Home Depot at Lexington and University, and thaYs an area that really could use the boost. So, for those reasons, we think you ought to deny the waiver request. Thank you. Bostrom: Council Member Reiter: Maher: Thank you. Mr. Reiter. If Home Depot wants to locate there, would the bingo hall still stay? No. The deal we're talking about with Home Depot, we would have to find another spot for the bingo hall. Reiter: Other than at that location? Maher: ThaYs right. 5 Reiter: IuF1T� Reiter: Maher: Bostrom: Ludemann: Council Member Coleman: 1117� - �f�"'iFS'S'� I see. So the tenants of the existing bingo hall, if Home Depot went in there may have a problem relocating. Well, we'd fmd a spot for them. Okay, thank you. We can't do the deal without it. Okay. Is there anyone else who wishes to be heazd in opposition to this? Sir. President Bostrom and members of the Council. My name is Don Ludemann and I'm President of the Snelling Hamline Community Council, the neighborhood that's in question here before you. First, let me apologize for my casual dress. I just got off the airplane from vacation and didn't have a chance to go home and change. What about the mustache? I can take it off too. Snelling-Hamline is by and large a very business friendly neighborhood. We have good relations with the Midway Mazketplace, the Midway Center and the dozens of businesses on University Avenue, Snelling Avenue, Selby, Mazshall. However, I am here before you to speak against this waiver, or rather for the waiver with certain conditions that I would like to ouUine C': for you. Aithough I personally don't shaze, don't have strong opinions on this matter, there aze neighbors in Snelling-Hamline who have very strong negative perceptions of bingo halls. They feel that, in fact the legislative code also feels that there is the potential for a negative impact by putting a bingo hall in the neighborhood. As a matter of fact, the license for a bingo hall is the same license that you would have to get, a similaz class of license to a pawn shop or a gun shop or an infectious waste processing facility. Obviously the code recognizes that there is the potential for a negative impact. Our desire in the neighborhood is to work with RK Midway to work with the proposed tenants, to minimize the negative impacts and maYimize the benefits. Mr. Kessler referred to a PD opinion that this facility would not have a negative impact on the neighborhood. We beg to differ. We feel that the potential is there for a negative impact. Ms. Maccabee speaking on behalf of RK Midway will no doubt tell you that the location is remote, that it's not very visible. On the contrary. It's right across the street from the Cub Store which is probably the highest volume store in that entire section of University Avenue. So it is a very visible location. I would say it's a prime location and I think that it will be very visible and potentially negative visibility for the neighborhood. So our Council feels strongly that there is a potentially negative impact. This image problem is really what hangs people up. They don't want it in our neighborhood. But beyond 'unage, when we appear befoze Mr. Strathman and we raised some very specific concerns about security and safety, about lighting, about landscaping and parking. We asked for an annual renewal of the license rather than a biannual renewal of the license. Mr. Strathman chose not to place those conditions on the license. And, in fact, we could live with that because again, we're business friendly. We trust that RK Midway will work with 7 the neighborhood to address our concerns. But we're here tonight not to talk about the license but to talk about this waivet. Whether to move the gambling, bingo from Lexin�ton and University one mile to Pascal and St. Anthony, which is the proposed new location. I have to a�ree with the previous speaker. There is no net gain. There is no net economic benefit. You're just moving it one mile down the road. But there might be a secondary benefit. There might be the possibility that the people who go to play bingo will also shop at the Rainbow or the Walgreens or have dinner at the neazby buffet. ThaYs what we in the neighborhood want to ma�cimize aze the benefits and mnumize the potential negative impact. So what we're asking the Council to consider is our efforts to work with RK Midway and the potential tenants and masimize the positive benefits and minimize the negatives. Quite frankly, I don't know what to ask you for. Are those conditions on the license? Is that laying it over until the neighborhood and the businesses can work something out? Pm not exactly sure. But I would ask you to respectfully consider our concems. Bostrom: Okay. Yes Mr. Reiter. Reiter: What are the negative aspects of the bingo hall? Ludemann: Again, personally I don't. Reiter: No, but you mention them throughout your speech and I, you know, Pd like to lrnow what they are because I'll be honest with you, I've worked at church bingo F:3 for 20 yeazs and I don't thiuk we ever had a police call and the average age was Ludemann: Reiter: Ludemann: Reiter. Bostrom: Illff - ��'�FS�iI Bostrom: Maccabee: 50 or 5�. So, you know, I don't look to any riots or big problems. Council member Reiter. I concur with that. The concem of the neighbors is not so much for the patrons of the bingo hall. IP s for people who might prey upon them. Pickpockets, purse snatchers, that type of thing. That's why we aze concemed about security. People going to and from their cars. Make sure there is adequate lighting. That type of thing. My understanding is that, excuse me, my understanding is that they have security, off duty policemen working these sessions. Is that true? The gambling manager assured us that that was the case, yes sir. Thank you. That you Mr. Ludemann. Be sure to sign in there. Thank you. Okay. Is there anyone else who wishes to be heazd in opposition to this? Alright. Then we'd hear from the supporters of this program. Good afternoon. Good a$emoon Mr. President, Councilmembers. I'm Paula Maccabee and I represent RK Midway and I'd like to speak to this issue briefly and then we also � have a representative here from the Midway Chamber of Commerce to talk about the economic issues. And Bazb Kale who is from Midway Trainin� Services who runs the bingo and then if there aze specific questions you have about security, Mr. Miklich(?) who is an onsite manager for the bingo halls to make sure that there is safety and security and people get escorted to theiz cazs is here. As is Tom Dina who has been working with the redesign. I want to start by saying that the Council passed an ordinance that states a real cleaz guideline about when a waiver should be approved. And it doesn't talk about special circumstances. It talks about promoting responsible ownership and accountability. And thaY s what, this is happening, is that there are four tenants, four charities, Holy Childhood, Midway Training Services, the Women's Auxiliary of St. Mary's Greek Orthodox and Midway Transportation which provides transportation to disabled people, who concluded that the location at Lexin�ton wasn't meeting their needs or their customers needs for a feeling of security safety and for the shopping that the customers wanted. And so they, within the rights of their lease, which has a notice provision, they're not in any way trying to change that, sought another altemative and I was contacted by a well-known realtor in the Midway azea who I have been working with since I was on the Council, and that's how we got in contact with the tenants. And so they have now signed leases and are ready to move into the space at Midway Center. Let me talk about why this will provide economic development benefits. The first economic development benefit is that the space, and iY s about 10,000 square feet at the back of the center, has been vacant and untenantable for at least 20 yeazs now. It is untenantable because it doesn't meet code and it costs a fortune to bring it up to code. And because charitable gambling does weli, my client can afford to invest that. And that is 10 over $700,000 that will be invested on our community in tenant improvements basically as soon as the Council approves the waiver and the license. And what's important about it, and I think Mr. Ludemann mentioned it, is that by moving these tenants, these customers, and this about 15,000 people a month, into an azea where there's Cub Foods, there's Rainbow, there's Herbergez's, there's Kmart. Many of these people aze senior citizens. For many of them they aze using the bus. It's not easy to go and take a jaunt out to the shopping center by car. And so they make a day of it and they'll be spending money, having lunch, buying food, buying groceries, buying whatever pharmaceuticals and that economic development benefit will come into St. Paul. Because there isn't a similaz economic engine on Lexington, there is a difference. We will be able to capture those dollazs. And many of these people aze coming in from Minneapolis or from the suburbs so it is a benefit for the City as a whole. And particularly since the City has invested in Midway Marketplace, that is securing our own investment. Also, this Midway Center bingo ha11 uniquely will create no harms. It is at least 700 feet away from the nearest residence, and thaYs the back pazking lot and I94 going to the south. It's the whole Midway Marketplace development going to the east. IYs our whole center and then the roadbed of University going to the north, and then the bus barn and also Spruce Tree going to the west. So it is really insulated from neighbors. Also, unlike many other business situations, there is enough pazking here. IYs not going to impinge upon sma11 businesses. There is plenty of parking. We've actually made sure, in consultation with Councilmember Benanads office, that the plan for the way this bingo hall is designed and the pazking will not interfere with joint development options, which we aze hoping will be considered by Metro Transit when they look at the bus barn 11 redevelopment. So we have a situation where there is economic benefit, there's no harm to residents and there's no harm to businesses. Mr. Ludemann raised some important issues. It is also our goal to maxiinize the positive and minimize the negative. We wiil not be having huge, free standing sians. The signs will be of the same chazacter as what we have on the front of the building. And Mr. Ludemann also talked about security. At every session of bingo there is an employee there who is responsible for security. We put in extra bathrooms to accommodate the ladies. We are willing to escort anybody to their cars. There is trash pick up. And we even talked to Mr. Ludemann as this being an opportunity to begin to improve the aesthetics in the back. Now we're not going to make, there is some investments in landscaping we can't make now without interfering with the potential for future joint development. But I would talk to RK Midway, = and they're willing to do some planting along Pascal and Mr. Tombina is here from the management facility, Westbrook facility, and we're willing to sit down with the neighborhood and figure out where is the best place for those trees so we can start improving the look of the center even before we do a major redevelopment. That brings my remarks to a close. If you have any questions for me, othenvise I'll let other people talk. Bostrom: Any questions of Ms. Maccabee? Alright. Please sign in. Maccabee: I will sign in. Maybe the Midway Chamber would be the best. Bostrom: Good evening. 12 Waters: Good aftemoon, council members, Council President Bostrom. I'm Ellen Waters, P m President of the Midway Chamber of Commerce. As you may recall, we represent a few over 500 businesses in the Midway area of St. Paul, which includes the property that is in question. Actually, both properties. And we aze here today to offer our support for the waiver and the licensing. And I tliu�lc the previous speakers have done a great job of outlizun� the potential economic benefit. That's really the perspective that we shaze. From the standpoint of not what's good for any individual business but for what is best for the whole Midway business community, we feel that this is an unportant investment and we aze very pleased that RK Midway is willing to make some improvements. We encourage them to continue working with the neighborhood to address those concems. But frankly, we think on balance the evidence is pretty strong that this will actually provide some very good benefit. I also want to say that we would be happy to work with Mr. Riley at Lexina on and University to find a great use for that property. I think the facts are that these four charities are wanting to compete effectively in the marketplace that they do and that the RK Midway property presents an opportunity for them to enhance their revenues and to bring moze people to their doors and that's certainly something that we support and we think the spin-off development in terms of shoppers and increased economic activity in that area will benefit all of the surrounding stores and those retailers aze very excited with the prospect of 15,000 customers a month coming there. We don't want to suggest that Lexington and University isn't important by any stretch of the imagination. That corner has great potential and we have been keenly interested in the efforts to land Home Depot or some other similar development and want to continue to work on that. But I think if you look at the situation there 13 the fact is that it is very under utilized. There has not been much investment in recent years and it shows. And it's not an attractive environment. So for these charities to compete they have needed to look for the best opportuuity that they can fmd and they have found that at Midway Center and it's something that we support. We too are very concerned about the image of the Midway. Our mission is building a stronger Midway and we will be cazefully watching and working with RK Midway to ensure that the image issues, the crime perception, security, all of those things aze addressed. But we feei confident having worked with RK Midway over the years that we can address any of those situations that azise and that they will be responsible licensees and that on balance ali of this will actually provide great economic benefit to the whole Midway and we'll figure out something to do with Lexington as well. Do you have any questions? Bostrom: Yes. Mr. Coleman. Council- Member Coleman: I, this whole, one of the findings that we have to make specifically is that there will be economic development as a resuit of this waiver. And 1'm having just a hard time buying it. I mean, I understand, you know, there will be a lot of people coming into this thing. But if this in and of itself produced economic development, it has done nothing for the area that it already exists in. The one situation where I saw that there was cleazly the impact was over on Payne, when we got rid of the strip joint, and I think that that was pretty clear that we were able to, you know, move forwazd, that that was a better tooi for economic development than the. 14 Waters: Bostrom: Coleman: Waters: Coleman: Council- Member Benanav i:� �� Weli I think the investment that RK Midway is making of over $70Q000, which they wouldn't othenvise have made and haven't been able to make for what, 20 yeazs of vacancy, I think that's a pretty si�nificant benefit right there. Mr. Coleman. But thaYs not, that's just to the property where the hall itself would exist, right? Uh huh. I guess I just wouldn't define that as economic development. Wl�en I think of economic development I think of some spin-off activity as a result of that, and I'm just trying to figure out why it would have spin-off activity here but didn't have on University and Lexington. Mr. President, can I help? There is a difference between Lexington and University and the Midway. You know, the shopping center on Lexinp on and University. Excuse me Mr. Benanav, I think what we should probably do is allow the speakers to finish and then we can have our discussion, and if we have to call them back we could do that. Because they are on a time frame and I don't want to short them of their recitation time. IS Waters: Okay. I'll be brief, but I'll echo what Jay is about to point out, I tl�ink, and that is that the environment at Le�cington and University is very different and the opportunities for anyone who is coming to the bin�o to actually frequent other businesses in that area is much more limited. In fact, most of the Lexington Shopping Center is vacant at this time, although there is some transient business. There is a flea mazket that is in there occasionally. We have one of our boazd members is Whitaker Buick, which is about a half a block away. Another one Biena restaurant across University. Neither of them feel that there is any benefit to the bingo parlor being located there presently. In contrast, at the Midway Shopping Center, it is actually in the shopping center that is vibrant, that is virtually fully leased, that is attracting new businesses, where there is Walgreens, and buffets, and restaurants and so forth. So the opportunity is really there for the customers to go out and spend additional money in the community that they may not currently be doing. Does that answer your question? Coleman: Yes. Pm not sure. It's a little dubious, but I understand what you're saying. Bostrom: Okay, alright. Thank you Ms. Waters. Will you please sign in. Now we have just about 3 minutes left. Ka1e: We have three minutes left? Bostrom: Yes ma'am. Hi. 16 Kale: Council Chair, City Council members. My name is Bazbaza Kale I am CEO of Midway Trauring Services. I am one of the charities at the Midway Bingo Palace. MTS serves developmentally disabled adults. They are all mentally andlor physically challen�ed. One of our main goals is to provide employment for our clients. We work at a lot of different jobs. We provide a job coach so the quality and the timeliness is there. We clean, we make beds in nursing homes, we assemble the packa�es that you get in the hospitals, we are involved in manufacturing. The Andersen Windows have grids, we put in the spring loaded pins in them. We are involved with the St. Paul Energy Consortium. We make planter boxes from recycled woods. We work with St. Paul Schools. We clean up trash in the Midway area. We return shopping carts. Our clients have attended meetings and luncheons at the Chamber and aze very proud of being part of this community. I am here to request your support of the waiver, and some of the reasons are we have been in chazitable gambling about 12 yeazs. We need to supplement the per diem we get. It is not su�cient. About 9 years ago, with other charities, we began operating bingo at the Midway Bingo Palace on University and Lexington. There were many businesses in the shopping center. We had a beautiful hall. Over the years, bingo has been good for MTS and the other charities. For about the last three yeazs we were told that we were going to be moved to another location because the shopping center was going to be sold to Home Depot. Sometimes, we were going to be moved in three months, sometimes six months, sometimes not at all. Auring this time, the other businesses closed or moved and the bingo ha11 itself was deteriorating rapidly. Presently, the condition is deplorable. Profits for MTS and the other charities declined significantiy. In 1999, the MTS profits were 1!3 of what they were in 17 1998. We felt it was necessary to make a business decision to look at other options. We did meet with a couple of different owners able to negotiate better terms and people that would be willin� to keep a very well maintained business. Are there any questions? Bostrom: Okay. I think that probably does it. We're just about out of time. Okay. If you'd just please sign in right over there. You have 50 seconds. Penon: I will talk very fast. Thank you. Jerry Perron, Leonard Street & Deinazd on behalf of RK Midway. What I would like to do mainly is to submit some documents into the record for your decision. What I am submitting is a premises site plan so you can see what the set up of the bingo hall is going to be, a City zoning map showing that this is in a B-2 zone, which a bingo hall is an approved use in that zone, a pazking study showing there is adequate parking for this site, and a composite site plan which helps show that this particular site is in the very epicenter of a very large commercial development, and it won't have impact on the surrounding neighbors. And I would like to just very briefly respond to some comments from Mr. Riley's counsel. Bostrom: We'ze out of time. Perron: Okay. Bostrom: If you want to leave your information with the clerk we will take it. Please do that and please sign it. Okay. Alright. That concludes the time allotted for the fE9 public hearing. Is there a motion to close the public hearing? Mr. Reiter. Roll call. Secretary: Coleman, Lantry, Reiter, Benanav, Council President Bostrom, public hearing closed. 5 in favor, none opposed. Bostrom: Mr. Benanav. Benanav: Mr. President, I'm going to move to grant the waiver. There aze some legitimate issues here that have been raised, but I think after hearing it, I'm convinced that it does meet, the waiver does meet the test of the ordinance. That is, it would provide economic development, even though Council Member Coleman had some question about it, and I think legitimate question. But I think it will bring a nuxnber of, I think we heard the number 15,000 people, into Midway Center who would then, presumably, if they do well playing bingo, will spend some of the money as they leave. I think, too, what was said by Ms. Kale was that over the last few years they've seen their profits decline significantly as a result of the condition that they current occupy. And, I think, if their projections are correct, they will see an increase in their profits which presuxnabiy there's some spin-off economic development spin-off there as well. So I think it meets the test of economic development, and I'm not convinced that these four radical groups that have applied for this will bring any negative impact to the neighborhood. I don't play bingo myself, but if Council Member Reiter does and is a supporter of it... Reiter: I don't play bingo, I worked for a small fee. 19 . . Benanav: Reiter: Benanav: Bostrom: Benanav: Bostrom: Reiter: Bostrom: Oh, I see. Well, if Council member Reiter... No, I don't think I got paid. I think I was a volunteer. And I think a11 the needs were said. This is in an azea that is not particulazly close to any residential housing. You've got to cross 94 to get to the closest residents. It's not likely that that's going to happen. Trust me. If you go down Sneliing it takes a long time to cross 94 anyway under the current traffic conditions. So I think it's a good plan. The whole issue of the bingo hall being a bargaining chip for folks on Le�cington and University, I don't think is an issue that we even need to consider. That's just not our business. So I think based on what we heard, I am going to move to grant the waiver and the license at Midway Shopping Center. You're moving resolution 48. I'm moving resolution 48. Okay. Is there any fm�ther discussion? Yes Mr. Reiter. On the advice of the City Attorney, I won't be participating in this vote because I have an association with one of the charities. Further discussion Mr. Coleman? 20 Coleman: Bostrom: Secretazy: I will vote for your motion Mr. Benanav. I just think it's kind of, when we start talkiug about bingo pazlors as economic development in the City, I just, I have a hazd time buying it. I would hope that we've gotten to the point in this City where we can taik about real economic development not dragging 15,000 people in to gamble. And it has nothing to do with the charities or any of those. You know, I've been involved in organizations that have used bingo pazlors. I think that thaYs fine. But I just, I really have a hazd time buying economic development, but I'll take Ms. Waters assertions that this is going to be helpful for the Midway Shopping Center. Is there any further discussion? Roll call. Coleman, Lantry, Reiter, abstained, Benanav, Council President Bostrom. Four in favor, 1 abstention. Adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) VERIFICATION Debra M. Ratliff states that the foregoing transcript is a true and correct transcript of the videotape provided by the City of St. Paul of the City Council proceedings on September 27, 2000. ��' � �� .'�� -. � / ! Subscribed and swom to before me s � 's 13th day of November, 2000. -- �p� yy K,IENSTAD � �!' � i '" t��'>TARYPUB�I�-'r: � .�ESOTA — a asi� '.CnmmiSS:rnE. • 3t.2W5 � Notary Public =� � � •w�.nv:,::...•..�.n -�w�,'w�MiWV� 11262V51649V23477 21 STATE OF IvIINNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, CERTIFICATE OF FILING AND DELIVERY MINNESOTA COURT OF APPEALS APPELLATE COURT CASE NO. CX-00-1838 Respondent. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 TO: Clerk of Appellate Courts, 30� Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155-6102: The videotape of the proceedings held on September 27, 2000 in the above-entitled action was requested by counsel for the Relator, Oak Grove Properties, Inc., on October 26, 2000. By agreement of the parties, the transcript of the videotape was completed by Best & Flanagan LLP on November 13, 2000 and is 11 pages. Because the transcript was prepared by one of the parties, no financial arrangements relating to the transcript were necessary. The transcript was filed with the trial court administrator and was delivered to counsel of record for the City of St. Paul on November 15, 2000 by messenger. Date: �� ,S UO BEST & FLANAGAN LLP By: ��lf/, f � `�"� Frank J. Wa1z (#113050) ` Caryn S. Glover (#183040) Robert D. Maher(#220863) 4000 U.S. Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 11262�201438U29882 ATTORNEYS FOR RELATOR ��qe��o � �� MINiJTES OF TF� LEGISLATIVE HEARING MOUNDS PARK LIQUORS - 243 POINT DOUGLAS ROAD Monday, August 28, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Corinne Asuncion, License, Inspections, Environmental Protection (LIEP); Christine Rozek, LIEP The meeting was called to order at 4:01 p.m. Gerry Strathman stated this hearing is being held to hear objections to the license appfication for Mounds Pazk Liquoxs, 243 Point Douglas Road. Christine Rozek reported this application is for an off sale liquar license by F& D Enterprises, Inc., doing business as Mounds Pazk Liquors, 243 Point Douglas Road North. This application has been reviewed by the Fire Department, Zoning, Licensing, and Environmental Health. LIEP is still waiting for liquor liability insurance; however, they would not need to see it until the license is granted. There will be a final environmental inspecrion prior to the opening of this establishment if the license is granted. There is no pending adverse action against the license or licensee. LIEP is recommending approval. Nancy Larson, 271 Clazence Street, appeared. 92 of the 115 houses signed a petiUon to stop the liquor license at 243 Point Douglas Road. The ones that did not sign it gave the following reasons: there is alcohol in the neighborhood anyway, the owner could do what he wanted with his business, one person didn't caze, and one person said he could not sign it in all consciousness. Thirteen people could not be reached after numerous attempts to contact them. There are two reasons why Ms. Larson feels the license it not appropriate: location and people. (Ms. Larson gave Mr. Strathman the petition. She also gave him maps she would be referring to, and she eacplained in detail the location of the neighborhood on a map.) Mounds Park Liquors will be right across from a city park where there is a view of Downtown Saint Paul and the Mississippi River, stated Ms. Larson. There is a bicycle path neazby. When the pazk is completed, this already populated bike bath will have more people on the roadway than it presently does. This is why it is not an appropriate place for alcohol. Ms. Larson went on to say that Interstate 94 provides within one mile all the strip mall conveniences. This area is very residential, but it is not a commercial azea. It is not appropriate to add a liquor store which will increase the tr�a The businesses in the azea are a small grocery store, two nursing homes, a contracting business, an engineering businesses, a child care facility, the Kick Off Bar, and Mounds Park Quick Stop, which is the store we aze talking about today. . � �� MOLTNDS PARK LIQUORS, LEGISLATIVE HEARING MINUTES, 8-28-2000 Page 2 Also, stated Ms. Lazson, this azea is isolated and there aze only four ways for access: through the park on Mounds, through Eazl, through Johnson Pazkway, and through Burns. As for traffic, Point Douglas and Clazence come out of Burns Avenue. It is a confusing and congested intersection. On Friday nights when there is a special event at the Kick Off Baz, there is a lot of traffic in the azea that makes it difficult for people to travel. There aze a variety of children in the azea Sidewallcs aze not common. It is a dangerous situation for pedestrians. People coming &om the aparhnent building across Highway 61, would have to cross the highway, which is unsafe. People pazking across the road would be another problem for pedestrians. There are a lot of children from the apartment building unsupervised who aze on bikes or walking in groups who go to the store. If there is a liquor store here, Ms. Lazson feels there will be more traffic. Twenty-four school buses come into the neighborhood everyday. Over 100 students live in the apartments. Students will be walking from the bus stop in direction of the tr�c which will be multiplied if alcohol is auailable at Mounds Park. Ms. Larson is constantly picking up paper that is scattered in the area. With alcohol and addi6onal traffic, the litter will multipiy. Gerry Strathman asked why an off sale liquor establishment would create more traffic than another business. Ms. Larson responded there are already a lot of people coming from the apartments, and it would be easier for people to walk to the new liquor store than to drive somewhere else. A liquor store nearby closed in February. People who went to that location would be more apt to go to the new liquor store. Ronda Spreeman, 258 Point Douglas Road, appeazed and stated she operates a daycaze business in which she cazes for 12 children, and has been full to that capacity for five years. Her concerns haue to do with her children, the children in the neighborhood, and the children entrusted to her in the daycare. One activity she does with the daycare children is waiking. They walk in the streets a lot because some areas do not have sidewalks. If there is increased traffic, she will not wallc in that area because the children are 7 months old and up, and they tend to move away from her no matter how hard she tries to keep up with them. There is a big hill by her home. In the winter, children go down the hili, up, and into the street even though she builds up the hill at the end. Children ride their bikes in the area; with increased traffic there is a danger of them getting hit by a car. There is a high child pedestrian rate in the area. With the higher amount of traffic, Ms. Spreeman will not feel comfortable allowing her children to walk in the azea. Ms. Spreeman has concems about children seeing people buy liquor in her neighborhood. She has four children and is cazeful about what she exposes to them. She does not want her children to see broken liquor bottles and cans. She moved to Mounds Pazk because she felt it was a safe environment for her children. She wants her children to be responsible adults. Several day caze pazents have expressed concerns to Ms. Spreeman about a liquor store. Some of the children aze older and they can go down to the corner for snacks, but their parents do not want them going to the corner if a liquor store is there. If the liquor store does go in, she may lose some of her day care parents. She cannot support her family and pay her bills if she cannot get children into her home. �� MOiINDS PARK LIQUORS, LEGISLATIVE HEARING MINiJTES, 8-28-2000 Page 3 Michael Daul, 1325 Burns Avenue, appeazed and stated he lives nest door to Mounds Pazk Quick Stop. The neighborhood has a bar and a liquor store. The clientele and crime concern him. It is a proven fact that liquor stores do bring in clientele that aze trouble. Gerry Strathman asked is he concerned about people who are inebriated or misbehave in some way. Mr. Daul responded yes. Mr. Daul stated this business is by a park and there is aiready a bar nearby. Mr. Daul read a letter he wrote, in wluch he expressed the following concerns with this license: drug deals in front of the stare, cazs broken into, house burglary, public druukenness in his front yard, litter all over the block from the store, the store's history of robberies would only bring in more trouble, the Kick Off Baz and Restaurant cause problems, Mounds Park is across from the proposed liquor store, youths could go there and drink, MGM Liquor Warehouse is less than a mile from the store, liquor stares are not positive, and they should not be in residential neighborhoods. (Mr. Daul gave Gerry Strathman a copy of the letter. He also Mr. Strathman a legal description of 1325 Burns, and explained on a map where he lives.) Mr. Daul stated that after midnight, people use the telephone in front of the store. It is obvious what is going on. If they have a liquor license, asked Mr. Strathman, this will be different in some way. Mr. Daul responded the trouble is already there, but a liquor license will evoke more trouble. The store has security bars on the windows, which tell him the neighborhood is not safe. (Mr. Daul gave Mr. Strathman the following: four photographs of the store, a police query for 243 Point Douglas Road from 1-1-97 to 8-16-00 which shows 4� records, police reports from 1- 1-97 to 8-16-00 for the KickoffBaz and Restaurant, police reports from 1-1-97 to 8-16-00 for Johnson Brothers Liquor Store.) Mr. Daul stated Johnson Liquors is now closed. But the clientele that went there will probably come to Mounds Pazk Liquor Store. Mounds Park has had 47 incidents and 15 reports have been written. (Mr. Daul also went over the records for the Kick Off Bar and Johnson Brothers Liquor Store.) He stated liquor stores aze targets for robberies. Not many people live in the area. Robbers can come in on foot or by car because the area is isolated. (Mr. Daul read four robbery reports from 243 Point Douglas Road North.) Mr. Daul talked to people who lived by the former 3ohnson Liquor Store. There is a problem with litter in the area. The foot tr�c, dmvkenness, sleeping in yards has gone away since Johnsons closed. Also, homeless people live across the street in the woods from Mounds Pazk Liquor Store. c� o �� MOLTNDS PARK LIQUORS, LEGISLATTVE HEARING MINUTES, 8-28-2000 Page 4 (Mr. Daul gave Mr. Strathman the following: 1999 Part I Offenses vs. Property: Density by Crrid; 2000 Quality of Life Calls: Density by Crrid; 1999 Quality of Life Calls: Density by Crrid; St. Paui Theft from Auto: Hot Spot Analysis, January 1 to August 2, 2000; St. Paul Arson: Analysis by Incident; 1999 Part I Offenses vs. Persons: Density by Cmd; 2000 Aggravated Assault Analysis: Density by Grid; and a sheet of paper that reads "Fanuly is Priority One", a quote from Chief William K. Finney.) Mr. Daul stated he does not know what a liquor store has to do with fannily. Pat Kackman, 401 Johnson Parkway, appeared and stated cats were always speeding down the service road. There are drug deals in the parking lot. There aze junk vehicles, debris, trees around the perimeter. A person inebriated came over her wall and fell into the driveway. People who live next to the former Johnson Liquors had people urinating in their yazd. Liquor stores bring in crime. People throw litter; other people see trash and thivk there is not much care in the neighborhood. There were two bars on Hudson Street and crack houses started appearing in the neighborhood. People can go to MGM Liquors. The nursing home had trouble with some of their patients who were able to leaue the building and go to the liquor store. This would be a possibility at the Mounds Park Liquor Store as well. Ms. Kackman walks in the woods with her dogs. There are places that she will not walk because there are people drinking. Richelle Kuhl, 287 Clarence Street, appeazed and stated she has been a member of the community for 33 years, and her husband has been a member for 45 yeazs. The area was recently highlighted in the June issue of Minneapolis/St. Paul Magazine as one of the hidden gems of the community. The crime azea that Mr. Daul spoke of is concentrated azound the property location talked about today. The rest of the neighborhood is quite different. This area has a quiet, secluded, hidden pocket of homes. It is nestied between two major highways. It is easy to understand on neazly every block there are two or more homeowners who have lived there at least 35 years. There are many examples of homeownership remaining within a family for generation to generation. This has been a nurturing climate for young families. The trend has been to remodel or eapand the home instead of moving. Families are hard pressed to find comparable housing conditions in other parts of the city and surrounding suburbs for the same value. Ms. Kuhl stated urgent points stressed so far aze deserving of attention and consideration: safety of children, violent crune potential, increased tr�c for the entire neighborhood, and visitors to the pazk. The serving of liquor presents a11 these problems via 243 Point Douglas Road. These risks will double or triple from what they already ate. This business is located on a corner adjacent to parkland. When Johnson Brothers Liquor Store was located six blocks away, there were always problems in the pazk, woods, residential lawns, and alleyways. The problems were with vagrants, outsiders of various origin, and members of the community. Adding a liquor store will increase the regular nuisance loitering. Ms. Kuhl spoke to Sergeant Nash who said that transients, loiterers, and drug activity follows a liquor store from location to location. Ms. Kuhl feeis loiters and transients from the Johnson Brothers Liquor Store wili now belong to the neighborhood. ��-� � \ MO[II3DS PARK LIQUORS, LEGISLATIVE HEARING MIN[3TES, 8-28-2000 Page 5 (Ms. Kuhl gave Mr. Strathman some photographs of the neighborhood.) Ms. Kuhl went on to say there will atso be loitering on Bums Avenue. The area between the Kick Off Bar and Mounds Pazk Quick Stop is a long tight triangle piece of land that would be a perfect haven for loiterers to mingle. Patrons will be approached for spare change. Minors purchase alcohol; it happens everywhere. Mounds Pazk azea will be forced to monitor the neighborhood for safety and security against alcohol abuse. The needs of the community outweigh the needs of this type of business. A new liquor store opened called Seven Beazs Liquors, 1785 Seventh Street East. From 8-1-99 to 8-24-00, there were 22 police ca11s to that address. (Ms. Kuhl gave Mr. Strathman the following: an address search for 1785 Seventh Street East, two photos showing traffic congestion neaz the Kick Off Bar, and two photos showing blight at Morelli's on Payne.) Ms. Kuhl read several remarks from neighbors. She stated there aze tens of thousands of visitors to Indian Mounds Pazk. There is an azea in the park that has covert drinking and drug usage. Mounds Park Liquor Store would become a very accessible alcoholic beverage resource for these activities. It may contribute to another tragedy when an inebriant topples off the bluff. Bob Fitzgerald, 1367 Burns Avenue, appeared and stated he lives two houses down from the Kick Off and has lived there for 25 yeazs. He has two boys who have worked at the gas station. Mr. Fitzgerald patronizes the gas station, the baz, and the restaurant. He sees a lot of foot tr�c from the apartment across Highway 61. He has talked to the owner of Mounds Park Quick Stop and the owner of the Kick Off about the trash and debris. Sometimes the bar owner will send someone to clean up the debris. He aiso patronizes MGM Liquor Store, and they card everyone in the store. The gas station owner said he will ask peopie to throw litter in the trash cans, but Mr. Fitzgerald does not feel that will work. The giant containers of beer come from the MGM and not from the Kick Off. There are a lot of domestics on Burns Avenue, stated Mr. Fitzgerald. A lot of them are walking up to the gas station and having azguments outside his house. Sometimes it is after the store or bar is closed. Also, the auto traffic has picked up. There is heavy traffic on I-94 and drivers try to sneak the back route through Mounds Pazk and up through White Bear Avenue. The neighborhood is worried about alcohol related tr�c. MGM is less than a mile away. The pi773 place has applied for a liquor license. Any other business would be fine. There are traffic and parking problems when the Kick Off has special events. Mary Regan, 1365 Burns Avenue, appeared and stated she has lived in her house 25 years. People ring her doorbell hying to get into her home. There is a lot of trash on her property. She has people sitting on her retaining wall. She sees the drug deals across the road. Ms. Regan feels a grocery store should be opened instead of a liquor store. �� MOUNDS PARK LIQUORS, LEGISLATIVE HEARING MINUTES, $-28-2000 Page 6 Mary Brown, 263 Point Douglas Road North, appeazed and stated litter goes into her yazd from Mounds Pazk Quick Stop. Saint Paul should have an ordinance that says a business cannot have candy, grocery, gas, and liquor in the same business. She would not want her kids to come into contact with someone that has been drinkiug. She has been to bazs and liquor stores. Baz owners and bartenders are particulaz about serving to customers that aze obviously into}ucated. Liquor stores aze not quite so concerned. This is an opportunity for the City to take into account the feelings of the neighborhood. The neighborhood is not going to allow businesses with owners that do not live in the neighborhood and do not have an investment there. The city wants homeowners to take caze of their property. Dan Showalter, 1373 Burns Avenue, appeazed. The hearing officer asked a question eazlier about why the liquor store will bring more of this element to the neighborhood. Mr. Showalter stated he believes it is because 93 out of 115 said they did not want this establishment. That means over 90% will not patronize it; therefore, the business will come from outside the neighborhood. People do not need to come to this neighborhood to get that commodity. Tom McGuire, 259 Point Douglas Road North, appeazed and stated he lives six houses west of the store. This business will cause a negative economic impact on the value of their homes. Also, it will have a negafive cultural impact. There are many children in the neighborhood who play on Point Douglas. If the license is passed, that will increase the traffic: the evening rush to the liquor store before it closes. There are four liquor stores available within two miles. The Kick Off Baz is there. Litter is a problem. Alcohol was not being sold off sale when Mr. McGuire moved into the neighborhood. No one would buy a home next to a liquor store. This would be a magnet £or alcohol usage which would be seen by the children. The City has no moral justification for the passing of this license. Michelle Hawang, 266 Clarence Street, appeared and stated she lives three houses from the bar. She gets bar and store tr�c. She has two children who will be more subjected to seeing drunks in the neighborhood. She likes them to play outside and be safe. People of lower class will be in the neighborhood, and she is more afraid of her kids being outside alone. Now the kids are inside the fence. When Johnson Brothers was open, she would not go by it alone. She does not want to live across from a liquor store. Ms. Hawang is awaze of gang activity. She called this stunmer three times on drug deals going on in the store. Frank Janklow, owner, appeazed and stated he is a disabled Vietnam Veteran. His goal all his life has been to work for himself and not for other agencies and to be able to establish a decent living for his family. He purchased the Mounds Park Quick Stop. The previous owner was a mechanic and Mr. Janklow is not; therefore, he has 2/3 of an empty building which he has to do something with to generate income for his family. He noticed the concerns of the people here and he understands them. There were a lot of references to MGM. The portion of 243 Point Douglas Road for a liquor store is siighdy over 1,100 square feet. That is less than 25% of MGM and 10% the size of the former Johnson Liquor Store. Even though some people in the audience no longer frequent his place because of his application, Mr. Janklow would like this to �� \ MOUNDS PARK LIQUORS, LEGISLATIVE HEARING MINIJTES, 8-28-2000 Page 7 be a neighborhood liquor store. Many customers have expressed support for lus license, but they did not want to make a public statement. Thexe have been comments about problems with police at his location, stated Mr. Janklow. He has been there seven months and has only called the police on one occasion because of an unruly customer. It had nothing to do with liquor. The other times police have been there are when the alazm has malfunctioned on three occasions. There have been no robberies in his store since he has been there. He has four surveiilance cameras in his store and a monitor is by the cashier azea so that people can see themselves. He keeps a 30 day tape supply. The neighbors were talking about increased traffic in the area. Again, his liquor store is smaller than MGM and the former Johnson Brothers Liquor. Mr. Janklow does not see hoards of people traveiling down the street to come to his store. Regarding the chance of accidents with people crossing Highway 61 to come to the liquor store, stated Mr. Janklow, these are the same people that are coming to his store now to buy groceries. He has a lot of foot traffic from the aparhnents on Birmingham and Johnson Parkway. The traffic is already there so he does not understand where there would be a lazge increase in tra�c. The parking is congested from the baz across the street. His will be off sale so there will not be cars lined up to pazk at his business; people will park for five minutes. Most of the comments are implying there will be sales to minors or drunken people. Mr. Janklow has an honorable, respectable background. He has dealt in health caze most of his life. He wants to operate a small, successful business, and he cannot do that while dealing with the wino type of clientele. He will not sell hip flasks and cheap wines, but respectable wines tailored to the middle class audience. Mr. Janklow stated he was invited to a neighborhood watch to address their concerns. He is willing to meet with neighbors and discuss what he can do as a businessman to alieviate trash and other problems. Regarding the comment that he does not live in the neighborhood and does not respect it: his clientele is in the neighborhood, his livelihood is in the neighborhood, and he has invested $490,000 in this business. He does have a fmancial investment in that neighborhood. Gerry Strathman recommended referring this license application to an Administrarive Law Judge citing the foilowing reasons: the granting of the license would be contrary to the best interest of the City and the neighborhood as a whole, it will create dangerous traf�ic condifions, it will create problems with the park, and the establishment will create a public nuisance. The meeting was adjourned at 5:58 p.m. rrri �� MINNESOTA APPELLATE COURTS 305 MINNESOTA NDICIAL CENTER Zs corrsTT�orr av� ST. PAtJL, MN 55155 (65l) 297-1904 -----��t�_G ro:�e_ _P�'��kies �I . R�CEIVEi3 � � � 2001 CiTY C�ERK � Appellate Court File No. � °li�" �� File Location ---�� -- °� _--�==-��' ='-=`------ Keceived from the Appellate Courts of the State of Minnesota, the following original files and eachibits in the above entitle matter: l� 1� D�Y �jf �9�,1�� County/Agency District Court file(s) And e�ibits. NOTE: When original and copy of uanscript are forwarded by the Clerk of the Trial Court, the original goes to the Supreme Court Law Library at the conclusion of the case. PLEASE SIGN AND RE'I'�JRN COPY OF RECEIPT Dated: COURT ADMINISTRATOR By: DEPUTY/ASSIST. STATE OF MINNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, �o-��j CERTIFICATE OF FILING AND DELIVERY MINNESOTA COURT OF APPEALS APPELLATE COURT CASE NO. CX-00-1838 Respondent. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 TO: Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155-6102: The videotape of the proceedings held on 5eptember 27, 2000 in the above-entitled action was requested by counsel for the Relator, Oak Grove Properties, Inc., on October 26, 2000. By agreement of the parties, the transcript of the videotape was completed by Best & Flanagan LLP on November 13, 2004 and is 11 pages. Because the transcript was prepazed by one of the parties, no financial arrangements relating to the transcxipt were necessary. The transcript was filed with the trial court administrator and was delivered to counsel of record for the City of St. Paul on November 15, 2000 by messenger. /�� Date: y l S��J BEST & FLANAGAN LLP COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #14 11262�201438\1298$2 By. � � Gf/, �� c Frank J. Walz (#113050) Caryn S. Glover (#183040) Robert D. Maher(#220863) 4000 U.S. Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR RELATOR � ' CITIZEN SERVICE OFFICE F.�oW�s�, �;h.�,e� �D _S�l CITY OF SAINT PAUL Norm Co7eman, Mayor November 22, 2000 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 25 Constitution Avenue Saint Paul, MN 55155 Re: Oak Grove Properties, inc. Appellate Court File: CX-00-1838 Dear Mr. Grittner: Tet: 657-266-8989 Fax: 657-266-8689 HAND DELIVERED Enclosed herewith please find an index and originals of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorneys for Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, �..��,� fl. �� Frederick K. Owusu City Clerk 770 Ciry Ha[t IS W. KelloggBouTevard SaintPaul,�nnesom 55702 �� /� cc: Virginia Palmer, Assistant City Attorney (index only) Robert D. Maher, Attorney at Law (index only) COURT OF APPEALS NUMBER:CX-00-1838 INDSX OF CODNCIL FILSS (C.F.) 00-868 AND 00-891 DOC. NIIMBSR DATB D$SCRIPTION NIIMB$R OF PAGES 2 i 2 9-27-00 Resolution 00-868 and Green Sheet approving the license application. This resolution was withdrawn on Sept. 27, 2000. 9-18-00 Minutes of the Legislative Hearing regarding Midway Center Bingo 3. 9-27-00 Resolution 00-891 and Green Sheet Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall license. 4. 9-18-00 5. 9-18-00 6. 7. 8. 9. 10 11 12 13 14 Interdepartmental Memorandum to City Council from Robert Kessler regarding new bingo hall at Midway Shopping Center. Minutes of the Legislative Hearing regarding Midway Center Bingo. 3-27-00 Memo from The Associated Architects re: Midway Center. nja Copy•of Section 60.531 of the Saint Paul Legislative Code. 9-27-00 map n/a map with B-3 and B-2 areas highlighted n/a Composite site plan of Midway Center and Midway Marketplace. 9-27-00 Videotape of 9-27-00 City Council meeting 9-27-00 Summary minutes of 9-27-00 City Council meeting. 9-27-00 Transcript of 9-27-00 City Council meeting, item #48. 11-5-00 Certificate of filing and delivery. 0 `a 1 B! 2 2 1 1 1 1 tape 29 21 1 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Frederick K. Owusu, Ciry Clerk, being first duly sworn, deposes and says that on November 22, 2000 he served the attached: Index to the Saint Paul City Council File Nos. 00-868 and 00-891 upon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minuesota. Clayton Robinson Saint Paul City Attorney Virginia D. Palmer Assistant Saint Paul City Attorney Atty. Reg. No. 128995 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Robert D. Maher Best & Flanagan LL.P 4000 US Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Attorney for Petitioner ` �T��i c%G /�' � ' C /.��r--- Subscribed and sworn to before me this r�o2 " day of �ove,rnbe,r , 20 � 6 �� Notary Public � SfiP,Ri da. AAOORE t�7ARY PtlBi1C - RRlldt$Si37R ktY CAMhfiIS3361d `'��q' €XF'lR�33AtS.34,ZOD' Council File # �(� � g� ��- Green Sheet # D� �� RESOLUTION CITY OF PAUL, MINNESOTA �� Presented By Referred To Committee: Date i WHEREAS, RK Midway, LLC, d/b/a Midway Center Bingo, has applied for a bingo hall 2 license at 1508 W. University Avenue; and 4 WHEREAS, a bingo hall license is currently issued to the premises at 451 N. Lexington 5 Parkway, which location is within a two-mile radius of 1508 W. University Avenue; and 6 7 WHEREAS, Saint Paul Legislative Code §403.05 requires a minimum distance of two 8 miles beriveen buildings licensed for bingo halls, but §403.05(b) permits the distance 9 requirement to be waived upon a finding by the Council that the location of the proposed site 10 11 12 13 14 15 16 17 18 19 20 21 22 would provide economic development benefits without significant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow mare than one a bingo hall within two miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee owner of an existing licensed bingo hall within the two mile radius; and WHEREAS, the Council has determined, based upon the application, written submission by applicant and such testimony as may haue been heard at the public hearing on this matter, that the waiver requirements have been met and that a waiver should be granted; now therefore, be it RESOLVED, that the applicant RK Midway, LLC, d/bfa Midway Center Bingo is hereby granted a waiver of the distance requirements contained in Saint Paul Legislative Code §403.05 and the application for a bingo hall license for the premises at 1508 W. LTniversity Avenue is hereby granted. Reguested by Department of: 1� ,i�, ,./ , �t � Form Approved by City Attame By: � Approved by Mayor for Submission to Council By: app� By: By: COURT OF APPEALS NUMBER CX-00-1838 DOCLJMENT #3 Adopted by Council: Date �� ,2� t��c.. Adoption Certified by Council Secretaxy OFFICE OF LIEP Date: Christine lzozek Au�st i6, a000 GREEN SHEET4� 266-9108 No . 103742 1 SPARRfffiTP DIRECPOR ITY COUNCZL , ITY ATNRNSY ITY Q.HRK xraaiu ust be on n-�un AaPnda bv• '°°° ��' axxsccox IN. & MC>T. SVG DIR. !�� l� i S RI � 3 YOR (OR ASSZSlANl) OTAL # OF SIGNATIIRE PAGF3S 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution to waive the two-mile distance requirement for RK Midway, LLC /b/a Midway Bingo Center (1508 W_ University Avenue) and granting the application for a bingo hall license. ECOtM1ENDATIONS: APPROVE (A) OR REJECT (R) BRSONl.L SHRVICB CONTRACIS M[fST ANSWSR T88 POLIASPING: PLANNING COM1IDfiSSiON CIVZL S&RVIC6 COMMZSSION 1. Has the person/firm ever ororked under a contract for this department? CIB COMMITTEE BUSIN6S5 RHVIEW COUNCIL YfiS NO STAFF _ Has thie pezaon/firm ever been a City employee? DISTRTCT COURT YES NO Ooes this person/fixm possese a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBSECTIVE? Current City emplOyee? YES, NO lgya all YBS anawers oa a aeparate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): idway Bingo Center wishes to occupy 1508 W. University Avenue and operate as a ingo hall. The Saint Paul Legislative Code requires a waiver by the City Council to allow more than one bingo hall within a two-mile radius. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � v �,. COURT OF APPEALS NLJMBER CX-00-1838 — --� � � i . _ .� ��, 00 �'lI CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM September 18, 2000 To: Council President Daniel Bostrom City Councilmembers Fr: Robert Kessler, LIEP Director � Re: New Bingo Hall At Midway Shopping Center License Staff recommends the approval of the application for a new bingo hall at the Midway Shopping Center, because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00-314. In consultation with David Gontarek, of the Department of Planning and Economic Development, LIEP finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or commercial busanesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and underutilized area. The physical location is sepazated from residential uses by Interstate 94 to the south, the MTCO Bus Garage to the west, Cub Foods to the east, and the Midway Center itself to the north. LIEP also believes that the concept of obtaining the consent oFneighboring bingo halls to allow a new hall to locate within a two mile radius of an existing hall does not make sense. Not only are there problems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing arrangements. We urge your approval of the application and the proposed legislation that allows for the waiver. Please let me know if you have any questions regarding this proposal. cc: Mayor Norm Coleman Deputy Mayor Susan Kimberly Christine Rozek Paula Maccabee, David Gontazek COURT OF APPEALS NCTMBER CX-00-1838 DOCUMENT #4 �d- ��t/ MINUTES OF THE LEGISLATIVE HEARING MIDWAY CENTER BINGO - 1508 iJNIVEKSITY AVENIJE WEST Monday, September 18, 2000 Room 330 Courthouse Gerry Strathman, Legislative Heating Officer Staff Present: Dave Nelmark, License, Inspection, Environmental Protecrion (LIEP); Christine Rozek, LIEP; Lany Zangs, LIEP The meeting was called to order at 10:02 a.m. Gerry Strathman stated tlus meeting is being held to hear objections to a license by RK Midway LLC. Christine Rozek, Deputy Director of LIEP, reported this is an application for RK Midway LLC, doing business as Midway Bingo Center at 1508 University Avenue West in the Midway Shopping Center. Licensing has approved the application. Fire inspection will approve this upon fmal inspection. Zoning has questions about parking information. Lany Zangs reported the parking looks fine, but he needs some eaplanation on some of the numbers. He will defer his decision on the parking until he hears from the applicant. Ms. Rozek stated this bingo hall is within two miles of an existing bingo hall. There wili need to be a resolution to waive the two mile distance requirement. Also present is Da�e Nelxnark who deals with gambling licenses in case there are questions about the gambling aspect of the bingo hall. Don Ludemann, President of Snelling Hamline Community Council, 1573 Selby Avenue #311, appeared and stated neighbors have expressed some concerns. His understanding is the hearing today only addresses the application by RK Midway to operate a bingo ha11. He asked would there be another hearing regarding the other four tenants because the letter he sent in objection addressed the gambling licenses as well. Gerry Strathman stated the fact that Mr. Ludemann was objecting to the gambling licenses got missed. He asked could the gambling license applications be dealt with this morning. Ms. Rozek responded present are representatives from all the organizations that intend to conduct charitable gambling. Mr. Stratiunan stated he will deal with the bingo hall application and the gambling applications at this meeting. The only peopie to come to these public hearings aze interested parties and the interested parties aze here. Mr. Ludemann stated it is a business friendly neighborhood. The community council was notified in August when many residents were on vacation. Paula Maccabee offered to come to their boazd meeting to help explain things, but,the arganization was unable to accommodate her. The waiver requirement reads that a waiver wiil be granted when it will provide economic development benefits without significant negative impact on residential or commercial uses. Mr. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #5 oo-8qr MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 2 Ludemann asked will that be a City Council issue. Mr. Stratlimau responded he would not hold a legisiative hearing on the waiver issue; that would go direcfly to the City Council. Mr. Ludemann stated University United is a group of district councils all along UniversiTy Avenue. The Midway Chamber of Commerce is aiso a member. They wexe involved in the development of two guidelines. One of those guidelines encoutages vacant buildings to be rebuiit and vacant lots to be redeveloped as quickly as possible so there is not an appeazance of neglect on the avenue; therefore, he is happy that RK Midway is going to fill some of the space. One concern is the pazking in the south lot and that the bingo ha11 would get in the way of redevelopment of that lot. Mr. Ludemann requested an annual renewal so that future development of that lot would not be delayed. He asked does this license have a term. Ms. Rozek responded it is renewable in two years. Mr. Ludemann wants to minimize massive asphalt in the parking lots. The design outlines suggest trees should be planted in parking lots: one tree per every 25 pazking spots. He would like RK Midway to consider landscaping to make it more aesthetically pleasing. Mr. Ludemann is also concerned about people preying on the bingo players. He would like to know the plans for security, cameras, lighting. Also, he is concerned about signage. He hopes it does not add to the clutter of the signage on the avenue. The following appeared: Paula Maccabee, consultant to RK Midway, and Joe Finley, attorney and applicant. Ms. Maccabee stated the design guidelines encourage vacant buildings to be filled to avoid the appearance of neglect. The ardinance looks at the potential of waiver when it provides economic benefit. The bingo hall is filling 2,000 square feet of space that was vacant for 15 yeazs. The current estimate of improvement to bring this property up to code is about $700,000. According to the University design guidelines referred to by Mr. Ludemann, this part of University is suppose to be a regional shopping center. This bingo ha11 will bring in about 15,000 customers a month, many of whom are middle class working people and many are women who will make a whole day of shopping or eating out. Ms. Maccabee stated this bingo ha11 is unlikely to have an impact on neighborhoods. It is more than 750 feet away from the nearest residence; therefore, some of the concerns that may apply in other neighborhoods about traffic, do not apply here. Also, it is tucked at the back of the center; the concern about visibility and perception will not take place here. Potential redevelopment is a concern of the developer also, stated Ms. Maccabee. RK Midway has made significant investments in lighting and in trees. The reason there is not a plan submitted for landscaping is because it might interfere with potential redevelopment. (Joe Finley gave Gerry Stratiunati the foilowing: drawing of signage, zoning map area, a composite site plan, parking calculations, a copy of the deed to prove they own the center, certificate showing ownership, and the plat filed.) COURT OF Appg,�,S NUMBER CX-00-1838 ��-�� MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 3 Joe Finley explained the location of the bingo hall in conjunction with other businesses in the area. The bingo hall is not near any residential development. RK Midway had proposed several things for the back lot, but there was a pollufion issue there. Now the pollution has been handled, and the back lot can be developed. They have run several pazldug scenarios with a bingo hall, hotel, and restaurant being built. They have also run the pazking figures and have come up with 1,408. The e�sting lot has 1,396. Their goal is to redevelop the five acre piece of land. Mr. Strathman stated the signage looks consistent with other signs on the building. Tom Bina, contractor, responded it will be sunilaz to other signage on the Midway Shopping Center. Michael Michlitsch, 3870 Ef&ess Road, White Bear Lake, appeazed and stated he is currently representing the charities moving into the proposed site. The four charities have been involved for at least nine years, specifically in bingo and pull tabs: 1) Midway Training Services offers services to people with developmental disabilities, 2) Midway Transportation provides transportation to people with disabilities, 3) Church of the Holy Childhood, and 4) St. Mary's Greek Orthodox Church. They currently all hold a Class A license at Midway Bingo Palace on Lexington and University. All four organizations depend on the funds from charitable gambling. Mr. Michlitsch assumes the security at 1508 University witl be similaz to the Lexington and University site in that it will have a uniform security person during the evening sessions to assist any customers that would like to be walked to a vehicle. They haue had few problems in the last nine years. The bingo hall will also use a private security service and off duty Saint Paul Police Officers. Midway Shopping Center also has security in a vehicle available in the evenings. Mr. Ludemann stated this will be an entirely different environment. There will be more tr�c and more crime. Mr. Finiey responded he believes that most of the people in the Midway Shopping Center are good people and shoppers. Crimes of opportunity will decrease because there will be more witnesses. The bingo operaYion will be located in the center. This is a true economic benefit to Midway Shopping Center and the whole community. People who are transportation disadvantaged can now make a trip to the bingo hall and go shopping. Mr. Finley has represented the owner of the shopping center for years; .if there is a problem, the owner will address it. Mr. Finley hopes Mr. Strathman will not lose sight of the fact that this is a permitted use. This space is an eyesore right now and cannot be rented. It will be a tted, a new exterior added, and new bathrooms. Ms. Rozek asked about an on site manager of the facility. Mr. Michlitsch responded it has not been decided who will be the manager, but there will be one. Ms. Rozek asked about hours of operation. Mr. Michlitsch responded they propose to be open seven days a week. Doors would open at noon, bingo would start at 1:00, and be over with at 4:00. Doors would reopen again at about 6:00 p.m. and bingo would start at '1:00 and again at 9:00. People will be out of the hall by 11:00 p.m. They have talked about having a late night COURT OF APPEALS NUMBEK CX-00-1838 o�- ��/ MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 4 session at 11:00 p.m. and people would be out by 1:00 a.m. However, they are limited to 21 sessions that they can be open in a week. Ms. Rozek asked about lighting. Mr. Michlitsch responded there will be a new entrance with sufficient lighting. Midway Bingo wili use 130 to 135 pazking spaces on their busiest night. He would assume all those people will pazk ciose to the building. At least 1/4 of the space is within a short walking distance of the front door. Mr. Bina stated the landlord has provided adequate lighting in the facility. There is pazking lot lighting in the back right now, which should be adequate. The landlord is concerned about safety also and said he would take any lighting and quadruple it. Dave Nelmazk reported tt�ere aze no outstanding obligations against the four charities. They aze good citizens in the community. Ellen Watters, President of Midway Chamber of Commerce, appeared to speak in support of the license application. The neighborhood's concerns have been articulated and addressed. This business will add to the potential of redevelopment. This location provides a good oppoituuity for the continued health of the bingo hall users and the potential for redevelopment of the site. The increased activity that the customers will bring is a positive in terms of increased purchasing and activity. As for crime prevention, the more people azound, the more positive environment is created. Lighting and securily are important. A beat cop is working from 10:00 am. to 7 p.m. If crime becomes a huge problem, the Chamber of Commerce will be in line with the neighbors saying this needs to be fixed. Ms. Watters stated Midway Training Services is an important partner in the continued health of the Midway. They help the Chamber of Commerce pick up shopping carts in the area and trash. Mr. Strathman asked is the pazking adequate. Mr. Zangs responded it is. Gerry Strathman recommended approval of this license application. He understands all the issues raised. It seems the applicant has satisfactorily addressed the issues. The signage seems appropriate. The security plans seem reasonable. He understands the reticence about doing landscaping in the parking lot because of potential development. Location makes parking less of a visual problem than in a more residential neighborhood. There is no reason to limit the license beyond the customary term of hvo years. There will be another resolution for a variance from the required two miles between bingo locations, but that will be a public hearing before the City Council. The meeting was adjoumed at 10:54 a.m. (Note: Lany Zangs retained some of the items given to Gerry Strathman at this meeting.) � COURT OF APPEALS NlJMBER CX-00-1838 � - ,� g9:58 RSSOCIRTED ARCHITECTS . Memo ta Fte Re: M"�clway Center Jim Cox Date "� Project No. 2410.90 Ca-�9� COURT OF APPE�S NUMBER CX-00-1838 DOCUMENT #6 A reviaw of the current certter tenants space and proposed tenants is as follows: SCHEME `C' Retail Common HaiUCira Office Fast Food Restaurent Sowfing Bingo 90 Guest Inn Restaurant (out lot #4} Area 242.244 / 280 3200/5604 2427 ! 350 3410 / 110 11612/125 32 4anes x 4 Parking 865 1 7 31 ��s�"e^q J 93 128 �\\ ♦�` i i 10,000 l75 133 � 90 ��`-��. 600011D0 84 Total Required Existing Stalis �::�� i�l }J��Ca� - �. �o o. �u�,o��.. � � b�� t L� z:E.. w�.�W1. '�`� TiN Aaeetabd Ar�. b+�. A Cmc/Buelow CompanY 247 SOUQ� CIBVe�tW Avem�e Fia(nc pau1. MLnneaWe 55705�1299 T9lephorw 851l898•0808 Fac�mpe 85t/898�Oa5� ��a�.� (k � ncz w � �, �� ,�, � C.�'�-v c.e w-�-I( � r�, "ba�iti�v�t� MpR 29 2000 09�52 651 698 0459 fi51 698 6459 P.06i07 � The . Ar�h�eets PF�iE. 06 69�58 RSSOCIATED FlRCHITECTS � � � . i�v-' �� f � � � / , � i % - �Jiiiiiiii� ' i � � 1 _ 651 698 0459 P.07i07 �r� � �� I a) � 1 SI7E PLAN ALTERNATE 1. r=so' °�( ^� I , �IT � � A �� t � `� � �I�; � �€ �� " i l� �I' �� MRR 29 2000 09�52 COURT OF APPEALS NUMBER CX-00-1838 � i �� E6fu�� N�� i 651 69B 0459 TO7AL P.07 PRGE. 0'I �� ZONIl�IG CODE rectly with customers. Ali goods produced on the premises shall be sold at retal on the premises wfiere produced. (2} F,xcept for off-street parldng or loading, all business, storage, servicing or process- ing shall be conducted within completely enclosed buildings. (Code 1956, § 60.483; C.F. No. 92-1479, § 4, 12-15-92) Sec. 60.524. Principal uses permitted sub- ject to special conditions. The following additional uses shall be permit- ted, subject to the conditions hezeinafter imposed for each use and subject W the standazds specified for all special condition uses as set forth in section 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) Publicly owned buildings; public utility buildings;telephone exchange buildings; electric transformer stations and substa- tions; gas regulator stations with service yazds, but without storage yards; water and sewage pumping stations. (2) Hailroad right-of-way, but not including terminal freight facilities, transFer and storage tracks. (3) Hospices serving sixteen Q6) or fewer facility residents. (4) Shelters for battered persons ot transi- tional housing serving sixteen (16? or fewer facility residents, provided they aze not located in a planning district in which one ( ll percent or more of the population lives in licensed human service community res- idential facilities, licensed correctional mm- munity residential facilities, health de- partment-licensed community residential facilities, transitional housing, shelters for battered persons, emergeney housing or overnight shelters. (5) Cellular telephone antennas Iceated on a freestanding pole, as regulated in the OS-1 district, section 60.514(6)a. through g. Supp. No. 41 �.��`� � ' 4 60.532 (6) Accessory buildings, struct�res and uses customarily incident W the above permiL. ted uses. (Code 1956, § 60.484; Ord. No.16956, 3-9-82; prd. No. I7039, 7-7-83; Ord. No. 17845, § 23, 6-2T-91; Ord. No. 17894, § 2, 12-3-91; C.F PIo. 93-1718, §¢ 36, 37, 12-1493; C.F. No. 93-1815, § 7, 12-2�93; C.F. No. 97-565, § 9, 611-97; C.F. No. 99-750, § 3, 9-1-99) Sec. 60.525. Area, bulk and setback require- ments. See Chapter 61, Schedule of Regulations, lim- iting the height and bulk of buiidings, the mini mum size of lot by permitted land use, and providiag minimum yard setback requirements. (Code 1956, § 6Q.485) Subdfoision 3. 60.530. B-2 Community Business District Sec. 60. ��Intent. The B-2 Community Business District is in- tended to serve the needs of a consumer popula- tion larger than that served by the "Local Busi- ness District," and is generally chazacterized by a cluster of establishments generating large vol- umes of vehicular and pedestrian traf�ic. (Code 1956, § 60.491) Sec. 60.532. Principal uses permitted. In a B-2 Community Business District the use of land, the location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses unless otherwise pro- vided in this code: (1) All principal uses as permitted and as regulated in a B-1 District. (2) All retail business, service establish- ments or processing uses as follows: 551 a. Any retail business whose principal activity is the sale of inerchandise in an enclosed building. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #7 ¢ 60.532 LEGLSLA'TIVE CODE �i0 -c�`1 t b. Any service establishment of a vet- erinary elinic, an office, showroom or workshop nature of a contractor (in- cluding, but aot limited to, plumb- ing, heating, air conditioning, eleo- trical, mechanical), decorator, dressmaker, tailor, bakei; painter, up- holsterer, or an establishment doing radio or home appliance repair, pho- tocopying, and similaz service estab- lishments. c. Private clubs, fratemal organiza- tions, liquor licensed establishments and lodge halls. d. Restaurants and fast-food restau- rants when incorporated within a multi-use retail center and which do not provide drivrthrough window 'ce. �� e. Thea e ly halls, auction �r�r-' halls .bin o halts, concert halls, re- 1� S _ / ception similar places of , k J assembly when conducted com letei lf � within enclosed ui dings. f. Business schools, nonacademic col- leges or trade schools operated for profit. g. Colleges, universities, and seminaz- ies, and other such institutions of higher leaming, public and private, offering courses in general, techni- cal, or religious education and not operated for profit; pmvided, that 1. Dormitories or other group stu- dent housing shall not be per mitted within the district; 2. When an institution is estab- lished in the district, the insti- tution shall be required to pro- vide the minimum number of off-street pazldng spaces for em- ployees, staff, or students as set forth in section 62.303(g). The institution shall be re- quired to provide additional pazking spaces only when the minimum number of parking spaces will have W be increased due to a more than ten (10) percent or three huadred (300) gain in the total number of em- ployees, staff or students, which- - ever is less. Thereafter, addi- tional pazlring spaces w�71 have to be provided for each subse- quent gain of more than ten (10) percent or three hundred (300) in the total numbes of employees, staff'or students; and 3. To determine compliance with pazldng requirements in item 2. above, the institution must file an annual report with the planning administrator stating the number of employees, staff and students associated with the institutian. h. Mail order houses. i. Health/sport clubs, conversation/rap parlors, massage pazlors and steam room/bathhouse facilities which aze not adult uses. j. Food catering establishments. k. .. Public, pazochial and other private elementary, junior high or high schools offering courses in general education, and not operated for profit. Brew on premises stores as regu- lated by Minnesota State laws. Coffee kiosks. n. Fully enclosed auto sales when in- corporated within a multi-use retail center. (3) Recycling drop-off station; provided, that the facility: a. Shall not occupy an area more than two hundred (200) square feet and shall not interfere with parking and maneuvering requirements of the principal use; b. Shall be screened pursuant to sec- tion 62.107 if it abuts a residential use or district; Supp. No. 41 552 COURT OF APPEALS NCTMBER CX-00-1838 . .+/ � � � � 2 � � U � -P�-se�� t ---_L"_ �'-'� � /a�/a� � �� -�� c C° � E � � � t �x . f�� L O G+� � �` � i �� v � COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #8 - � �--_� _____: =� -_--:_;r ,� . -i.;.__ % ,. .: � ' , ,_ � t � � t`y �� f` *-'� •; •- � :. i ; �� j `; '� . ' B � � 't -- ; . . . I ' � �t M . • � ! ` � � ___�: 1 _:._ , ., t , :f � i _ ... , � ,� • '_ � � '� I � � % � � i� �- . � I : -,��, , I ; ,. �� ,� , ��' � _J � ��_. ' I,. T0 � , ,■ _�; .� -_: - -� : 6 .� _ • � c = r . .� �• �� • � , r �� u � � : :� Eii L ' � � �� _� :� . r ri � r �� i �u � ��- �� ! • � :�� _� :� ^ ..�;f �: r� �■ � �) �• � �i �..� � �=iE w�l �_ .. �1��► =" d -� - !� �� . � -----------;� i, �, '� ' 'f a � � � ...:�: ; i � ...... 3X; i i ; � _I � l � COURT OF APPEALS NUMBER CX-00-1838 DOCiIMENT #9 Od�` C� � W S� C� � �� p � y � �� pITY O� m !�� 9� � x O - H � iIEF��fl11I[ ro � 11€I � @I II C h � 185'� � SUMMARY MINUTES DG ` � `/ OF THE SAINT PAUL CITY COUNCIL Wednesday, September 27, 2000 3:30 - 5:00 p.m. PUSLIC HEARfNGS - 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Ke{togg Boulevard The meeting was called to order at 335 p.m. by Council President Bostrom. Present - 5- Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2- Blakey, Harris (both excused) CONSENT AGENDA (Items 1- 31) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSIONIS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson requested the minntes of September 13 be laid over one week. Councilmember Reiter requested Item 10 be withdrawn. Councilmember Benanav requested Item 11 be withdrawn. Councilmember Lantry requested Item 19 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas - 5 Nays - 0 FOR ACTION Approval of minutes of September 6, and September 13, 2000. Adopted minutes of September 6 Laid over minutes of September 13 to October 4 Yeas - 5 Nays - 0 2. Claims of Susan Carter, Happy Hearts Day Care, HealthEast Transportation, Sue Hurley, Bruce Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for 7ames Long), Glenn and Andrea Smith and Charlene Steffes. Referred to the Employee/Risk Management Division Suvunons and Complaint in the matter of Building Restoration Corporation vs. the City of Saint Paul, et al. Referred to the City Attorney's Office � COURT OF APPEALS NUMBER CX-00-1838 DOCLJMENT #12 �o- 8� 9t September 27, 2000, City Council Summary Minutes Page 2 4. Letters from the Citizen Service Office/Properry Code Enforcement declaring 684 Cook Avenue East and 429 Lafond Avenue as nuisance properties and setting date of Legislarive Hearing for October 3 10 2000, and City Council Hearing for October 25, 2000. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1076 Jackson Street, 637 Rice Street, and 815 Robert Street South as nuisance properties. (For norificarion purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letter from the Reai Estate Division announcing a public hearing before the City Council on October 25, 2000, to consider the petirion of Uppertown Preservation League to vacate a City right-of-way at 365 Michigan Street in order to repair a historical building. (File #3-200Q) Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 4, 2000, to consider a preliminary and fmal plat (Sibley Pazk Aparnnents) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and Sibley S�eet. 8. Administrarive Orders: D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee Salary account in the Department of Public Works. D001921 Amending the budget of the Community Development Block Grant Fund by moving balances of completed Pazks projects to the Contingency Funds. D001922 Revising the spending and fmancing plans of various capital projects in the Department of Public Works. D001923 Transferring $2,250 fram the 2000 Citywide Capital Maintenance projects to the 2000 Police Capital Maintenance Projects. Noted as on file in the City Clerk's Office 9. Resolution - 00-867 - Approving the Memorandum of Agreement between the City of Saint Paut and the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe adjustment. (To be laid over one week for adoption) Laid over to October 4 for adoprion 10. Resolurion - 00-848 - Concerning adverse action against all licenses held by Paradise & Lunches, Inc., dba Dakota Baz & Grill, 1021 Bandana Boulevazd East. (Uncontested) (Laid over from September 20) Withdrawn Yeas - 5 Nays - 0 ��g�� September 27, 2000, City Council Summary Minutes Page 3 1 l. Resolution - 00-868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba Midway Center Bingo, 1508 University Avenue West. (Legislarive Hearing Officer recommends approval) Withdrawn Yeas - 5 Nays - 0 12. Resolution - 00.8b9 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Biliboard Issue, 1430 York Avenue, 1429 Grand Avenue, 26 Dale Avenue South, 682, 888, 131 l, 1325, 1329, 1335, 1940, 1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Le�cington Pazkway South, 608, 612 and 616 Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop Lane, and 1775 Grand Avenue - #306. Adopted Yeas - 5 Nays - 0 13. Resolution - 00-870 - Approving a lease agreement between the City of Saint Paul, the Board of Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operation of a wireless communication system at the Highwood Standpipe site in Maplewood. Adopted Yeas - 5 Nays - 0 14. Resolution - 00-871 - Authorizing application for the Livable Communities Demonstration Program. Adopted Yeas - 5 Nays - 0 15. Resolution - 00-872 - Approving the Cultural STAR recommenda6on for improved downtown signage for directing the public to and from the Rice Park azea. Adopted Yeas - 5 Nays - 0 16. Resolution - 00-873 - Directing the Division of Pazks and Recreation to explore the possibility of developing outdoor athletic fields at Saint Paul Regional Water Services' Sandy Lake site. Adopted Yeas - 5 Nays - 0 17. Resolution - 00-874 - Approving the addition of Linwood Park Booster Club and I3eighbarhood House to the 2000 Charitable Gambiing 10% Club. Adopted Yeas - 5 Nays - 0 18. Resolution - 00-875 - Establishing the 2001 Residenrial Sueet Vitality Program assessment rates. Adopted Yeas - 5 Nays - 0 19. (Discussed after the consent agenda) ��gy/ September 27, 2000, City Council Summary Minutes Page 4 20. Resolution - 00.877 - Amending the spending and financing plans for the Census Tract 9 & 10 project. Adopted Yeas - 5 Nays - 0 21. Resolution - 00-878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation Prograzn & 1998 Ma,}or Sewer Repair Projects. Adopted Yeas - 5 Nays - 0 22. Resolution - 00-879 - Authorizing and directing the Office of Financial Services, Treasury Section, to initiate all necessary action leading to the possible issuance of City General Obligation River&ont Taz� Increment Refunding Bonds in the approximate amount of $8,410,000.00 for the putpose of sufficient savings. Adopted Yeas - 5 Nays - 0 23. Resolution - 00.880 - Authorizing the Police Department to enter into an agreement with the Best Western White Bear Country Inn for providing the meeting room and refreshments for an Intemet Crimes Against Children Task Force Training Seminaz. Adopted Yeas - 5 Nays - 0 24. Resolution - 00-881 - Authorizing the Police Depamnent to enter into an agreement with Saint Paul Arena, LLC, to provide and to be rennbursed for security services for the Minnesota Wild Hockey gaznes and events. Adopted Yeas - 5 Nays - 0 25. Resolution - 00-882 - Canceling Final Orders, C.F. 94-1116 and C.F. 97-459, for sidewalk reconstructionlconstrucrion projects on the north side of Summit Avenue from Virginia Street to North Western Avenue and Hayden Heights Playground as the work was not done. Adopted Yeas - 5 Nays - 0 26. Resolution - 00-883 - Amending C. F. 00-273, adopted March 22, 2000, which vacated and discontinued public property located neaz York and Weide Streets. This would amend the resolution so as not to retain the easements. Aciopted Yeas - 5 Nays - 0 27. Resolurion - 00-884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue East. Adopted Yeas - 5 Nays - 0 28. Preliminary prder - 00-885 - In the matter of residenfiai street paving and lighting for the FifthlKennard Residenrial Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935) Adopted Yeas - 5 Nays - 0 �a-�'9j September 27, 200Q City Council Summary Minutes Page 5 29. Preliminary Order - 00-886 - In the matter of construction of storm sewer connections, sanitary sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in conjunction with the Fifth/ Kennazd Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935C) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 00-887 - In the matter of the PagelManomin Area Street Paving and Lighting Project, and setting date of public hearing for October 25, 2000. (File #18931) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 00-888 - In the tnatter of sidewalk repairs and/or the repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Page/Manomin Area Street Paving and Lighting Project, and setting of date ofpublic hearing for October 25, 2000. (File #18931 misc) Adopted Yeas - 5 Nays - 0 19. Resolution - 00-876 - Authorizing the Depaztment of Public Works to seek Federal government funding from the U.S. Department of Transportafion for full or partial funding to construct a gondola across the Mississippi River. R�c Chehouri, Department of Public Works, appeazed before the Council. He said he was in Washington, D.C. seeking federal grant money for the City to build a gondola from the Science Museum to Harriet Island as well as seeking funds for the Phalen Boulevard project. When he met with the Deputy Secretary of Transportation, he stated that the Department of Transportation was interested in the gondola project and they would try to get money for Saint Paul for the project. The City of Philadelphia is also building a gondola and they received a$6 million federal grant. Mr. Chehouri said Public Works avoided research expenses by contacting the City of Philadelphia about their project. Public Works has spent about $5,000 studying the project, he said. T'hey feel the project can sustain itself and make a profit by charging a fee of $2.00 per ride. Revenues aze also anticipated from private investors such as McDonald's who would subsidize the gondola by paying $1.00 for each "Happy Meal" sold. They would also receive public advertising money for the gondola. Mr. Chehouri said it would not be difficult to maintain the gondola and for it to sustain itself; City money would not be used to sustain the system. Councilmember Lanhy said the gondola should not be referred to as a mode of transportation but rather a tourist attraction. Phalen Boulevazd is a lazge priority for the entire City of Saint Paul and she did not want the impression to be given when lobbying for federal transportation dollazs that iPs an either/or situation. 5he also noted that there be-8'r/ September 27, 2000, City Council Summary Minutes Page 6 has not been discussion amongst the Council regazding the gondola as to whether not it is something they really want over the river. She does not feel it's a good use of iransportation doliars for a tourist attraction. Mr. Chehouri said before he went to Washington, he met with staff from the Mayor's Office and they indicated their number one priority was Phalen Boulevazd and he was instructed not to take any federai money that would affect the chances of getting money for Phalen Boulevazd because of the gondola. He was assured by federal officials that the money Saint Paul would receive for the gondola has nothing to do with what the City would receive for Phalen Boulevard because they aze coming out of different funds. He was told there is no money for Phalen Boulevazd this yeaz and if the money is not taken for the gondola, the City will receive nothing this yeaz. Until a discussion is held on what the City's transportation policy is, to take $3 million in federal funds is fiscally irresponsible, Benanav said He further challenged the statement that the gondola would be maintained and sustained by the private market because that statement has been made regarding other projects which proved to not be the case on an on-going basis. He felt at some point it would become the City's responsibility to maintain. He said he has not seen any fiscal projections as to how it would not impact the taxpayers. Mr. Chehouri responded that it will cost $28.00-30.00 per day to operate the system. It will operate on an engine the same size as in a bus and will be run by electricity. Councilmember Benanav said this discussion should have taken place several months ago as there aze many questions to be answered before going forwazd. Ae also noted that he had seen proposals for a$10-15 million pazidng ramp on Harriet Island and $1 million to move the utility wires to install the gondola, etc., and those are issues the Council should have been discussing before going to Washington for money. Councilmember Coleman said he did not feei this was an issue of money but whether it couid be a potenrial amenity for the City of Saint Paul. As a City, he said they need to be always challenging themselves with new and creative ideas to bring people to the City. After further discussion, Councilmember Coleman moved to withdraw the resolufion. Withdrawn Yeas - 5 Nays - 0 ba -�9/ September 27, 2000, City Council Swnmary Minutes p� � FOR DISCUSSION 32. Siz-month Update from the Office of Labor Relarions on their work plan schedule in response to the Coimcil Reseazch Performance Audit (Update requested by the Council on Mazch 15, 2000) Katherine Megarry, Office of Labor Relarions, presented a report of their accomplish- ments over the past suc months. She noted the most sigcrificant item was that they have no open contracts at tlris time. The next seven contracts that will be negoriated expire at the end of December. She also noted that contracts aze now posted on the Web. Mazcia Moermond, Policy Analyst, Council Reseazch Center, reported that Council Reseazch staff is very impressed with the way scheduling and conclusion of contracts is progressing. She noted one of the problems they found was with the provision pertaining to promorional rights and supervisory posirions where inherent managerial policy states "we can not infringe our own rights to hire who we think is appropriate for a supervisory position." Ms. Moermond said it was her understanding from talking to the City Attomey's Office, Labor Relations, Human Resources, and the Mayor's Office that the week of October 5 they will be beginning the process of examining civil service rules, contract, etc. as to what needs to be changed. The 12 month update will be presented on Mazch 28, 2001. 33. Presentarion and demo by the Office of License, Inspections and Environmental Protection of the AMANDA and ECLIPS systems. (Presentarion requested by the Council on August 2, 2000) (Reiter left) A handout was distributed and reviewed extensively by Bob Kessler, Bob Cheney, and Peter Kishel, Office of LIEP. Councilmember Benanav questioned what LIEP's goals were with this system and if those goals have been met. Mr. Cheney responded that LIEP's goal for the ECLIPS system when they started was to find a replacement for the EXL system that the licenses ran on. They were concerned that they would not meet the Y2K deadiine with both of the systems as weil as the licensing system but they met their goal and there was no down time. The AMANDA system is a replacement for the D-Base system which they used for permits. It was a similar Y2K issue and it was ready to go in September 1999. A secondary goal was to iry to streamline their processes and allow employees to use these tools to accomplish more work with less staff due to the economy, etc. bb-�Rl September 27, 2000, City Council Summary Minutes Page 8 Bob Kessler added that since 1995 LIEP has had approximately a 167% increase in workload which inciudes increases in the number of licenses and permits and they have been able to keep up with that workload with a 6% increase in staff. They have taken former inspectors who have developed the system and they were srill able to keep up with the workload because of the efficiencies the system provides. Councilmember Benanav raised the issue of animal control saying he recenfly held a meeting regazding a situarion with dogs and there seems to be a lack of coordinarion between the animal control staff. He asked if there was a way to use the new system to coordinate animal control issues. Mr. Kessler responded that it is in the plans for the future. LIEP has a licensing system that is computerized but an actual complaint system that is still paper-based. Council President Bostrom asked if other departments have access to this data. Mr. Kessier responded that the Fire Department is developing their own inspection system with AMANDA and the next step will be to use the complaints module that is developed by AMANDA which would be for the Office of Citizen Services and that wouid be a City-wide application. (Reiter returned) 34. Progress report by the Mayor's Administration on their discussions with the appropriate State agencies and elected o�ciais regazding the distinct odor from the Gopher State Ethanol Plant. (Request per Council File 00-841 adopted on September 13, 2000) Dan Smith, Deparhnent of Planning and Economic Development, presented a report. He announced that a public hearing was scheduled for October 18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue. Mr. Smith distributed a copy of a letter he sent to members of the St. Paul Legislative Delegation on September 26, 2000. Mr. Smith reported that he has been working with the State Agriculture Degartment and staff &om the Ethanol Program. A new member has also joined the working group from the State Health Department. The plant has received a pilot test scrubber. They have diverted the portion of the emissions from the grain dryer which they aze going to be testing and they will be getting the scrubber in place. They have a toxicologist who will be measuring the before and after. The piant has identified i l compounds in the emissions which may be causing odor. They will test and identify the chemical makeup of the emissions before the scrubber, put the test scrubber in, and idenrify the chemical makeup of the emissions after the scrubber. They also have retained a firm that specializes in measuring odor with 66�$�!� September 27, 2000, City Council Summary Minutes Page 9 elec�onic devices. 5ince odor is subjecrive, they also have a panel of six to eight people to actually smeil bags. They aze also looking at the possibility of shipping the distiller grains, which aze currently dried in the grain dryer, away from the plant while they are stiil wet. Mr. Smith said he has spoke with Mr. Dan Morris &om the Institute for Locai Self Alliance and he is looking into some markets for the wet grain. He indicated that the cost of petroleum and natural gas has driven up the cost of drying the grain so there may be some savings to the plant in discontinuing the drying prices that were not there when the plant was built. Mr. Smith said there are several possible odors coming from the plant. They aze quite certain the odor that is most persistent in the outlying neighborhoods is coming from the graan dryer. There aze other odors that may be coming from the distiliing and from the fermenting and aiso from the brewery which is important to remember. The plant feels if they can address the grain dryer smeli, they can bring the odor level back to an acceptable level as it had been before the ethanol piant opened. Councilmember Coleman said that he and Mayor Coleman have met with staff and they aze continuing to do everything possible to eacplore the various oprions that may resolve the problem. ORDINANCES 35. Final Adop6on - 00-806 - An ordinance fmalizing City Council acrion approving a petition of Episcopal Church Home to rezone property located on the corner of Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the expansion of a retirement community. (Pubiic hearing held August 9, 2000) Councilmember Senanav moved approval. Adopted Yeas - 5 Nays - 0 36. Second Reading - 00-859 - An ordinance approving amendments to Chapter 189 of the Saint Paul Legislarive Code; assign the responsibility for setting fees to the Truth- in-Sale of Aousing Board and remove specific dollaz amounts for fees from the ordinance, add Time of Sale definition, and clarify Required Acts. Laid over to October 4 for third reading/public hearing 37. Second Reading - 00-860 - An ozdinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch. 471.345). Laid over to October 4 for third reading/public hearing ��-Sq� September 27, 2000, City Council Summary Minutes Page 10 38. Second Reading - 00-861 - An ordinance amending Chapter 86 of the Saint Paul Administrarive Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch 471.35). Laid over to October 4 for third reading/public hearing 39. Second Reading - 00-862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from January 1, 2001, to December 31, 2001, to inctease housing in Saint Paul. Council President Bostrom recommended the pubiic hearing be held on October at wluch time he felt the Council would have the informarion they requested. Councilmember Benanav moved to lay ovet to October 25 Laid over to October 2i for third reading/public hearing Yeas - 5 Nays- 0 40. First Reading - 00-889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab velucle inspections instead of biannual inspections and aliowing for appearance inspections of taxicab vehicles up to six (6) times per year. Laid over to October 4 for second reading 41. First Reading - 00-890 - An ordinance amending Saint Paul Legislative Code Secfion 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to October 4 for second reading Suspension Items: Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 00-910 - Waiving the 45-day norice requirement for issuance of a liquor li,:ense to Bamboleo, 162 Dale Street. The owner of the restaurant appeazed and said a few words about the restaurant. He indicated that Bamboleo is a Caribbean-Latino restaurant. Adopted Yeas - 5 Nays - 0 ��- � l/ September 27, 2000, City Council Summary Minutes Councilmember Coleman moved suspension of the rules and approval of the following resolution: Page i 1 Resolution - 00-911- Waiving the 45-day norice requitement for issuance of a liquor license to Mickey's Nook, 492 Hamline Avenue. Adopted Yeas - 5 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the foilowing resolution: Resolution - 00.912 - Amending Council File 00-321, Adopted Apri15, 2000, (approving the petition of Dennis Guprii to vacate a portion of East Fifth Street, Etna Street, and the alley in Hamer's Subdivision in order to aliow construction of new housing units) by changing wording in the legal descriprion. Adopted Yeas - 5 Nays - 0 The meeting was recessed from 4:50 - 5:32 p.m. Present - 4 Absent - 3- Blakey, Harris (both excused); Coleman (azrived after rol] call) PUBLIC HEARINGS The nublic hearine on the Housing Revenue Bonds for the Franciscan Health and Housine Services Proiect (St Mary's) was continued to October 4 2000 42. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cabie Communication Service and applications received from Everest Connections Corporation and WideOpenWest Minnesota, LLC. (Laid over from August 9 for continuation of public hearing) Gerry Strathman, Council Reseazch Director, reported the City was still in the process of obtaining complete informarion from both applicants and he recommended the hearing be continued to December 6, 2000. Councilmember Lantry moved to lay over to December 6, 2000. Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0 ��f September 27, 2000, City Council Summary Minutes Page 12 43. Third Reading - 00-550 - An ordinance to regulate newsracks that are located within public rights-of-way. (Substitute introduced June 7; laid over from August 9 for continuarion of third reading/public hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25 for continuation of third reading7public hearing) Coimcilmember Coleman moved to lay over to October 25. Laid over to October 25 for continuation of third readinglpublic hearing Yeas - 5 Nays - 0 44. Resolution - 00-165 - Conceming adverse action against all licenses held by E& K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license fees. (Laid over from September 6; conditions were placed on the license) Virginia Paimer, Assistant City Attomey, reported this adverse acrion invoives Checkers Nite Club's failure to pay delinquent license fees and failure to have liquor liability insurance in force. At the September 6, 2000, Council meeting, Ms. Palmer requested a layover as she had discussions with the owner pertaining to withdrawing the licenses as he indicated the business had been closed. She received a letter from the owner saying the establishment has been closed since February, 2000. However, the delinquent license fees go back to the last haif of the fees due in 1999-2000 and cover a lazger period of time than the time he indicates the business was closed. Ms. Palmer recommended the Council adopt the resolution suspending the licenses until ail license fees have been paid and that he not be allowed to re-open until liquor liability insurance is in force. No one appeazed in opposifion; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Public hearing to consider the report of the Administrative Law Judge conceming the Application for a Taxicab Driver's License by Willie B. 7ones, 7r. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an Administrarive Law Judge (ALn concerning this matter. Willie Jones applied for a taxicab driver's license and was recommended for denial based upon a 1997 felony conviction. The Legisiative Code does not permit a person to have a license if they have a felony conviction within the last five yeazs. Mr. Jones requested a heazing in order to present evidence that he had undergone rehabilitation and was a fit applicant for a driver's license. He was sent notice of the hearing but failed to appeaz. Therefore, The Administrarive Law Judge report made September 27, 2000, City Council Summary Minutes � V � f �� Page 13 findings that Mr. Jones had been given proper notice, that he forfeited his right to contest the aliegations and that there was no evidence of rehabilitation in the record and made a recommendation that the Council deny the license. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the report of the AI.J. Adopted the Findings of Fact, Canclusions and Recommendation of the Administrafive Law 7udge (application denied) Yeas - 5 Nays - 0 Public hearing to consider the report of the Administrarive Law 3udge concerning the Auto Body Repair Garage License held by Steve's Auto Body, 1196 East 7th Street. Virginia Palmer, Assistant City Attomey, stated that the Office of License, Inspections and Environmental Protecrion (LIEP) had started adverse action against the licenses held by Steve's Auto Body based upon allegations of violarions on the conditions of lus license. Mr. Hakala requested a hearing before an Administrative Law Judge (ALJ}, appeared and gave testimony. The ALJ also heazd testimony from LIEP employees and the licensee and property owner and found that LIEP had sustained the burden of showing there have been violations of the conditions on the license. Adverse action was previously taken against the ]icense on January 12, 2000, due to violation of the condirions of the license. At that rime, Council imposed a penalty of a 30-day ciosure with 15 of the days suspended, a fine of $500.00, and that the properry be cleaned up within one week of adoption of the resolution. The recommendation at ttris hearing was for a 30-day closure and an additional 15 days, which were previously suspended, and a$1,000 fine. Tfie ALJ found that the violations had been proved, recommended adverse acrion but made no recommendation for what the appropriate penalty would be. Ms. Palmer noted in reading the ALJ report that monitoring the conditions on the property is taking an enormous amount of staff time in the Office of LIEP. She recommended that a 45-day closure wouid be appropriate since this is the second t'sme flris yeaz this matter has been before the Gouncil. She recommended ffie Council adopt the fmdings and conclusions of the AL7 report, impose adverse action, and that the property not be allowed to re-open until it is completely in compliance with all of the license conditions and any zoning code requirements. No one appeared in opposition; Councilmember Lanhy moved to close the public heanng. Yeas - 5 Nays - 0 b�-�qi September 27, 2000, City Council Summary Minutes Page 14 Councilmember Lanhy noted the number of violations Mr. Hakala has been cited for and said if he is allowed to operate, she does not feei he will come into compliance. The business he operates does not fit the space that is available to him, she said No one appeared in opposition; Councilmember Lantry moved to adopted the Findings of Fact and Conclusions of Law of the ALJ and also to deny the license. Adopted the Findings of Fact and Conclusions of the Administrative Law Judge. Adverse action was imposed (license was revoked and a$1,000 fine). Yeas - 5 Nays - 0 47. Pubiic hearing to consider the report of the Adminisnative Law Judge conceming the Application for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Virginia Paimer, Assistant City Attorney, outlined the conditions which were agreed to by the owner of High Tech Auto Services. I3o one appeazed in opposition; Councilmember Benanav moved to close the public hearing and Adopt the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge including addirional conditions recommended by the Office of License, Inspections and Environmental Protection. Yeas - 5 Nays - 0 48. Resolurion - 00-891 - Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the applicarion for a bingo hall iicense. Robert Kessler, Director of the Office of License, Inspections and Environmental Protecrion (LIEP) appeazed and said LIEP staff recommends approval of the bingo center appiication as they find the loca6on is consistent with the intent of the proposed waiver contained in Council File 00-314. LIEP staff, in consultation with David Gonterek of the Department of Planning and Economic Development, find that the bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hail is ideal in that it wili generate economic activity in a vacant and under-utilized azea of the shopping center and the physical iocation is sepazated from residential uses. LIEP aiso believes the concept of obtaining the consent of neighboring bingo halls to allow a new bingo hall to locate within the two mile radius of an eacisting hall dces not make sense. 23ot oniy �e there problems with the brokering of that consent, it limits competition and allows bingo hail owners the upper hand in leasing agreements. September 27, 2000, City Council Summary Minutes bb��9i Page I S Mr. Kessler said the Office of LIEP urges Council approval of the application and they oppose legislarion that allows for the waiver. Appearing in opposirion to the waiver were the following individuais: Bob Maher, Attomey with Best & Flannigan, representing Oak Grove Properties and Jim Reiliy, ffie owner of the commercial space at Lexington and University which includes a licensed bingo facility. He stated that Mr. Reilly has operated his bingo site for nine years with four cbariries as his tenants. If the Council grants the waiver, Mr. Maher said it was theu position that Mr. Reilly will no longer be able to operate a bingo facility at this site because his four cbarity tenants have indicated they will move their bingo sessions from the current space to the new Midway space if it is licensed. There are no other charities showing a desire to take their place so Mr. Reilly would have to close his business. Rather than the waiver providing an economic benefit, it will simpiy move an existing economic benefit to another location. There is no justification for depriving the Le�ngton-University azea of these benefits, Maher said. Don Ludeman, President of Snelling Hamline Community Council, said Sneliing Hamline is a very business friendly neighborhood and the community council has good relations with the businesses. Mr. Ludeman spoke for the waiver with conditions which he outlined There are neighbors in Snelling Haznline who have strong negative perceptions of bingo halls. They feel there is a potential for a negative impact on the neighborhood. The desire of the neighborhood is to work with the proposed tenants to minimize the negative impacts and masimize benefits. Appearing in support of the waiver were: Paula Maccabee, Attorney representing RK Midway, stated that the Council passed an ordinance which has a ciear guideline as to when a waiver should be approved. It does not talk about special circumstances but talks about promoting responsibie owc�ership and accountability. RK Midway determined the Lexington locarion was not meeting the needs of the four chariries involved ox their customers' needs for a feeling of security and far shopping which their customers wanted. Within the rights of their lease, which has a notice provision, they sought another alternative. RK Midway has signed leases and are ready to move into the space at Midway Center. Ms. Maccabee talked about why this move will provide economic development benefits. Ellen Waters, President of the Midway Chamber of Commerce, said she was present to offer the Chamber of Commerce's support for the waiver and the licensing. The potential economic benefits are shared by them from the standpoint of not whaPs good for any individual business but what is best for the whole Midway business community. They feel it is an important investment and she said they aze very pleased that RK Midway is willing to make some improvements and she encouraged them to continue to work with September 27, 2000, City Council Summary Minutes :La �� -�� Page 16 the neighborhood to address any concems. They feel the evidence is strong that the move will provide some very good benefit. Ms. Waters said they wouid be willing to work with Mr. Reilly at Le�ngton and University to find a good use for that properry. Bazbara Kale, CEO of Midway Training Services (MTS), one of the charities at Midway Bingo Palace, stated that MTS serves developmentally disabled adults and one of their main goals is to provide employment for their clients. She requested the Council's support of the waiver stating that MT'S has been involved in charitable gambling for appro�Limately 12 yeazs as they need to supplement the per diem they receive. Jerry Perron, Attorney with Leonard Street & Deinard, appeazed on behalf of RK Midway and submitted, for the record, the premise site plan, a city wning map showing that it will be wned B-2 and a bingo hall is an approved use in that zone, a parking study showing there is adequate parking for the site, and a composite site plan which shows this site is in the very epicenter of a very lazge commercial development and it won't have impact on the sutrounding neighbors. Councilmember Reiter moved to close the public hearing Yeas - 5 Nays - 0 Councilmember Benanav moved to grant the waiver saying he felt the waiver meets the test of the ordinance; i.e., it would provide economic development. He concurred with Ms. Kale that over the last few yeazs MTS has seen their profits decline significantly as a result of the condition of the premises they currently occupy. If projections aze correct, they will see an increase in their profits. Councilmember Reiter stated he would abstain from voting, on the advice of the City Attorney, as he has an association with one of the charities. Adopted Yeas - 4 Nays - 0 Abstention - 1(Reiter) (See discussion on page 17) (Reiter le8) 69. Public hearing to consider the application by Maryland Real Estate Investments for a subdivision review (combined plat) for subdivision of properry at 905-911 East Maryland Avenue (East Maryland Clinic). No one appeared in opposi6on; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 4 Nays - 0 (Reiter not present for vote) September 27, 2000, City Council Summary Minutes (Reiter returned) �� ` � Page 17 50. Resolution - 00-893 - Establishing No Pazking 8AM-8PM, Monday-Friday, Except by Permit, Area 22, wne on both sides of Goodrich Avenue behueen Cretin Avenue and Finn S�eet. 130 one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Benanavleft) 51. Resolution - 00-894 - Ordering the owner to remove or repair the building at t08 Atwater Street within fifteen (15) days from adoption of resolution. (Legislative Aearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on September 5, 2000, and no one appeared on behalf of the properiy. Approval of the order was recommended by Mr. Strathman. No one appeazed in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0(Benanav not present for vote) 49. Resolution - 00-892 - To consider the application for a sound level variance by Wild Tymes Sports Club, 33 7th Place West, to allow musicians and sound system concerts at their block parties from 12:00 noon to 12:00 midnight on September 29, 30 and October 1, 2000. (Benanav retumed) Robert Kessler, Director of the Office of License, Inspections and Environmental Protecrion (LIEPj, appeazed and recommended approval of the application. Councilmember Coleman said he was told by a member of the District 17 Planning Council that they had not received notice of the appiication for a sound level variance and their boazd was not able to take action. Mr. Kessler responded that his records show the district council was sent a notice. However, the requirement is that the norice be sent 15 days before the event, it was mailed on September 22 which, he acknowledged, did not meet the 15-day requirement. Councilmember Coleman suggested that a phone call or norification by fa�c could have served as notification in this case. po--��l September 27, 2000, City Council Summary Minutes Page 18 John McDonough, owner of Wild Tymes Sports Club, appeazed and talked about the event. Councilmember amended the hours for the sound level variance on October i to 12 noon to 9:00 p.m. No one appeazed in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted as amended Yeas - 5 Nays - 0 52. Resolution - Of1-895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East within fifteen (15) days &om adop6on of resolution. {Legislative Hearing Officer recommends granring the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a$2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislarive Hearing Officer, reported the bond was posted and a code compliance inspection was done. No one appeared in opposition; Councilmember Lantry moved to ciose the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 53. Resolution - 00-896 - Ordering the owner to remove or repair the properiy at 1246 Seventh Street East within fifteen (15) days from adoprion of resolurion. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 54. Resolution - 00-897 - Ordering the owner to remove or repair the properiy at 682 Western Avenue North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspecrion is completed and a $2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislative Hearing Officer, reported the required bonds were not posted and, therefore, he recommended agproval of the original order. 6��g9f September 27, 200Q City Council Summary Minutes Page 19 No one appeared in opposirion; Councilmember Reiter moved to close the public hearing and approval. Adopted (remove or repair within I S days) Yeas - 5 Nays - 0 55. Resolurion - 00-898 - Ordering the owner to remove or repair the propetty at 1497 York Avenue within fifteen (15) days &om adoption ofresolution. (Legislative Aearing Officer recommends granting the owner 180 days to complete rehabilitation of the property) Gerry Strathman, Legislative Hearing Officer, reported the required bonds and code compliance inspection were completed No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legisiative Hearing Officer) Yeas - 5 Nays - 0 56. Resolution - 00-899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported a Legisiative Hearing was held on this matter on September 19 and no one appeared on behalf of the property. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 57. Appeal of Paul3ohnson to a summary abatement order for property located at 79 Virginia Street. (Legislative Hearing Officer recommends denyutg the appeal} Gerry Strathman,. Legislative Hearing Officer, reported a Legislative Hearing was held on ttus matter on September 5. T'he matter involved an appeal to a summary abatement order requiring that overhanging trees be cut and debris be removed from the driveway. Mr. Strathman said he felt the orders were appropriate given the circumstances and he recommended denying the appeal. No one appeared in opposifion; Councilmember Reiter moved to close the public heazing and approval. Appeal Denied Yeas - S Nays - 0 �o �� q September 27, 2000, City Councii Summary Minutes Page 20 58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln Avenue. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on this matter on September 5. It involved the appeal of a correction order having to do with tall weeds and grass and other repairs to the exterior of the building. Testimony was taken and based on that, he recommended the appeal be denied No one appeazed in opposition; Councilmember Reiter moved to close the public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 59. Iiesolution Rarifying Assessment - 00-900 - In the matter of summary abatements (properry clean-up) at vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue and 244 Aurora Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163 Minnehaha Avenue West (J0002V�. (Laid over from August 23) (Legislative Hearing Officer recommends the following: Vacant lot on Ross Avenue (J0003AA1- approve the assessment 1153 Sherburne Avenue (70003AA1- reduce the assessment to $200.00 pius the $45.00 service fee for a total assessment of $245.00 762 Thomas Avenue (J0003AAZ- approve the assessment 244 Aurora Avenue (J0003AA1- approve the assessment 99 Hatch Avenue (T0002V� - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00 1163 Minnehaha Avenue West (70Q�2W1- reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00) Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held on September 5, testimony was taken, and recommendations were made by the Legislarive Hearing Officer. No one appeared in opposition; Councilmember Lantry moved to ciose the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislarive Hearing Officer) Yeas - 5 Nays - 0 September 27, 2000, City Council Summary Minutes �V �� l Page 21 60. Resolution Ratifying Assessment - 00-901 - In the matter of summary abatements for towing abandoned vehicles from private property during the month of March and April, 2000 (J0003 V, J0004�; property clean-up &om late May through June, 2000 (J0004A); demolirion of vacant buildings during the months of June and July, 2000 (J0004C) (Legislative Hearing Officer recommends approval with the following exceptions: 1045 Fremont Avenue (J0003� - lay over to the September 26, 2000, Legislative Hearing and the October 4, 200Q City Council Meeting; 840 Montana Avenue West L004A1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 952 Euclid Street (J0004V) - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 769 Burr Street (J0004VZ - lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on September 19, testimony was taken and recommendations were made by the Legislative Hearing Officer. 10 Goodhue S�eetSJ0003V1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting) 966 Chazles Avenue was referred to a Legisiative Hearing on October 10, 2000, and City Councii Hearing on October 25, 2000. Orland Reno, 203 Genesis Street, appeared He was cited for two cars that were towed away, one in March and one in April. He stated that he purchased the properiy in May and he questioned why he was responsible for the assessment. Gerry Strathman, Legislafive Hearing Officer, said this matter was heazd at a Legislative Hearing and at that time he explained to Mr. Reno that under the City Code the property owner is responsible for all assessments. The seller should have informed Mr. Reno of pending assessments at the 6me of the sale. He. told Mr. Reno that Iris recourse wouid either be to the seller for not informing him of the assessment or possibly the ritie insurance. Cazol Anderson, daughter of the owner of 840 West Montana Avenue, appeazed She said she was appealing the assessment because damage was done to the gazage, the house, and the yazd by the heavy equipment that was used. Gerry Strathman, Legislative Hearing Officer, said at the Legislative Hearing he suggested to Ms. Anderson that she file a claim with the City for the damage that was done to the property. He felt the assessment of $345.00 for mowing was excessive and lie recommended reducing the amount. September 27, 2000, City Council Summary Minutes Councilmember Reiter moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer and the Council's recommendation on 966 Charles Avenue [see belowj) Yeas - 5 Nays - 0 6b-�� Page 22 Councilmember Reiter moved to re-open Item 60 to consider 966 Charles Avenue. Yeas - 5 Nays - 0 966 Chazles Avenue - Gerty Strathman, Legisiative Hearing Officer, stated the property owner did not appeaz at the Legislative Hearing and suggested it be refenad to the Legislative Hearing on October 10, 2000. The property owner was agreeabie. Counciimember Reiter moved to refer 966 Charles Avenue to a Legislative Hearing and approve the balance as noted above. Adopted as amended Yeas - 5 Nays - 0 bl. Resolurion Ratifying Assessment - 00-902 - In the matter of summary abatements for grass cutting (by private contractor) during the months of May, 7une ancUor 7uly, 2000 (70004G); boazding-up of vacant properties during the months of April and May, 2000 (J0004B); properiy clean-up from late June through July, 2000 (JOOOSA); towing of abandoned vehicles from private property during the month of May, 2000 (J0005�. Legislative Hearing Officer recommends approval with the following exceptions: 815 Robert Street South (70005A1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; 621 Humboldt Avenue (J0005 Vl - lay over to the September 26, 2000, Legislative Hearing and the October 4, 200Q City Council Meeting. (Coleman left) Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was heard on this matter and recommendations were made. No one appeared in opposition; Councilmember Lantry moved approvai as amended. Adopted as amended (per recommendation of the Legislafive Hearing Officer) Yeas - 4 Nays - 0(Coleman not present for vote) bb -$� � September 27, 2000, City Council Summary Minutes Page 23 62. Resolurion Ratifying Assessment - 00-903 - In the matter of installarion of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tre� planting, construction of a lantern style lighting system, and ali other work necessary to complete improvements for the Western/Lawson RSVP Paving and Lighting Projeck (File #18904) Counciimember Reiter moved to introduce a substitute resolution which deleted two streets. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Substitute introduced and adopted Yeas - 4 Nays - 0(Coleman not present for vote) 63. Resolution - 00-904 - Approving the vacation of parts of John Street and an alley for construction of the new Law Enforcement Center. (Vacation File #1-2000) Counciimember Coleman moved to lay over to October 25. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 64. Resolution - 00-905 - Approving the petition of the City of Saint Paul to vacate part of a lot neaz Point Douglas Road and Clarence Street originally taken for right-of-way purposes for the adjacent property owner now to purchase the properry. (Vacation File #9-2000) No one appeared in opposirion; Councilmember Lanhy moved to ciose the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 65. Resolurion - 00-906 - Approving the petirion of Total Tool, Inc. to vacate part of Aldine Street lying south of Roblyn Avenue and north of the raikoad right-of-way for the eupansion of a manufacturing and wazehouse facility. (Vacation File #10.2000) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 66. Resolution - 00-907 - Approving the petition of Donald and Doriene Callais to vacate part of the east-west alley in Block 14, Hayden Heights Addition to alter the shape of their properry. (Vacation File #8-2000) Tim Vandeberg, 1984 Cleaz Avenue, appeared in opposifion to the vacation saying that the vacation would deny him access to his garage because it is on the corner of the alley. September 27, 2000, City Councii Summary Minutes �b-��1 Page 24 Peter White, Reai Estate Division, displayed a map of the proposed vacation. A petirion was received to vacate a part of the ailey in the block bounded by Furness, Ruth, Cleaz, and Ivy_ A secrion of the alley is 27 ft. wide and the rest of the alley is 20 8. wide which is the standard alley width. The peritioner wanted to vacate 15 feet of the alley and between negotiarions with the petitioner and the Public Works Department, the request was limited to seven feet wluch leaves a 20 ft. wide ailey through the block. After the petition was received, Reai Estate contacted the utiliries and City departments and there were no objections to the vacation. Mr. Wlute said the recommendation is that the Council approve the vacarion subject to the terms and conditions in the resolurion. Mr. White procaeded to explain the layout of the alley and the gazage. Councilmember Benanav said he could understand there may be a problem with Mr. Vandeberg accessing his garage if the door is on the comer. He questioned if it wouldn't have been better to vacate part of the atley but cut off a piece for Mr. Vandeberg to access his gazage. Peter White responded that the City Council has authority to amend the resolution. If that were to be the case, he suggested it be laid over in order to come back with a legal descripdon of the reconfiguration. Councilmember Benanav moved to lay over four weeks. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 67. Resolurion - 00-908 - Approving the petition of the State of Minnesota to vacate Rose Avenue from Phalen Boulevazd to Bazclay 5treet for construction of the State of Minnesota's Bureau of Crirninal Apprehension Building. (Vacation File #2-2000) No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 68. Resolution - 00-909 - Agproving the petifion of Ronald Thorson to vacate Bazclay Street from Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a garage on part of the vacated azea. (Vacation File #6-2000) No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 69. (Discussed earlier in the meeting - see page 16) The meeting was recessed from 7:10 to 7:20 p.m. Rol] Cail: Present - 5 Absent - 2(Blakey, Harris - excused) b�-��l 5eptember 27, 20Q0, City Councii Summary Minutes Page 25 70. Public hearing to consider the appeal of the Summit Avenue Residential Preservation Associarion (SARPA} to a decision of the Heritage Preservation Commission (HPC) granting approval of a demolition permit at 828 Summit Avenue. Tom Reddering, Deputy Director, Office of LIEP, appeazed and stated a staff report or recommendation was not avaitable on tlus issue partially due to the resignation of former Heritage Preservation staff person Aaron Rubenstein. APPearing in support of the appeal was: James Toscano, President of SARPA. He said he feels the decision made by the HPC does not anticipate the consequences that occut. SARPA believes that any home in the Hill District of the Nationai Preservation District and the State Historic Preservation District must have an environmentai assessment worksheet (EAVI� as is specified in State and Federal rules. The State Environmental Quatity Board submitted a ruling. He questioned if the ruting cieazly states that both the Environmental Quality Board and the State Historic Preservarion agree that any home in the historic preservation district, if there is going to be removal or demolirion, must have an EAW. It was not done, it was pointed out to the Historic Preservarion Commission, and they chose to pass it on to the City Attomey and to the City Council. Mr. Toscano noted that SARPA is not opposed in any way nor dces it have anything to do with the people wishing to build a home on Summit Avenue. He said they were before the Council to ask that state law be enforced on the EAW and establish procedures so they have a precedent to use when other properties that are in the Hill District or other dishicts may come before the Council. Mr. Toscano said the staff recommendarion at the HPC was for further study which was disregazded. He said he testified before the HPC and there was no discussion of kris complaints or any discussion of the Summit Avenue Plan which lists the house as one of the homes of a noted azchitect. It would be the first house to be demolished since the 1980s and is a serious precedent setting case, he said Councilmember Lantry said it was her understanding that if 25 people signed a petition, the City was then required to do an EAW and she questioned Mr. Toscano if there is a petition process. Mr. Toscano said he did not know but in this case the State Environxnental Quality Boazd says it must be done. Appeared in opposition to the appeai were the following: Joseph Konstan, 582 Cretin Avenue, the prospecrive home builder at 828 Summit Avenue, explained in detail the steps they have gone through in their efforts to buy the property and build a new home. A public HPC hearing was held and their application September 27, 2000, City Council Summary Minutes bb � Page 26 was approved »nanimaus]y, Af}er discussing all the issues, SARPA appealed the decision, they went back to the HPC, and the HPC affirmed their findings and confirmed them in writing. Mr. Konstan responded to the issues raised by Mr. Toscano. He said the applicabie City Code and plans are fairly clear and they ail say t�e HPC should review all building permit applications for demolition which includes the Summit Avenue Plan adopted in 1986, the District 16 Plan adopted in 1989, and iYs clear in the City Code the criteria the HPC should use. He noted that SARPA did not raise the EAW issue in their statement before the HPC or in their letter of appeal. They raised issues about the Swnmit Avenue Plan, about the precedent and that it would "open the flood gates" and those issues were discussed and addressed specifically by the HPC. The HPC Chair made a statement that this is not precedent and the only precedent is that each case will be decided individuaily on its merits. To claim that the HPC neglected the unportant issues is not true, he said. Joan Ostrin, property owner of 828 Summit Avenue, voiced her support for pernutting the Konstans to demolish the home and rebuild. She said their plans for rebuilding will enhance and add distinction to Summit Avenue. Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0 Councilmember Coleman raised questions about the EAW process and where it fits in. He said the language of the State Code is clear by the Environmecual Quality Board (EQB). He asked Peter Warner, Assistant City Attomey, what the meaning is of historic districts as opposed to individual designarions of structures be if it were interpreted the way the respondent suggested. Mr. Wamer said one of the interesting problems in this case is the fact that a short while ago City staff asked the EQB for an interpretarion of the rules. They advised that it is the EQB's policy to look at all structures within a designated historical district as structures that require an EAW. That information was transmitted to the City Attorney's Office and he said he did not have a clear answer for the Council at this time. Mr- Warner said it would be useful for the City Attomey's Office to look at the rules and consult with EQB staff or the Assistant Attorney generai to determine if it is a long- standing interpretation because the impiications of it are fairly substantial to the City both in pas[ and future practices. Councilmember Coleman moved to lay over one week. Laid over to October 4 Yeas - 5 Nays - 0 September 27, 2000, City Council Summary Minutes �b-�� 1 Page 27 71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to replace a rear second story deck at 410 Eichenwald Street. Tom Riddering, Acting HPC staff person, appeared. He said there was not a staff report or recommendation on ttris matter. It involves an HPC decision to deny Mr. Thom approval for a rear second-story deck on his home. David Thom, the appeilant, appeazed He stated he has owned and lived at 410 Eichenwald Street for over 23 years. He submitted a permit application to replace a portion of the roof on his house and to replace the existing deck which is in severe need of repair. He showed the Council photographs of the areas he would like to repair as weli as neighboring homes with similaz decks. He said he did not feel his plans for the deck would alter the architecturai chazacter of the house. 3taff recommendation was that they would approve a simple stairway on the side of the house to replace the existing stairs and a landing from the stairs to the door but not a deck and he feels the deck needs to be repiaced. He noted he has the support of ail his close neighbors as well as addirional people in the surrounding neighborhood. Councilmember Coleman expressed concem that the Council had nothing concrete before them to make a decision and there was no staff person present. No one appeared in opposition; Councilmember Lantry moved to close the pubiic hearing. Yeas - 5 Nays - 0 Councilmember Lantry said she looked at the property and ffiere is no way Mr. Thom can build the deck differently to make it conforming. Councilmember Lantry moved to grant the appeal, that the HPC erred in its findings. The shucture is identified as non-contributing in the historic district and it is not pivotal to the historic district. It loses the spirit and intent of what the Code reads as "decks" which is that "decks should be constructed only at the rear of the building or where most inconspicuous." The HPC also erred because Mr. Thom will be replacing a deck that is already there and it could be removed at a future date with no azchitectural problems to the existing structure. Discussion ensued amongst the Councilmembers. Mofion of Intent - Appeal Granted Yeas - 4 Nays - 1(Coleman) Council found enor in the HPC's decision. September 27, 2000, City Council Summaty Ivlinutes Councilmember Reiter moved to adjoum the meeting. Yeas - 5 Nays - 0 ATTEST: � � �� Nancy An erson _� Assistant Councii Secretary ADJO AT :35 P.M. � r b ,,� Daniel ostrom, Council President Minutes approved by Council O e3; . �5 r �c�c�c', bo-� � Page 28 mce A �� V V � � 0 � z N � � N � . d � � � � E W � -� � a � �o a � � U '; `+' aG ,L >' .� U � �d �, a 3 �' F z � a w � ¢ w a a� n V_ V\ v �� `�! Transcript of St. Paul City Council Meeting September 27, 2000 TABLE OF CONTENTS Testimony of Robert D. Maher ............................................................................ 2 Testimony of Don Ludemann .............................................................................. 6 Testimony of Paula Maccabee .......................................................... .................... 9 Testimony of Bl1en Waters ............ ..... ................. ............................ ................... 13 Testimony of Barbara Kale .................................................................................16 Testimony of Jerry Perron ...................................................................................18 Council Secretary: Item 48, Resolution 00891 Waving the two mile distance requirement for RK Midway d/b/a Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall license. Council President Bostrom: Kessler: Mr. Kessler. Mr. President, members of the Council. In regard to the new bingo hall at Midway Shopping Center, license staff recommends the approval of the application at the Midway Shopping Center because we find that the location is consistent with the intent of the proposed waiver contained 'm Council File 00314. L.LE.P. staff, in consultation with David Gontarek of the Department of Plaxuiiug and Economic Development, finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and under-utilized azea of the shopping center. The physical 1 �� a M ¢ `.` a � M �i � � F oW� H � � � �zQ vr ; � location is separated from the residentiai uses by Interstate 94 to the south, the MTCO bus gazage to the west, Cub Foods to the east and the Midway Center itself to the north. L.I.E.P. also believes that the concept of obtainuig the consent of neighboring bingo halls to a11ow a new bingo hall to locate within the two mile radius of an existing hall does not make sense. Not only are there problems with the brokering of that consent it lunits comperition and allows bingo hall owners the upper hand in leasing agreements. We urge your approval of the application of the proposed legislation that allows for the waiver. I'd be glad to answer any questions regarding this that you might have and am also aware that there are others here that wish to speak to this issue. Bostrom: Are there any questions of staff before we begin the public hearing? Alright, thank you Mr. Kessler. This is a public hearing and I just advise folks we allow 15 minutes on each side. With something like this you don't have to take it but that's whaYs available, so what we would ask is that anyone that is in opposirion to this, if you would like to address the Council. Maher: Good evening. Council President Bostrom and the City Council, my name is Bob Maher. I'm an attorney at Best & Flanagan and I represent Oak Grove Properties and Jim Riley. Jim Riley owns the commercial space at Lexington and University which includes a licensed bingo facility as I am sure most of you know. We oppose this request for a waiver. Mr. Riley has operated bingo at his site for 9 years with four charities as his tenants. If the Council grants tYus waiver, it is our position that Mr. Riley will no longer be able to operate a bingo facility at this site. The reason being is that Mr. Riley's four tenants, these charities, have 2 o�-�� 1 indicated that they aze going to move their bingo sessions from his spot at Lexington and University down the street to the new Midway space, if it is licensed. And there simply aze no other charities e�ressing the desire to take their place, or even to enroll now, so Mr. Riley will have to close his doors. That is why we oppose this request for a waiver because rather than providing an economic benefit, as the ordinance requires before you can grant the waiver, tYis waiver will sunply move an existing economic benefit down the block, and there is no justification for depriving the Lexington and University area of these benefits. On the contrary, there probably is more commercial vacancy at that end of University than at the Midway end of University and perhaps a greater need for a commercial presence on that end. It would be one thing if RK Midway's application for a waiver were supported by four other or three other, or even one other charity, besides the charities that are currently Mr. Riley's tenants, which were perhaps looking to get into the bingo business. Perhaps then maybe you would have an azgument that an additional bingo facility would add an economic benefit. But that isn't the case here. Besides these four charities, there simply aren't any other charities clamoring to get into bingo, which is probably not that surprising given the proximity and proliferation recently of casino gaming and track betting over the last few years. The point is that this area sunply can't support two bingo halls and the economic benefits of a waiver that are being discussed here aze already present in the site that you have. If you grant the waiver, you will be filling a lazge vacancy on Snelling but creating an equally ]arge vacancy on Lexington. And you'll be bringing thousands of bingo customers to Snelling every month but at the expense of those, it's the same bingo customers. They'll no longer be going to Le�ngton. So it really has a net zero 3 �b-�� effect on sales tax revenue or property taY revenue or TIF support. And all of tlus has to be contrary to the intent of this ordinance. The ordinance says that only under speeial circumstances should the Council grant a bingo license within two zniles of an existing facility, licensed facility. And the best reading of that ordinance is that these special circumstances require the waiver of the distance requirement to create an economic benefit, not to simply move the same economic benefits down the block. We submit that is the effect of this waiver. And there's another problem. For years, Mr. Riley has been trying to develop more of his space at Lexington and University, which is admittedly under- utilized. For three yeazs, Mr. Riley has been negotiating with Home Depot for them to open a new store on Mr. Riley's property. And, in fact, the parties have essentially reached an agreement recently that will allow Home Depot to use this space and open up a new store. But all along the agreement was and is contingent on Mr. Riley fmding a site far his bingo license. The reason is that because the amount of the rent that Home Depot is willing to pay to open the store is such that it only makes sense for Mr. Riley, and is only feasible for Mr. Riley, if he can continue to earn money with his bingo license. If the Council grants this waiver request, then the value of Mr. Riley's bingo license is reduced to zero. And he will not complete the agreement with Home Depot. The economics are such that he will not be able to do that. And a significant opport�wity for real, new economic benefits is going to get lost. Now, prior to RK Midway's attempt to get its own bingo license, Mr. Riley was very close to an agreement with RK Midway to locate his bingo hall in the Midway Center space. And that relocafion would have allowed Mr. Riley to do the deal with Home Depot and allow a significant tenant to come into the Lexington and University area, with obvious commercial 0 ��-��l Bostrom: Council Member Reiter: Maher: Reiter: Maher: benefits. But suddenly RK Midway stopped returuing Mr. Riley's calls, and the nea thing we knew they were applying for their own license, and now we're all here talkiug to the City Council about this. Obviously, we don't like how that developed and how RK Midway went from being a possible business partner to trying to take our bingo tenants away. And we understand that that is not the issue before the Council. But the important thiug for the Council to know, we believe, is that this area cannot support two bingo halls. The interest from the charities is not there. So, if you grant this waiver you won't create an economic benefit, you'll simply move it. And maybe mare important, a waiver will cause the City to lose a significant economic benefit in the form of a Home Depot at Lexington and University, and thaYs an area that really could use the boost. So, for those reasons, we think you ought to deny the waiver request. Thank you. Thank you. Mr. Reiter. If Home Depot wants to locate there, would the bingo hall still stay? No. The deal we're talking about with Home Depot, we would have to fmd another spot for the bingo hall. Other than at that location? That's right. 5 bo��qJ Reiter: Maher: Reiter: Maher: Bostrom: Lji�. • �f�'�Ffif'� Council Member Coleman: I see. So the tenants of the existing bingo hall, if Home Depot went in there may have a problem relocating. Well, we'd find a spot for them. Okay, thank you. We can't do the deal without it. Okay. Is there anyone else who wishes to be heazd in opposition to this? Sir. President Bosirom and members of the Council. My name is Don Ludemann and I'm President of the Snelling Hamline CommuniTy Council, the neighborhood that's in question here before you. First, let me apologize for my casual dress. I just got offthe airplane from vacation and didn't haue a chance to go home and change. What about the mustache? Ludemann: I can take it off too. Snelling-Hamline is by and large a very business friendly neighborhood. We haue good relations with the Midway Marketplace, the Midway Center and the dozens of businesses on University Avenue, Snelling Avenue, Selby, Marshall. However, I am here before you to speak against this waiver, or rather for the waiver with certain conditions that I would like to outline � ��`�1 for you. Although I personally don't shaze, don't have strong opinions on this matter, there aze neighbors in Snelling-Hauiline who have very strong negative perceptions of bingo halis. They feel that, in fact the legislative code also feeis that thete is the potential for a negative impact by putting a bingo hall in the neighborhood. As a matter of fact, the license for a bingo hall is the same license that you would have to get, a sunilar class of license to a pawn shop or a gun shop or an infectious waste processing facility. Obviously the code recognizes that there is the potential for a negative impact. Our desire in the neighborhood is to wark with RK Midway to work with the proposed tenants, to minunize the negative unpacts and masimize the benefits. Mr. Kessler refened to a PD opinion that this facility would not have a negative impact on the neighborhood. We beg to differ. We feel that the potential is there for a negative impact. Ms. Maccabee speaking on behalf of RK Midway will no doubt tell you that the location is remote, that iYs not very visible. On the contracy. IYs right across the street from the Cub Store which is probably the highest volume store in that entire section of University Avenue. So it is a very visible location. I would say it's a prime location and I think that it will be very visible and potentially negative visibality for the neighborhood. So our Council feels strongly that there is a potentially negative impact. This image problem is really what hangs people up. They don't want it in our neighborhood. But beyond image, when we appeaz before Mr. Strathman and we raised some very specific concerns about security and safety, about lighting, about landscaping and parking. We asked for an annual renewal of the license rather than a biannual renewal of the license. Mr. Sh•athinan chose not to place those conditions on the license. And, in fact, we could live with that because again, we're business friendly. We trust that RK Midway will work with �� / V the neighborhood to address our concerns. But we're here tonight not to tallc about the license but to talk about this waiver. Whether to move the gambling, bingo from Le�ngton and University one mile to Pascal and St. Anthony, which is the proposed new location. I have to agree with the previous speaker. There is no net gain. There is no net economic benefit. You're just moving it one mile down the road. But there might be a secondary benefit. There might be the possibility that the people who go to play bingo wili also shop at the Rainbow or the Walgreens ar have dinner at the nearby buffet. That's what we in the neighborhood want to maximize are the benefits and minimize the potential negative impact. So what we're asking the Council to consider is our efforts to wark with RK Midway and the potential tenants and masunize the positive benefits and minimize the negatives. Quite frankly, I don't know what to ask you for. Are those conditions on the license? Is that laying it over until the neighborhood and the businesses can work something out? I'm not exactly sure. But I would ask you to respectfully consider our concerns. Bostrom: Okay. Yes Mr. Reiter. Reiter: What aze the negative aspects of the bingo hall? Ludemann: Again, personaily I don't. Reiter: No, but you mention them throughout your speech and I, you Irnow, Pd like to know what they aze because I'll be honest with you, I've worked at church bingo �6�8��/ I�-u.�� Reiter: Ludemann: for 20 yeazs and I don't think we ever had a police call and the average age was 50 or 55. So, you lmow, I don't look to any riots or big problems. Council member Reiter. I concur with that. The concem of the neighbors is not so much for the patrons of the bingo hall. It's for people who might prey upon them. Pickpockets, purse snatchers, that type of thing. That's why we are concerned about security. People going to and from their cars. Make sure there is adequate lighting. That type of thing. My understanding is that, excuse me, my understanding is that they have security, off duty policemen working these sessions. Is that true? The gambling manager assured us that that was the case, yes sir. Reiter. Thank you. Bostrom: Ludemann: Bostrom: Maccabee: That you Mr. Ludemann. Be sure to sign in there. Thank you. Okay. Is there anyone else who wishes to be heazd in opposition to this? Alright. Then we'd heaz from the supporters of this program. Good afternoon. Good afternoon Mr. President, Councilmembers. I'm Paula Maccabee and I represent RK Midway and I'd like to speak to this issue briefly and then we also 0 ob-��/ have a representative here from the Midway Chamber of Commerce to talk about the economic issues. And Bazb Kale who is from Midway Training Services who runs the bingo and then if there aze specific questions you have about security, Mr. Miklich(?) who is an onsite manager for the bingo halls to make sure that there is safety and security and people get escorted to their cazs is here. As is Tom Dina who has been working with the redesign. I want to start by saying that the Council passed an ordinance that states a real cleaz guideline about when a waiver should be approved. And it doesn't talk about special circumstances. It talks about promoting responsible ownership and accountability. And thaYs what, this is happening, is that there are four tenants, four charities, Holy Childhood, Midway Training Services, the Women's Auxiliary of St. Mary's Greek Orthodox and Midway Transportation which provides transportation to disabled people, who concluded that the locauon at Lexington wasn't meeting their needs or their customers needs for a feeling of security safety and for the shopping that the customers wanted. And so they, within the rights of their lease, which has a notice provision, they're not in any way trying to change that, sought another alternative and I was contacted by a well-known realtor in the Midway area who I have been working with since I was on the Council, and thaYs how we got in contact with the tenants. And so they have now signed leases and are ready to move into the space at Midway Center. Let me talk about why this will provide economic development benefits. The first economic development benefit is that the space, and it's about 10,000 square feet at the back of the center, has been vacant and untenantable for at least 20 years now. It is untenantable because it doesn't meet code and it costs a fortune to bring it up to code. And because charitable gambling does well, my ciient can afford to invest that. And that is 10 �U -�� over $700,000 that will be invested on our community in tenant improvements basically as soon as the Council approves the waiver and the license. And what's important about it, and I think Mr. Ludemann mentioned it, is that by moving these tenants, these customers, and this about 15,000 people a month, into an azea where there's Cub Foods, there's Rainbow, there's Herberger's, there's Kmart. Many of these people aze senior citizens. For many of them they aze using the bus. It's not easy to go and take a jaunt out to the shopping center by caz. And so they make a day of it and they'll be spending money, having lunch, buying food, buying groceries, buying whatever phannaceuticals and that economic development benefit will come into St. Paul. Because there isn't a similar economic engine on Lexington, there is a difference. We will be able to capture those dollazs. And many of these people aze coming in from Minneapolis or from the suburbs so it is a benefit for the City as a whole. And particularly since the City has invested in Midway Marketplace, that is securing our own investment. Also, this Midway Center bingo hall uniquely will create no hanns. It is at least 700 feet away from the nearest residence, and thaYs the back parking lot and I94 going to the south. IYs the whole Midway Marketplace development going to the east. IYs our whole center and then the roadbed of University going to the north, and then the bus barn and also Spruce Tree going to the west. So it is really insulated from neighbors. Also, unlike many other business situations, there is enough pazking here. IYs not going to impinge upon small businesses. There is plenty of pazking. We've actually made sure, in consultation with Councilmember Benanads office, that the plan for the way this bingo hall is designed and the parking will not interfere with joint development options, which we are hoping will be considered by Metro Transit when they look at the bus barn 11 1 �� . i � redevelopment. So we have a situation wheze there is economic benefit, there's no hanm to residents and there's no harm to businesses. Mr. Ludemann raised some important issues. It is aiso our goal to maximize the positive and min;mize the negative. We will not be having huge, free standing signs. The signs will be of the same character as what we have on the front of the building. And NIr. Ludemann also talked about security. At every session of bingo there is an employee there who is responsible for security. We put in ea�tra bathrooms to accommodate the ladies. We are willing to escort anybody to their cars. There is trash pick up. And we even talked to Mr. Ludemann as this being an opportunity to begin to improve the aesthetics in the back. Now we're not going to make, there is some inveshnents in landscaping we can't make now without interfering with the potential for future joint development. But I would talk to RK Midway, and they're wiiling to do some planting along Pascal and Mr. Tombina is here from the management facility, Westbrook facility, and we're willing to sit down with the neighborhood and figure out where is the best place far those trees so we can start improving the look of the center even before we do a major redevelopment. That brings my remazks to a close. If you have any questions for me, othenvise I'll let other people talk. Bostrom: Any questions of Ms. Maccabee? Alright. Please sign in. Maccabee: I will sign in. Maybe the Midway Chamber would be the best. Bostrom: Good evening. 12 . �� ! Watets: Good afternoon, council members, Council President Bostrom. Pm Ellen Waters, I'm President of the Midway Chamber of Commerce. As you may recall, we represent a few over 500 businesses in the Midway azea of St. Paul, which includes the property that is in question. Actually, both properties. And we aze here today to offer our support for the waiver and the licensing. And I tlunk the previous speakers have done a great job of outlining the potential economic benefit. That's really the perspective that we share. From the standpoint of not what's good for any individual business but for what is best for the whole Midway business community, we feel that this is an important inveshnent and we are very pleased that RK Midway is willing to make some improvements. We encourage them to continue working with the neighborhood to address those concerns. But franlcly, we think on balance the evidence is pretty strong that this will actually provide some very good benefit. I also want to say that we would be happy to work with Mr. Riley at Lexington and University to find a great use for that properry. I think the facts aze that these four charities are wanting to compete effectively in the marketplace that they do and that the RK Midway property presents an opportunity for them to enhance their revenues and to bring more people to their doors and that's certainly something that we support and we think the spin-off development in terms of shoppers and increased economic activity in that azea will benefit all of the surrounding stores and those retailers are very excited with the prospect of 15,000 customers a month coming there. We don't want to suggest that Lexington and University isn't important by any stretch of the unagination. That corner has great potential and we have been keenly interested in the efforts to land Home Depot or some other similar development and want to continue to work on that. But I think if you look at the situation there 13 oo-$�I the fact is that it is very under utilized. There has not been much investment in recent yeazs and it shows. And it's not an attractive environment. So for these charities to compete they have needed to look for the best opportunity that they can find and they have found that at Midway Center and it's something that we support. We too aze very concemed about the unage of the Midway. Our mission is building a stronger Midway and we will be cazefully watching and working with RK Midway to ensure that the image issues, the crnne perceprion, securiTy, all of those things are addressed. But we feel confident having worked with RK Midway over the years that we can address any of those situations that arise and that they will be responsible licensees and that on balance all of this will actually provide great economic benefit to the whole Midway and we'll figure out something to do with Lexington as well. Do you have any questions? Bostrom: Yes. Mr. Coleman. Council- Member Coleman: I, this whole, one of the Findings that we have to make specifically is that there will be economic development as a result of this waiver. And I'm hauing just a hard time buying it. I mean, I understaud, you know, there will be a lot of people coming into this thing. But if this in and of itself produced economic development, it has done nothing for the area that it already exists in. The one situation where I saw that there was clearly the impact was over on Payne, when we got rid of the strip joint, and I think that that was pretty clear that we were able to, you know, move fonvazd, that that was a better tool for economic development than the. 14 �6-$1 i Waters: :• �� Coleman: Waters: Coleman: Council- Member Benanav Bostrom: Well I thiulc the inveshnent that RK Midway is maldng of over $700,000, which they wouldn't otherwise have made and haven't been able to make for what, 20 yeazs of vacancy, I tliink thaYs a pretry significant benefit right there. Mr. Coleman. But thaYs not, thaYs just to the property where the hall itseif would exist, right? Uh huh. I guess I just wouldn't define that as economic development. When I think of economic development I think of some spin-off acrivity as a result of that, and I'm just trying to figure out why it would have spin-off activity here but didn't have on University and Leacington. Mr. President, can I help? There is a difference between Lexington and University and the Midway. You know, the shopping center on Lexington and University. Excuse me Mr. Benanav, I think what we should probably do is a11ow the speakers to fuush and then we can have our discussion, and if we have to call them back we could do that. Because they aze on a time frame and I don't want to short them of their recitation time. 15 Db-S�J Waters: Okay. I'll be brief, but I'll echo what Jay is about to point out, I think, and that is that the environment at Lexington and University is very different and the opportunities for anyone who is coming to the bingo to actuatly frequent other businesses in that azea is much more lnnited. In fact, most of the Le�ngton Shopping Center is vacant at this tune, although there is some transient business. There is a flea mazket that is in there occasionally. We have one of our board members is Wkutaker Buick, which is about a half a block away. Another one Biena restaurant across University. Neither of them feel that there is any benefit to the bingo parlor being located there presently. In contrast, at the Midway Shopping Center, it is actually in the shopping center that is vibrant, that is virtually fully leased, that is attracting new businesses, where there is Walgreens, and buffets, and restaurants and so forth. So the opportunity is really there for the customers to go out and spend additional money in the community that they may not currently be doing. Does that answer your question? Coleman: Yes. Pm not sure. IYs a little dubious, but I understand what you're saying. Bostrom: Okay, alright. Thauk you Ms. Waters. Will you please sign in. Now we have just about 3 minutes left. Kale: We have three minutes lefl? Bosh�om: Yes ma'am. Hi. 16 �6 -89! Kale: Council Chair, City Council members. My name is Bazbara Kale I am CEO of Midway Training Services. I am one of the charities at the Midway $ingo Palace. MTS serves developmentally disabled adults. They are all mentally and/or physically challenged. One of our main goals is to provide employment for our clients. We work at a lot of different jobs. We provide a job coach so the quality and the timeliness is there. We clean, we make beds in nursing homes, we assemble the packages that you get in the hospitals, we are involved in manufachtring. The Andersen Windows have grids, we put in the spring loaded pins in them. We are involved with the St. Paul Energy Consortium. We make planter boxes from recycled woods. We work with St. Paul Schools. We clean up trash in the Midway azea. We return shopping carts. Our clients haue attended meetings and luncheons at the Chamber and are very proud of being part of this community. I am here to request your support of the waiver, and some of the reasons are we have been in charitable gambling about 12 years. We need to supplement the per diem we get. It is not sufficient. About 9 years ago, with other charities, we began operating bingo at the Midway Bingo Palace on University and Lexington. There were many businesses in the shopping center. We had a beautiful hall. Over the yeazs, bingo has been good for MTS and the other charities. For about the last three yeazs we were told that we were going to be moved to another location because the shopping center was going to be sold to Home Depot. Sometimes, we were going to be moved in three months, sometimes six months, sometimes not at a11. During this time, the other businesses closed or moved and the bingo hall itself was deteriorating rapidly. Presently, the condition is deplorable. Profits for MTS and the other charities declined significantly. In 1999, the MTS profits were 1/3 of what they were in 17 �o-g�l 1998. We felt it was necessary to make a business decision to look at other options. We did meet with a couple of different owners able to negotiate better terms and people that would be wiiling to keep a very well maintained business. Are there any questions? Bostrom: Okay. I think that probably does it. We're just about out of tnne. Okay. If you'd just please sign in right over there. You have 50 seconds. Penon: I will tallt very fast. Thank you. Jerry Perron, Leonard Street & Deinazd on behalf of RK Midway. What I would like to do mainly is to submit some documents into the record for your decision. What I am submitting is a premises site plan so you can see what the set up of the bingo hall is going to be, a City zoning map showing that this is in a B-2 zone, which a bingo hall is an approved use in that zone, a parking study showing there is adequate parking for this site, and a composite site plan which helps show that this particulaz site is in the very epicenter of a very large commercial development, and it won't have impact on the surrounding neigltbors. And I would like to just very briefly respond to some comments from Mr. Riley's counsel. Bostrom: We're out of time. Penon: Okay. Bostrom: If you want to leave your information with the clerk we will take it. Please do that and please sign it. Okay. Alright. That concludes the time allotted for the � �a-S�/ public hearing. Is there a motion to close the public hearing? Mr. Reiter. Roll call. Secretary: Coleman, Lanhy, Reiter, Benanav, Council President Bostrom, public hearing closed. 5 in favor, none opposed. Bostrom: Mr. Benanav. Benanav: Mr. President, I'm going to move to grant the waiver. There aze some legitimate issues here that have been raised, but I think after hearing it, I'm convinced that it does meet, the waiver does meet the test of the ordinance. That is, it would provide economic development, even though Council Member Coleman had some question about it, and I tliink legitimate question. But I think it will bring a number of, I thiuk we heazd the number 15,000 people, into Midway Center who would then, presumably, if they do well playing bingo, will spend some of the money as they leave. I think, too, what was said by Ms. Kale was that over the last few years they've seen their profits decline significantly as a result of the condition that they current occupy. And, I think, if their projections are correct, they will see an increase in their profits which presumably there's some spin-off economic development spin-offthere as well. So I think it meets the test of economic development, and I'm not convinced that these four radical groups that have applied for this will bring any negative impact to the neighborhood. I don't play bingo myself, but if Council Member Reiter does and is a supporter of it... Reiter: I don't play bingo, I worked for a small fee. 19 Benanav: Reiter: :• .�. :. � �� Benanav: Bostrom: Reiter: Bostrom: �f��l Oh, I see. Well, if Council member Reiter... No, I don't think I got paid. I think I was a volunteer. And I thivk all the needs were said. Tlus is in an azea that is not particulazly close to any residential housing. You've got to cross 94 to get to the closest residents. IYs not likely that that's going to happen. Trust me. If you go down Snelling it takes a long time to cross 94 anyway under the current traffic conditions. So I think it's a good plan. The whole issue of the bingo hall being a bargaining chip for folks on Lexington and University, I don't think is an issue that we even need to consider. That's yust not our business. So I think based on what we heard, I am going to move to �ant the waiver and the license at Midway Shopping Center. You're moving resolurion 48. Pm moving resolution 48. Okay. Is there any fiu�ther discussion? Yes Mr. Reiter. On the advice of the City Attomey, I won't be participating in this vote because I have an associafion with one of the charities. Further discussion Mr. Coleman? 20 �b-S�J �-��._. Bosirom: Secretary: I will vote for your motion Mr. Benanav. I just thiuk iYs kind of, when we start talking about bingo pazlors as economic development Sn the City, I just, I have a hazd time buying it. I would hope that we've gotten to the point in this City where we can talk about real economic development not dragging 15,000 people in to gamble. And it has notivng to do with the charities or any of those. You lrnow, I've been involved in organizations that haue used bingo pazlors. I think thax thaYs fine. But I just, I really have a hazd time buying economic development, but I'll take Ms. Waters assertions that this is going to be helpful for the Midway Shopping Center. Is there any fitrther discussion? Roll call. Coleman, Lanhy, Reiter, abstained, Benanav, Council President Bostrom. Four in fauor, 1 abstention. Adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) VERIFICATION Debra M. Rafliff states that the foregoing transcript is a true and correct transcript of the videotape provided by the City of St. Paul of the City Council proceedings on September 27, 2000. Subscribed and sworn to before me 's 13th day of November, 2000. �� ^ Notary Public 11262\951649U28477 � � � �� i/� � .�, -� . �. / ! ■ `5.-. LOLA W.KJENSTAD _ _ �-:.-�� r;OTARY PU�'��C-'ri `'zNESOTA � c�-'<'� i �.,. �,�:. .M� �,�: w �.-.�.�,�,.u� .a.;,�.v.�,,wH�nn,v■ 21 I � �� r .�� Y'"", ; ..._ ' I i _ -- ___ �� , � � � y !I. .p w �i1P'Sia��P�ia�/1�1Q1r _ . ...� . � . .. . . .. ;�; . "' i .. �I�rf�i r/��.r��_ X� � `)' � MIbWAY ��'~ 1!1!!1d � NATIONAL B1VYt' a ,f (E71�$TM/(i1 � _ .- f � � OCiIVE ' �� '� 47 ' � �� LLf z �� C � I �� p : .<.,.._ ., .., ,�_ %y„�'.� , . \ .� r,�-.i � �� + �� -� i ��t � " w n�a ev'ea� ,�'�, ✓ EXISTIN6 BUIIDINd NO. S fIN. FtR. ELEV. 228'-9' N �+ H � ��} N7HNi r�� % � i i % � r i .,.�..w ��,�;., �.�.,r RAINBOW FO00 STppE EX1911N0 BU1I.DIN� NO. ! FIN. FLR. 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ANTHONY AVENUE \�'PYI.ON SIGN � SITI �� „ C� � �` e�� __.__ � ----�i 1 �OdOad O1`l 'S�Ila3dOad N13a �{�1N�� JIdMCIiW uo�s,n� 3aode� '; �� , 1 hereby cartify that this plan, specification or report o��— �l 9/ was prepared by me or under my direct supervision � and that I am a duly Registered Architect under the laws of the 5tate of Minnesota. Plame Ftegis4ra4ion No. Date Project No. Drawn By No. Revision Date Or"PNf�V[RTT FD O� R E[ 11tNEII 8T WAAG6., �4CT LOCA7'�OM Qi PIIqPBq?Y [,IN6'TD {B OlTFi�fi1111�� T�IA t � tu w�"'� � r—^--w_r__r_�s�2=i� :� .� _......, Y •�a90.RlNfi`[9➢4X' � v f � ; � ',Y51 S� � TROP'Q3ED < s'c;: r ?l,`si9 J � �� . � � C Er„yv• � � '1 , r t Il�i � � __ lon Siqn � � � � � 1 Q TIIA�1 _ —C""` _� �� _� � � � o — �_ —!._- �.�.� —..--. --•�— _�_ —�— _.__ r.._ __� _"f_ --.- �"'__ -_.�— G.=j v C� � - W -U _ � =a w _H EXISTING CHI CHI'S REEN WALL HIGH C W Z J � _ { 4 � � � � � ( t� f E 1 I ' !. . . _ ' ,� � � r�� ; �" , .i � "� , . � . '� � L: : ..: � � � 200 � �loo BV�W C�N�TRU�TIOIV EXISTING NORTH MIDVV/�Y CENTER , � �� MIDW64Y Mi4RKETPLAC� COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #10 - - -� . - : ,� : "�, � � � Council File # QQ � $'�' Green Sheet # D��9 CITY OF RESOLUTION PAUL,NIINNESOTA 4� Presented By Refened To Committee: Date 2 3 4 10 11 12 13 14 WHEREAS, RK Midway, LLC, d/b/a Midway Center Bingo, has applied for a bingo hall license at 1508 W. University Avenue; and WHEREAS, a bingo hall license is currently issued to the premises at 451 N. Lexington Pazkway, which location is within a two-mile radius of 1508 W. University Avenue; and WHEREAS, Saint Paul Legislative Code §403.05 requires a minimum distance of two miles between buildings licensed for bingo halls, but §403.05(b) permits the distance requirement to be waived upon a finding by the Council that the location of the proposed site would provide economic development benefits without significant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow more than one a bingo hall within two miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee owner of an exisring licensed bingo hall within the two mile radius; and 15 WHEREAS, the Council has determined, based upon the application, written submission 16 by applicant and such testimony as may have been heard at the public hearing on this matter, that 17 the waiver requirements have been met and that a waiver should be granted; now therefore, be it 18 19 20 21 22 RESOLVED, that the applicant RK Midway, LLC, d!b!a Midway Center Bingo is hereby granted a waiver of the distance requirements contained in Saint Paul Legislative Code §403.05 and the applicarion for a bingo hall license for the premises at 1508 W. University Avenue is hereby granted. Requested by Departmeat of: EP�I�� 1� ��.�� Form Approved by City Attorne�/� By: � / '� �i.o w _� `� Approved by Mayor for Submission to Council By: Appx By: By: COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #3 Adopted by Council: Date �� 2`�7 ,2<">c�� Adoption Certified by Council Secretary OFFICE o� LIEP Date: C7REEN SHEET� Christixie Rozek August i5, 2000 266-9108 No . 10 3 74 2 1 EPARTTSFNL DIRECIWR ITY COUNCIL � 'Z ITY A1ICJRNEY TY CLERR �� ust be on rouncil Ac�Pnd hv• '°°° vOGET DZRECA�R IN. 6 MGT. SVG DIR. � �� . � y- �� 3 YOR (OR ASSISTANT) -! 1 OTAL # OF SIGNATIIRS PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution to waive the two-mile distance requirement for RK Midway, LLC d/b/a Midway Bingo Center (1508 W. University Avenue) and granting the application for a bingo hall license. ECO[MIENDATIONS: APPAOVE (A) OR REJECP (R) BRSONAL 58RVIC8 CONTRACTS MOST AN3A'SR TH8 FOLLO➢RNG: PLANNING COF4IISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a contract fOr this depaTtment? CIB Q�MMITTEE HUSINESS RSVIEW COUNCIL YSS NO STA£F _ Has this person/fiEm ever beea a City employee? DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBSECTIVE? Cuzrent City employee? YES NO laia all Y85 aaswers oa a saparata sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): idway Bingo Center wishes to occupy 1508 W. University Avenue and operate as a ingo hall. The Saint Paul Legislative Code requires a waiver by the City Council to allow more than one bingo hall within a two-mile radius. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT �F TRADTSACTION $ COST/REVENUE BUDGETED YES ND FLTAIDING SOURCE ACTIVITY NLTMBER FINANCIAL INFORMATION: (EXPLAIN) - � ��7l,"'� �'�.� C8nt2a _ _ _ _ _ _ _ - ��C .S � LUUU COURT OF APPEALS NUMBER CX-00-1838 / S� �� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM September 18, 2000 To: Council President Daniel Bostrom City Councilmembers Fr: Robert Kessler, LIEP Director � Re: New Bingo Hall At Midway Shopping Center V_�' License Staff recommends the approval of the application for a new bingo hall at the Midway Shopping Center, because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00-314. In consultation with David Gontarek, of the Department of Planning and Economic Development, LIEP finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or commerciai businesses. The locarion of the proposed bingo hall is ideai in that it wili generate economic activity in a heretofore vacant and underurilized azea. The physical locarion is separated from residential uses by Interstate 94 to the south, the MTCO Bus Gazage to the west, Cub Foods to the east, and the Midway Center itself to the north. LIEP also believes that the concept of obtaining the consent of neighboring bingo halls to allow a new hall to locate within a two mile radius of an existing hall does not make sense. Not only are there probiems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing arrangements. We urge your approval of the application and the proposed legislation that allows for the waiver. Please let me lrnow if you have any questions regarding this proposal. cc: Ivlayor Norm Coleman Deputy Mayor Susan Kimberly Christine Rozek Paula Maccabee, David Gontarek COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #4 ao- �Q� NIINLJTES OF TI� LEGISLATIVE HEAAlNG MIDWAY CENTER BINC�O - 1508 UNiVERSITY AVENUE WEST Monday, September 18, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer Staff Ptesent: Dave Nelmazk, License, Inspection, Environmental Protection (LIEP); Christine Rozek, LIEP; Larry Zangs, LIEP The meeting was called to order at 10:02 a.m. Gerry Strathman stated this meeting is being held to heaz objections to a license by RK Midway LLC. Christine Rozek, Deputy Director of LIEP, reported this is an application for RK Midway LLC, doing business as Midway Bingo Center at 1508 University Avenue West in the Midway Shopping Center. Licensing has approved the application. Fire inspection will approve this upon final inspection. Zozung has questions about pazking information. Larry Zangs reported the pazking looks fine, but he needs some eaplanation on some of the numbers. He will defer his decision on the parking until he heazs from the applicant. Ms. Rozek stated this bingo hall is within two miles of an existing bingo hall. There wili need to be a resolution to waive the two mile distance requixement. Also present is Dave Nelmazk who deals with gambiing licenses in case there are questions about the gambling aspect of the bingo hail. Don Ludemann, President of Snelling Hamline Community Council, 1573 Selby Avenue #311, appeared and stated neighbors haue expressed some concerns. His understanding is the hearing today only addxesses the application by RK Midway to operate a bingo hail. He asked would there be another hearing regarding the other four tenants because the letter he sent in objection addressed the gambling licenses as well. Gerty Strathman stated the fact that Mr. Ludemann wa: objecting to the gambling licenses got missed. He asked could the gambling license applications be dealt with this morning. Ms. Rozek responded present aze representatives from all the organizations that intend to conduct charitable gambling. Mr. Strathman stated he will deal with the bingo hall application and the gambling applications at this meeting. The only people to come to these public hearings are interested parties and the interested parties aze here. Mr. Ludemann stated it is a business friendly neighborhood. The community council was notified in August when many residents were on vacation. Paula Maccabee offered to come to their board meeting to help eaplain things, but the organization was unable to accommodate her. The waiver requirement reads that a waiver will be granted when it will provide economic development benefits without significant negarive impact on residenrial or commercial uses. Mr. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #5 do-$9r MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 2 Ludemann asked will that be a Ciry Council issue. Mr. Strathman responded he would not hold a legislarive hearing on the waiver issue; that would go directly to the City Council. Mr. Ludemann stated University United is a group of district counciis all along University Avenue. The Midway Chamber of Commerce is also a member. They were involved in the development of two guidelines. One of those guidelines encourages vacant buildings to be rebuilt and vacant lots to be redeveloped as quickly as possible so there is not an appearance of neglect on the avenue; therefore, he is happy that RK Midway is going to fili some of the space. One concem is the pazldng in the south lot and that the bingo hall would get in the way of redevelopment of that lot. Mr. Ludemann requested an annual renewal so that future development of that lot would not be delayed. He asked does this license have a term. Ms. Rozek responded it is renewabie in two years. Mr. Ludsmann wants to min;mize massive asphalt in the parking 1ots. The design outlines suggest trees should be planted in pazking lots: one tree per every 25 parking spots. He would like RK Midway to consider landscaping to make it more aestherically pleasing. Mr. Ludemann is also concerned about people preying on the bingo players. He would like to know the plans for security, cameras, lighring. Also, he is concerned about signage. He hopes it does not add to the clutter of the signage on the avenue. The following appeazed: Paula Maccabee, consultant to RK Midway, and Joe Finley, attorney and applicant. Ms. Maccabee stated the design guidelines encourage vacant buildings to be filled to avoid the appearance of neglect. The ordinance looks at the potentiai of waiver when it provides economic benefit. The bingo hall is filling 2,000 square feet of space that was vacant for 15 years. The current estnnate of nnprovement to bring this properiy up to code is about $700,000. According to the University design guidelines refened to by Mr. Ludemann, this part of University is suppose to be a regional shopping center. This bingo hall will bring in about 15,000 customers a month, many of whom are middle class working people and many aze women who will make a whole day of shopping or eating out. Ms. Maccabee stated this bingo hall is unlikely to have an impact on neighborhoods. It is more than 750 feet away from the neazest residence; therefore, some of the concerns that may apply in other neighborhoods about lraffiq do not apply here. Also, it is tucked at the back of the center; the concern about visibiliry and perception will not take place here. Potential redevelopment is a concern of the developer also, stated Ms. Maccabee. RK Midway has made significant investrnents in lighting and in trees. "I`he reason there is not a plan submitted for landscaping is because it might interfere with potential redevelopment. (Joe Finley gave Gerry Strathxnan the following: drawing of signage, zoning map area, a composite site plan, pazking calculations, a copy of the deed to prove they own the center, certificate showing ownership, and the plat filed.) COURT OF AppEAI,S NUMBER CX-00-1838 oa -��I MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 3 Joe Finley explained the location of the bingo hall in conjunction with other businesses in the azea The bingo hall is not neaz any residential development. RK Midway had proposed several things for the back lot, but there was a pollution issue there. Now the poilution has been handled, and the back lot can be developed. They have run several parking scenarios with a bingo hall, hotei, and restaurant being built. They have also run the pazking figures and haue come up with 1,408. The e�sting lot has 1,396. Their goal is to redevelop the five acre piece of land. Mr. StraUunan staxed the signage looks consistent with other signs on the building. Tom Bina, contractor, responded it will be similar to other signage on the Midway Shopping Center. Michael Michlitsch, 3870 Effress Road, White Bear Lake, appeared and stated he is currently representing the charities moving into the proposed site. The four charities have been invoived for at least nine years, specifically in bingo and pull tabs: 1) Midway Training Services offers services to people with developmental disabilities, 2) Midway Transportation provides transportation to people with disabilities, 3) Church of the Holy Childhood, and 4) St. Mary's Greek Orthodox Church. They currently all hold a Class A license at Midway Bingo Palace on Lexington and University. All four organizations depend on the funds from charitable gambiing. Mr. Michlitsch assumes the security at 1508 University wiil be snnilar to the Lexington and University site in that it will have a uniform securiry person during the evening sessions to assist any customers that would like to be wallced to a vehicie. They have had few problems in the last nine years. The bingo hall will also use a private security service and off duty Saint Paui Police Officers. Midway Shopping Center also has security in a vehicle availabie in the evenings. NIr. Ludemann stated this will be an entirely different environment. There will be more tr�c and more crime. Mr. Finley responded he believes that most of the people in the Midway Shopping Center aze good people and shoppers. Crimes of opportunity wili decrease because there will be more witnesses. The bingo operation will be located in the center. This is a true economic benefit to Midway Shopping Center and the whole community. People who are lransportation disadvantaged can now make a trip to the bingo hall and go shopping. Mr. Finley has represented the owner of the shopping center for years; if there is a problem, the owner will address it. Mr. Finley hopes Mr. Strathman wili not lose sight of the fact that this is a pernutted use. This space is an eyesore right now and cannot be rented. It will be gutted, a new exterior added, and new bathrooms. Ms. Rozek asked about an on site manager of the facility. Mr. Michlitsch responded it has not been decided who will be the manager, but there will be one. Ms. Rozek asked about hours of operation. NIr. Michlitsch responded they propose to be open seven days a week. Doors would open at noon, bingo would start at 1:00, and be ovez with at 4:00. Doors would reopen again at about 6:00 p.m. and bingo would start at 7:00 and again at 9:00. People will be out of the hali by 11:00 p.m. They have talked about hauing a late night COURT OF APPEALS NUMBER CX-00-1838 ��-Stl MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 4 session at 11:00 p.m. and people would be out by 1:00 a.m. However, they aze lunited to 21 sessions that they can be open in a week. Ms. Rozek asked about lighlang. Mr. Michlitsch responded there will be a new entrance with sufficient lighting. Midway Bingo will use 130 to 135 pazking spaces on their busiest night. He would assume all those people wili pazk close to the building. At least 1/4 of the space is within a short walking distance of the front door. Mr. Bina stated the landlord has provided adequate lighting in the facility. There is pazking lot lighting in the back right now, which should be adequate. The landlord is concerned about safety also and said he would take any lighting and quadruple it. Daue Nelmazk reported ihere are no outstanding obiigations against the four charities. They are good citizens in the community. Ellen Watters, President of Midway Chamber of Commerce, appeared to speak in support of the license application. The neighborhood's concerns have been articulated and addressed. This business will add to the potential of redevelopment. This location provides a good opportunity for the continued health of the bingo hall users and the potenual for redevelopment of the site. The increased activity that the customers wiil bring is a positive in terms of increased purchasing and activity. As for crime prevenfion, the more people around, the more positive environment is created. Lighting and security are ixnportant. A beat cop is working from 10:00 a.m. to 7 p.m. If crime becomes a huge problem, the Chamber of Commerce will be in line with the neighbors saying this needs to be fixed. Ms. Watters stated Midway Training Services is an important pariner in the confinued health of the Midway. They help the Chamber of Commerce pick up shopping carts in the area and trash. Mr. Strathman asked is the parking adequate. Mr. Zangs responded it is. Gerry Strathman recommended approval of this license application. He understands all the issues raised. It seems the applicant has sa6sfactorily addressed the issues. The signage seems appropriate. The security plans seem reasonable. He understands the reticence about doing landscaping in the parking lot because of poten6al development. Location makes parking less of a visual problem than in a more residential neighborhood. There is no reason to limit the license beyond the customary term of two yeazs. There will be another resolution for a variance from the required two miles between bingo locations, but that will be a public hearing before the City Council. T4ie meeting was adjourned at 10:54 a.m. (Note: Larry Zangs retained some of the items given to Gerry Strathman at this meeting.) rrn COURT OF APPEALS NUMBER CX-00-1838 '3 - 0g:58 �CIRTED f�RCHITECTS . nnema ca �e Re: Midway Cantet gy Jim Cox Date � Project No. 20t0.00 oa -�� COURT OF APPEALS N[JMBER CX-00-1838 DOCUMENT #6 A review of the current center tenants space and proposed tenants is as follows: SCIiEME 'C' Retail Common HalUCira Office Fast Food Restaurant Sowting Bingo 90 Guest inn Restaurant (out lot i14) Area 242.244! 28� 3200 / 5000 2427 / 350 sa�ai��o 'I 1612/125 32 lanes x 4 Parking 865 1 7 31 � �`�S' J � 128 10,000 / 75 133 � � sa �b�,1��0�' 6000 / 100 80 Tatat Required Existing Statls �44� (� TS 1396 �5� ; '(�ay�. ea 0. 1Z�u��-Q-- �5-1-�-�"��C.' �s..a.� '� Lv '{., un�,�,l,cQ. ct,�� b"'� 1.LO.,E.9,. TM b.eelaD.d �nehReew Wc. A Ccx/9uefow ComPa^Y 241 SouD� devaMrW Avenue Sai�t pa�. M'innesota 55105�1299 TeleD� 851l698•0808 Facstrr�fie 85'l/898�0459 emau raaeraarcA.eom f1.� � a ca.. w� � � � �. w,�s � �,I� �.' �t'' � � � c.s w-�-t( a.d F+� " ba�l��k. � MPR 29 2000 09�52 651 698 6459 651 698 0459 P.06i07 � The �lssoci�ed Arch�ects PRGE.06 09�58 ASSOCIQ7ED FlRCHITECTS � �- �. r: ��` .�.IX''_`."� ... \." I/ V t ' � -� — � � / . � i % - {' i I ! f I' � _ �� I I� I � r i SITE PLAN ALTERNA7E 1. r=sa ° xt ^ i I � ��T� � � a�7 x OK ; � �� ` ��' � §� � I � �I 1 ' '� hWR 29 2000 09�5 COURT OF APpEALS NiJMBER CX-00-1838 s f �� u � � �� 651 698 0459 P.fl?i0? 651 698 8459 �� .`. -., _ '• ZONING CODE rectly with customers. All goods produced on the premises shall be sold at retal oa the premises where produced. (2) Escept for off-street par�ag or loading, all business, storage, servicing or process- ing shall be conducted within completely enclosed buildings. (Code 1956, § 60.483; C.F. No. 92-1479, § 4, 12-15-92) Sec. 60.524. Principal uses permitted sub- ject to speciai conditions. The following additional uses shall be permit- ted, subject to the conditions hereinafter imposed for each use and subject to the standards specified for all special condition uses as set forth in section 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) Publicly owned buildings; public utility buildings; telephone eschange buildings; electric transformer stations and substa- tions; gas regulator statians with service yards, but without storage yazds; water and sewage pumping stations. (2) Railroad right-of-way, but not including terminal freight facilities, transfer and storage tracks. (3) Hospices serving sixteen (16) or fewer facility residents. (4) Shelters for battered persons or transi- tianal housing serving siateen (16) or fewer facility residents, provided they are not located in a planning district in which one (1) percent or more of the population lives in licensed human service community res- idential facilities, licensed correctional rnm- munity residential facilities, health de- partment-licensed community residential facilities, transitional housing, shelters for battered persons, emergency housing or overnight shelters. (5) Cellulaz telephone antennas located on a freestanding pole, as regulated in the OS-1 district, section 60.514(6)a. through g. Supp. No. 41 _� oz�!�� . # 60.532 (6) Accessory buildings, structures and uses customarily incideat to the above permib ted uses. (Code 1956, § 60.484; Ord. No. I6956, 3-9-82; prd, No. 27039, 7-7-83; Ord. No. I7845, $ 23, f>.27-91; Ord No. 17894, § 2,12-3-91; C.F. No. 93-1718, $� 36, 37, 12-1493; C.F. No. 93-1815, § 1, 12-2&93; C.F No. 97-565, § 9, 6-21-97; C.F No. 99-750, § 3, 9-1-99) Sec. 60.525. Area, bulk and setback require. ments. See Chapter 61, Schedule of Regulations, lim- iting the height and bulk of buildings, the mini- mum size of lot by permitted land use, and providing minimum yard setback requiremeats. (Code 1956, § 60.485) Subdivision 3. 60.530. B-2 Community �usiness Distrirt � :,�, �^�' � Sec. 60.531. Intent The B-2 Community Business District is in- tended to serve the needs of a consumer popula- tion larger than that served by the "Local Busi- ness District," and is generally chazacterized by a cluster of establishments generating lazge vol- umes of vehiculaz and pedestrian trafTc. (Code 1956, § 60.491) Sec. 60.532. Principal uses' ermitted._„<. ��.,.__��,_ � , .�� In a B-2 Community Business District the use of land, the lceation and erection of new buildings or structures, and the alteration, enlazgement and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses unless othenvise pra vided in this code: (1) All principal uses as permitted and as regulated in a B-1 District. (2) All retail business, service establish- ments or processing uses as follows: a. Any retail business whase principal activity is the sale of inerchandise in an enclosed building. 551 COURT OF APPEALS NiJMBER CX-00-1838 DOCUMENT#7 § 60.532 LEGtSLATIVE CODE �C -�9 t b. Any service establishmeat of a vet- eriaary clinic, aa office, showmom or workshap nature of a contractor (in- cluding, but not limited to, plumb- ing, heating, air conditioniag, elea trical, mechanical), decorator, dressmaker, taiior, baker, painter, up- holsterer, or an estab]ishment doing radio or home appliance repair, pho- tocopying, and similaz service estab- lishments. c. Private clubs, fraternal organiza- tions, liquor licensed establishments and lodge halls. d. Restaurants and fasGfoad restau- rants whea incorporated within a multi-use retail center and wluch do not provide drive-through window 'ce. �� e. Thea e ly halls, auction �' n4 �r-� halls :bingo�'ii"711�; concert halls, re- f ,�,.= � ception �� similar places of ` k assembly when conducted comoletely �f" within enclosed ui diags. f. Business schools, nonacademic col- leges or trade schools operated for profit. g. Colleges, universities, and seminaz- ies, and other such institutions of higher learning, public and private, offering courses in general, techni- cal, or religious education and not operated for profit; provided, that: 1. Dormitories or other graup stu- dent housing shall not be per mitted within the district; 2. When an iastitution is estab- lished in the district, the insti- tction shall be required to pro- vide the minimum number of off-street parlang spaces for em- ployees, staff, or students as set forth in section 62.103(g). The institution shall be re- quired to provide additipnal parking spaces only when the minimum number of par}dng spaces will have to be increased due to a more than Len (10) percent or three hundred (300) gain in the total number of em- ployees, sraff or students, which- - ever is less. Thereafter, addi- tional parking spaces will have to be pxovided for each subse- quent gaia of more thaa ten (10) percent or three hundred (300) in the total number of employees, stafforstudents; and 3. 'Ib determiae compliance with pazldng requirements in item 2. abwe, the institution must file an annual report with the planning administrator stating the number of employees, staff and students associated with the institution. h. Mail order houses. i. Health/sport clubs, conversation/rap gazlors, massage parlors and steatn room/bathhouse facilities which aze not adult uses. j. Food catering establishments. k. ,.. Public, pazochial and other private elementary, junior high or high schools offering courses in general education, and not operated for profit Brew on premises stores as regu- lated by Minnesota State laws. C,offee kiosks. n. Fully enclosed auto sales when in- corporated within a multi-use retail center. (3) Recycling drop-off station; provided, that the facility: a. Shall not cecupy an azea more than two hundred (200) squaze feet and shall not interfere with pazking and maneuvering requirements of the principal use; b. Shall be screened pursuant to sec- tion 62.107 if it abuts a residential use or district; Supp. No. 41 a52 COURT OF APPEALS NLTMBER CX-00-1838 �� 5 � `�, � z � � -P�-se�� ----�----- �- r � ----------'_ � 4 4 /a,/a� � �-�� -�� : � . � x � ---� � . �/��/ � / G� � �� COURT OF APPEALS NUMBER CX-00-1838 DOCiTMENT #8 _� —^ ' ! ' � ._, ,. , I �� , ,;. , _� �___ - �� .. � ;: �. i; _.� � .. . � � . _'� � . _� = -. ' T . ;• • +r .� ! ! • ` � � � J� -= B� � ��:��: , :_ �-_: � � :;" --.;�_ � . � ; � . .rI : •�• � � ' . , 1 • � _� � ,. I�i��i;j�:. i ! � + '� .�� —��,, �� ± � � _ � �� ; . � ,:. �� , � � . _ � � �� i s . '� � � ' . � � � _-_ � `\ j 1 �Y T � 5.. � �': � I , y „n ' �, �, i � � � � � j �� I � �-::... ` � J � i � ��$ �� ..�-_ _ ��' � �� r� � i l �: � �� t� �� 4 � � �� _ r--�„ ,; .� ; �°s_ - _ � *� .�� ``, ; --- .;� l.,; ; : . � -----------7 . �� ; , ;� ; @ 4 � � .q- � �u��. 1 ,�. � i i � 2! , I �� ':" ' ; '�, . ,,._ _� =,1 �. � ... ..� .� � . : :�r • • � � "� i i� • • • • `� i � , �_ .. ; 00 � �� W �V , � � � �� t �r � � �� 1 COURT OF APPEALS NUMBER CX-00-1838 DOCL7MENT #9 CTTIZEN SERVICE OFFICE F�ed Owusu, City C7erk CITY OF SAINT PAUL Norm Co[eman, Mayor i�o cxy aorr IS W. %llogg Bou[evmd SaiwiUPmd,.Hinnesata SSIQ2 TeL: 65I-266-8989 Fac 65I-266-8689 Web: Irup://www.slpauLSw 7DD: 266-8509 November 22, 2000 At the direction of Saint Paul Assistant City Attorney, Virginia Palmer, the original copies of all docmnentation relating to Council File #00-868 and 00-891 resolutions to grant Midway Center Bingo a waiver of the distance requirements in the Legislative Code and to grant Midway Center Bingo a bingo hall license, have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Nwnber: CX-00-1838. The copies have been filed as the original documents in the City Clerk's office files. r�9iG�L/L . ' it�7/'� Fred Owusu City Clerk C-� 4 // ° CN"z-2 Shazi Moore Deputy City Clerk STATE OF MINNESOTA COUNTY OF RAMSEY ss. Frederick K. Owusu, City Clerk, being fust duly sworn, deposes and says that on November 22, 2000 he served the attached: Index to the Saint Paul City Council File Nos. 00-868 and 00-891 upon the following attomey(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. Clayton Robinson Saint Paul City Attorney Virginia D. Palmer Assistant Saint Paul City Attorney Atty. Reg. No. 128995 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Robert D. Maher Best & Flanagan LL.P 4000 US Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Attomey for Petitioner /> _ c� /�' � C c l��'�— Subscribed and swom to before me this �a "`� day of ncue✓nber 20 v 6 �� Notary Public SHARI A. MOORE .� � WOTARYFt;BIfC-hl![�f$SOTA 69Y CAMMISS36N EXPIRESJAN.31,290� CITIZEN SERVICE OFFICE F2d Owusu, City GeAc CITY OF SAINT PAUL Norm Caleman, Mayor November 22, 2Q00 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 2B Constitution Avenue Saint Paul, MN 55155 Re: Oak Grove Properties, Inc. Appellate Court File: CX-00-1838 Dear Mr. Grittner: HAND DELIVERED Enclosed herewith please find an index and originals of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attomeys for Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, ��;�� /l. ��' �°� Frederick !C. Owusu City Clerk ]70CiryHaI1 Tel.: 651-266-8989 ISW.KelloggBoulev�d F¢r. 657-266-8689 S¢6u Pau{ Nfwresata 55102 cc: �rginia Palmer, Assistant City Attomey (index only) Robert D. Maher, Attorney at Law (index only) BEST & FLANAGAN LLP ATTORNEYS AT LAW Robert L Cros6v Leovard 1L Addmgmu \. l�aher Gcaff Alle� D. Bamud R�ahard A Peterson Roben L Chr�snamon. Jr. F'cenk] A�dlz }'rank bogl �larinus R 4'an Puuen. Jr. John A. Burton, & �amv c. ��a.�� 'fhomae 6. Helfelfin�,u Robect L. Mellu. l�- Moxru F, Knop( ,lud�th A. Aogosheske Sco¢ D. Bllec Chartes C. Buquist �. Se�eph LaFa�e Gvevory D Soule Cathy F Goc6n Pamck B. He�nesey Timotk�y A. Sullieau llamel R.W. _Vekon David J. Zubke Ste�en P Krugu Paul E. Kami�sla Ross C. b'ormell Caryn S Glwer Mary E Sheeven Batba�a M. Ross Catherine J. Coum�ey Jennnice M Red�ng Saceh Cuppe�.Y�sdiso� Rober� D Maher Chnemphe�D Johnson M�ohael H. Pi�k 1�u a �o�r Damel A Kap]an Ro6eri M. Lew�s Jesneue Q Roegge Den�ee M. Brvnsoo Cynthia L. Hegany 1larlene A. Petecson Wl�c6elle eergholz Fraz�er B�en W. Kens�ck� David C. bluryhy OFCOLVSEL Wa�d B Le�vPs Arohibatd Spencu [tobert M. Skace John R Carzoll 7ames D. Oleon Sco¢ P. Moen 7ames I. Bevt �wz-��ira RnLeal.FLaewgan is�sivra 4D00 liS Bank Place 601 Second A�enue South Vlinneapolis, 4lmvesota 55402-4331 Telephone 612 339 7121 Facsimile 612 339 589 � ��v.�c.besdax.com Direct Dial: 341-9732 E-mail address: nnaher@beNaw.com VIA MESSENGER October 23, 2000 Mr. Fred K. Owusu City Clerk City of St. Paul 15 West Kellogg Boulevazd St. Paul, MN 55102 RF��I�/EL� ocj 2 s 2aoo �fTY CLERK ��13�� ,(S OOOZ � z 1�0 03 � 1 �3��r Re: Oak Grove Properties, Inc. v. City of St. Paul Dear Mr. Owusu: Enclosed herewith and served upon you please find Petition for Writ of Certiorari, Statement of the Case of Relator Oak Grove Properties, Ine. and proposed Writ of Certiorari in connecfion with the above-captioned matter. Also enclosed is our check in the amount of $500 in lieu of the cost bond. Very truly yours, /l C%�' `� �/// i �� Robert D. Maher CIIIlI Enclosures 11262\951649\127502 POII�DED 1926 STATE OF NIINNESOTA IP1 COURT OF APPEALS Oak Grove Properties,Inc., Relator, vs. City of St. Paul, Responc3ent. Appellate Court No. STATEMENT OF THE CASE OF RELATOR OAK GROVE PROPERTIES, INC. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 I. Court or aancv of case orioinarion and name of presidins judee or hearing officer: City of St. Paul City Council, Dan BosYrom, Council President. 2. Jurisdictional Statement. This matter is before the Court on Relator's Petition for Writ of Certiorari and Writ of Certiorazi pursuant to Minn. Stat. § 606.01 et seq. and Minn. R. Civ. App. P. ll 5. The St. Paul City Council passed the Resolution on September 27, 2000, and the Mayor approved it on October 4, 2000. State tvpe of litieation and desi¢nate anv statutes at issue. Oak Grove Properties, Tnc. seeks judicial review of the St. Paui City CounciPs waiver of the requirement that there be two (2) miles between licensed bingo halls and its grant of RK Midway, LLC's application for a bingo hall license to be located within two {2) miles of Oak Grove Properties, Inc.'s existing bingo hall. The St. Paul City Ordinance at issue is § 403.01 et seq. and, in particular, § 403.05, Subd. (b}. 4. Brief description of claims. defenses. issues ]itigated and result below. Oak Cnove Properties seeks review and reversal ofthe St. Paul City CounciPs waiver of the requirement that there be two (2) miles between licensed bingo halls and its issuance of a bingo hall license to RK Midway, LLC for a bingo hall to be Iocated within two (2) miles of Oak Grove Properties' existing, licensed bingo hall located at 451 N. Lexinb on Pazkway in St. Paul. Section 403.05(a) ofthe St. Paul Ciry Code requires that a minunum distance of tcvo (2) miles be maintained between licensed bingo hails. The City Council may waive the distance requirement upon a finding that the location of the proposed site would provide economic development benefits without significant negative impact on residential or commercial uses, pursuant to §- 403.05(b) of the St. Paul City Code. RK Midway applied to tke Ciry of St. Paul's O�ce of License, Inspections and Environmental Protection (" LIEP" ) for a bingo hall license and waiver of the two mile distance requirement on 7uly 25, 2000. LIEP recommendec3 to the St. Paul City Council on September 18, 2000 that the application be approved. RK Midway, LLC's waiver and license application were placec3 on the City CounciPs September 27, 2000 agenda for a public hearing. At the public hearing, Relator presented testimony that waiver of the distance requirement would not provide economic development benefits and would, rather, have a negative impact on commercial uses. Specifically, Reiator informed the City Council that (1) the charitable organizations using Oak Crrove's licensed bingo hall indicated their intent to abandon their operations at that site and commence bingo occasions at the RK Midway bingo hall if and when RK Midway's license was granied and (2) there aze not enough bingo patrons to support bingo halls at both sites. The City was awaze, therefore, that the creation of alleged economic development benefiYS at The RK Midway site was really only a transfer of economic benefits from one site to the other, at the expense and to the economic detriment of Oak Grove. After the pubiic hearing, the City Council passed a resolution granting the waiver and the license. The Mayor approved the City CounciPs resolutfon on October 4, 2000. 5. Issues to be raised on apgeal: A. Whether the City Council's waiver of the two (2) mile distance requirement and issuance of a bingo hali license to RK Midway, LLC was azbitrary and capricious and unsupported by substantial evidence in view of the entire record as submitted. 6. Is transcriQt required? Yes. A transcript of the audio taped proceedings is required. If so, full or partial transcript? Full. 7. Is oral argutnent requested? Yes. If so, is azgument tequested at a location other than provided in Rule 134.09, subd. 2? No. 8. Are formal briefs nacessarv? Yes. 9. Names addresses. zip codes and telenhone numbers of attorney for appellants and res�ondents. ReIator Oak Grove Properties. Inc.: Frank J. Walz Caryn S. Glover Robert D. Maher BEST & FLANAGAN LLP 400 U.S. Bank Place 601 Second Avenue South Minneapolis, Minnesota 5�402 (612)339-7121 Respondent Citv of St. Paul: Vizginia Palmer Assistant City Attorney 15 West Kellogg Boulevard Suite 400 St. Paul, MN 55102 (651)-266-8710 3 Dated: !� y3 Respectfully submitted, BEST & FLANAGAN, LLP B / Frank J. Walz (Atty. eg. # 114327} Caryn S. Glover (Ariy Reg. #183040) Robert D. Maher (Atty Reg. #220863) 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR RELATOR OAK GROVE PROPERTIES, INC. ACKNOWLEDGEMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. Stat § 549.211, Subd. 3. //��' �' _ /` ` iz�zo� r � . RECEIVED �CT 2 3 200Q CiTY CLERK Oak Grove Properfies, Inc., vs. City of St. Paul, STATE OF MINNESOTA IN COURT OF APPEALS Petitioner, Respondent. Appellate Court No. PETITION FOR WRTT OF CET2TIORARI Date of City Council Decision; September 27, 2000 Date Approved by Mayor: October 4, 200Q TO: Frederick K. Grittner, Clerk of the Appeliate Courts, 305 Minnesota Judicial Center, 25 Consritution Avenue, St. Pau1, Minnesota 55155. The above named Petitioner hereby petitions the Court of Appeals for a Writ of Certiorari to review a resolution by the City of St. Paui, St. Paul City Council, dated September 27, 2000, granting the request for a waiver of the requirement set forth in Saint Paul Legislative Code §403.05(b) that a minimum distance of two (2} miles be between buildings licensed for bingo halls and granting the application of RK Midway, LLC for a bingo hall license. This appeal is pursuant to Minn. Stat. § 606.01 et seq. and is based upon grounds that the Ci1y Council's resolution is arbitrary and capricious and unsupported by substantial evidence in view of the entire record as submitted. Dated: / v 2 0 � Respectfuity submitted, BEST & FLAiti1AGAN, LLP By i ��i�ti� Frank J. Walz (Atry. Reg. #11432'� Caryn S. Glover (Atty Reg. #183040) Robert D. Maher (Atty Reg. #220863) 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR PETITIONER OAK GROVE PROPERTIES, INC. - ACKNOWLEDGEMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. SYat § 549.211, Subd. 3. , � i27i26 �CT-26-29�� 09�1E CITIZEN SEP.VICE OFFICE 612 266 8689 P.62i62 �ouncu rue .-� vp � 4 -� � Grccn Shcct m �/ �79,� RESOLL'TION CITY OF SAINT PALZ, iV1IN:VESOTA 4� Presented � Referred To Committee: Datc 1 WHEREAS, RK �lidway, LLC, d/bia Midway Center Bin�o, has applizd for a bingo hall 2 ficense at 1508 W. University Avenue; and 4 WHEREAS, a bingo hall license is currently issued to the premises at A51 N_ Lexington 5 Pazkway, which location is within a two-mile radius o£ 1508 W. University Avznue; and 10 11 12 ]3 14 1� 16 I7 18 19 20 21 22 WITEREAS, Saint Paul Legzslative Code §403.05 requires a minimum distance of two miles bctween buildings licensed for bingo fialls, but §403.05(b) peimits the distance requirement to be waived upon a Fnding by �e Council thal the location of the proposed site would provide economic development bznefits witbout siguificant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow more than one a bingo hall within t�vo miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee ownzr of an existin� licensed bingo hali within the two mile radius; and WHEREAS, the Council has determined, based upon the application, written submission by applicant and such testirnony as may havc becn hcard at the public hearing on this matter, that ihe waiver requirements have been met and that a waiver shonld bz granted; now therefore, be it RESOLVED, that the applicant RK Midway, LLC, d/b/a l�iidway Center Bzngo is hereby granted a waiver of the distance zequirements contained in Saint Paul Le�islative Code §403.05 and the application for a bin�o hall license for the premises at 1508 W. liniversity Avenue is hereby p anted. �eevesced by �epart;nent o:: i ��`' � '-/' �orm apnrcvad by Cicy acco:r.e�� By � Sae. .��.� apprcved b V M3yGZ °OY `11bin>33:OR LO COUriCl; H.�: �^� (� � .'-.Dpro.�ed by Hayor: Da[e � �l.�(}'� B�•: eY: T�TAL P.�.=. adop[ad by Couacil : D�te �_ �. 2 r / J-/-� e�� —�°� ^—_> Adoocio^_ Cer�iiied �f Cc_^.cl'- SecreLdTy STATE OF Pv1INNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, Respondent. Appellate Court No. WRIT OF CERTIORARI Date of City Council Decision: September 27, 2000 TO: City of St. Paul, City Cierk, 15 West Kellogg Boulevard, Suite 170, St. Paul, Minnesota 55402. You aze hereby ordered to return to the Court of Appeais within ten (10) days from the date the Relator's brief is due the records, e�ibits and proceedings in the above-entitled matter so that this Court may review the City Council Resolution dated September 27, 2000 and approved by the Mayor on October 4, 2000, where the St. Paul City Council granted the request for a waiver of the requirement that a minimum distance of two (2) miles be between buildings licensed for bingo halls and granted the application of RK Midway, LLC for a bingo hall license. Copies of this Writ and accompanying Petition shall be served forthwith, personaily or by certified mail, upon the City of St. Paul and its Assistant City Attomey, Virginia Palmer, 15 West Kellogg Boulevazd, Suite 400, St. Paul, Minnesota 55402. Proof of service shall be filed with the Clerk of Appellate Courts. Dated: CLERK OF APPELLATE COURT By �nis� � N � � _ � '� w � w _ � � •' ru o � 3 r z O r a � ❑ > p z � Q T �'� O � � � D Q7 S � � u� S P1J � �. � W D � ; r �o m a O i << � 00 o� �m � � � 0 � �i > C r G � G ➢ r m � m 0 c � > � * � < .� z b � C z d 0 0 0 0 C O t � � iE � .. 0 N � O y �m O H> n ° oo jc O y � ! � � � �� , r"r ` ' ��. ` � z z;� � 9 n � � � C c�r�� N � � W ' � G � Z z � �NC� N � � j � O O T � C w '—' � m Z Z z , >oo � o-= -�� o jOD c ;�> ti=�� , z m � O � y � N C.SI � � W w BEST & FLAN�GAV LLP ATTOR\EYS.?T LaW" ao�,rn c. c��.i>, ix��a�a u. iad�� „ v �vai�r�c��a .Allen U. Barnard Richned 3. Pelerson Robra J. Chn�pamon. ]�- FrankJ.\�aL Pmnk Voel ��,�,�,„ ��„��„��.�,.i� J��Ln.t. Bun�nJr J.,,"r U��s.l<, '1'Lonias Ii Hi�firlfn�,aer liubrnl.. Afelle�.�� N�mn E. hniip! ludith> 6o_mLe.f,e ,�„�� u. r;w-� r.i��,dr, c. i;,��.i i:.J��.r„i, i.�t��- r,��., u. ��,�n Cnihv F_ c.��di�i Pnwo-A R. H�-��nr..� "IAmoiL. 1. anlln.�n u��r� �; �� ,.�.�„� ��,�� . z„�,�� ,«�r�� ,.+.��, r�,a i... �.��„��,.ti� it�,., c H,��u c„��s c,�,�� Nan F.�L��.uen Rmbar�q 1{,�,� (.at6Nnn�-J- Cm�nm�. �eanR��e ��Zei{in5 drd�i G�ppen ��ddi.on Itobr.n D, ll.J�e� ci,��,�oNi�F� o. i�i��.�� V��6arl H Pinf. LII 13. I,�uu Damel { I:npinn aoi�ert �� t.�„��s Jea�ette 0. Ror;�;e Dem,r VI. ftrun.on Cvnihis I . Heran. Nadrne 4 Peleov�n \h��hrllr Rrrv,;holi P'raner 13nan R' hrmieki Da.ul(.. 1lurph� OPCUlb41. l4anl B 1.en"v� drehibeld 3prn��rr Itohen 11. 5kace Joh� N. Cavmll James D Ukon �a ou P. lloen J��ne� 1. I3,>t 1'nn.I W"� Ruben 1. 4�an.�n inrkio; i 4000 li5 Bank Place 601 �econd �venue �outh Hinneapolis, �finne,o[a i.i�}02-4331 Telephone 612 339 . Facsimile 61=> 339 �39 i www.besdaw.com Duect Dial: 341-9732 E-mail address: Imahet@bestlaw.com VIA MESSENGER October 24, 2000 Mr. Fred K. Owusu l�,lfj' lllel�t Clt}' Of .�t. P2i11 15 West Kellogg Boulevazd St. Paul, MN 55102 Re: Oak Grove Properties, Inc. v. City of St. Paul Appellate Court No. CX-00-1838 Deaz NIr. Owusu: �tECEi'✓E� �l�P 2 � L�QQ �.�rv �LER� Enclosed herewith and served upon you please find Writ of Certiorazi in connection with the above-captioned matter. _ Very truly yours, � //`i' � Ro ert D. Maher CI111I' Enclosure 11262\951649\127502 fO�NDEU I)LG STATE OF IvffNNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, /1ppF A7-�F� �F ° � r 2 � 2000 �i� E� Appellate Court No. C'.X -�- j$-� g' WRIT OF CERTIORARI Respondent. Date of City Council Decision: September 27, 2000 TO: City of St. Paul, Ciry Clerk, 15 West Kellogg Boulevard, Suite 170, St Paul, Minnesota 55402. You aze hereby orderad to rattiun to the Court of Appeals within ten (10) days from the date the Relator's brie£is due the records, e�ibits and proceedzngs in the above-entifled matter so that this Court may review the City Council Resolution dated September 27, 2000 and approved by the Mayor on October 4, 2000, where the St. Paul City-Council granted the request for a waiver of the reqnirement that a muumum distance of two (2) miles be between buildings licensed £or bingo halIs and granted the application of RK Midway, LLC for a bingo hall licensa. Copies of this Writ and accompanying Petition skall be served forthwith, personally or by certified maii, upon the City of St. Paul and its Assistant City Attomey, Virginia Paimer, 15 West Kellogg Boulevard, Suite 400, St. Paixl, Minnesota 55402. Proof of service shall be filed with the Clerk of Appellate Courts. Dated: _(� p 127157 CLERK OF APPELLA3'E C4URT B �-'- -� BEST & FLANAGAN LLP ATTOR\EYSAT LAN 4000 US Bank Place 601 Second 9�enue South �lirmeapolis, �4�nnesota ��402-4331 Telephone 6123397121 Facsim�le 612 339 5897 S�n.-�c.besda�v.com E-Mail Address: celover(cr�.bestlaw.com Robert L Crosby �RO�a� �t..�aa��o� � ��ei�e�cr�e Allen D. Bamard fLche�d d. Pereoson Nobert7. Chnshannon.7r F�a�k J. aa�� Fce�k Vogl blaunus R'. Van Putcen, Jr JohvA 13uimq]r James C Dmaeles ThomasB HeHel6ngec Rabert L. Melle�,.lr Moms E Knop( Judith 9. Nogosheske s�un su� Chades C Becqummt E. ]oseph laFe� e Greoory D So�ile Cathy E Godm Yamek B. Haaaessy Tunothy A. Sulin an Damel R N Veleon Dav�d 7. �u6ke Sie�eu A Kruger Paul E Kaminski Roee C. Forniell ce cio�e� �a� e. sh��e� Ba�b�a M. Ross Catheo�eJ.Conrt�ey leanmce M Redm; Sa�ah C�ippe� �7ad�son Robert D 1lehec CbnsropherD )ohnwo M��he�l H. P«k h➢ B Laorz Gamel d. Rapla� Robert Yl.7zw�c Jeanene O. Roegge Demsel[ Bruvson C�mhu G. HegMy \7acle�e 4.Peteroon Vhrhelle Be��olz Fiu�e� Bnau IX! Kens�rk� Aavid C �Iu�phy GFCOC]SBL �S'ard R. Le�v�. 4�ch�bald Spenaer 2oben M. Ska�e Jd�n R. Ca�r�ll .lames R Olson Scott H Moen .lames I Beat 19Jh]965 RoAertJ.Flanaga� ia�eiecn Mr. Fred K. Owusu City Clerk Cit�,� of St. Pau! 15 West Kellogg Boulevard St. Pdul, MN 55102 RE: Oak Grove Properties, Inc. v. City of St. Paul Appellate Court No. CX-00-1838 Deaz Mr. Owusu: ��T F ��y�� , ��0 ��' I October 26, 2000 Pursuant to Minn. R. Civ. App. P. 115.04, subd. 2, Relator Oak Grove Properties, Inc. hereby requests and orders a transcript of the audiotaped proceedings before the City Council in the above-referenced matter. Please contact me at your earliest convenience so that we may make appropriate fmancial arrangements for the transcription of the audiotape. Thank you for your courtesy. Ve2y t77Uly yOUT'S� � i� • /� � !� / Caryn S. Glover CSg�YyS 127783 I FOGnDEDl925 STATE OF MINNESOT COURT OF APPEALS NOTICE OF CASE FILING Trial Court Case #: Case Type: Agency Review ST PAUL CITY COUNCIL SUITE 170 15 WEST KELLOGG BOULEVARD ST PAUL MN 55402 Case Title: Oak Grove PropertieS, Inc., Relator, vs. City of St. Paul, Respondent. * �� o O� �i You are notified that case number CX-00-1838 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, please include your Attorney Registration License number on all filings. The appendix to your brief must have pages numbered consecutively from beginning to end and must contain an index. Failure to comply may result in rejection of the appendix. This office will send notice to the Trial Court Administrator when transmission of the trial records and exhibits is required. *** Appellant must promptly order transcript within 10 days and file completed certificate within 10 days thereafter. Minn. R. Civ. App. P. 110.02. *** ORIGINAL AND ONE COPY OF THE REVISED FORM 133 STATEMENT OF THE CASE ARE REQUIRED (SEE AMENDED RULES OF CIVIL APPELLATE PROCEDURE FOR CORRECT FORM). PURSUANT TO THE COURT'S ORDER, ANY DEFICIENC?ES NOTED NNST BE REMEDIED WITHIN TEN DAYS. FAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RULES, COURT NOTICES, AND ORDERS, MAY RESULT IN TAE IMPOSITION OF SANCTIONS. Dated: October 23, 2000 BY THE COURT: Frederick K. Grittner Office of Clerk of the Appellate Courts 305 Minnesota Judicial Center St. Paul. NIN 55155 Transcript of St. Paul City Council Meeting September 27, 2000 TABLE OF CONTENTS Testimony ofRobert D. Maher......--• .............................................•---.................. 2 Testimony of Don Ludemann.....-•-•-•----�--•--• ........................................................ 6 Testimony of Paula Maccabee .............................................................................. 9 Testimony of Ellen Waters ................................................................................. 13 Testimony of Bazbaza Kale ... .............................................................................. Testimony of Jerry Penon ...................................................................................18 Council Secretary: Item 48, Resolution 00891 Waving the rivo mile distance requirement for RK Midway d/b/a Midway Bingo Center, 1508 West Uruversity Avenue, and granting the application for a bingo hall license. Council President Bostrom: Mr. Kessler. Kessler: Mr. President, members of the Council. In regard to the new bingo hall at Midway Shopping Center, license staff recommends the approval of the application at the Midway Shopping Center because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00314. L.I.E.P. staff, in consultation with David Gontazek of the Departrnent of Planning and Economic Development, finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and under-utilized azea of the shopping center. The physical location is sepazated from the residential uses by Interstate 94 to the south, the MTCO bus garage to the west, Cub Foods to the east and the Midway Center itself to the north. L.I.E.P. also believes that the concept of obtauung the consent of neighboring bingo halls to allow a new bingo hall to locate within the two mile radius of an existing hall does not make sense. Not only aze there probiems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing agreements. We urge your approval of the application of the proposed legislation that aliows for the waiver. I'd be glad to answer any questions regazdin� this that you might have and am also awaze that there are others here that wish to speak to this issue. Bostrom: Are there any questions of staff before we begin the public hearing? Alright, thank you Mr. Kessler. This is a public hearing and I just advise folks we a11ow 1� minutes on each side. With something like this you don't have to take it but that's whaYs available, so what we would ask is that anyone that is in opposition to this, if you would like to address the Council. Maher: Good evening. Council President Bostrom and the City Council, my name is Bob Maher. I'm an attorney at Best & Flanagan and I represent Oak Grove Properties and Jim Riley. Jim Riley owns the commercial space at Lexington and University which includes a licensed bingo facility as I am sure most of you know. We oppose this request for a waiver. Mr. Riley has operated bingo at his site for 9 yeazs with four charities as his tenants. If the Council grants this waiver, it is our position that Mr. Riley will no longer be able to operate a bingo facility at this site. The reason being is that Mr. Riley's four tenants, these charities, have 2 indicated that they aze going to move their bingo sessions from his spot at Lexinb on and University down the street to the new Midway space, if it is licensed. And there simply aze no other chariries expressing the desue to take their place, or even to enroll now, so Mr. Riley wiil have to close his doors. That is why we oppose this request for a waiver because rather than providing an economic benefit, as the ordinance requires before you can grant the waiver, this waiver wiil simply move an existing economic benefit down the block, and there is no justification for depriving the Lexington and University azea of these benefits. On the contrary, there probably is more commercial vacancy at that end of University than at the Midway end of Umversity and perhaps a greater need for a commercial presence on that end. It would be one thing if RK Midway's application for a waiver were supported by four other or three other, or even one other charity, besides the chazities that are currently Mr. Riley's tenants, which were perhaps looking to get into the bingo business. Perhaps then maybe you would have an argument that an additional bingo facility would add an economic benefit. But that isn't the case here. Besides these four charities, there simply aren't any other charities clamoring to get into bingo, which is probably not that surprising given the proximity and proliferation recently of casino gaming and track betting over the last few yeazs. The point is that this azea simply can't support two bingo halls and the economic benefits of a waiver that are being discussed here are already present in the site that you have. If you grant the waiver, you will be filling a large vacancy on Snelling but creating an equally lazge vacancy on Lexington. And you'll be bringing thousands of bingo customers to Snelling every month but at the expense of those, iYs the same bingo customers. They'll no longer be going to Lexington. So it really has a net zero effect on sales tax revenue or properiy tax revenue or TIF support. And all of this has to be contrary to the intent of this ordinance. The ordinance says that only under special circumstances should the Council grant a bingo license within two miles of an existing facility, licensed facility. And the best reading of that ordinance is that these special circumstances require the waiver of the distance requirement to create an economic benefit, not to simply move the same economic benefits down the block. We submit that is the effect of this waiver. And there's another problem. For years, Mr. Riley has been trying to develop more of his space at Lexinb on and University, which is admittedly under- utilized. For three years, Mr. Riley has been negotiating with Home Depot for them to open a new store on Mr. Riley's property. And, in fact, the parties have essentially reached an agreement recently that will allow Home Depot to use this space and open up a new store. But all along the agreement was and is contingent on Mr. Riley fmding a site for his bingo license. The reason is that because the amount of the rent that Home Depot is willing to pay to open the store is such that it only makes sense for Mr. Riley, and is only feasible for Mr. Riley, if he can continue to earn money with his bingo license. If the Council grants this waiver request, then the value of Mr. Riley's bingo license is reduced to zero. And he will not complete the agreement with Home Depot. The economics are such that he will not be able to do that. And a significant opportunity for real, new economic benefits is going to get lost. Now, prior to RK Midway's attempt to get its own bingo license, Mr. Riley was very close to an agreement with RK Midway to locate his bingo hall in the Midway Center space. And that relocation would have allowed Mr. Riley to do the deal with Home Depot and allow a significant tenant to come into the Lexington and University azea, with obvious commercial 0 benefits. But suddenly RK Midway stopped retuming Mr. Riley's calls, and the neact thing we knew they were appiying for their own license, and now we're all here talking to the City Council about this. Obviously, we don't like how that developed and how RK Midway went from being a possible business partner to trying to take our bingo tenants away. And we understand that that is not the issue before the Council. But the important thing for the Council to know, we believe, is that this azea cannot support two bingo halls. The interest from the charities is not there. So, if you grant this waiver you won't create an economic benefit, you'll simply move it. And maybe more important, a waiver will cause the City to lose a significant economic benefit in the form of a Home Depot at Lexington and University, and thaYs an area that really could use the boost. So, for those reasons, we think you ought to deny the waiver request. Thank you. Bostrom: Council Member Reiter: Maher: Thank you. Mr. Reiter. If Home Depot wants to locate there, would the bingo hall still stay? No. The deal we're talking about with Home Depot, we would have to find another spot for the bingo hall. Reiter: Other than at that location? Maher: ThaYs right. 5 Reiter: IuF1T� Reiter: Maher: Bostrom: Ludemann: Council Member Coleman: 1117� - �f�"'iFS'S'� I see. So the tenants of the existing bingo hall, if Home Depot went in there may have a problem relocating. Well, we'd fmd a spot for them. Okay, thank you. We can't do the deal without it. Okay. Is there anyone else who wishes to be heazd in opposition to this? Sir. President Bostrom and members of the Council. My name is Don Ludemann and I'm President of the Snelling Hamline Community Council, the neighborhood that's in question here before you. First, let me apologize for my casual dress. I just got off the airplane from vacation and didn't have a chance to go home and change. What about the mustache? I can take it off too. Snelling-Hamline is by and large a very business friendly neighborhood. We have good relations with the Midway Mazketplace, the Midway Center and the dozens of businesses on University Avenue, Snelling Avenue, Selby, Mazshall. However, I am here before you to speak against this waiver, or rather for the waiver with certain conditions that I would like to ouUine C': for you. Aithough I personally don't shaze, don't have strong opinions on this matter, there aze neighbors in Snelling-Hamline who have very strong negative perceptions of bingo halls. They feel that, in fact the legislative code also feels that there is the potential for a negative impact by putting a bingo hall in the neighborhood. As a matter of fact, the license for a bingo hall is the same license that you would have to get, a similaz class of license to a pawn shop or a gun shop or an infectious waste processing facility. Obviously the code recognizes that there is the potential for a negative impact. Our desire in the neighborhood is to work with RK Midway to work with the proposed tenants, to minimize the negative impacts and maYimize the benefits. Mr. Kessler referred to a PD opinion that this facility would not have a negative impact on the neighborhood. We beg to differ. We feel that the potential is there for a negative impact. Ms. Maccabee speaking on behalf of RK Midway will no doubt tell you that the location is remote, that it's not very visible. On the contrary. It's right across the street from the Cub Store which is probably the highest volume store in that entire section of University Avenue. So it is a very visible location. I would say it's a prime location and I think that it will be very visible and potentially negative visibility for the neighborhood. So our Council feels strongly that there is a potentially negative impact. This image problem is really what hangs people up. They don't want it in our neighborhood. But beyond 'unage, when we appear befoze Mr. Strathman and we raised some very specific concerns about security and safety, about lighting, about landscaping and parking. We asked for an annual renewal of the license rather than a biannual renewal of the license. Mr. Strathman chose not to place those conditions on the license. And, in fact, we could live with that because again, we're business friendly. We trust that RK Midway will work with 7 the neighborhood to address our concerns. But we're here tonight not to talk about the license but to talk about this waivet. Whether to move the gambling, bingo from Lexin�ton and University one mile to Pascal and St. Anthony, which is the proposed new location. I have to a�ree with the previous speaker. There is no net gain. There is no net economic benefit. You're just moving it one mile down the road. But there might be a secondary benefit. There might be the possibility that the people who go to play bingo will also shop at the Rainbow or the Walgreens or have dinner at the neazby buffet. ThaYs what we in the neighborhood want to ma�cimize aze the benefits and mnumize the potential negative impact. So what we're asking the Council to consider is our efforts to work with RK Midway and the potential tenants and masimize the positive benefits and minimize the negatives. Quite frankly, I don't know what to ask you for. Are those conditions on the license? Is that laying it over until the neighborhood and the businesses can work something out? Pm not exactly sure. But I would ask you to respectfully consider our concems. Bostrom: Okay. Yes Mr. Reiter. Reiter: What are the negative aspects of the bingo hall? Ludemann: Again, personally I don't. Reiter: No, but you mention them throughout your speech and I, you know, Pd like to lrnow what they are because I'll be honest with you, I've worked at church bingo F:3 for 20 yeazs and I don't thiuk we ever had a police call and the average age was Ludemann: Reiter: Ludemann: Reiter. Bostrom: Illff - ��'�FS�iI Bostrom: Maccabee: 50 or 5�. So, you know, I don't look to any riots or big problems. Council member Reiter. I concur with that. The concem of the neighbors is not so much for the patrons of the bingo hall. IP s for people who might prey upon them. Pickpockets, purse snatchers, that type of thing. That's why we aze concemed about security. People going to and from their cars. Make sure there is adequate lighting. That type of thing. My understanding is that, excuse me, my understanding is that they have security, off duty policemen working these sessions. Is that true? The gambling manager assured us that that was the case, yes sir. Thank you. That you Mr. Ludemann. Be sure to sign in there. Thank you. Okay. Is there anyone else who wishes to be heazd in opposition to this? Alright. Then we'd hear from the supporters of this program. Good afternoon. Good a$emoon Mr. President, Councilmembers. I'm Paula Maccabee and I represent RK Midway and I'd like to speak to this issue briefly and then we also � have a representative here from the Midway Chamber of Commerce to talk about the economic issues. And Bazb Kale who is from Midway Trainin� Services who runs the bingo and then if there aze specific questions you have about security, Mr. Miklich(?) who is an onsite manager for the bingo halls to make sure that there is safety and security and people get escorted to theiz cazs is here. As is Tom Dina who has been working with the redesign. I want to start by saying that the Council passed an ordinance that states a real cleaz guideline about when a waiver should be approved. And it doesn't talk about special circumstances. It talks about promoting responsible ownership and accountability. And thaY s what, this is happening, is that there are four tenants, four charities, Holy Childhood, Midway Training Services, the Women's Auxiliary of St. Mary's Greek Orthodox and Midway Transportation which provides transportation to disabled people, who concluded that the location at Lexin�ton wasn't meeting their needs or their customers needs for a feeling of security safety and for the shopping that the customers wanted. And so they, within the rights of their lease, which has a notice provision, they're not in any way trying to change that, sought another altemative and I was contacted by a well-known realtor in the Midway azea who I have been working with since I was on the Council, and that's how we got in contact with the tenants. And so they have now signed leases and are ready to move into the space at Midway Center. Let me talk about why this will provide economic development benefits. The first economic development benefit is that the space, and iY s about 10,000 square feet at the back of the center, has been vacant and untenantable for at least 20 yeazs now. It is untenantable because it doesn't meet code and it costs a fortune to bring it up to code. And because charitable gambling does weli, my client can afford to invest that. And that is 10 over $700,000 that will be invested on our community in tenant improvements basically as soon as the Council approves the waiver and the license. And what's important about it, and I think Mr. Ludemann mentioned it, is that by moving these tenants, these customers, and this about 15,000 people a month, into an azea where there's Cub Foods, there's Rainbow, there's Herbergez's, there's Kmart. Many of these people aze senior citizens. For many of them they aze using the bus. It's not easy to go and take a jaunt out to the shopping center by car. And so they make a day of it and they'll be spending money, having lunch, buying food, buying groceries, buying whatever pharmaceuticals and that economic development benefit will come into St. Paul. Because there isn't a similaz economic engine on Lexington, there is a difference. We will be able to capture those dollazs. And many of these people aze coming in from Minneapolis or from the suburbs so it is a benefit for the City as a whole. And particularly since the City has invested in Midway Marketplace, that is securing our own investment. Also, this Midway Center bingo ha11 uniquely will create no harms. It is at least 700 feet away from the nearest residence, and thaYs the back pazking lot and I94 going to the south. It's the whole Midway Marketplace development going to the east. IYs our whole center and then the roadbed of University going to the north, and then the bus barn and also Spruce Tree going to the west. So it is really insulated from neighbors. Also, unlike many other business situations, there is enough pazking here. IYs not going to impinge upon sma11 businesses. There is plenty of parking. We've actually made sure, in consultation with Councilmember Benanads office, that the plan for the way this bingo hall is designed and the pazking will not interfere with joint development options, which we aze hoping will be considered by Metro Transit when they look at the bus barn 11 redevelopment. So we have a situation where there is economic benefit, there's no harm to residents and there's no harm to businesses. Mr. Ludemann raised some important issues. It is also our goal to maxiinize the positive and minimize the negative. We wiil not be having huge, free standing sians. The signs will be of the same chazacter as what we have on the front of the building. And Mr. Ludemann also talked about security. At every session of bingo there is an employee there who is responsible for security. We put in extra bathrooms to accommodate the ladies. We are willing to escort anybody to their cars. There is trash pick up. And we even talked to Mr. Ludemann as this being an opportunity to begin to improve the aesthetics in the back. Now we're not going to make, there is some investments in landscaping we can't make now without interfering with the potential for future joint development. But I would talk to RK Midway, = and they're willing to do some planting along Pascal and Mr. Tombina is here from the management facility, Westbrook facility, and we're willing to sit down with the neighborhood and figure out where is the best place for those trees so we can start improving the look of the center even before we do a major redevelopment. That brings my remarks to a close. If you have any questions for me, othenvise I'll let other people talk. Bostrom: Any questions of Ms. Maccabee? Alright. Please sign in. Maccabee: I will sign in. Maybe the Midway Chamber would be the best. Bostrom: Good evening. 12 Waters: Good aftemoon, council members, Council President Bostrom. I'm Ellen Waters, P m President of the Midway Chamber of Commerce. As you may recall, we represent a few over 500 businesses in the Midway area of St. Paul, which includes the property that is in question. Actually, both properties. And we aze here today to offer our support for the waiver and the licensing. And I tliu�lc the previous speakers have done a great job of outlizun� the potential economic benefit. That's really the perspective that we shaze. From the standpoint of not what's good for any individual business but for what is best for the whole Midway business community, we feel that this is an unportant investment and we aze very pleased that RK Midway is willing to make some improvements. We encourage them to continue working with the neighborhood to address those concems. But frankly, we think on balance the evidence is pretty strong that this will actually provide some very good benefit. I also want to say that we would be happy to work with Mr. Riley at Lexina on and University to find a great use for that property. I think the facts are that these four charities are wanting to compete effectively in the marketplace that they do and that the RK Midway property presents an opportunity for them to enhance their revenues and to bring moze people to their doors and that's certainly something that we support and we think the spin-off development in terms of shoppers and increased economic activity in that area will benefit all of the surrounding stores and those retailers aze very excited with the prospect of 15,000 customers a month coming there. We don't want to suggest that Lexington and University isn't important by any stretch of the imagination. That corner has great potential and we have been keenly interested in the efforts to land Home Depot or some other similar development and want to continue to work on that. But I think if you look at the situation there 13 the fact is that it is very under utilized. There has not been much investment in recent years and it shows. And it's not an attractive environment. So for these charities to compete they have needed to look for the best opportuuity that they can fmd and they have found that at Midway Center and it's something that we support. We too are very concerned about the image of the Midway. Our mission is building a stronger Midway and we will be cazefully watching and working with RK Midway to ensure that the image issues, the crime perception, security, all of those things aze addressed. But we feei confident having worked with RK Midway over the years that we can address any of those situations that azise and that they will be responsible licensees and that on balance ali of this will actually provide great economic benefit to the whole Midway and we'll figure out something to do with Lexington as well. Do you have any questions? Bostrom: Yes. Mr. Coleman. Council- Member Coleman: I, this whole, one of the findings that we have to make specifically is that there will be economic development as a resuit of this waiver. And 1'm having just a hard time buying it. I mean, I understand, you know, there will be a lot of people coming into this thing. But if this in and of itself produced economic development, it has done nothing for the area that it already exists in. The one situation where I saw that there was cleazly the impact was over on Payne, when we got rid of the strip joint, and I think that that was pretty clear that we were able to, you know, move forwazd, that that was a better tooi for economic development than the. 14 Waters: Bostrom: Coleman: Waters: Coleman: Council- Member Benanav i:� �� Weli I think the investment that RK Midway is making of over $70Q000, which they wouldn't othenvise have made and haven't been able to make for what, 20 yeazs of vacancy, I think that's a pretty si�nificant benefit right there. Mr. Coleman. But thaYs not, that's just to the property where the hall itself would exist, right? Uh huh. I guess I just wouldn't define that as economic development. Wl�en I think of economic development I think of some spin-off activity as a result of that, and I'm just trying to figure out why it would have spin-off activity here but didn't have on University and Lexington. Mr. President, can I help? There is a difference between Lexington and University and the Midway. You know, the shopping center on Lexinp on and University. Excuse me Mr. Benanav, I think what we should probably do is allow the speakers to finish and then we can have our discussion, and if we have to call them back we could do that. Because they are on a time frame and I don't want to short them of their recitation time. IS Waters: Okay. I'll be brief, but I'll echo what Jay is about to point out, I tl�ink, and that is that the environment at Le�cington and University is very different and the opportunities for anyone who is coming to the bin�o to actually frequent other businesses in that area is much more limited. In fact, most of the Lexington Shopping Center is vacant at this time, although there is some transient business. There is a flea mazket that is in there occasionally. We have one of our boazd members is Whitaker Buick, which is about a half a block away. Another one Biena restaurant across University. Neither of them feel that there is any benefit to the bingo parlor being located there presently. In contrast, at the Midway Shopping Center, it is actually in the shopping center that is vibrant, that is virtually fully leased, that is attracting new businesses, where there is Walgreens, and buffets, and restaurants and so forth. So the opportunity is really there for the customers to go out and spend additional money in the community that they may not currently be doing. Does that answer your question? Coleman: Yes. Pm not sure. It's a little dubious, but I understand what you're saying. Bostrom: Okay, alright. Thank you Ms. Waters. Will you please sign in. Now we have just about 3 minutes left. Ka1e: We have three minutes left? Bostrom: Yes ma'am. Hi. 16 Kale: Council Chair, City Council members. My name is Bazbaza Kale I am CEO of Midway Trauring Services. I am one of the charities at the Midway Bingo Palace. MTS serves developmentally disabled adults. They are all mentally andlor physically challen�ed. One of our main goals is to provide employment for our clients. We work at a lot of different jobs. We provide a job coach so the quality and the timeliness is there. We clean, we make beds in nursing homes, we assemble the packa�es that you get in the hospitals, we are involved in manufacturing. The Andersen Windows have grids, we put in the spring loaded pins in them. We are involved with the St. Paul Energy Consortium. We make planter boxes from recycled woods. We work with St. Paul Schools. We clean up trash in the Midway area. We return shopping carts. Our clients have attended meetings and luncheons at the Chamber and aze very proud of being part of this community. I am here to request your support of the waiver, and some of the reasons are we have been in chazitable gambling about 12 yeazs. We need to supplement the per diem we get. It is not su�cient. About 9 years ago, with other charities, we began operating bingo at the Midway Bingo Palace on University and Lexington. There were many businesses in the shopping center. We had a beautiful hall. Over the years, bingo has been good for MTS and the other charities. For about the last three yeazs we were told that we were going to be moved to another location because the shopping center was going to be sold to Home Depot. Sometimes, we were going to be moved in three months, sometimes six months, sometimes not at all. Auring this time, the other businesses closed or moved and the bingo ha11 itself was deteriorating rapidly. Presently, the condition is deplorable. Profits for MTS and the other charities declined significantiy. In 1999, the MTS profits were 1!3 of what they were in 17 1998. We felt it was necessary to make a business decision to look at other options. We did meet with a couple of different owners able to negotiate better terms and people that would be willin� to keep a very well maintained business. Are there any questions? Bostrom: Okay. I think that probably does it. We're just about out of time. Okay. If you'd just please sign in right over there. You have 50 seconds. Penon: I will talk very fast. Thank you. Jerry Perron, Leonard Street & Deinazd on behalf of RK Midway. What I would like to do mainly is to submit some documents into the record for your decision. What I am submitting is a premises site plan so you can see what the set up of the bingo hall is going to be, a City zoning map showing that this is in a B-2 zone, which a bingo hall is an approved use in that zone, a pazking study showing there is adequate parking for this site, and a composite site plan which helps show that this particular site is in the very epicenter of a very large commercial development, and it won't have impact on the surrounding neighbors. And I would like to just very briefly respond to some comments from Mr. Riley's counsel. Bostrom: We'ze out of time. Perron: Okay. Bostrom: If you want to leave your information with the clerk we will take it. Please do that and please sign it. Okay. Alright. That concludes the time allotted for the fE9 public hearing. Is there a motion to close the public hearing? Mr. Reiter. Roll call. Secretary: Coleman, Lantry, Reiter, Benanav, Council President Bostrom, public hearing closed. 5 in favor, none opposed. Bostrom: Mr. Benanav. Benanav: Mr. President, I'm going to move to grant the waiver. There aze some legitimate issues here that have been raised, but I think after hearing it, I'm convinced that it does meet, the waiver does meet the test of the ordinance. That is, it would provide economic development, even though Council Member Coleman had some question about it, and I think legitimate question. But I think it will bring a nuxnber of, I think we heard the number 15,000 people, into Midway Center who would then, presumably, if they do well playing bingo, will spend some of the money as they leave. I think, too, what was said by Ms. Kale was that over the last few years they've seen their profits decline significantly as a result of the condition that they current occupy. And, I think, if their projections are correct, they will see an increase in their profits which presuxnabiy there's some spin-off economic development spin-off there as well. So I think it meets the test of economic development, and I'm not convinced that these four radical groups that have applied for this will bring any negative impact to the neighborhood. I don't play bingo myself, but if Council Member Reiter does and is a supporter of it... Reiter: I don't play bingo, I worked for a small fee. 19 . . Benanav: Reiter: Benanav: Bostrom: Benanav: Bostrom: Reiter: Bostrom: Oh, I see. Well, if Council member Reiter... No, I don't think I got paid. I think I was a volunteer. And I think a11 the needs were said. This is in an azea that is not particulazly close to any residential housing. You've got to cross 94 to get to the closest residents. It's not likely that that's going to happen. Trust me. If you go down Sneliing it takes a long time to cross 94 anyway under the current traffic conditions. So I think it's a good plan. The whole issue of the bingo hall being a bargaining chip for folks on Le�cington and University, I don't think is an issue that we even need to consider. That's just not our business. So I think based on what we heard, I am going to move to grant the waiver and the license at Midway Shopping Center. You're moving resolution 48. I'm moving resolution 48. Okay. Is there any fm�ther discussion? Yes Mr. Reiter. On the advice of the City Attorney, I won't be participating in this vote because I have an association with one of the charities. Further discussion Mr. Coleman? 20 Coleman: Bostrom: Secretazy: I will vote for your motion Mr. Benanav. I just think it's kind of, when we start talkiug about bingo pazlors as economic development in the City, I just, I have a hazd time buying it. I would hope that we've gotten to the point in this City where we can taik about real economic development not dragging 15,000 people in to gamble. And it has nothing to do with the charities or any of those. You know, I've been involved in organizations that have used bingo pazlors. I think that thaYs fine. But I just, I really have a hazd time buying economic development, but I'll take Ms. Waters assertions that this is going to be helpful for the Midway Shopping Center. Is there any further discussion? Roll call. Coleman, Lantry, Reiter, abstained, Benanav, Council President Bostrom. Four in favor, 1 abstention. Adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) VERIFICATION Debra M. Ratliff states that the foregoing transcript is a true and correct transcript of the videotape provided by the City of St. Paul of the City Council proceedings on September 27, 2000. ��' � �� .'�� -. � / ! Subscribed and swom to before me s � 's 13th day of November, 2000. -- �p� yy K,IENSTAD � �!' � i '" t��'>TARYPUB�I�-'r: � .�ESOTA — a asi� '.CnmmiSS:rnE. • 3t.2W5 � Notary Public =� � � •w�.nv:,::...•..�.n -�w�,'w�MiWV� 11262V51649V23477 21 STATE OF IvIINNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, CERTIFICATE OF FILING AND DELIVERY MINNESOTA COURT OF APPEALS APPELLATE COURT CASE NO. CX-00-1838 Respondent. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 TO: Clerk of Appellate Courts, 30� Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155-6102: The videotape of the proceedings held on September 27, 2000 in the above-entitled action was requested by counsel for the Relator, Oak Grove Properties, Inc., on October 26, 2000. By agreement of the parties, the transcript of the videotape was completed by Best & Flanagan LLP on November 13, 2000 and is 11 pages. Because the transcript was prepared by one of the parties, no financial arrangements relating to the transcript were necessary. The transcript was filed with the trial court administrator and was delivered to counsel of record for the City of St. Paul on November 15, 2000 by messenger. Date: �� ,S UO BEST & FLANAGAN LLP By: ��lf/, f � `�"� Frank J. Wa1z (#113050) ` Caryn S. Glover (#183040) Robert D. Maher(#220863) 4000 U.S. Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 11262�201438U29882 ATTORNEYS FOR RELATOR ��qe��o � �� MINiJTES OF TF� LEGISLATIVE HEARING MOUNDS PARK LIQUORS - 243 POINT DOUGLAS ROAD Monday, August 28, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Corinne Asuncion, License, Inspections, Environmental Protection (LIEP); Christine Rozek, LIEP The meeting was called to order at 4:01 p.m. Gerry Strathman stated this hearing is being held to hear objections to the license appfication for Mounds Pazk Liquoxs, 243 Point Douglas Road. Christine Rozek reported this application is for an off sale liquar license by F& D Enterprises, Inc., doing business as Mounds Pazk Liquors, 243 Point Douglas Road North. This application has been reviewed by the Fire Department, Zoning, Licensing, and Environmental Health. LIEP is still waiting for liquor liability insurance; however, they would not need to see it until the license is granted. There will be a final environmental inspecrion prior to the opening of this establishment if the license is granted. There is no pending adverse action against the license or licensee. LIEP is recommending approval. Nancy Larson, 271 Clazence Street, appeared. 92 of the 115 houses signed a petiUon to stop the liquor license at 243 Point Douglas Road. The ones that did not sign it gave the following reasons: there is alcohol in the neighborhood anyway, the owner could do what he wanted with his business, one person didn't caze, and one person said he could not sign it in all consciousness. Thirteen people could not be reached after numerous attempts to contact them. There are two reasons why Ms. Larson feels the license it not appropriate: location and people. (Ms. Larson gave Mr. Strathman the petition. She also gave him maps she would be referring to, and she eacplained in detail the location of the neighborhood on a map.) Mounds Park Liquors will be right across from a city park where there is a view of Downtown Saint Paul and the Mississippi River, stated Ms. Larson. There is a bicycle path neazby. When the pazk is completed, this already populated bike bath will have more people on the roadway than it presently does. This is why it is not an appropriate place for alcohol. Ms. Larson went on to say that Interstate 94 provides within one mile all the strip mall conveniences. This area is very residential, but it is not a commercial azea. It is not appropriate to add a liquor store which will increase the tr�a The businesses in the azea are a small grocery store, two nursing homes, a contracting business, an engineering businesses, a child care facility, the Kick Off Bar, and Mounds Park Quick Stop, which is the store we aze talking about today. . � �� MOLTNDS PARK LIQUORS, LEGISLATIVE HEARING MINUTES, 8-28-2000 Page 2 Also, stated Ms. Lazson, this azea is isolated and there aze only four ways for access: through the park on Mounds, through Eazl, through Johnson Pazkway, and through Burns. As for traffic, Point Douglas and Clazence come out of Burns Avenue. It is a confusing and congested intersection. On Friday nights when there is a special event at the Kick Off Baz, there is a lot of traffic in the azea that makes it difficult for people to travel. There aze a variety of children in the azea Sidewallcs aze not common. It is a dangerous situation for pedestrians. People coming &om the aparhnent building across Highway 61, would have to cross the highway, which is unsafe. People pazking across the road would be another problem for pedestrians. There are a lot of children from the apartment building unsupervised who aze on bikes or walking in groups who go to the store. If there is a liquor store here, Ms. Lazson feels there will be more traffic. Twenty-four school buses come into the neighborhood everyday. Over 100 students live in the apartments. Students will be walking from the bus stop in direction of the tr�c which will be multiplied if alcohol is auailable at Mounds Park. Ms. Larson is constantly picking up paper that is scattered in the area. With alcohol and addi6onal traffic, the litter will multipiy. Gerry Strathman asked why an off sale liquor establishment would create more traffic than another business. Ms. Larson responded there are already a lot of people coming from the apartments, and it would be easier for people to walk to the new liquor store than to drive somewhere else. A liquor store nearby closed in February. People who went to that location would be more apt to go to the new liquor store. Ronda Spreeman, 258 Point Douglas Road, appeazed and stated she operates a daycaze business in which she cazes for 12 children, and has been full to that capacity for five years. Her concerns haue to do with her children, the children in the neighborhood, and the children entrusted to her in the daycare. One activity she does with the daycare children is waiking. They walk in the streets a lot because some areas do not have sidewalks. If there is increased traffic, she will not wallc in that area because the children are 7 months old and up, and they tend to move away from her no matter how hard she tries to keep up with them. There is a big hill by her home. In the winter, children go down the hili, up, and into the street even though she builds up the hill at the end. Children ride their bikes in the area; with increased traffic there is a danger of them getting hit by a car. There is a high child pedestrian rate in the area. With the higher amount of traffic, Ms. Spreeman will not feel comfortable allowing her children to walk in the azea. Ms. Spreeman has concems about children seeing people buy liquor in her neighborhood. She has four children and is cazeful about what she exposes to them. She does not want her children to see broken liquor bottles and cans. She moved to Mounds Pazk because she felt it was a safe environment for her children. She wants her children to be responsible adults. Several day caze pazents have expressed concerns to Ms. Spreeman about a liquor store. Some of the children aze older and they can go down to the corner for snacks, but their parents do not want them going to the corner if a liquor store is there. If the liquor store does go in, she may lose some of her day care parents. She cannot support her family and pay her bills if she cannot get children into her home. �� MOiINDS PARK LIQUORS, LEGISLATIVE HEARING MINiJTES, 8-28-2000 Page 3 Michael Daul, 1325 Burns Avenue, appeazed and stated he lives nest door to Mounds Pazk Quick Stop. The neighborhood has a bar and a liquor store. The clientele and crime concern him. It is a proven fact that liquor stores do bring in clientele that aze trouble. Gerry Strathman asked is he concerned about people who are inebriated or misbehave in some way. Mr. Daul responded yes. Mr. Daul stated this business is by a park and there is aiready a bar nearby. Mr. Daul read a letter he wrote, in wluch he expressed the following concerns with this license: drug deals in front of the stare, cazs broken into, house burglary, public druukenness in his front yard, litter all over the block from the store, the store's history of robberies would only bring in more trouble, the Kick Off Baz and Restaurant cause problems, Mounds Park is across from the proposed liquor store, youths could go there and drink, MGM Liquor Warehouse is less than a mile from the store, liquor stares are not positive, and they should not be in residential neighborhoods. (Mr. Daul gave Gerry Strathman a copy of the letter. He also Mr. Strathman a legal description of 1325 Burns, and explained on a map where he lives.) Mr. Daul stated that after midnight, people use the telephone in front of the store. It is obvious what is going on. If they have a liquor license, asked Mr. Strathman, this will be different in some way. Mr. Daul responded the trouble is already there, but a liquor license will evoke more trouble. The store has security bars on the windows, which tell him the neighborhood is not safe. (Mr. Daul gave Mr. Strathman the following: four photographs of the store, a police query for 243 Point Douglas Road from 1-1-97 to 8-16-00 which shows 4� records, police reports from 1- 1-97 to 8-16-00 for the KickoffBaz and Restaurant, police reports from 1-1-97 to 8-16-00 for Johnson Brothers Liquor Store.) Mr. Daul stated Johnson Liquors is now closed. But the clientele that went there will probably come to Mounds Pazk Liquor Store. Mounds Park has had 47 incidents and 15 reports have been written. (Mr. Daul also went over the records for the Kick Off Bar and Johnson Brothers Liquor Store.) He stated liquor stores aze targets for robberies. Not many people live in the area. Robbers can come in on foot or by car because the area is isolated. (Mr. Daul read four robbery reports from 243 Point Douglas Road North.) Mr. Daul talked to people who lived by the former 3ohnson Liquor Store. There is a problem with litter in the area. The foot tr�c, dmvkenness, sleeping in yards has gone away since Johnsons closed. Also, homeless people live across the street in the woods from Mounds Pazk Liquor Store. c� o �� MOLTNDS PARK LIQUORS, LEGISLATTVE HEARING MINUTES, 8-28-2000 Page 4 (Mr. Daul gave Mr. Strathman the following: 1999 Part I Offenses vs. Property: Density by Crrid; 2000 Quality of Life Calls: Density by Crrid; 1999 Quality of Life Calls: Density by Crrid; St. Paui Theft from Auto: Hot Spot Analysis, January 1 to August 2, 2000; St. Paul Arson: Analysis by Incident; 1999 Part I Offenses vs. Persons: Density by Cmd; 2000 Aggravated Assault Analysis: Density by Grid; and a sheet of paper that reads "Fanuly is Priority One", a quote from Chief William K. Finney.) Mr. Daul stated he does not know what a liquor store has to do with fannily. Pat Kackman, 401 Johnson Parkway, appeared and stated cats were always speeding down the service road. There are drug deals in the parking lot. There aze junk vehicles, debris, trees around the perimeter. A person inebriated came over her wall and fell into the driveway. People who live next to the former Johnson Liquors had people urinating in their yazd. Liquor stores bring in crime. People throw litter; other people see trash and thivk there is not much care in the neighborhood. There were two bars on Hudson Street and crack houses started appearing in the neighborhood. People can go to MGM Liquors. The nursing home had trouble with some of their patients who were able to leaue the building and go to the liquor store. This would be a possibility at the Mounds Park Liquor Store as well. Ms. Kackman walks in the woods with her dogs. There are places that she will not walk because there are people drinking. Richelle Kuhl, 287 Clarence Street, appeazed and stated she has been a member of the community for 33 years, and her husband has been a member for 45 yeazs. The area was recently highlighted in the June issue of Minneapolis/St. Paul Magazine as one of the hidden gems of the community. The crime azea that Mr. Daul spoke of is concentrated azound the property location talked about today. The rest of the neighborhood is quite different. This area has a quiet, secluded, hidden pocket of homes. It is nestied between two major highways. It is easy to understand on neazly every block there are two or more homeowners who have lived there at least 35 years. There are many examples of homeownership remaining within a family for generation to generation. This has been a nurturing climate for young families. The trend has been to remodel or eapand the home instead of moving. Families are hard pressed to find comparable housing conditions in other parts of the city and surrounding suburbs for the same value. Ms. Kuhl stated urgent points stressed so far aze deserving of attention and consideration: safety of children, violent crune potential, increased tr�c for the entire neighborhood, and visitors to the pazk. The serving of liquor presents a11 these problems via 243 Point Douglas Road. These risks will double or triple from what they already ate. This business is located on a corner adjacent to parkland. When Johnson Brothers Liquor Store was located six blocks away, there were always problems in the pazk, woods, residential lawns, and alleyways. The problems were with vagrants, outsiders of various origin, and members of the community. Adding a liquor store will increase the regular nuisance loitering. Ms. Kuhl spoke to Sergeant Nash who said that transients, loiterers, and drug activity follows a liquor store from location to location. Ms. Kuhl feeis loiters and transients from the Johnson Brothers Liquor Store wili now belong to the neighborhood. ��-� � \ MO[II3DS PARK LIQUORS, LEGISLATIVE HEARING MIN[3TES, 8-28-2000 Page 5 (Ms. Kuhl gave Mr. Strathman some photographs of the neighborhood.) Ms. Kuhl went on to say there will atso be loitering on Bums Avenue. The area between the Kick Off Bar and Mounds Pazk Quick Stop is a long tight triangle piece of land that would be a perfect haven for loiterers to mingle. Patrons will be approached for spare change. Minors purchase alcohol; it happens everywhere. Mounds Pazk azea will be forced to monitor the neighborhood for safety and security against alcohol abuse. The needs of the community outweigh the needs of this type of business. A new liquor store opened called Seven Beazs Liquors, 1785 Seventh Street East. From 8-1-99 to 8-24-00, there were 22 police ca11s to that address. (Ms. Kuhl gave Mr. Strathman the following: an address search for 1785 Seventh Street East, two photos showing traffic congestion neaz the Kick Off Bar, and two photos showing blight at Morelli's on Payne.) Ms. Kuhl read several remarks from neighbors. She stated there aze tens of thousands of visitors to Indian Mounds Pazk. There is an azea in the park that has covert drinking and drug usage. Mounds Park Liquor Store would become a very accessible alcoholic beverage resource for these activities. It may contribute to another tragedy when an inebriant topples off the bluff. Bob Fitzgerald, 1367 Burns Avenue, appeared and stated he lives two houses down from the Kick Off and has lived there for 25 yeazs. He has two boys who have worked at the gas station. Mr. Fitzgerald patronizes the gas station, the baz, and the restaurant. He sees a lot of foot tr�c from the apartment across Highway 61. He has talked to the owner of Mounds Park Quick Stop and the owner of the Kick Off about the trash and debris. Sometimes the bar owner will send someone to clean up the debris. He aiso patronizes MGM Liquor Store, and they card everyone in the store. The gas station owner said he will ask peopie to throw litter in the trash cans, but Mr. Fitzgerald does not feel that will work. The giant containers of beer come from the MGM and not from the Kick Off. There are a lot of domestics on Burns Avenue, stated Mr. Fitzgerald. A lot of them are walking up to the gas station and having azguments outside his house. Sometimes it is after the store or bar is closed. Also, the auto traffic has picked up. There is heavy traffic on I-94 and drivers try to sneak the back route through Mounds Pazk and up through White Bear Avenue. The neighborhood is worried about alcohol related tr�c. MGM is less than a mile away. The pi773 place has applied for a liquor license. Any other business would be fine. There are traffic and parking problems when the Kick Off has special events. Mary Regan, 1365 Burns Avenue, appeared and stated she has lived in her house 25 years. People ring her doorbell hying to get into her home. There is a lot of trash on her property. She has people sitting on her retaining wall. She sees the drug deals across the road. Ms. Regan feels a grocery store should be opened instead of a liquor store. �� MOUNDS PARK LIQUORS, LEGISLATIVE HEARING MINUTES, $-28-2000 Page 6 Mary Brown, 263 Point Douglas Road North, appeazed and stated litter goes into her yazd from Mounds Pazk Quick Stop. Saint Paul should have an ordinance that says a business cannot have candy, grocery, gas, and liquor in the same business. She would not want her kids to come into contact with someone that has been drinkiug. She has been to bazs and liquor stores. Baz owners and bartenders are particulaz about serving to customers that aze obviously into}ucated. Liquor stores aze not quite so concerned. This is an opportunity for the City to take into account the feelings of the neighborhood. The neighborhood is not going to allow businesses with owners that do not live in the neighborhood and do not have an investment there. The city wants homeowners to take caze of their property. Dan Showalter, 1373 Burns Avenue, appeazed. The hearing officer asked a question eazlier about why the liquor store will bring more of this element to the neighborhood. Mr. Showalter stated he believes it is because 93 out of 115 said they did not want this establishment. That means over 90% will not patronize it; therefore, the business will come from outside the neighborhood. People do not need to come to this neighborhood to get that commodity. Tom McGuire, 259 Point Douglas Road North, appeazed and stated he lives six houses west of the store. This business will cause a negative economic impact on the value of their homes. Also, it will have a negafive cultural impact. There are many children in the neighborhood who play on Point Douglas. If the license is passed, that will increase the traffic: the evening rush to the liquor store before it closes. There are four liquor stores available within two miles. The Kick Off Baz is there. Litter is a problem. Alcohol was not being sold off sale when Mr. McGuire moved into the neighborhood. No one would buy a home next to a liquor store. This would be a magnet £or alcohol usage which would be seen by the children. The City has no moral justification for the passing of this license. Michelle Hawang, 266 Clarence Street, appeared and stated she lives three houses from the bar. She gets bar and store tr�c. She has two children who will be more subjected to seeing drunks in the neighborhood. She likes them to play outside and be safe. People of lower class will be in the neighborhood, and she is more afraid of her kids being outside alone. Now the kids are inside the fence. When Johnson Brothers was open, she would not go by it alone. She does not want to live across from a liquor store. Ms. Hawang is awaze of gang activity. She called this stunmer three times on drug deals going on in the store. Frank Janklow, owner, appeazed and stated he is a disabled Vietnam Veteran. His goal all his life has been to work for himself and not for other agencies and to be able to establish a decent living for his family. He purchased the Mounds Park Quick Stop. The previous owner was a mechanic and Mr. Janklow is not; therefore, he has 2/3 of an empty building which he has to do something with to generate income for his family. He noticed the concerns of the people here and he understands them. There were a lot of references to MGM. The portion of 243 Point Douglas Road for a liquor store is siighdy over 1,100 square feet. That is less than 25% of MGM and 10% the size of the former Johnson Liquor Store. Even though some people in the audience no longer frequent his place because of his application, Mr. Janklow would like this to �� \ MOUNDS PARK LIQUORS, LEGISLATIVE HEARING MINIJTES, 8-28-2000 Page 7 be a neighborhood liquor store. Many customers have expressed support for lus license, but they did not want to make a public statement. Thexe have been comments about problems with police at his location, stated Mr. Janklow. He has been there seven months and has only called the police on one occasion because of an unruly customer. It had nothing to do with liquor. The other times police have been there are when the alazm has malfunctioned on three occasions. There have been no robberies in his store since he has been there. He has four surveiilance cameras in his store and a monitor is by the cashier azea so that people can see themselves. He keeps a 30 day tape supply. The neighbors were talking about increased traffic in the area. Again, his liquor store is smaller than MGM and the former Johnson Brothers Liquor. Mr. Janklow does not see hoards of people traveiling down the street to come to his store. Regarding the chance of accidents with people crossing Highway 61 to come to the liquor store, stated Mr. Janklow, these are the same people that are coming to his store now to buy groceries. He has a lot of foot traffic from the aparhnents on Birmingham and Johnson Parkway. The traffic is already there so he does not understand where there would be a lazge increase in tra�c. The parking is congested from the baz across the street. His will be off sale so there will not be cars lined up to pazk at his business; people will park for five minutes. Most of the comments are implying there will be sales to minors or drunken people. Mr. Janklow has an honorable, respectable background. He has dealt in health caze most of his life. He wants to operate a small, successful business, and he cannot do that while dealing with the wino type of clientele. He will not sell hip flasks and cheap wines, but respectable wines tailored to the middle class audience. Mr. Janklow stated he was invited to a neighborhood watch to address their concerns. He is willing to meet with neighbors and discuss what he can do as a businessman to alieviate trash and other problems. Regarding the comment that he does not live in the neighborhood and does not respect it: his clientele is in the neighborhood, his livelihood is in the neighborhood, and he has invested $490,000 in this business. He does have a fmancial investment in that neighborhood. Gerry Strathman recommended referring this license application to an Administrarive Law Judge citing the foilowing reasons: the granting of the license would be contrary to the best interest of the City and the neighborhood as a whole, it will create dangerous traf�ic condifions, it will create problems with the park, and the establishment will create a public nuisance. The meeting was adjourned at 5:58 p.m. rrri �� MINNESOTA APPELLATE COURTS 305 MINNESOTA NDICIAL CENTER Zs corrsTT�orr av� ST. PAtJL, MN 55155 (65l) 297-1904 -----��t�_G ro:�e_ _P�'��kies �I . R�CEIVEi3 � � � 2001 CiTY C�ERK � Appellate Court File No. � °li�" �� File Location ---�� -- °� _--�==-��' ='-=`------ Keceived from the Appellate Courts of the State of Minnesota, the following original files and eachibits in the above entitle matter: l� 1� D�Y �jf �9�,1�� County/Agency District Court file(s) And e�ibits. NOTE: When original and copy of uanscript are forwarded by the Clerk of the Trial Court, the original goes to the Supreme Court Law Library at the conclusion of the case. PLEASE SIGN AND RE'I'�JRN COPY OF RECEIPT Dated: COURT ADMINISTRATOR By: DEPUTY/ASSIST. STATE OF MINNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, �o-��j CERTIFICATE OF FILING AND DELIVERY MINNESOTA COURT OF APPEALS APPELLATE COURT CASE NO. CX-00-1838 Respondent. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 TO: Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155-6102: The videotape of the proceedings held on 5eptember 27, 2000 in the above-entitled action was requested by counsel for the Relator, Oak Grove Properties, Inc., on October 26, 2000. By agreement of the parties, the transcript of the videotape was completed by Best & Flanagan LLP on November 13, 2004 and is 11 pages. Because the transcript was prepazed by one of the parties, no financial arrangements relating to the transcxipt were necessary. The transcript was filed with the trial court administrator and was delivered to counsel of record for the City of St. Paul on November 15, 2000 by messenger. /�� Date: y l S��J BEST & FLANAGAN LLP COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #14 11262�201438\1298$2 By. � � Gf/, �� c Frank J. Walz (#113050) Caryn S. Glover (#183040) Robert D. Maher(#220863) 4000 U.S. Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR RELATOR � ' CITIZEN SERVICE OFFICE F.�oW�s�, �;h.�,e� �D _S�l CITY OF SAINT PAUL Norm Co7eman, Mayor November 22, 2000 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 25 Constitution Avenue Saint Paul, MN 55155 Re: Oak Grove Properties, inc. Appellate Court File: CX-00-1838 Dear Mr. Grittner: Tet: 657-266-8989 Fax: 657-266-8689 HAND DELIVERED Enclosed herewith please find an index and originals of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorneys for Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, �..��,� fl. �� Frederick K. Owusu City Clerk 770 Ciry Ha[t IS W. KelloggBouTevard SaintPaul,�nnesom 55702 �� /� cc: Virginia Palmer, Assistant City Attorney (index only) Robert D. Maher, Attorney at Law (index only) COURT OF APPEALS NUMBER:CX-00-1838 INDSX OF CODNCIL FILSS (C.F.) 00-868 AND 00-891 DOC. NIIMBSR DATB D$SCRIPTION NIIMB$R OF PAGES 2 i 2 9-27-00 Resolution 00-868 and Green Sheet approving the license application. This resolution was withdrawn on Sept. 27, 2000. 9-18-00 Minutes of the Legislative Hearing regarding Midway Center Bingo 3. 9-27-00 Resolution 00-891 and Green Sheet Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall license. 4. 9-18-00 5. 9-18-00 6. 7. 8. 9. 10 11 12 13 14 Interdepartmental Memorandum to City Council from Robert Kessler regarding new bingo hall at Midway Shopping Center. Minutes of the Legislative Hearing regarding Midway Center Bingo. 3-27-00 Memo from The Associated Architects re: Midway Center. nja Copy•of Section 60.531 of the Saint Paul Legislative Code. 9-27-00 map n/a map with B-3 and B-2 areas highlighted n/a Composite site plan of Midway Center and Midway Marketplace. 9-27-00 Videotape of 9-27-00 City Council meeting 9-27-00 Summary minutes of 9-27-00 City Council meeting. 9-27-00 Transcript of 9-27-00 City Council meeting, item #48. 11-5-00 Certificate of filing and delivery. 0 `a 1 B! 2 2 1 1 1 1 tape 29 21 1 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Frederick K. Owusu, Ciry Clerk, being first duly sworn, deposes and says that on November 22, 2000 he served the attached: Index to the Saint Paul City Council File Nos. 00-868 and 00-891 upon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minuesota. Clayton Robinson Saint Paul City Attorney Virginia D. Palmer Assistant Saint Paul City Attorney Atty. Reg. No. 128995 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Robert D. Maher Best & Flanagan LL.P 4000 US Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Attorney for Petitioner ` �T��i c%G /�' � ' C /.��r--- Subscribed and sworn to before me this r�o2 " day of �ove,rnbe,r , 20 � 6 �� Notary Public � SfiP,Ri da. AAOORE t�7ARY PtlBi1C - RRlldt$Si37R ktY CAMhfiIS3361d `'��q' €XF'lR�33AtS.34,ZOD' Council File # �(� � g� ��- Green Sheet # D� �� RESOLUTION CITY OF PAUL, MINNESOTA �� Presented By Referred To Committee: Date i WHEREAS, RK Midway, LLC, d/b/a Midway Center Bingo, has applied for a bingo hall 2 license at 1508 W. University Avenue; and 4 WHEREAS, a bingo hall license is currently issued to the premises at 451 N. Lexington 5 Parkway, which location is within a two-mile radius of 1508 W. University Avenue; and 6 7 WHEREAS, Saint Paul Legislative Code §403.05 requires a minimum distance of two 8 miles beriveen buildings licensed for bingo halls, but §403.05(b) permits the distance 9 requirement to be waived upon a finding by the Council that the location of the proposed site 10 11 12 13 14 15 16 17 18 19 20 21 22 would provide economic development benefits without significant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow mare than one a bingo hall within two miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee owner of an existing licensed bingo hall within the two mile radius; and WHEREAS, the Council has determined, based upon the application, written submission by applicant and such testimony as may haue been heard at the public hearing on this matter, that the waiver requirements have been met and that a waiver should be granted; now therefore, be it RESOLVED, that the applicant RK Midway, LLC, d/bfa Midway Center Bingo is hereby granted a waiver of the distance requirements contained in Saint Paul Legislative Code §403.05 and the application for a bingo hall license for the premises at 1508 W. LTniversity Avenue is hereby granted. Reguested by Department of: 1� ,i�, ,./ , �t � Form Approved by City Attame By: � Approved by Mayor for Submission to Council By: app� By: By: COURT OF APPEALS NUMBER CX-00-1838 DOCLJMENT #3 Adopted by Council: Date �� ,2� t��c.. Adoption Certified by Council Secretaxy OFFICE OF LIEP Date: Christine lzozek Au�st i6, a000 GREEN SHEET4� 266-9108 No . 103742 1 SPARRfffiTP DIRECPOR ITY COUNCZL , ITY ATNRNSY ITY Q.HRK xraaiu ust be on n-�un AaPnda bv• '°°° ��' axxsccox IN. & MC>T. SVG DIR. !�� l� i S RI � 3 YOR (OR ASSZSlANl) OTAL # OF SIGNATIIRE PAGF3S 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution to waive the two-mile distance requirement for RK Midway, LLC /b/a Midway Bingo Center (1508 W_ University Avenue) and granting the application for a bingo hall license. ECOtM1ENDATIONS: APPROVE (A) OR REJECT (R) BRSONl.L SHRVICB CONTRACIS M[fST ANSWSR T88 POLIASPING: PLANNING COM1IDfiSSiON CIVZL S&RVIC6 COMMZSSION 1. Has the person/firm ever ororked under a contract for this department? CIB COMMITTEE BUSIN6S5 RHVIEW COUNCIL YfiS NO STAFF _ Has thie pezaon/firm ever been a City employee? DISTRTCT COURT YES NO Ooes this person/fixm possese a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBSECTIVE? Current City emplOyee? YES, NO lgya all YBS anawers oa a aeparate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): idway Bingo Center wishes to occupy 1508 W. University Avenue and operate as a ingo hall. The Saint Paul Legislative Code requires a waiver by the City Council to allow more than one bingo hall within a two-mile radius. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � v �,. COURT OF APPEALS NLJMBER CX-00-1838 — --� � � i . _ .� ��, 00 �'lI CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM September 18, 2000 To: Council President Daniel Bostrom City Councilmembers Fr: Robert Kessler, LIEP Director � Re: New Bingo Hall At Midway Shopping Center License Staff recommends the approval of the application for a new bingo hall at the Midway Shopping Center, because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00-314. In consultation with David Gontarek, of the Department of Planning and Economic Development, LIEP finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or commercial busanesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and underutilized area. The physical location is sepazated from residential uses by Interstate 94 to the south, the MTCO Bus Garage to the west, Cub Foods to the east, and the Midway Center itself to the north. LIEP also believes that the concept of obtaining the consent oFneighboring bingo halls to allow a new hall to locate within a two mile radius of an existing hall does not make sense. Not only are there problems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing arrangements. We urge your approval of the application and the proposed legislation that allows for the waiver. Please let me know if you have any questions regarding this proposal. cc: Mayor Norm Coleman Deputy Mayor Susan Kimberly Christine Rozek Paula Maccabee, David Gontazek COURT OF APPEALS NCTMBER CX-00-1838 DOCUMENT #4 �d- ��t/ MINUTES OF THE LEGISLATIVE HEARING MIDWAY CENTER BINGO - 1508 iJNIVEKSITY AVENIJE WEST Monday, September 18, 2000 Room 330 Courthouse Gerry Strathman, Legislative Heating Officer Staff Present: Dave Nelmark, License, Inspection, Environmental Protecrion (LIEP); Christine Rozek, LIEP; Lany Zangs, LIEP The meeting was called to order at 10:02 a.m. Gerry Strathman stated tlus meeting is being held to hear objections to a license by RK Midway LLC. Christine Rozek, Deputy Director of LIEP, reported this is an application for RK Midway LLC, doing business as Midway Bingo Center at 1508 University Avenue West in the Midway Shopping Center. Licensing has approved the application. Fire inspection will approve this upon fmal inspection. Zoning has questions about parking information. Lany Zangs reported the parking looks fine, but he needs some eaplanation on some of the numbers. He will defer his decision on the parking until he hears from the applicant. Ms. Rozek stated this bingo hall is within two miles of an existing bingo hall. There wili need to be a resolution to waive the two mile distance requirement. Also present is Da�e Nelxnark who deals with gambling licenses in case there are questions about the gambling aspect of the bingo hall. Don Ludemann, President of Snelling Hamline Community Council, 1573 Selby Avenue #311, appeared and stated neighbors have expressed some concerns. His understanding is the hearing today only addresses the application by RK Midway to operate a bingo ha11. He asked would there be another hearing regarding the other four tenants because the letter he sent in objection addressed the gambling licenses as well. Gerry Strathman stated the fact that Mr. Ludemann was objecting to the gambling licenses got missed. He asked could the gambling license applications be dealt with this morning. Ms. Rozek responded present are representatives from all the organizations that intend to conduct charitable gambling. Mr. Stratiunan stated he will deal with the bingo hall application and the gambling applications at this meeting. The only peopie to come to these public hearings aze interested parties and the interested parties aze here. Mr. Ludemann stated it is a business friendly neighborhood. The community council was notified in August when many residents were on vacation. Paula Maccabee offered to come to their boazd meeting to help explain things, but,the arganization was unable to accommodate her. The waiver requirement reads that a waiver wiil be granted when it will provide economic development benefits without significant negative impact on residential or commercial uses. Mr. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #5 oo-8qr MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 2 Ludemann asked will that be a City Council issue. Mr. Stratlimau responded he would not hold a legisiative hearing on the waiver issue; that would go direcfly to the City Council. Mr. Ludemann stated University United is a group of district councils all along UniversiTy Avenue. The Midway Chamber of Commerce is aiso a member. They wexe involved in the development of two guidelines. One of those guidelines encoutages vacant buildings to be rebuiit and vacant lots to be redeveloped as quickly as possible so there is not an appeazance of neglect on the avenue; therefore, he is happy that RK Midway is going to fill some of the space. One concern is the pazking in the south lot and that the bingo ha11 would get in the way of redevelopment of that lot. Mr. Ludemann requested an annual renewal so that future development of that lot would not be delayed. He asked does this license have a term. Ms. Rozek responded it is renewable in two years. Mr. Ludemann wants to minimize massive asphalt in the parking lots. The design outlines suggest trees should be planted in parking lots: one tree per every 25 pazking spots. He would like RK Midway to consider landscaping to make it more aesthetically pleasing. Mr. Ludemann is also concerned about people preying on the bingo players. He would like to know the plans for security, cameras, lighting. Also, he is concerned about signage. He hopes it does not add to the clutter of the signage on the avenue. The following appeared: Paula Maccabee, consultant to RK Midway, and Joe Finley, attorney and applicant. Ms. Maccabee stated the design guidelines encourage vacant buildings to be filled to avoid the appearance of neglect. The ardinance looks at the potential of waiver when it provides economic benefit. The bingo hall is filling 2,000 square feet of space that was vacant for 15 yeazs. The current estimate of improvement to bring this property up to code is about $700,000. According to the University design guidelines referred to by Mr. Ludemann, this part of University is suppose to be a regional shopping center. This bingo ha11 will bring in about 15,000 customers a month, many of whom are middle class working people and many are women who will make a whole day of shopping or eating out. Ms. Maccabee stated this bingo ha11 is unlikely to have an impact on neighborhoods. It is more than 750 feet away from the nearest residence; therefore, some of the concerns that may apply in other neighborhoods about traffic, do not apply here. Also, it is tucked at the back of the center; the concern about visibility and perception will not take place here. Potential redevelopment is a concern of the developer also, stated Ms. Maccabee. RK Midway has made significant investments in lighting and in trees. The reason there is not a plan submitted for landscaping is because it might interfere with potential redevelopment. (Joe Finley gave Gerry Stratiunati the foilowing: drawing of signage, zoning map area, a composite site plan, parking calculations, a copy of the deed to prove they own the center, certificate showing ownership, and the plat filed.) COURT OF Appg,�,S NUMBER CX-00-1838 ��-�� MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 3 Joe Finley explained the location of the bingo hall in conjunction with other businesses in the area. The bingo hall is not near any residential development. RK Midway had proposed several things for the back lot, but there was a pollufion issue there. Now the pollution has been handled, and the back lot can be developed. They have run several pazldug scenarios with a bingo hall, hotel, and restaurant being built. They have also run the pazking figures and have come up with 1,408. The e�sting lot has 1,396. Their goal is to redevelop the five acre piece of land. Mr. Strathman stated the signage looks consistent with other signs on the building. Tom Bina, contractor, responded it will be sunilaz to other signage on the Midway Shopping Center. Michael Michlitsch, 3870 Ef&ess Road, White Bear Lake, appeazed and stated he is currently representing the charities moving into the proposed site. The four charities have been involved for at least nine years, specifically in bingo and pull tabs: 1) Midway Training Services offers services to people with developmental disabilities, 2) Midway Transportation provides transportation to people with disabilities, 3) Church of the Holy Childhood, and 4) St. Mary's Greek Orthodox Church. They currently all hold a Class A license at Midway Bingo Palace on Lexington and University. All four organizations depend on the funds from charitable gambling. Mr. Michlitsch assumes the security at 1508 University witl be similaz to the Lexington and University site in that it will have a uniform security person during the evening sessions to assist any customers that would like to be walked to a vehicle. They haue had few problems in the last nine years. The bingo hall will also use a private security service and off duty Saint Paul Police Officers. Midway Shopping Center also has security in a vehicle available in the evenings. Mr. Ludemann stated this will be an entirely different environment. There will be more tr�c and more crime. Mr. Finiey responded he believes that most of the people in the Midway Shopping Center are good people and shoppers. Crimes of opportunity will decrease because there will be more witnesses. The bingo operaYion will be located in the center. This is a true economic benefit to Midway Shopping Center and the whole community. People who are transportation disadvantaged can now make a trip to the bingo hall and go shopping. Mr. Finley has represented the owner of the shopping center for years; .if there is a problem, the owner will address it. Mr. Finley hopes Mr. Strathman will not lose sight of the fact that this is a permitted use. This space is an eyesore right now and cannot be rented. It will be a tted, a new exterior added, and new bathrooms. Ms. Rozek asked about an on site manager of the facility. Mr. Michlitsch responded it has not been decided who will be the manager, but there will be one. Ms. Rozek asked about hours of operation. Mr. Michlitsch responded they propose to be open seven days a week. Doors would open at noon, bingo would start at 1:00, and be over with at 4:00. Doors would reopen again at about 6:00 p.m. and bingo would start at '1:00 and again at 9:00. People will be out of the hall by 11:00 p.m. They have talked about having a late night COURT OF APPEALS NUMBEK CX-00-1838 o�- ��/ MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 4 session at 11:00 p.m. and people would be out by 1:00 a.m. However, they are limited to 21 sessions that they can be open in a week. Ms. Rozek asked about lighting. Mr. Michlitsch responded there will be a new entrance with sufficient lighting. Midway Bingo wili use 130 to 135 pazking spaces on their busiest night. He would assume all those people will pazk ciose to the building. At least 1/4 of the space is within a short walking distance of the front door. Mr. Bina stated the landlord has provided adequate lighting in the facility. There is pazking lot lighting in the back right now, which should be adequate. The landlord is concerned about safety also and said he would take any lighting and quadruple it. Dave Nelmazk reported tt�ere aze no outstanding obligations against the four charities. They aze good citizens in the community. Ellen Watters, President of Midway Chamber of Commerce, appeared to speak in support of the license application. The neighborhood's concerns have been articulated and addressed. This business will add to the potential of redevelopment. This location provides a good oppoituuity for the continued health of the bingo hall users and the potential for redevelopment of the site. The increased activity that the customers will bring is a positive in terms of increased purchasing and activity. As for crime prevention, the more people azound, the more positive environment is created. Lighting and securily are important. A beat cop is working from 10:00 am. to 7 p.m. If crime becomes a huge problem, the Chamber of Commerce will be in line with the neighbors saying this needs to be fixed. Ms. Watters stated Midway Training Services is an important partner in the continued health of the Midway. They help the Chamber of Commerce pick up shopping carts in the area and trash. Mr. Strathman asked is the pazking adequate. Mr. Zangs responded it is. Gerry Strathman recommended approval of this license application. He understands all the issues raised. It seems the applicant has satisfactorily addressed the issues. The signage seems appropriate. The security plans seem reasonable. He understands the reticence about doing landscaping in the parking lot because of potential development. Location makes parking less of a visual problem than in a more residential neighborhood. There is no reason to limit the license beyond the customary term of hvo years. There will be another resolution for a variance from the required two miles between bingo locations, but that will be a public hearing before the City Council. The meeting was adjoumed at 10:54 a.m. (Note: Lany Zangs retained some of the items given to Gerry Strathman at this meeting.) � COURT OF APPEALS NlJMBER CX-00-1838 � - ,� g9:58 RSSOCIRTED ARCHITECTS . Memo ta Fte Re: M"�clway Center Jim Cox Date "� Project No. 2410.90 Ca-�9� COURT OF APPE�S NUMBER CX-00-1838 DOCUMENT #6 A reviaw of the current certter tenants space and proposed tenants is as follows: SCHEME `C' Retail Common HaiUCira Office Fast Food Restaurent Sowfing Bingo 90 Guest Inn Restaurant (out lot #4} Area 242.244 / 280 3200/5604 2427 ! 350 3410 / 110 11612/125 32 4anes x 4 Parking 865 1 7 31 ��s�"e^q J 93 128 �\\ ♦�` i i 10,000 l75 133 � 90 ��`-��. 600011D0 84 Total Required Existing Stalis �::�� i�l }J��Ca� - �. �o o. �u�,o��.. � � b�� t L� z:E.. w�.�W1. '�`� TiN Aaeetabd Ar�. b+�. A Cmc/Buelow CompanY 247 SOUQ� CIBVe�tW Avem�e Fia(nc pau1. MLnneaWe 55705�1299 T9lephorw 851l898•0808 Fac�mpe 85t/898�Oa5� ��a�.� (k � ncz w � �, �� ,�, � C.�'�-v c.e w-�-I( � r�, "ba�iti�v�t� MpR 29 2000 09�52 651 698 0459 fi51 698 6459 P.06i07 � The . Ar�h�eets PF�iE. 06 69�58 RSSOCIATED FlRCHITECTS � � � . i�v-' �� f � � � / , � i % - �Jiiiiiiii� ' i � � 1 _ 651 698 0459 P.07i07 �r� � �� I a) � 1 SI7E PLAN ALTERNATE 1. r=so' °�( ^� I , �IT � � A �� t � `� � �I�; � �€ �� " i l� �I' �� MRR 29 2000 09�52 COURT OF APPEALS NUMBER CX-00-1838 � i �� E6fu�� N�� i 651 69B 0459 TO7AL P.07 PRGE. 0'I �� ZONIl�IG CODE rectly with customers. Ali goods produced on the premises shall be sold at retal on the premises wfiere produced. (2} F,xcept for off-street parldng or loading, all business, storage, servicing or process- ing shall be conducted within completely enclosed buildings. (Code 1956, § 60.483; C.F. No. 92-1479, § 4, 12-15-92) Sec. 60.524. Principal uses permitted sub- ject to special conditions. The following additional uses shall be permit- ted, subject to the conditions hezeinafter imposed for each use and subject W the standazds specified for all special condition uses as set forth in section 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) Publicly owned buildings; public utility buildings;telephone exchange buildings; electric transformer stations and substa- tions; gas regulator stations with service yazds, but without storage yards; water and sewage pumping stations. (2) Hailroad right-of-way, but not including terminal freight facilities, transFer and storage tracks. (3) Hospices serving sixteen Q6) or fewer facility residents. (4) Shelters for battered persons ot transi- tional housing serving sixteen (16? or fewer facility residents, provided they aze not located in a planning district in which one ( ll percent or more of the population lives in licensed human service community res- idential facilities, licensed correctional mm- munity residential facilities, health de- partment-licensed community residential facilities, transitional housing, shelters for battered persons, emergeney housing or overnight shelters. (5) Cellular telephone antennas Iceated on a freestanding pole, as regulated in the OS-1 district, section 60.514(6)a. through g. Supp. No. 41 �.��`� � ' 4 60.532 (6) Accessory buildings, struct�res and uses customarily incident W the above permiL. ted uses. (Code 1956, § 60.484; Ord. No.16956, 3-9-82; prd. No. I7039, 7-7-83; Ord. No. 17845, § 23, 6-2T-91; Ord. No. 17894, § 2, 12-3-91; C.F PIo. 93-1718, §¢ 36, 37, 12-1493; C.F. No. 93-1815, § 7, 12-2�93; C.F. No. 97-565, § 9, 611-97; C.F. No. 99-750, § 3, 9-1-99) Sec. 60.525. Area, bulk and setback require- ments. See Chapter 61, Schedule of Regulations, lim- iting the height and bulk of buiidings, the mini mum size of lot by permitted land use, and providiag minimum yard setback requirements. (Code 1956, § 6Q.485) Subdfoision 3. 60.530. B-2 Community Business District Sec. 60. ��Intent. The B-2 Community Business District is in- tended to serve the needs of a consumer popula- tion larger than that served by the "Local Busi- ness District," and is generally chazacterized by a cluster of establishments generating large vol- umes of vehicular and pedestrian traf�ic. (Code 1956, § 60.491) Sec. 60.532. Principal uses permitted. In a B-2 Community Business District the use of land, the location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses unless otherwise pro- vided in this code: (1) All principal uses as permitted and as regulated in a B-1 District. (2) All retail business, service establish- ments or processing uses as follows: 551 a. Any retail business whose principal activity is the sale of inerchandise in an enclosed building. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #7 ¢ 60.532 LEGLSLA'TIVE CODE �i0 -c�`1 t b. Any service establishment of a vet- erinary elinic, an office, showroom or workshop nature of a contractor (in- cluding, but aot limited to, plumb- ing, heating, air conditioning, eleo- trical, mechanical), decorator, dressmaker, tailor, bakei; painter, up- holsterer, or an establishment doing radio or home appliance repair, pho- tocopying, and similaz service estab- lishments. c. Private clubs, fratemal organiza- tions, liquor licensed establishments and lodge halls. d. Restaurants and fast-food restau- rants when incorporated within a multi-use retail center and which do not provide drivrthrough window 'ce. �� e. Thea e ly halls, auction �r�r-' halls .bin o halts, concert halls, re- 1� S _ / ception similar places of , k J assembly when conducted com letei lf � within enclosed ui dings. f. Business schools, nonacademic col- leges or trade schools operated for profit. g. Colleges, universities, and seminaz- ies, and other such institutions of higher leaming, public and private, offering courses in general, techni- cal, or religious education and not operated for profit; pmvided, that 1. Dormitories or other group stu- dent housing shall not be per mitted within the district; 2. When an institution is estab- lished in the district, the insti- tution shall be required to pro- vide the minimum number of off-street pazldng spaces for em- ployees, staff, or students as set forth in section 62.303(g). The institution shall be re- quired to provide additional pazking spaces only when the minimum number of parking spaces will have W be increased due to a more than ten (10) percent or three huadred (300) gain in the total number of em- ployees, staff or students, which- - ever is less. Thereafter, addi- tional pazlring spaces w�71 have to be provided for each subse- quent gain of more than ten (10) percent or three hundred (300) in the total numbes of employees, staff'or students; and 3. To determine compliance with pazldng requirements in item 2. above, the institution must file an annual report with the planning administrator stating the number of employees, staff and students associated with the institutian. h. Mail order houses. i. Health/sport clubs, conversation/rap parlors, massage pazlors and steam room/bathhouse facilities which aze not adult uses. j. Food catering establishments. k. .. Public, pazochial and other private elementary, junior high or high schools offering courses in general education, and not operated for profit. Brew on premises stores as regu- lated by Minnesota State laws. Coffee kiosks. n. Fully enclosed auto sales when in- corporated within a multi-use retail center. (3) Recycling drop-off station; provided, that the facility: a. Shall not occupy an area more than two hundred (200) square feet and shall not interfere with parking and maneuvering requirements of the principal use; b. Shall be screened pursuant to sec- tion 62.107 if it abuts a residential use or district; Supp. No. 41 552 COURT OF APPEALS NCTMBER CX-00-1838 . .+/ � � � � 2 � � U � -P�-se�� t ---_L"_ �'-'� � /a�/a� � �� -�� c C° � E � � � t �x . f�� L O G+� � �` � i �� v � COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #8 - � �--_� _____: =� -_--:_;r ,� . -i.;.__ % ,. .: � ' , ,_ � t � � t`y �� f` *-'� •; •- � :. i ; �� j `; '� . ' B � � 't -- ; . . . I ' � �t M . • � ! ` � � ___�: 1 _:._ , ., t , :f � i _ ... , � ,� • '_ � � '� I � � % � � i� �- . � I : -,��, , I ; ,. �� ,� , ��' � _J � ��_. ' I,. T0 � , ,■ _�; .� -_: - -� : 6 .� _ • � c = r . .� �• �� • � , r �� u � � : :� Eii L ' � � �� _� :� . r ri � r �� i �u � ��- �� ! • � :�� _� :� ^ ..�;f �: r� �■ � �) �• � �i �..� � �=iE w�l �_ .. �1��► =" d -� - !� �� . � -----------;� i, �, '� ' 'f a � � � ...:�: ; i � ...... 3X; i i ; � _I � l � COURT OF APPEALS NUMBER CX-00-1838 DOCiIMENT #9 Od�` C� � W S� C� � �� p � y � �� pITY O� m !�� 9� � x O - H � iIEF��fl11I[ ro � 11€I � @I II C h � 185'� � SUMMARY MINUTES DG ` � `/ OF THE SAINT PAUL CITY COUNCIL Wednesday, September 27, 2000 3:30 - 5:00 p.m. PUSLIC HEARfNGS - 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Ke{togg Boulevard The meeting was called to order at 335 p.m. by Council President Bostrom. Present - 5- Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2- Blakey, Harris (both excused) CONSENT AGENDA (Items 1- 31) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSIONIS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson requested the minntes of September 13 be laid over one week. Councilmember Reiter requested Item 10 be withdrawn. Councilmember Benanav requested Item 11 be withdrawn. Councilmember Lantry requested Item 19 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas - 5 Nays - 0 FOR ACTION Approval of minutes of September 6, and September 13, 2000. Adopted minutes of September 6 Laid over minutes of September 13 to October 4 Yeas - 5 Nays - 0 2. Claims of Susan Carter, Happy Hearts Day Care, HealthEast Transportation, Sue Hurley, Bruce Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for 7ames Long), Glenn and Andrea Smith and Charlene Steffes. Referred to the Employee/Risk Management Division Suvunons and Complaint in the matter of Building Restoration Corporation vs. the City of Saint Paul, et al. Referred to the City Attorney's Office � COURT OF APPEALS NUMBER CX-00-1838 DOCLJMENT #12 �o- 8� 9t September 27, 2000, City Council Summary Minutes Page 2 4. Letters from the Citizen Service Office/Properry Code Enforcement declaring 684 Cook Avenue East and 429 Lafond Avenue as nuisance properties and setting date of Legislarive Hearing for October 3 10 2000, and City Council Hearing for October 25, 2000. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1076 Jackson Street, 637 Rice Street, and 815 Robert Street South as nuisance properties. (For norificarion purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letter from the Reai Estate Division announcing a public hearing before the City Council on October 25, 2000, to consider the petirion of Uppertown Preservation League to vacate a City right-of-way at 365 Michigan Street in order to repair a historical building. (File #3-200Q) Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 4, 2000, to consider a preliminary and fmal plat (Sibley Pazk Aparnnents) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and Sibley S�eet. 8. Administrarive Orders: D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee Salary account in the Department of Public Works. D001921 Amending the budget of the Community Development Block Grant Fund by moving balances of completed Pazks projects to the Contingency Funds. D001922 Revising the spending and fmancing plans of various capital projects in the Department of Public Works. D001923 Transferring $2,250 fram the 2000 Citywide Capital Maintenance projects to the 2000 Police Capital Maintenance Projects. Noted as on file in the City Clerk's Office 9. Resolution - 00-867 - Approving the Memorandum of Agreement between the City of Saint Paut and the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe adjustment. (To be laid over one week for adoption) Laid over to October 4 for adoprion 10. Resolurion - 00-848 - Concerning adverse action against all licenses held by Paradise & Lunches, Inc., dba Dakota Baz & Grill, 1021 Bandana Boulevazd East. (Uncontested) (Laid over from September 20) Withdrawn Yeas - 5 Nays - 0 ��g�� September 27, 2000, City Council Summary Minutes Page 3 1 l. Resolution - 00-868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba Midway Center Bingo, 1508 University Avenue West. (Legislarive Hearing Officer recommends approval) Withdrawn Yeas - 5 Nays - 0 12. Resolution - 00.8b9 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Biliboard Issue, 1430 York Avenue, 1429 Grand Avenue, 26 Dale Avenue South, 682, 888, 131 l, 1325, 1329, 1335, 1940, 1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Le�cington Pazkway South, 608, 612 and 616 Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop Lane, and 1775 Grand Avenue - #306. Adopted Yeas - 5 Nays - 0 13. Resolution - 00-870 - Approving a lease agreement between the City of Saint Paul, the Board of Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operation of a wireless communication system at the Highwood Standpipe site in Maplewood. Adopted Yeas - 5 Nays - 0 14. Resolution - 00-871 - Authorizing application for the Livable Communities Demonstration Program. Adopted Yeas - 5 Nays - 0 15. Resolution - 00-872 - Approving the Cultural STAR recommenda6on for improved downtown signage for directing the public to and from the Rice Park azea. Adopted Yeas - 5 Nays - 0 16. Resolution - 00-873 - Directing the Division of Pazks and Recreation to explore the possibility of developing outdoor athletic fields at Saint Paul Regional Water Services' Sandy Lake site. Adopted Yeas - 5 Nays - 0 17. Resolution - 00-874 - Approving the addition of Linwood Park Booster Club and I3eighbarhood House to the 2000 Charitable Gambiing 10% Club. Adopted Yeas - 5 Nays - 0 18. Resolution - 00-875 - Establishing the 2001 Residenrial Sueet Vitality Program assessment rates. Adopted Yeas - 5 Nays - 0 19. (Discussed after the consent agenda) ��gy/ September 27, 2000, City Council Summary Minutes Page 4 20. Resolution - 00.877 - Amending the spending and financing plans for the Census Tract 9 & 10 project. Adopted Yeas - 5 Nays - 0 21. Resolution - 00-878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation Prograzn & 1998 Ma,}or Sewer Repair Projects. Adopted Yeas - 5 Nays - 0 22. Resolution - 00-879 - Authorizing and directing the Office of Financial Services, Treasury Section, to initiate all necessary action leading to the possible issuance of City General Obligation River&ont Taz� Increment Refunding Bonds in the approximate amount of $8,410,000.00 for the putpose of sufficient savings. Adopted Yeas - 5 Nays - 0 23. Resolution - 00.880 - Authorizing the Police Department to enter into an agreement with the Best Western White Bear Country Inn for providing the meeting room and refreshments for an Intemet Crimes Against Children Task Force Training Seminaz. Adopted Yeas - 5 Nays - 0 24. Resolution - 00-881 - Authorizing the Police Depamnent to enter into an agreement with Saint Paul Arena, LLC, to provide and to be rennbursed for security services for the Minnesota Wild Hockey gaznes and events. Adopted Yeas - 5 Nays - 0 25. Resolution - 00-882 - Canceling Final Orders, C.F. 94-1116 and C.F. 97-459, for sidewalk reconstructionlconstrucrion projects on the north side of Summit Avenue from Virginia Street to North Western Avenue and Hayden Heights Playground as the work was not done. Adopted Yeas - 5 Nays - 0 26. Resolution - 00-883 - Amending C. F. 00-273, adopted March 22, 2000, which vacated and discontinued public property located neaz York and Weide Streets. This would amend the resolution so as not to retain the easements. Aciopted Yeas - 5 Nays - 0 27. Resolurion - 00-884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue East. Adopted Yeas - 5 Nays - 0 28. Preliminary prder - 00-885 - In the matter of residenfiai street paving and lighting for the FifthlKennard Residenrial Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935) Adopted Yeas - 5 Nays - 0 �a-�'9j September 27, 200Q City Council Summary Minutes Page 5 29. Preliminary Order - 00-886 - In the matter of construction of storm sewer connections, sanitary sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in conjunction with the Fifth/ Kennazd Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935C) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 00-887 - In the matter of the PagelManomin Area Street Paving and Lighting Project, and setting date of public hearing for October 25, 2000. (File #18931) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 00-888 - In the tnatter of sidewalk repairs and/or the repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Page/Manomin Area Street Paving and Lighting Project, and setting of date ofpublic hearing for October 25, 2000. (File #18931 misc) Adopted Yeas - 5 Nays - 0 19. Resolution - 00-876 - Authorizing the Depaztment of Public Works to seek Federal government funding from the U.S. Department of Transportafion for full or partial funding to construct a gondola across the Mississippi River. R�c Chehouri, Department of Public Works, appeazed before the Council. He said he was in Washington, D.C. seeking federal grant money for the City to build a gondola from the Science Museum to Harriet Island as well as seeking funds for the Phalen Boulevard project. When he met with the Deputy Secretary of Transportation, he stated that the Department of Transportation was interested in the gondola project and they would try to get money for Saint Paul for the project. The City of Philadelphia is also building a gondola and they received a$6 million federal grant. Mr. Chehouri said Public Works avoided research expenses by contacting the City of Philadelphia about their project. Public Works has spent about $5,000 studying the project, he said. T'hey feel the project can sustain itself and make a profit by charging a fee of $2.00 per ride. Revenues aze also anticipated from private investors such as McDonald's who would subsidize the gondola by paying $1.00 for each "Happy Meal" sold. They would also receive public advertising money for the gondola. Mr. Chehouri said it would not be difficult to maintain the gondola and for it to sustain itself; City money would not be used to sustain the system. Councilmember Lanhy said the gondola should not be referred to as a mode of transportation but rather a tourist attraction. Phalen Boulevazd is a lazge priority for the entire City of Saint Paul and she did not want the impression to be given when lobbying for federal transportation dollazs that iPs an either/or situation. 5he also noted that there be-8'r/ September 27, 2000, City Council Summary Minutes Page 6 has not been discussion amongst the Council regazding the gondola as to whether not it is something they really want over the river. She does not feel it's a good use of iransportation doliars for a tourist attraction. Mr. Chehouri said before he went to Washington, he met with staff from the Mayor's Office and they indicated their number one priority was Phalen Boulevazd and he was instructed not to take any federai money that would affect the chances of getting money for Phalen Boulevazd because of the gondola. He was assured by federal officials that the money Saint Paul would receive for the gondola has nothing to do with what the City would receive for Phalen Boulevard because they aze coming out of different funds. He was told there is no money for Phalen Boulevazd this yeaz and if the money is not taken for the gondola, the City will receive nothing this yeaz. Until a discussion is held on what the City's transportation policy is, to take $3 million in federal funds is fiscally irresponsible, Benanav said He further challenged the statement that the gondola would be maintained and sustained by the private market because that statement has been made regarding other projects which proved to not be the case on an on-going basis. He felt at some point it would become the City's responsibility to maintain. He said he has not seen any fiscal projections as to how it would not impact the taxpayers. Mr. Chehouri responded that it will cost $28.00-30.00 per day to operate the system. It will operate on an engine the same size as in a bus and will be run by electricity. Councilmember Benanav said this discussion should have taken place several months ago as there aze many questions to be answered before going forwazd. Ae also noted that he had seen proposals for a$10-15 million pazidng ramp on Harriet Island and $1 million to move the utility wires to install the gondola, etc., and those are issues the Council should have been discussing before going to Washington for money. Councilmember Coleman said he did not feei this was an issue of money but whether it couid be a potenrial amenity for the City of Saint Paul. As a City, he said they need to be always challenging themselves with new and creative ideas to bring people to the City. After further discussion, Councilmember Coleman moved to withdraw the resolufion. Withdrawn Yeas - 5 Nays - 0 ba -�9/ September 27, 2000, City Council Swnmary Minutes p� � FOR DISCUSSION 32. Siz-month Update from the Office of Labor Relarions on their work plan schedule in response to the Coimcil Reseazch Performance Audit (Update requested by the Council on Mazch 15, 2000) Katherine Megarry, Office of Labor Relarions, presented a report of their accomplish- ments over the past suc months. She noted the most sigcrificant item was that they have no open contracts at tlris time. The next seven contracts that will be negoriated expire at the end of December. She also noted that contracts aze now posted on the Web. Mazcia Moermond, Policy Analyst, Council Reseazch Center, reported that Council Reseazch staff is very impressed with the way scheduling and conclusion of contracts is progressing. She noted one of the problems they found was with the provision pertaining to promorional rights and supervisory posirions where inherent managerial policy states "we can not infringe our own rights to hire who we think is appropriate for a supervisory position." Ms. Moermond said it was her understanding from talking to the City Attomey's Office, Labor Relations, Human Resources, and the Mayor's Office that the week of October 5 they will be beginning the process of examining civil service rules, contract, etc. as to what needs to be changed. The 12 month update will be presented on Mazch 28, 2001. 33. Presentarion and demo by the Office of License, Inspections and Environmental Protection of the AMANDA and ECLIPS systems. (Presentarion requested by the Council on August 2, 2000) (Reiter left) A handout was distributed and reviewed extensively by Bob Kessler, Bob Cheney, and Peter Kishel, Office of LIEP. Councilmember Benanav questioned what LIEP's goals were with this system and if those goals have been met. Mr. Cheney responded that LIEP's goal for the ECLIPS system when they started was to find a replacement for the EXL system that the licenses ran on. They were concerned that they would not meet the Y2K deadiine with both of the systems as weil as the licensing system but they met their goal and there was no down time. The AMANDA system is a replacement for the D-Base system which they used for permits. It was a similar Y2K issue and it was ready to go in September 1999. A secondary goal was to iry to streamline their processes and allow employees to use these tools to accomplish more work with less staff due to the economy, etc. bb-�Rl September 27, 2000, City Council Summary Minutes Page 8 Bob Kessler added that since 1995 LIEP has had approximately a 167% increase in workload which inciudes increases in the number of licenses and permits and they have been able to keep up with that workload with a 6% increase in staff. They have taken former inspectors who have developed the system and they were srill able to keep up with the workload because of the efficiencies the system provides. Councilmember Benanav raised the issue of animal control saying he recenfly held a meeting regazding a situarion with dogs and there seems to be a lack of coordinarion between the animal control staff. He asked if there was a way to use the new system to coordinate animal control issues. Mr. Kessler responded that it is in the plans for the future. LIEP has a licensing system that is computerized but an actual complaint system that is still paper-based. Council President Bostrom asked if other departments have access to this data. Mr. Kessier responded that the Fire Department is developing their own inspection system with AMANDA and the next step will be to use the complaints module that is developed by AMANDA which would be for the Office of Citizen Services and that wouid be a City-wide application. (Reiter returned) 34. Progress report by the Mayor's Administration on their discussions with the appropriate State agencies and elected o�ciais regazding the distinct odor from the Gopher State Ethanol Plant. (Request per Council File 00-841 adopted on September 13, 2000) Dan Smith, Deparhnent of Planning and Economic Development, presented a report. He announced that a public hearing was scheduled for October 18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue. Mr. Smith distributed a copy of a letter he sent to members of the St. Paul Legislative Delegation on September 26, 2000. Mr. Smith reported that he has been working with the State Agriculture Degartment and staff &om the Ethanol Program. A new member has also joined the working group from the State Health Department. The plant has received a pilot test scrubber. They have diverted the portion of the emissions from the grain dryer which they aze going to be testing and they will be getting the scrubber in place. They have a toxicologist who will be measuring the before and after. The piant has identified i l compounds in the emissions which may be causing odor. They will test and identify the chemical makeup of the emissions before the scrubber, put the test scrubber in, and idenrify the chemical makeup of the emissions after the scrubber. They also have retained a firm that specializes in measuring odor with 66�$�!� September 27, 2000, City Council Summary Minutes Page 9 elec�onic devices. 5ince odor is subjecrive, they also have a panel of six to eight people to actually smeil bags. They aze also looking at the possibility of shipping the distiller grains, which aze currently dried in the grain dryer, away from the plant while they are stiil wet. Mr. Smith said he has spoke with Mr. Dan Morris &om the Institute for Locai Self Alliance and he is looking into some markets for the wet grain. He indicated that the cost of petroleum and natural gas has driven up the cost of drying the grain so there may be some savings to the plant in discontinuing the drying prices that were not there when the plant was built. Mr. Smith said there are several possible odors coming from the plant. They aze quite certain the odor that is most persistent in the outlying neighborhoods is coming from the graan dryer. There aze other odors that may be coming from the distiliing and from the fermenting and aiso from the brewery which is important to remember. The plant feels if they can address the grain dryer smeli, they can bring the odor level back to an acceptable level as it had been before the ethanol piant opened. Councilmember Coleman said that he and Mayor Coleman have met with staff and they aze continuing to do everything possible to eacplore the various oprions that may resolve the problem. ORDINANCES 35. Final Adop6on - 00-806 - An ordinance fmalizing City Council acrion approving a petition of Episcopal Church Home to rezone property located on the corner of Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the expansion of a retirement community. (Pubiic hearing held August 9, 2000) Councilmember Senanav moved approval. Adopted Yeas - 5 Nays - 0 36. Second Reading - 00-859 - An ordinance approving amendments to Chapter 189 of the Saint Paul Legislarive Code; assign the responsibility for setting fees to the Truth- in-Sale of Aousing Board and remove specific dollaz amounts for fees from the ordinance, add Time of Sale definition, and clarify Required Acts. Laid over to October 4 for third reading/public hearing 37. Second Reading - 00-860 - An ozdinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch. 471.345). Laid over to October 4 for third reading/public hearing ��-Sq� September 27, 2000, City Council Summary Minutes Page 10 38. Second Reading - 00-861 - An ordinance amending Chapter 86 of the Saint Paul Administrarive Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch 471.35). Laid over to October 4 for third reading/public hearing 39. Second Reading - 00-862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from January 1, 2001, to December 31, 2001, to inctease housing in Saint Paul. Council President Bostrom recommended the pubiic hearing be held on October at wluch time he felt the Council would have the informarion they requested. Councilmember Benanav moved to lay ovet to October 25 Laid over to October 2i for third reading/public hearing Yeas - 5 Nays- 0 40. First Reading - 00-889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab velucle inspections instead of biannual inspections and aliowing for appearance inspections of taxicab vehicles up to six (6) times per year. Laid over to October 4 for second reading 41. First Reading - 00-890 - An ordinance amending Saint Paul Legislative Code Secfion 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to October 4 for second reading Suspension Items: Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 00-910 - Waiving the 45-day norice requirement for issuance of a liquor li,:ense to Bamboleo, 162 Dale Street. The owner of the restaurant appeazed and said a few words about the restaurant. He indicated that Bamboleo is a Caribbean-Latino restaurant. Adopted Yeas - 5 Nays - 0 ��- � l/ September 27, 2000, City Council Summary Minutes Councilmember Coleman moved suspension of the rules and approval of the following resolution: Page i 1 Resolution - 00-911- Waiving the 45-day norice requitement for issuance of a liquor license to Mickey's Nook, 492 Hamline Avenue. Adopted Yeas - 5 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the foilowing resolution: Resolution - 00.912 - Amending Council File 00-321, Adopted Apri15, 2000, (approving the petition of Dennis Guprii to vacate a portion of East Fifth Street, Etna Street, and the alley in Hamer's Subdivision in order to aliow construction of new housing units) by changing wording in the legal descriprion. Adopted Yeas - 5 Nays - 0 The meeting was recessed from 4:50 - 5:32 p.m. Present - 4 Absent - 3- Blakey, Harris (both excused); Coleman (azrived after rol] call) PUBLIC HEARINGS The nublic hearine on the Housing Revenue Bonds for the Franciscan Health and Housine Services Proiect (St Mary's) was continued to October 4 2000 42. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cabie Communication Service and applications received from Everest Connections Corporation and WideOpenWest Minnesota, LLC. (Laid over from August 9 for continuation of public hearing) Gerry Strathman, Council Reseazch Director, reported the City was still in the process of obtaining complete informarion from both applicants and he recommended the hearing be continued to December 6, 2000. Councilmember Lantry moved to lay over to December 6, 2000. Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0 ��f September 27, 2000, City Council Summary Minutes Page 12 43. Third Reading - 00-550 - An ordinance to regulate newsracks that are located within public rights-of-way. (Substitute introduced June 7; laid over from August 9 for continuarion of third reading/public hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25 for continuation of third reading7public hearing) Coimcilmember Coleman moved to lay over to October 25. Laid over to October 25 for continuation of third readinglpublic hearing Yeas - 5 Nays - 0 44. Resolution - 00-165 - Conceming adverse action against all licenses held by E& K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license fees. (Laid over from September 6; conditions were placed on the license) Virginia Paimer, Assistant City Attomey, reported this adverse acrion invoives Checkers Nite Club's failure to pay delinquent license fees and failure to have liquor liability insurance in force. At the September 6, 2000, Council meeting, Ms. Palmer requested a layover as she had discussions with the owner pertaining to withdrawing the licenses as he indicated the business had been closed. She received a letter from the owner saying the establishment has been closed since February, 2000. However, the delinquent license fees go back to the last haif of the fees due in 1999-2000 and cover a lazger period of time than the time he indicates the business was closed. Ms. Palmer recommended the Council adopt the resolution suspending the licenses until ail license fees have been paid and that he not be allowed to re-open until liquor liability insurance is in force. No one appeazed in opposifion; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Public hearing to consider the report of the Administrative Law Judge conceming the Application for a Taxicab Driver's License by Willie B. 7ones, 7r. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an Administrarive Law Judge (ALn concerning this matter. Willie Jones applied for a taxicab driver's license and was recommended for denial based upon a 1997 felony conviction. The Legisiative Code does not permit a person to have a license if they have a felony conviction within the last five yeazs. Mr. Jones requested a heazing in order to present evidence that he had undergone rehabilitation and was a fit applicant for a driver's license. He was sent notice of the hearing but failed to appeaz. Therefore, The Administrarive Law Judge report made September 27, 2000, City Council Summary Minutes � V � f �� Page 13 findings that Mr. Jones had been given proper notice, that he forfeited his right to contest the aliegations and that there was no evidence of rehabilitation in the record and made a recommendation that the Council deny the license. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the report of the AI.J. Adopted the Findings of Fact, Canclusions and Recommendation of the Administrafive Law 7udge (application denied) Yeas - 5 Nays - 0 Public hearing to consider the report of the Administrarive Law 3udge concerning the Auto Body Repair Garage License held by Steve's Auto Body, 1196 East 7th Street. Virginia Palmer, Assistant City Attomey, stated that the Office of License, Inspections and Environmental Protecrion (LIEP) had started adverse action against the licenses held by Steve's Auto Body based upon allegations of violarions on the conditions of lus license. Mr. Hakala requested a hearing before an Administrative Law Judge (ALJ}, appeared and gave testimony. The ALJ also heazd testimony from LIEP employees and the licensee and property owner and found that LIEP had sustained the burden of showing there have been violations of the conditions on the license. Adverse action was previously taken against the ]icense on January 12, 2000, due to violation of the condirions of the license. At that rime, Council imposed a penalty of a 30-day ciosure with 15 of the days suspended, a fine of $500.00, and that the properry be cleaned up within one week of adoption of the resolution. The recommendation at ttris hearing was for a 30-day closure and an additional 15 days, which were previously suspended, and a$1,000 fine. Tfie ALJ found that the violations had been proved, recommended adverse acrion but made no recommendation for what the appropriate penalty would be. Ms. Palmer noted in reading the ALJ report that monitoring the conditions on the property is taking an enormous amount of staff time in the Office of LIEP. She recommended that a 45-day closure wouid be appropriate since this is the second t'sme flris yeaz this matter has been before the Gouncil. She recommended ffie Council adopt the fmdings and conclusions of the AL7 report, impose adverse action, and that the property not be allowed to re-open until it is completely in compliance with all of the license conditions and any zoning code requirements. No one appeared in opposition; Councilmember Lanhy moved to close the public heanng. Yeas - 5 Nays - 0 b�-�qi September 27, 2000, City Council Summary Minutes Page 14 Councilmember Lanhy noted the number of violations Mr. Hakala has been cited for and said if he is allowed to operate, she does not feei he will come into compliance. The business he operates does not fit the space that is available to him, she said No one appeared in opposition; Councilmember Lantry moved to adopted the Findings of Fact and Conclusions of Law of the ALJ and also to deny the license. Adopted the Findings of Fact and Conclusions of the Administrative Law Judge. Adverse action was imposed (license was revoked and a$1,000 fine). Yeas - 5 Nays - 0 47. Pubiic hearing to consider the report of the Adminisnative Law Judge conceming the Application for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Virginia Paimer, Assistant City Attorney, outlined the conditions which were agreed to by the owner of High Tech Auto Services. I3o one appeazed in opposition; Councilmember Benanav moved to close the public hearing and Adopt the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge including addirional conditions recommended by the Office of License, Inspections and Environmental Protection. Yeas - 5 Nays - 0 48. Resolurion - 00-891 - Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the applicarion for a bingo hall iicense. Robert Kessler, Director of the Office of License, Inspections and Environmental Protecrion (LIEP) appeazed and said LIEP staff recommends approval of the bingo center appiication as they find the loca6on is consistent with the intent of the proposed waiver contained in Council File 00-314. LIEP staff, in consultation with David Gonterek of the Department of Planning and Economic Development, find that the bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hail is ideal in that it wili generate economic activity in a vacant and under-utilized azea of the shopping center and the physical iocation is sepazated from residential uses. LIEP aiso believes the concept of obtaining the consent of neighboring bingo halls to allow a new bingo hall to locate within the two mile radius of an eacisting hall dces not make sense. 23ot oniy �e there problems with the brokering of that consent, it limits competition and allows bingo hail owners the upper hand in leasing agreements. September 27, 2000, City Council Summary Minutes bb��9i Page I S Mr. Kessler said the Office of LIEP urges Council approval of the application and they oppose legislarion that allows for the waiver. Appearing in opposirion to the waiver were the following individuais: Bob Maher, Attomey with Best & Flannigan, representing Oak Grove Properties and Jim Reiliy, ffie owner of the commercial space at Lexington and University which includes a licensed bingo facility. He stated that Mr. Reilly has operated his bingo site for nine years with four cbariries as his tenants. If the Council grants the waiver, Mr. Maher said it was theu position that Mr. Reilly will no longer be able to operate a bingo facility at this site because his four cbarity tenants have indicated they will move their bingo sessions from the current space to the new Midway space if it is licensed. There are no other charities showing a desire to take their place so Mr. Reilly would have to close his business. Rather than the waiver providing an economic benefit, it will simpiy move an existing economic benefit to another location. There is no justification for depriving the Le�ngton-University azea of these benefits, Maher said. Don Ludeman, President of Snelling Hamline Community Council, said Sneliing Hamline is a very business friendly neighborhood and the community council has good relations with the businesses. Mr. Ludeman spoke for the waiver with conditions which he outlined There are neighbors in Snelling Haznline who have strong negative perceptions of bingo halls. They feel there is a potential for a negative impact on the neighborhood. The desire of the neighborhood is to work with the proposed tenants to minimize the negative impacts and masimize benefits. Appearing in support of the waiver were: Paula Maccabee, Attorney representing RK Midway, stated that the Council passed an ordinance which has a ciear guideline as to when a waiver should be approved. It does not talk about special circumstances but talks about promoting responsibie owc�ership and accountability. RK Midway determined the Lexington locarion was not meeting the needs of the four chariries involved ox their customers' needs for a feeling of security and far shopping which their customers wanted. Within the rights of their lease, which has a notice provision, they sought another alternative. RK Midway has signed leases and are ready to move into the space at Midway Center. Ms. Maccabee talked about why this move will provide economic development benefits. Ellen Waters, President of the Midway Chamber of Commerce, said she was present to offer the Chamber of Commerce's support for the waiver and the licensing. The potential economic benefits are shared by them from the standpoint of not whaPs good for any individual business but what is best for the whole Midway business community. They feel it is an important investment and she said they aze very pleased that RK Midway is willing to make some improvements and she encouraged them to continue to work with September 27, 2000, City Council Summary Minutes :La �� -�� Page 16 the neighborhood to address any concems. They feel the evidence is strong that the move will provide some very good benefit. Ms. Waters said they wouid be willing to work with Mr. Reilly at Le�ngton and University to find a good use for that properry. Bazbara Kale, CEO of Midway Training Services (MTS), one of the charities at Midway Bingo Palace, stated that MTS serves developmentally disabled adults and one of their main goals is to provide employment for their clients. She requested the Council's support of the waiver stating that MT'S has been involved in charitable gambling for appro�Limately 12 yeazs as they need to supplement the per diem they receive. Jerry Perron, Attorney with Leonard Street & Deinard, appeazed on behalf of RK Midway and submitted, for the record, the premise site plan, a city wning map showing that it will be wned B-2 and a bingo hall is an approved use in that zone, a parking study showing there is adequate parking for the site, and a composite site plan which shows this site is in the very epicenter of a very lazge commercial development and it won't have impact on the sutrounding neighbors. Councilmember Reiter moved to close the public hearing Yeas - 5 Nays - 0 Councilmember Benanav moved to grant the waiver saying he felt the waiver meets the test of the ordinance; i.e., it would provide economic development. He concurred with Ms. Kale that over the last few yeazs MTS has seen their profits decline significantly as a result of the condition of the premises they currently occupy. If projections aze correct, they will see an increase in their profits. Councilmember Reiter stated he would abstain from voting, on the advice of the City Attorney, as he has an association with one of the charities. Adopted Yeas - 4 Nays - 0 Abstention - 1(Reiter) (See discussion on page 17) (Reiter le8) 69. Public hearing to consider the application by Maryland Real Estate Investments for a subdivision review (combined plat) for subdivision of properry at 905-911 East Maryland Avenue (East Maryland Clinic). No one appeared in opposi6on; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 4 Nays - 0 (Reiter not present for vote) September 27, 2000, City Council Summary Minutes (Reiter returned) �� ` � Page 17 50. Resolution - 00-893 - Establishing No Pazking 8AM-8PM, Monday-Friday, Except by Permit, Area 22, wne on both sides of Goodrich Avenue behueen Cretin Avenue and Finn S�eet. 130 one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Benanavleft) 51. Resolution - 00-894 - Ordering the owner to remove or repair the building at t08 Atwater Street within fifteen (15) days from adoption of resolution. (Legislative Aearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on September 5, 2000, and no one appeared on behalf of the properiy. Approval of the order was recommended by Mr. Strathman. No one appeazed in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0(Benanav not present for vote) 49. Resolution - 00-892 - To consider the application for a sound level variance by Wild Tymes Sports Club, 33 7th Place West, to allow musicians and sound system concerts at their block parties from 12:00 noon to 12:00 midnight on September 29, 30 and October 1, 2000. (Benanav retumed) Robert Kessler, Director of the Office of License, Inspections and Environmental Protecrion (LIEPj, appeazed and recommended approval of the application. Councilmember Coleman said he was told by a member of the District 17 Planning Council that they had not received notice of the appiication for a sound level variance and their boazd was not able to take action. Mr. Kessler responded that his records show the district council was sent a notice. However, the requirement is that the norice be sent 15 days before the event, it was mailed on September 22 which, he acknowledged, did not meet the 15-day requirement. Councilmember Coleman suggested that a phone call or norification by fa�c could have served as notification in this case. po--��l September 27, 2000, City Council Summary Minutes Page 18 John McDonough, owner of Wild Tymes Sports Club, appeazed and talked about the event. Councilmember amended the hours for the sound level variance on October i to 12 noon to 9:00 p.m. No one appeazed in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted as amended Yeas - 5 Nays - 0 52. Resolution - Of1-895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East within fifteen (15) days &om adop6on of resolution. {Legislative Hearing Officer recommends granring the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a$2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislarive Hearing Officer, reported the bond was posted and a code compliance inspection was done. No one appeared in opposition; Councilmember Lantry moved to ciose the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 53. Resolution - 00-896 - Ordering the owner to remove or repair the properiy at 1246 Seventh Street East within fifteen (15) days from adoprion of resolurion. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 54. Resolution - 00-897 - Ordering the owner to remove or repair the properiy at 682 Western Avenue North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspecrion is completed and a $2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislative Hearing Officer, reported the required bonds were not posted and, therefore, he recommended agproval of the original order. 6��g9f September 27, 200Q City Council Summary Minutes Page 19 No one appeared in opposirion; Councilmember Reiter moved to close the public hearing and approval. Adopted (remove or repair within I S days) Yeas - 5 Nays - 0 55. Resolurion - 00-898 - Ordering the owner to remove or repair the propetty at 1497 York Avenue within fifteen (15) days &om adoption ofresolution. (Legislative Aearing Officer recommends granting the owner 180 days to complete rehabilitation of the property) Gerry Strathman, Legislative Hearing Officer, reported the required bonds and code compliance inspection were completed No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legisiative Hearing Officer) Yeas - 5 Nays - 0 56. Resolution - 00-899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported a Legisiative Hearing was held on this matter on September 19 and no one appeared on behalf of the property. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 57. Appeal of Paul3ohnson to a summary abatement order for property located at 79 Virginia Street. (Legislative Hearing Officer recommends denyutg the appeal} Gerry Strathman,. Legislative Hearing Officer, reported a Legislative Hearing was held on ttus matter on September 5. T'he matter involved an appeal to a summary abatement order requiring that overhanging trees be cut and debris be removed from the driveway. Mr. Strathman said he felt the orders were appropriate given the circumstances and he recommended denying the appeal. No one appeared in opposifion; Councilmember Reiter moved to close the public heazing and approval. Appeal Denied Yeas - S Nays - 0 �o �� q September 27, 2000, City Councii Summary Minutes Page 20 58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln Avenue. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on this matter on September 5. It involved the appeal of a correction order having to do with tall weeds and grass and other repairs to the exterior of the building. Testimony was taken and based on that, he recommended the appeal be denied No one appeazed in opposition; Councilmember Reiter moved to close the public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 59. Iiesolution Rarifying Assessment - 00-900 - In the matter of summary abatements (properry clean-up) at vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue and 244 Aurora Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163 Minnehaha Avenue West (J0002V�. (Laid over from August 23) (Legislative Hearing Officer recommends the following: Vacant lot on Ross Avenue (J0003AA1- approve the assessment 1153 Sherburne Avenue (70003AA1- reduce the assessment to $200.00 pius the $45.00 service fee for a total assessment of $245.00 762 Thomas Avenue (J0003AAZ- approve the assessment 244 Aurora Avenue (J0003AA1- approve the assessment 99 Hatch Avenue (T0002V� - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00 1163 Minnehaha Avenue West (70Q�2W1- reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00) Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held on September 5, testimony was taken, and recommendations were made by the Legislarive Hearing Officer. No one appeared in opposition; Councilmember Lantry moved to ciose the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislarive Hearing Officer) Yeas - 5 Nays - 0 September 27, 2000, City Council Summary Minutes �V �� l Page 21 60. Resolution Ratifying Assessment - 00-901 - In the matter of summary abatements for towing abandoned vehicles from private property during the month of March and April, 2000 (J0003 V, J0004�; property clean-up &om late May through June, 2000 (J0004A); demolirion of vacant buildings during the months of June and July, 2000 (J0004C) (Legislative Hearing Officer recommends approval with the following exceptions: 1045 Fremont Avenue (J0003� - lay over to the September 26, 2000, Legislative Hearing and the October 4, 200Q City Council Meeting; 840 Montana Avenue West L004A1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 952 Euclid Street (J0004V) - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 769 Burr Street (J0004VZ - lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on September 19, testimony was taken and recommendations were made by the Legislative Hearing Officer. 10 Goodhue S�eetSJ0003V1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting) 966 Chazles Avenue was referred to a Legisiative Hearing on October 10, 2000, and City Councii Hearing on October 25, 2000. Orland Reno, 203 Genesis Street, appeared He was cited for two cars that were towed away, one in March and one in April. He stated that he purchased the properiy in May and he questioned why he was responsible for the assessment. Gerry Strathman, Legislafive Hearing Officer, said this matter was heazd at a Legislative Hearing and at that time he explained to Mr. Reno that under the City Code the property owner is responsible for all assessments. The seller should have informed Mr. Reno of pending assessments at the 6me of the sale. He. told Mr. Reno that Iris recourse wouid either be to the seller for not informing him of the assessment or possibly the ritie insurance. Cazol Anderson, daughter of the owner of 840 West Montana Avenue, appeazed She said she was appealing the assessment because damage was done to the gazage, the house, and the yazd by the heavy equipment that was used. Gerry Strathman, Legislative Hearing Officer, said at the Legislative Hearing he suggested to Ms. Anderson that she file a claim with the City for the damage that was done to the property. He felt the assessment of $345.00 for mowing was excessive and lie recommended reducing the amount. September 27, 2000, City Council Summary Minutes Councilmember Reiter moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer and the Council's recommendation on 966 Charles Avenue [see belowj) Yeas - 5 Nays - 0 6b-�� Page 22 Councilmember Reiter moved to re-open Item 60 to consider 966 Charles Avenue. Yeas - 5 Nays - 0 966 Chazles Avenue - Gerty Strathman, Legisiative Hearing Officer, stated the property owner did not appeaz at the Legislative Hearing and suggested it be refenad to the Legislative Hearing on October 10, 2000. The property owner was agreeabie. Counciimember Reiter moved to refer 966 Charles Avenue to a Legislative Hearing and approve the balance as noted above. Adopted as amended Yeas - 5 Nays - 0 bl. Resolurion Ratifying Assessment - 00-902 - In the matter of summary abatements for grass cutting (by private contractor) during the months of May, 7une ancUor 7uly, 2000 (70004G); boazding-up of vacant properties during the months of April and May, 2000 (J0004B); properiy clean-up from late June through July, 2000 (JOOOSA); towing of abandoned vehicles from private property during the month of May, 2000 (J0005�. Legislative Hearing Officer recommends approval with the following exceptions: 815 Robert Street South (70005A1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; 621 Humboldt Avenue (J0005 Vl - lay over to the September 26, 2000, Legislative Hearing and the October 4, 200Q City Council Meeting. (Coleman left) Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was heard on this matter and recommendations were made. No one appeared in opposition; Councilmember Lantry moved approvai as amended. Adopted as amended (per recommendation of the Legislafive Hearing Officer) Yeas - 4 Nays - 0(Coleman not present for vote) bb -$� � September 27, 2000, City Council Summary Minutes Page 23 62. Resolurion Ratifying Assessment - 00-903 - In the matter of installarion of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tre� planting, construction of a lantern style lighting system, and ali other work necessary to complete improvements for the Western/Lawson RSVP Paving and Lighting Projeck (File #18904) Counciimember Reiter moved to introduce a substitute resolution which deleted two streets. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Substitute introduced and adopted Yeas - 4 Nays - 0(Coleman not present for vote) 63. Resolution - 00-904 - Approving the vacation of parts of John Street and an alley for construction of the new Law Enforcement Center. (Vacation File #1-2000) Counciimember Coleman moved to lay over to October 25. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 64. Resolution - 00-905 - Approving the petition of the City of Saint Paul to vacate part of a lot neaz Point Douglas Road and Clarence Street originally taken for right-of-way purposes for the adjacent property owner now to purchase the properry. (Vacation File #9-2000) No one appeared in opposirion; Councilmember Lanhy moved to ciose the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 65. Resolurion - 00-906 - Approving the petirion of Total Tool, Inc. to vacate part of Aldine Street lying south of Roblyn Avenue and north of the raikoad right-of-way for the eupansion of a manufacturing and wazehouse facility. (Vacation File #10.2000) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 66. Resolution - 00-907 - Approving the petition of Donald and Doriene Callais to vacate part of the east-west alley in Block 14, Hayden Heights Addition to alter the shape of their properry. (Vacation File #8-2000) Tim Vandeberg, 1984 Cleaz Avenue, appeared in opposifion to the vacation saying that the vacation would deny him access to his garage because it is on the corner of the alley. September 27, 2000, City Councii Summary Minutes �b-��1 Page 24 Peter White, Reai Estate Division, displayed a map of the proposed vacation. A petirion was received to vacate a part of the ailey in the block bounded by Furness, Ruth, Cleaz, and Ivy_ A secrion of the alley is 27 ft. wide and the rest of the alley is 20 8. wide which is the standard alley width. The peritioner wanted to vacate 15 feet of the alley and between negotiarions with the petitioner and the Public Works Department, the request was limited to seven feet wluch leaves a 20 ft. wide ailey through the block. After the petition was received, Reai Estate contacted the utiliries and City departments and there were no objections to the vacation. Mr. Wlute said the recommendation is that the Council approve the vacarion subject to the terms and conditions in the resolurion. Mr. White procaeded to explain the layout of the alley and the gazage. Councilmember Benanav said he could understand there may be a problem with Mr. Vandeberg accessing his garage if the door is on the comer. He questioned if it wouldn't have been better to vacate part of the atley but cut off a piece for Mr. Vandeberg to access his gazage. Peter White responded that the City Council has authority to amend the resolution. If that were to be the case, he suggested it be laid over in order to come back with a legal descripdon of the reconfiguration. Councilmember Benanav moved to lay over four weeks. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 67. Resolurion - 00-908 - Approving the petition of the State of Minnesota to vacate Rose Avenue from Phalen Boulevazd to Bazclay 5treet for construction of the State of Minnesota's Bureau of Crirninal Apprehension Building. (Vacation File #2-2000) No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 68. Resolution - 00-909 - Agproving the petifion of Ronald Thorson to vacate Bazclay Street from Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a garage on part of the vacated azea. (Vacation File #6-2000) No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 69. (Discussed earlier in the meeting - see page 16) The meeting was recessed from 7:10 to 7:20 p.m. Rol] Cail: Present - 5 Absent - 2(Blakey, Harris - excused) b�-��l 5eptember 27, 20Q0, City Councii Summary Minutes Page 25 70. Public hearing to consider the appeal of the Summit Avenue Residential Preservation Associarion (SARPA} to a decision of the Heritage Preservation Commission (HPC) granting approval of a demolition permit at 828 Summit Avenue. Tom Reddering, Deputy Director, Office of LIEP, appeazed and stated a staff report or recommendation was not avaitable on tlus issue partially due to the resignation of former Heritage Preservation staff person Aaron Rubenstein. APPearing in support of the appeal was: James Toscano, President of SARPA. He said he feels the decision made by the HPC does not anticipate the consequences that occut. SARPA believes that any home in the Hill District of the Nationai Preservation District and the State Historic Preservation District must have an environmentai assessment worksheet (EAVI� as is specified in State and Federal rules. The State Environmental Quatity Board submitted a ruling. He questioned if the ruting cieazly states that both the Environmental Quality Board and the State Historic Preservarion agree that any home in the historic preservation district, if there is going to be removal or demolirion, must have an EAW. It was not done, it was pointed out to the Historic Preservarion Commission, and they chose to pass it on to the City Attomey and to the City Council. Mr. Toscano noted that SARPA is not opposed in any way nor dces it have anything to do with the people wishing to build a home on Summit Avenue. He said they were before the Council to ask that state law be enforced on the EAW and establish procedures so they have a precedent to use when other properties that are in the Hill District or other dishicts may come before the Council. Mr. Toscano said the staff recommendarion at the HPC was for further study which was disregazded. He said he testified before the HPC and there was no discussion of kris complaints or any discussion of the Summit Avenue Plan which lists the house as one of the homes of a noted azchitect. It would be the first house to be demolished since the 1980s and is a serious precedent setting case, he said Councilmember Lantry said it was her understanding that if 25 people signed a petition, the City was then required to do an EAW and she questioned Mr. Toscano if there is a petition process. Mr. Toscano said he did not know but in this case the State Environxnental Quality Boazd says it must be done. Appeared in opposition to the appeai were the following: Joseph Konstan, 582 Cretin Avenue, the prospecrive home builder at 828 Summit Avenue, explained in detail the steps they have gone through in their efforts to buy the property and build a new home. A public HPC hearing was held and their application September 27, 2000, City Council Summary Minutes bb � Page 26 was approved »nanimaus]y, Af}er discussing all the issues, SARPA appealed the decision, they went back to the HPC, and the HPC affirmed their findings and confirmed them in writing. Mr. Konstan responded to the issues raised by Mr. Toscano. He said the applicabie City Code and plans are fairly clear and they ail say t�e HPC should review all building permit applications for demolition which includes the Summit Avenue Plan adopted in 1986, the District 16 Plan adopted in 1989, and iYs clear in the City Code the criteria the HPC should use. He noted that SARPA did not raise the EAW issue in their statement before the HPC or in their letter of appeal. They raised issues about the Swnmit Avenue Plan, about the precedent and that it would "open the flood gates" and those issues were discussed and addressed specifically by the HPC. The HPC Chair made a statement that this is not precedent and the only precedent is that each case will be decided individuaily on its merits. To claim that the HPC neglected the unportant issues is not true, he said. Joan Ostrin, property owner of 828 Summit Avenue, voiced her support for pernutting the Konstans to demolish the home and rebuild. She said their plans for rebuilding will enhance and add distinction to Summit Avenue. Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0 Councilmember Coleman raised questions about the EAW process and where it fits in. He said the language of the State Code is clear by the Environmecual Quality Board (EQB). He asked Peter Warner, Assistant City Attomey, what the meaning is of historic districts as opposed to individual designarions of structures be if it were interpreted the way the respondent suggested. Mr. Wamer said one of the interesting problems in this case is the fact that a short while ago City staff asked the EQB for an interpretarion of the rules. They advised that it is the EQB's policy to look at all structures within a designated historical district as structures that require an EAW. That information was transmitted to the City Attorney's Office and he said he did not have a clear answer for the Council at this time. Mr- Warner said it would be useful for the City Attomey's Office to look at the rules and consult with EQB staff or the Assistant Attorney generai to determine if it is a long- standing interpretation because the impiications of it are fairly substantial to the City both in pas[ and future practices. Councilmember Coleman moved to lay over one week. Laid over to October 4 Yeas - 5 Nays - 0 September 27, 2000, City Council Summary Minutes �b-�� 1 Page 27 71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to replace a rear second story deck at 410 Eichenwald Street. Tom Riddering, Acting HPC staff person, appeared. He said there was not a staff report or recommendation on ttris matter. It involves an HPC decision to deny Mr. Thom approval for a rear second-story deck on his home. David Thom, the appeilant, appeazed He stated he has owned and lived at 410 Eichenwald Street for over 23 years. He submitted a permit application to replace a portion of the roof on his house and to replace the existing deck which is in severe need of repair. He showed the Council photographs of the areas he would like to repair as weli as neighboring homes with similaz decks. He said he did not feel his plans for the deck would alter the architecturai chazacter of the house. 3taff recommendation was that they would approve a simple stairway on the side of the house to replace the existing stairs and a landing from the stairs to the door but not a deck and he feels the deck needs to be repiaced. He noted he has the support of ail his close neighbors as well as addirional people in the surrounding neighborhood. Councilmember Coleman expressed concem that the Council had nothing concrete before them to make a decision and there was no staff person present. No one appeared in opposition; Councilmember Lantry moved to close the pubiic hearing. Yeas - 5 Nays - 0 Councilmember Lantry said she looked at the property and ffiere is no way Mr. Thom can build the deck differently to make it conforming. Councilmember Lantry moved to grant the appeal, that the HPC erred in its findings. The shucture is identified as non-contributing in the historic district and it is not pivotal to the historic district. It loses the spirit and intent of what the Code reads as "decks" which is that "decks should be constructed only at the rear of the building or where most inconspicuous." The HPC also erred because Mr. Thom will be replacing a deck that is already there and it could be removed at a future date with no azchitectural problems to the existing structure. Discussion ensued amongst the Councilmembers. Mofion of Intent - Appeal Granted Yeas - 4 Nays - 1(Coleman) Council found enor in the HPC's decision. September 27, 2000, City Council Summaty Ivlinutes Councilmember Reiter moved to adjoum the meeting. Yeas - 5 Nays - 0 ATTEST: � � �� Nancy An erson _� Assistant Councii Secretary ADJO AT :35 P.M. � r b ,,� Daniel ostrom, Council President Minutes approved by Council O e3; . �5 r �c�c�c', bo-� � Page 28 mce A �� V V � � 0 � z N � � N � . d � � � � E W � -� � a � �o a � � U '; `+' aG ,L >' .� U � �d �, a 3 �' F z � a w � ¢ w a a� n V_ V\ v �� `�! Transcript of St. Paul City Council Meeting September 27, 2000 TABLE OF CONTENTS Testimony of Robert D. Maher ............................................................................ 2 Testimony of Don Ludemann .............................................................................. 6 Testimony of Paula Maccabee .......................................................... .................... 9 Testimony of Bl1en Waters ............ ..... ................. ............................ ................... 13 Testimony of Barbara Kale .................................................................................16 Testimony of Jerry Perron ...................................................................................18 Council Secretary: Item 48, Resolution 00891 Waving the two mile distance requirement for RK Midway d/b/a Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall license. Council President Bostrom: Kessler: Mr. Kessler. Mr. President, members of the Council. In regard to the new bingo hall at Midway Shopping Center, license staff recommends the approval of the application at the Midway Shopping Center because we find that the location is consistent with the intent of the proposed waiver contained 'm Council File 00314. L.LE.P. staff, in consultation with David Gontarek of the Department of Plaxuiiug and Economic Development, finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and under-utilized azea of the shopping center. The physical 1 �� a M ¢ `.` a � M �i � � F oW� H � � � �zQ vr ; � location is separated from the residentiai uses by Interstate 94 to the south, the MTCO bus gazage to the west, Cub Foods to the east and the Midway Center itself to the north. L.I.E.P. also believes that the concept of obtainuig the consent of neighboring bingo halls to a11ow a new bingo hall to locate within the two mile radius of an existing hall does not make sense. Not only are there problems with the brokering of that consent it lunits comperition and allows bingo hall owners the upper hand in leasing agreements. We urge your approval of the application of the proposed legislation that allows for the waiver. I'd be glad to answer any questions regarding this that you might have and am also aware that there are others here that wish to speak to this issue. Bostrom: Are there any questions of staff before we begin the public hearing? Alright, thank you Mr. Kessler. This is a public hearing and I just advise folks we allow 15 minutes on each side. With something like this you don't have to take it but that's whaYs available, so what we would ask is that anyone that is in opposirion to this, if you would like to address the Council. Maher: Good evening. Council President Bostrom and the City Council, my name is Bob Maher. I'm an attorney at Best & Flanagan and I represent Oak Grove Properties and Jim Riley. Jim Riley owns the commercial space at Lexington and University which includes a licensed bingo facility as I am sure most of you know. We oppose this request for a waiver. Mr. Riley has operated bingo at his site for 9 years with four charities as his tenants. If the Council grants tYus waiver, it is our position that Mr. Riley will no longer be able to operate a bingo facility at this site. The reason being is that Mr. Riley's four tenants, these charities, have 2 o�-�� 1 indicated that they aze going to move their bingo sessions from his spot at Lexington and University down the street to the new Midway space, if it is licensed. And there simply aze no other charities e�ressing the desire to take their place, or even to enroll now, so Mr. Riley will have to close his doors. That is why we oppose this request for a waiver because rather than providing an economic benefit, as the ordinance requires before you can grant the waiver, tYis waiver will sunply move an existing economic benefit down the block, and there is no justification for depriving the Lexington and University area of these benefits. On the contrary, there probably is more commercial vacancy at that end of University than at the Midway end of University and perhaps a greater need for a commercial presence on that end. It would be one thing if RK Midway's application for a waiver were supported by four other or three other, or even one other charity, besides the charities that are currently Mr. Riley's tenants, which were perhaps looking to get into the bingo business. Perhaps then maybe you would have an azgument that an additional bingo facility would add an economic benefit. But that isn't the case here. Besides these four charities, there simply aren't any other charities clamoring to get into bingo, which is probably not that surprising given the proximity and proliferation recently of casino gaming and track betting over the last few years. The point is that this area sunply can't support two bingo halls and the economic benefits of a waiver that are being discussed here aze already present in the site that you have. If you grant the waiver, you will be filling a lazge vacancy on Snelling but creating an equally ]arge vacancy on Lexington. And you'll be bringing thousands of bingo customers to Snelling every month but at the expense of those, it's the same bingo customers. They'll no longer be going to Le�ngton. So it really has a net zero 3 �b-�� effect on sales tax revenue or property taY revenue or TIF support. And all of tlus has to be contrary to the intent of this ordinance. The ordinance says that only under speeial circumstances should the Council grant a bingo license within two zniles of an existing facility, licensed facility. And the best reading of that ordinance is that these special circumstances require the waiver of the distance requirement to create an economic benefit, not to simply move the same economic benefits down the block. We submit that is the effect of this waiver. And there's another problem. For years, Mr. Riley has been trying to develop more of his space at Lexington and University, which is admittedly under- utilized. For three yeazs, Mr. Riley has been negotiating with Home Depot for them to open a new store on Mr. Riley's property. And, in fact, the parties have essentially reached an agreement recently that will allow Home Depot to use this space and open up a new store. But all along the agreement was and is contingent on Mr. Riley fmding a site far his bingo license. The reason is that because the amount of the rent that Home Depot is willing to pay to open the store is such that it only makes sense for Mr. Riley, and is only feasible for Mr. Riley, if he can continue to earn money with his bingo license. If the Council grants this waiver request, then the value of Mr. Riley's bingo license is reduced to zero. And he will not complete the agreement with Home Depot. The economics are such that he will not be able to do that. And a significant opport�wity for real, new economic benefits is going to get lost. Now, prior to RK Midway's attempt to get its own bingo license, Mr. Riley was very close to an agreement with RK Midway to locate his bingo hall in the Midway Center space. And that relocafion would have allowed Mr. Riley to do the deal with Home Depot and allow a significant tenant to come into the Lexington and University area, with obvious commercial 0 ��-��l Bostrom: Council Member Reiter: Maher: Reiter: Maher: benefits. But suddenly RK Midway stopped returuing Mr. Riley's calls, and the nea thing we knew they were applying for their own license, and now we're all here talkiug to the City Council about this. Obviously, we don't like how that developed and how RK Midway went from being a possible business partner to trying to take our bingo tenants away. And we understand that that is not the issue before the Council. But the important thiug for the Council to know, we believe, is that this area cannot support two bingo halls. The interest from the charities is not there. So, if you grant this waiver you won't create an economic benefit, you'll simply move it. And maybe mare important, a waiver will cause the City to lose a significant economic benefit in the form of a Home Depot at Lexington and University, and thaYs an area that really could use the boost. So, for those reasons, we think you ought to deny the waiver request. Thank you. Thank you. Mr. Reiter. If Home Depot wants to locate there, would the bingo hall still stay? No. The deal we're talking about with Home Depot, we would have to fmd another spot for the bingo hall. Other than at that location? That's right. 5 bo��qJ Reiter: Maher: Reiter: Maher: Bostrom: Lji�. • �f�'�Ffif'� Council Member Coleman: I see. So the tenants of the existing bingo hall, if Home Depot went in there may have a problem relocating. Well, we'd find a spot for them. Okay, thank you. We can't do the deal without it. Okay. Is there anyone else who wishes to be heazd in opposition to this? Sir. President Bosirom and members of the Council. My name is Don Ludemann and I'm President of the Snelling Hamline CommuniTy Council, the neighborhood that's in question here before you. First, let me apologize for my casual dress. I just got offthe airplane from vacation and didn't haue a chance to go home and change. What about the mustache? Ludemann: I can take it off too. Snelling-Hamline is by and large a very business friendly neighborhood. We haue good relations with the Midway Marketplace, the Midway Center and the dozens of businesses on University Avenue, Snelling Avenue, Selby, Marshall. However, I am here before you to speak against this waiver, or rather for the waiver with certain conditions that I would like to outline � ��`�1 for you. Although I personally don't shaze, don't have strong opinions on this matter, there aze neighbors in Snelling-Hauiline who have very strong negative perceptions of bingo halis. They feel that, in fact the legislative code also feeis that thete is the potential for a negative impact by putting a bingo hall in the neighborhood. As a matter of fact, the license for a bingo hall is the same license that you would have to get, a sunilar class of license to a pawn shop or a gun shop or an infectious waste processing facility. Obviously the code recognizes that there is the potential for a negative impact. Our desire in the neighborhood is to wark with RK Midway to work with the proposed tenants, to minunize the negative unpacts and masimize the benefits. Mr. Kessler refened to a PD opinion that this facility would not have a negative impact on the neighborhood. We beg to differ. We feel that the potential is there for a negative impact. Ms. Maccabee speaking on behalf of RK Midway will no doubt tell you that the location is remote, that iYs not very visible. On the contracy. IYs right across the street from the Cub Store which is probably the highest volume store in that entire section of University Avenue. So it is a very visible location. I would say it's a prime location and I think that it will be very visible and potentially negative visibality for the neighborhood. So our Council feels strongly that there is a potentially negative impact. This image problem is really what hangs people up. They don't want it in our neighborhood. But beyond image, when we appeaz before Mr. Strathman and we raised some very specific concerns about security and safety, about lighting, about landscaping and parking. We asked for an annual renewal of the license rather than a biannual renewal of the license. Mr. Sh•athinan chose not to place those conditions on the license. And, in fact, we could live with that because again, we're business friendly. We trust that RK Midway will work with �� / V the neighborhood to address our concerns. But we're here tonight not to tallc about the license but to talk about this waiver. Whether to move the gambling, bingo from Le�ngton and University one mile to Pascal and St. Anthony, which is the proposed new location. I have to agree with the previous speaker. There is no net gain. There is no net economic benefit. You're just moving it one mile down the road. But there might be a secondary benefit. There might be the possibility that the people who go to play bingo wili also shop at the Rainbow or the Walgreens ar have dinner at the nearby buffet. That's what we in the neighborhood want to maximize are the benefits and minimize the potential negative impact. So what we're asking the Council to consider is our efforts to wark with RK Midway and the potential tenants and masunize the positive benefits and minimize the negatives. Quite frankly, I don't know what to ask you for. Are those conditions on the license? Is that laying it over until the neighborhood and the businesses can work something out? I'm not exactly sure. But I would ask you to respectfully consider our concerns. Bostrom: Okay. Yes Mr. Reiter. Reiter: What aze the negative aspects of the bingo hall? Ludemann: Again, personaily I don't. Reiter: No, but you mention them throughout your speech and I, you Irnow, Pd like to know what they aze because I'll be honest with you, I've worked at church bingo �6�8��/ I�-u.�� Reiter: Ludemann: for 20 yeazs and I don't think we ever had a police call and the average age was 50 or 55. So, you lmow, I don't look to any riots or big problems. Council member Reiter. I concur with that. The concem of the neighbors is not so much for the patrons of the bingo hall. It's for people who might prey upon them. Pickpockets, purse snatchers, that type of thing. That's why we are concerned about security. People going to and from their cars. Make sure there is adequate lighting. That type of thing. My understanding is that, excuse me, my understanding is that they have security, off duty policemen working these sessions. Is that true? The gambling manager assured us that that was the case, yes sir. Reiter. Thank you. Bostrom: Ludemann: Bostrom: Maccabee: That you Mr. Ludemann. Be sure to sign in there. Thank you. Okay. Is there anyone else who wishes to be heazd in opposition to this? Alright. Then we'd heaz from the supporters of this program. Good afternoon. Good afternoon Mr. President, Councilmembers. I'm Paula Maccabee and I represent RK Midway and I'd like to speak to this issue briefly and then we also 0 ob-��/ have a representative here from the Midway Chamber of Commerce to talk about the economic issues. And Bazb Kale who is from Midway Training Services who runs the bingo and then if there aze specific questions you have about security, Mr. Miklich(?) who is an onsite manager for the bingo halls to make sure that there is safety and security and people get escorted to their cazs is here. As is Tom Dina who has been working with the redesign. I want to start by saying that the Council passed an ordinance that states a real cleaz guideline about when a waiver should be approved. And it doesn't talk about special circumstances. It talks about promoting responsible ownership and accountability. And thaYs what, this is happening, is that there are four tenants, four charities, Holy Childhood, Midway Training Services, the Women's Auxiliary of St. Mary's Greek Orthodox and Midway Transportation which provides transportation to disabled people, who concluded that the locauon at Lexington wasn't meeting their needs or their customers needs for a feeling of security safety and for the shopping that the customers wanted. And so they, within the rights of their lease, which has a notice provision, they're not in any way trying to change that, sought another alternative and I was contacted by a well-known realtor in the Midway area who I have been working with since I was on the Council, and thaYs how we got in contact with the tenants. And so they have now signed leases and are ready to move into the space at Midway Center. Let me talk about why this will provide economic development benefits. The first economic development benefit is that the space, and it's about 10,000 square feet at the back of the center, has been vacant and untenantable for at least 20 years now. It is untenantable because it doesn't meet code and it costs a fortune to bring it up to code. And because charitable gambling does well, my ciient can afford to invest that. And that is 10 �U -�� over $700,000 that will be invested on our community in tenant improvements basically as soon as the Council approves the waiver and the license. And what's important about it, and I think Mr. Ludemann mentioned it, is that by moving these tenants, these customers, and this about 15,000 people a month, into an azea where there's Cub Foods, there's Rainbow, there's Herberger's, there's Kmart. Many of these people aze senior citizens. For many of them they aze using the bus. It's not easy to go and take a jaunt out to the shopping center by caz. And so they make a day of it and they'll be spending money, having lunch, buying food, buying groceries, buying whatever phannaceuticals and that economic development benefit will come into St. Paul. Because there isn't a similar economic engine on Lexington, there is a difference. We will be able to capture those dollazs. And many of these people aze coming in from Minneapolis or from the suburbs so it is a benefit for the City as a whole. And particularly since the City has invested in Midway Marketplace, that is securing our own investment. Also, this Midway Center bingo hall uniquely will create no hanns. It is at least 700 feet away from the nearest residence, and thaYs the back parking lot and I94 going to the south. IYs the whole Midway Marketplace development going to the east. IYs our whole center and then the roadbed of University going to the north, and then the bus barn and also Spruce Tree going to the west. So it is really insulated from neighbors. Also, unlike many other business situations, there is enough pazking here. IYs not going to impinge upon small businesses. There is plenty of pazking. We've actually made sure, in consultation with Councilmember Benanads office, that the plan for the way this bingo hall is designed and the parking will not interfere with joint development options, which we are hoping will be considered by Metro Transit when they look at the bus barn 11 1 �� . i � redevelopment. So we have a situation wheze there is economic benefit, there's no hanm to residents and there's no harm to businesses. Mr. Ludemann raised some important issues. It is aiso our goal to maximize the positive and min;mize the negative. We will not be having huge, free standing signs. The signs will be of the same character as what we have on the front of the building. And NIr. Ludemann also talked about security. At every session of bingo there is an employee there who is responsible for security. We put in ea�tra bathrooms to accommodate the ladies. We are willing to escort anybody to their cars. There is trash pick up. And we even talked to Mr. Ludemann as this being an opportunity to begin to improve the aesthetics in the back. Now we're not going to make, there is some inveshnents in landscaping we can't make now without interfering with the potential for future joint development. But I would talk to RK Midway, and they're wiiling to do some planting along Pascal and Mr. Tombina is here from the management facility, Westbrook facility, and we're willing to sit down with the neighborhood and figure out where is the best place far those trees so we can start improving the look of the center even before we do a major redevelopment. That brings my remazks to a close. If you have any questions for me, othenvise I'll let other people talk. Bostrom: Any questions of Ms. Maccabee? Alright. Please sign in. Maccabee: I will sign in. Maybe the Midway Chamber would be the best. Bostrom: Good evening. 12 . �� ! Watets: Good afternoon, council members, Council President Bostrom. Pm Ellen Waters, I'm President of the Midway Chamber of Commerce. As you may recall, we represent a few over 500 businesses in the Midway azea of St. Paul, which includes the property that is in question. Actually, both properties. And we aze here today to offer our support for the waiver and the licensing. And I tlunk the previous speakers have done a great job of outlining the potential economic benefit. That's really the perspective that we share. From the standpoint of not what's good for any individual business but for what is best for the whole Midway business community, we feel that this is an important inveshnent and we are very pleased that RK Midway is willing to make some improvements. We encourage them to continue working with the neighborhood to address those concerns. But franlcly, we think on balance the evidence is pretty strong that this will actually provide some very good benefit. I also want to say that we would be happy to work with Mr. Riley at Lexington and University to find a great use for that properry. I think the facts aze that these four charities are wanting to compete effectively in the marketplace that they do and that the RK Midway property presents an opportunity for them to enhance their revenues and to bring more people to their doors and that's certainly something that we support and we think the spin-off development in terms of shoppers and increased economic activity in that azea will benefit all of the surrounding stores and those retailers are very excited with the prospect of 15,000 customers a month coming there. We don't want to suggest that Lexington and University isn't important by any stretch of the unagination. That corner has great potential and we have been keenly interested in the efforts to land Home Depot or some other similar development and want to continue to work on that. But I think if you look at the situation there 13 oo-$�I the fact is that it is very under utilized. There has not been much investment in recent yeazs and it shows. And it's not an attractive environment. So for these charities to compete they have needed to look for the best opportunity that they can find and they have found that at Midway Center and it's something that we support. We too aze very concemed about the unage of the Midway. Our mission is building a stronger Midway and we will be cazefully watching and working with RK Midway to ensure that the image issues, the crnne perceprion, securiTy, all of those things are addressed. But we feel confident having worked with RK Midway over the years that we can address any of those situations that arise and that they will be responsible licensees and that on balance all of this will actually provide great economic benefit to the whole Midway and we'll figure out something to do with Lexington as well. Do you have any questions? Bostrom: Yes. Mr. Coleman. Council- Member Coleman: I, this whole, one of the Findings that we have to make specifically is that there will be economic development as a result of this waiver. And I'm hauing just a hard time buying it. I mean, I understaud, you know, there will be a lot of people coming into this thing. But if this in and of itself produced economic development, it has done nothing for the area that it already exists in. The one situation where I saw that there was clearly the impact was over on Payne, when we got rid of the strip joint, and I think that that was pretty clear that we were able to, you know, move fonvazd, that that was a better tool for economic development than the. 14 �6-$1 i Waters: :• �� Coleman: Waters: Coleman: Council- Member Benanav Bostrom: Well I thiulc the inveshnent that RK Midway is maldng of over $700,000, which they wouldn't otherwise have made and haven't been able to make for what, 20 yeazs of vacancy, I tliink thaYs a pretry significant benefit right there. Mr. Coleman. But thaYs not, thaYs just to the property where the hall itseif would exist, right? Uh huh. I guess I just wouldn't define that as economic development. When I think of economic development I think of some spin-off acrivity as a result of that, and I'm just trying to figure out why it would have spin-off activity here but didn't have on University and Leacington. Mr. President, can I help? There is a difference between Lexington and University and the Midway. You know, the shopping center on Lexington and University. Excuse me Mr. Benanav, I think what we should probably do is a11ow the speakers to fuush and then we can have our discussion, and if we have to call them back we could do that. Because they aze on a time frame and I don't want to short them of their recitation time. 15 Db-S�J Waters: Okay. I'll be brief, but I'll echo what Jay is about to point out, I think, and that is that the environment at Lexington and University is very different and the opportunities for anyone who is coming to the bingo to actuatly frequent other businesses in that azea is much more lnnited. In fact, most of the Le�ngton Shopping Center is vacant at this tune, although there is some transient business. There is a flea mazket that is in there occasionally. We have one of our board members is Wkutaker Buick, which is about a half a block away. Another one Biena restaurant across University. Neither of them feel that there is any benefit to the bingo parlor being located there presently. In contrast, at the Midway Shopping Center, it is actually in the shopping center that is vibrant, that is virtually fully leased, that is attracting new businesses, where there is Walgreens, and buffets, and restaurants and so forth. So the opportunity is really there for the customers to go out and spend additional money in the community that they may not currently be doing. Does that answer your question? Coleman: Yes. Pm not sure. IYs a little dubious, but I understand what you're saying. Bostrom: Okay, alright. Thauk you Ms. Waters. Will you please sign in. Now we have just about 3 minutes left. Kale: We have three minutes lefl? Bosh�om: Yes ma'am. Hi. 16 �6 -89! Kale: Council Chair, City Council members. My name is Bazbara Kale I am CEO of Midway Training Services. I am one of the charities at the Midway $ingo Palace. MTS serves developmentally disabled adults. They are all mentally and/or physically challenged. One of our main goals is to provide employment for our clients. We work at a lot of different jobs. We provide a job coach so the quality and the timeliness is there. We clean, we make beds in nursing homes, we assemble the packages that you get in the hospitals, we are involved in manufachtring. The Andersen Windows have grids, we put in the spring loaded pins in them. We are involved with the St. Paul Energy Consortium. We make planter boxes from recycled woods. We work with St. Paul Schools. We clean up trash in the Midway azea. We return shopping carts. Our clients haue attended meetings and luncheons at the Chamber and are very proud of being part of this community. I am here to request your support of the waiver, and some of the reasons are we have been in charitable gambling about 12 years. We need to supplement the per diem we get. It is not sufficient. About 9 years ago, with other charities, we began operating bingo at the Midway Bingo Palace on University and Lexington. There were many businesses in the shopping center. We had a beautiful hall. Over the yeazs, bingo has been good for MTS and the other charities. For about the last three yeazs we were told that we were going to be moved to another location because the shopping center was going to be sold to Home Depot. Sometimes, we were going to be moved in three months, sometimes six months, sometimes not at a11. During this time, the other businesses closed or moved and the bingo hall itself was deteriorating rapidly. Presently, the condition is deplorable. Profits for MTS and the other charities declined significantly. In 1999, the MTS profits were 1/3 of what they were in 17 �o-g�l 1998. We felt it was necessary to make a business decision to look at other options. We did meet with a couple of different owners able to negotiate better terms and people that would be wiiling to keep a very well maintained business. Are there any questions? Bostrom: Okay. I think that probably does it. We're just about out of tnne. Okay. If you'd just please sign in right over there. You have 50 seconds. Penon: I will tallt very fast. Thank you. Jerry Perron, Leonard Street & Deinazd on behalf of RK Midway. What I would like to do mainly is to submit some documents into the record for your decision. What I am submitting is a premises site plan so you can see what the set up of the bingo hall is going to be, a City zoning map showing that this is in a B-2 zone, which a bingo hall is an approved use in that zone, a parking study showing there is adequate parking for this site, and a composite site plan which helps show that this particulaz site is in the very epicenter of a very large commercial development, and it won't have impact on the surrounding neigltbors. And I would like to just very briefly respond to some comments from Mr. Riley's counsel. Bostrom: We're out of time. Penon: Okay. Bostrom: If you want to leave your information with the clerk we will take it. Please do that and please sign it. Okay. Alright. That concludes the time allotted for the � �a-S�/ public hearing. Is there a motion to close the public hearing? Mr. Reiter. Roll call. Secretary: Coleman, Lanhy, Reiter, Benanav, Council President Bostrom, public hearing closed. 5 in favor, none opposed. Bostrom: Mr. Benanav. Benanav: Mr. President, I'm going to move to grant the waiver. There aze some legitimate issues here that have been raised, but I think after hearing it, I'm convinced that it does meet, the waiver does meet the test of the ordinance. That is, it would provide economic development, even though Council Member Coleman had some question about it, and I tliink legitimate question. But I think it will bring a number of, I thiuk we heazd the number 15,000 people, into Midway Center who would then, presumably, if they do well playing bingo, will spend some of the money as they leave. I think, too, what was said by Ms. Kale was that over the last few years they've seen their profits decline significantly as a result of the condition that they current occupy. And, I think, if their projections are correct, they will see an increase in their profits which presumably there's some spin-off economic development spin-offthere as well. So I think it meets the test of economic development, and I'm not convinced that these four radical groups that have applied for this will bring any negative impact to the neighborhood. I don't play bingo myself, but if Council Member Reiter does and is a supporter of it... Reiter: I don't play bingo, I worked for a small fee. 19 Benanav: Reiter: :• .�. :. � �� Benanav: Bostrom: Reiter: Bostrom: �f��l Oh, I see. Well, if Council member Reiter... No, I don't think I got paid. I think I was a volunteer. And I thivk all the needs were said. Tlus is in an azea that is not particulazly close to any residential housing. You've got to cross 94 to get to the closest residents. IYs not likely that that's going to happen. Trust me. If you go down Snelling it takes a long time to cross 94 anyway under the current traffic conditions. So I think it's a good plan. The whole issue of the bingo hall being a bargaining chip for folks on Lexington and University, I don't think is an issue that we even need to consider. That's yust not our business. So I think based on what we heard, I am going to move to �ant the waiver and the license at Midway Shopping Center. You're moving resolurion 48. Pm moving resolution 48. Okay. Is there any fiu�ther discussion? Yes Mr. Reiter. On the advice of the City Attomey, I won't be participating in this vote because I have an associafion with one of the charities. Further discussion Mr. Coleman? 20 �b-S�J �-��._. Bosirom: Secretary: I will vote for your motion Mr. Benanav. I just thiuk iYs kind of, when we start talking about bingo pazlors as economic development Sn the City, I just, I have a hazd time buying it. I would hope that we've gotten to the point in this City where we can talk about real economic development not dragging 15,000 people in to gamble. And it has notivng to do with the charities or any of those. You lrnow, I've been involved in organizations that haue used bingo pazlors. I think thax thaYs fine. But I just, I really have a hazd time buying economic development, but I'll take Ms. Waters assertions that this is going to be helpful for the Midway Shopping Center. Is there any fitrther discussion? Roll call. Coleman, Lanhy, Reiter, abstained, Benanav, Council President Bostrom. Four in fauor, 1 abstention. Adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) VERIFICATION Debra M. Rafliff states that the foregoing transcript is a true and correct transcript of the videotape provided by the City of St. Paul of the City Council proceedings on September 27, 2000. Subscribed and sworn to before me 's 13th day of November, 2000. �� ^ Notary Public 11262\951649U28477 � � � �� i/� � .�, -� . �. / ! ■ `5.-. LOLA W.KJENSTAD _ _ �-:.-�� r;OTARY PU�'��C-'ri `'zNESOTA � c�-'<'� i �.,. �,�:. .M� �,�: w �.-.�.�,�,.u� .a.;,�.v.�,,wH�nn,v■ 21 I � �� r .�� Y'"", ; ..._ ' I i _ -- ___ �� , � � � y !I. .p w �i1P'Sia��P�ia�/1�1Q1r _ . ...� . � . .. . . .. ;�; . "' i .. �I�rf�i r/��.r��_ X� � `)' � MIbWAY ��'~ 1!1!!1d � NATIONAL B1VYt' a ,f (E71�$TM/(i1 � _ .- f � � OCiIVE ' �� '� 47 ' � �� LLf z �� C � I �� p : .<.,.._ ., .., ,�_ %y„�'.� , . \ .� r,�-.i � �� + �� -� i ��t � " w n�a ev'ea� ,�'�, ✓ EXISTIN6 BUIIDINd NO. S fIN. FtR. ELEV. 228'-9' N �+ H � ��} N7HNi r�� % � i i % � r i .,.�..w ��,�;., �.�.,r RAINBOW FO00 STppE EX1911N0 BU1I.DIN� NO. ! FIN. FLR. 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ANTHONY AVENUE \�'PYI.ON SIGN � SITI �� „ C� � �` e�� __.__ � ----�i 1 �OdOad O1`l 'S�Ila3dOad N13a �{�1N�� JIdMCIiW uo�s,n� 3aode� '; �� , 1 hereby cartify that this plan, specification or report o��— �l 9/ was prepared by me or under my direct supervision � and that I am a duly Registered Architect under the laws of the 5tate of Minnesota. Plame Ftegis4ra4ion No. Date Project No. Drawn By No. Revision Date Or"PNf�V[RTT FD O� R E[ 11tNEII 8T WAAG6., �4CT LOCA7'�OM Qi PIIqPBq?Y [,IN6'TD {B OlTFi�fi1111�� T�IA t � tu w�"'� � r—^--w_r__r_�s�2=i� :� .� _......, Y •�a90.RlNfi`[9➢4X' � v f � ; � ',Y51 S� � TROP'Q3ED < s'c;: r ?l,`si9 J � �� . � � C Er„yv• � � '1 , r t Il�i � � __ lon Siqn � � � � � 1 Q TIIA�1 _ —C""` _� �� _� � � � o — �_ —!._- �.�.� —..--. --•�— _�_ —�— _.__ r.._ __� _"f_ --.- �"'__ -_.�— G.=j v C� � - W -U _ � =a w _H EXISTING CHI CHI'S REEN WALL HIGH C W Z J � _ { 4 � � � � � ( t� f E 1 I ' !. . . _ ' ,� � � r�� ; �" , .i � "� , . � . '� � L: : ..: � � � 200 � �loo BV�W C�N�TRU�TIOIV EXISTING NORTH MIDVV/�Y CENTER , � �� MIDW64Y Mi4RKETPLAC� COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #10 - - -� . - : ,� : "�, � � � Council File # QQ � $'�' Green Sheet # D��9 CITY OF RESOLUTION PAUL,NIINNESOTA 4� Presented By Refened To Committee: Date 2 3 4 10 11 12 13 14 WHEREAS, RK Midway, LLC, d/b/a Midway Center Bingo, has applied for a bingo hall license at 1508 W. University Avenue; and WHEREAS, a bingo hall license is currently issued to the premises at 451 N. Lexington Pazkway, which location is within a two-mile radius of 1508 W. University Avenue; and WHEREAS, Saint Paul Legislative Code §403.05 requires a minimum distance of two miles between buildings licensed for bingo halls, but §403.05(b) permits the distance requirement to be waived upon a finding by the Council that the location of the proposed site would provide economic development benefits without significant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow more than one a bingo hall within two miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee owner of an exisring licensed bingo hall within the two mile radius; and 15 WHEREAS, the Council has determined, based upon the application, written submission 16 by applicant and such testimony as may have been heard at the public hearing on this matter, that 17 the waiver requirements have been met and that a waiver should be granted; now therefore, be it 18 19 20 21 22 RESOLVED, that the applicant RK Midway, LLC, d!b!a Midway Center Bingo is hereby granted a waiver of the distance requirements contained in Saint Paul Legislative Code §403.05 and the applicarion for a bingo hall license for the premises at 1508 W. University Avenue is hereby granted. Requested by Departmeat of: EP�I�� 1� ��.�� Form Approved by City Attorne�/� By: � / '� �i.o w _� `� Approved by Mayor for Submission to Council By: Appx By: By: COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #3 Adopted by Council: Date �� 2`�7 ,2<">c�� Adoption Certified by Council Secretary OFFICE o� LIEP Date: C7REEN SHEET� Christixie Rozek August i5, 2000 266-9108 No . 10 3 74 2 1 EPARTTSFNL DIRECIWR ITY COUNCIL � 'Z ITY A1ICJRNEY TY CLERR �� ust be on rouncil Ac�Pnd hv• '°°° vOGET DZRECA�R IN. 6 MGT. SVG DIR. � �� . � y- �� 3 YOR (OR ASSISTANT) -! 1 OTAL # OF SIGNATIIRS PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution to waive the two-mile distance requirement for RK Midway, LLC d/b/a Midway Bingo Center (1508 W. University Avenue) and granting the application for a bingo hall license. ECO[MIENDATIONS: APPAOVE (A) OR REJECP (R) BRSONAL 58RVIC8 CONTRACTS MOST AN3A'SR TH8 FOLLO➢RNG: PLANNING COF4IISSION CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a contract fOr this depaTtment? CIB Q�MMITTEE HUSINESS RSVIEW COUNCIL YSS NO STA£F _ Has this person/fiEm ever beea a City employee? DISTRICT COURT YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBSECTIVE? Cuzrent City employee? YES NO laia all Y85 aaswers oa a saparata sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): idway Bingo Center wishes to occupy 1508 W. University Avenue and operate as a ingo hall. The Saint Paul Legislative Code requires a waiver by the City Council to allow more than one bingo hall within a two-mile radius. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT �F TRADTSACTION $ COST/REVENUE BUDGETED YES ND FLTAIDING SOURCE ACTIVITY NLTMBER FINANCIAL INFORMATION: (EXPLAIN) - � ��7l,"'� �'�.� C8nt2a _ _ _ _ _ _ _ - ��C .S � LUUU COURT OF APPEALS NUMBER CX-00-1838 / S� �� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM September 18, 2000 To: Council President Daniel Bostrom City Councilmembers Fr: Robert Kessler, LIEP Director � Re: New Bingo Hall At Midway Shopping Center V_�' License Staff recommends the approval of the application for a new bingo hall at the Midway Shopping Center, because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00-314. In consultation with David Gontarek, of the Department of Planning and Economic Development, LIEP finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or commerciai businesses. The locarion of the proposed bingo hall is ideai in that it wili generate economic activity in a heretofore vacant and underurilized azea. The physical locarion is separated from residential uses by Interstate 94 to the south, the MTCO Bus Gazage to the west, Cub Foods to the east, and the Midway Center itself to the north. LIEP also believes that the concept of obtaining the consent of neighboring bingo halls to allow a new hall to locate within a two mile radius of an existing hall does not make sense. Not only are there probiems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing arrangements. We urge your approval of the application and the proposed legislation that allows for the waiver. Please let me lrnow if you have any questions regarding this proposal. cc: Ivlayor Norm Coleman Deputy Mayor Susan Kimberly Christine Rozek Paula Maccabee, David Gontarek COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #4 ao- �Q� NIINLJTES OF TI� LEGISLATIVE HEAAlNG MIDWAY CENTER BINC�O - 1508 UNiVERSITY AVENUE WEST Monday, September 18, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer Staff Ptesent: Dave Nelmazk, License, Inspection, Environmental Protection (LIEP); Christine Rozek, LIEP; Larry Zangs, LIEP The meeting was called to order at 10:02 a.m. Gerry Strathman stated this meeting is being held to heaz objections to a license by RK Midway LLC. Christine Rozek, Deputy Director of LIEP, reported this is an application for RK Midway LLC, doing business as Midway Bingo Center at 1508 University Avenue West in the Midway Shopping Center. Licensing has approved the application. Fire inspection will approve this upon final inspection. Zozung has questions about pazking information. Larry Zangs reported the pazking looks fine, but he needs some eaplanation on some of the numbers. He will defer his decision on the parking until he heazs from the applicant. Ms. Rozek stated this bingo hall is within two miles of an existing bingo hall. There wili need to be a resolution to waive the two mile distance requixement. Also present is Dave Nelmazk who deals with gambiing licenses in case there are questions about the gambling aspect of the bingo hail. Don Ludemann, President of Snelling Hamline Community Council, 1573 Selby Avenue #311, appeared and stated neighbors haue expressed some concerns. His understanding is the hearing today only addxesses the application by RK Midway to operate a bingo hail. He asked would there be another hearing regarding the other four tenants because the letter he sent in objection addressed the gambling licenses as well. Gerty Strathman stated the fact that Mr. Ludemann wa: objecting to the gambling licenses got missed. He asked could the gambling license applications be dealt with this morning. Ms. Rozek responded present aze representatives from all the organizations that intend to conduct charitable gambling. Mr. Strathman stated he will deal with the bingo hall application and the gambling applications at this meeting. The only people to come to these public hearings are interested parties and the interested parties aze here. Mr. Ludemann stated it is a business friendly neighborhood. The community council was notified in August when many residents were on vacation. Paula Maccabee offered to come to their board meeting to help eaplain things, but the organization was unable to accommodate her. The waiver requirement reads that a waiver will be granted when it will provide economic development benefits without significant negarive impact on residenrial or commercial uses. Mr. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #5 do-$9r MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 2 Ludemann asked will that be a Ciry Council issue. Mr. Strathman responded he would not hold a legislarive hearing on the waiver issue; that would go directly to the City Council. Mr. Ludemann stated University United is a group of district counciis all along University Avenue. The Midway Chamber of Commerce is also a member. They were involved in the development of two guidelines. One of those guidelines encourages vacant buildings to be rebuilt and vacant lots to be redeveloped as quickly as possible so there is not an appearance of neglect on the avenue; therefore, he is happy that RK Midway is going to fili some of the space. One concem is the pazldng in the south lot and that the bingo hall would get in the way of redevelopment of that lot. Mr. Ludemann requested an annual renewal so that future development of that lot would not be delayed. He asked does this license have a term. Ms. Rozek responded it is renewabie in two years. Mr. Ludsmann wants to min;mize massive asphalt in the parking 1ots. The design outlines suggest trees should be planted in pazking lots: one tree per every 25 parking spots. He would like RK Midway to consider landscaping to make it more aestherically pleasing. Mr. Ludemann is also concerned about people preying on the bingo players. He would like to know the plans for security, cameras, lighring. Also, he is concerned about signage. He hopes it does not add to the clutter of the signage on the avenue. The following appeazed: Paula Maccabee, consultant to RK Midway, and Joe Finley, attorney and applicant. Ms. Maccabee stated the design guidelines encourage vacant buildings to be filled to avoid the appearance of neglect. The ordinance looks at the potentiai of waiver when it provides economic benefit. The bingo hall is filling 2,000 square feet of space that was vacant for 15 years. The current estnnate of nnprovement to bring this properiy up to code is about $700,000. According to the University design guidelines refened to by Mr. Ludemann, this part of University is suppose to be a regional shopping center. This bingo hall will bring in about 15,000 customers a month, many of whom are middle class working people and many aze women who will make a whole day of shopping or eating out. Ms. Maccabee stated this bingo hall is unlikely to have an impact on neighborhoods. It is more than 750 feet away from the neazest residence; therefore, some of the concerns that may apply in other neighborhoods about lraffiq do not apply here. Also, it is tucked at the back of the center; the concern about visibiliry and perception will not take place here. Potential redevelopment is a concern of the developer also, stated Ms. Maccabee. RK Midway has made significant investrnents in lighting and in trees. "I`he reason there is not a plan submitted for landscaping is because it might interfere with potential redevelopment. (Joe Finley gave Gerry Strathxnan the following: drawing of signage, zoning map area, a composite site plan, pazking calculations, a copy of the deed to prove they own the center, certificate showing ownership, and the plat filed.) COURT OF AppEAI,S NUMBER CX-00-1838 oa -��I MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 3 Joe Finley explained the location of the bingo hall in conjunction with other businesses in the azea The bingo hall is not neaz any residential development. RK Midway had proposed several things for the back lot, but there was a pollution issue there. Now the poilution has been handled, and the back lot can be developed. They have run several parking scenarios with a bingo hall, hotei, and restaurant being built. They have also run the pazking figures and haue come up with 1,408. The e�sting lot has 1,396. Their goal is to redevelop the five acre piece of land. Mr. StraUunan staxed the signage looks consistent with other signs on the building. Tom Bina, contractor, responded it will be similar to other signage on the Midway Shopping Center. Michael Michlitsch, 3870 Effress Road, White Bear Lake, appeared and stated he is currently representing the charities moving into the proposed site. The four charities have been invoived for at least nine years, specifically in bingo and pull tabs: 1) Midway Training Services offers services to people with developmental disabilities, 2) Midway Transportation provides transportation to people with disabilities, 3) Church of the Holy Childhood, and 4) St. Mary's Greek Orthodox Church. They currently all hold a Class A license at Midway Bingo Palace on Lexington and University. All four organizations depend on the funds from charitable gambiing. Mr. Michlitsch assumes the security at 1508 University wiil be snnilar to the Lexington and University site in that it will have a uniform securiry person during the evening sessions to assist any customers that would like to be wallced to a vehicie. They have had few problems in the last nine years. The bingo hall will also use a private security service and off duty Saint Paui Police Officers. Midway Shopping Center also has security in a vehicle availabie in the evenings. NIr. Ludemann stated this will be an entirely different environment. There will be more tr�c and more crime. Mr. Finley responded he believes that most of the people in the Midway Shopping Center aze good people and shoppers. Crimes of opportunity wili decrease because there will be more witnesses. The bingo operation will be located in the center. This is a true economic benefit to Midway Shopping Center and the whole community. People who are lransportation disadvantaged can now make a trip to the bingo hall and go shopping. Mr. Finley has represented the owner of the shopping center for years; if there is a problem, the owner will address it. Mr. Finley hopes Mr. Strathman wili not lose sight of the fact that this is a pernutted use. This space is an eyesore right now and cannot be rented. It will be gutted, a new exterior added, and new bathrooms. Ms. Rozek asked about an on site manager of the facility. Mr. Michlitsch responded it has not been decided who will be the manager, but there will be one. Ms. Rozek asked about hours of operation. NIr. Michlitsch responded they propose to be open seven days a week. Doors would open at noon, bingo would start at 1:00, and be ovez with at 4:00. Doors would reopen again at about 6:00 p.m. and bingo would start at 7:00 and again at 9:00. People will be out of the hali by 11:00 p.m. They have talked about hauing a late night COURT OF APPEALS NUMBER CX-00-1838 ��-Stl MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 4 session at 11:00 p.m. and people would be out by 1:00 a.m. However, they aze lunited to 21 sessions that they can be open in a week. Ms. Rozek asked about lighlang. Mr. Michlitsch responded there will be a new entrance with sufficient lighting. Midway Bingo will use 130 to 135 pazking spaces on their busiest night. He would assume all those people wili pazk close to the building. At least 1/4 of the space is within a short walking distance of the front door. Mr. Bina stated the landlord has provided adequate lighting in the facility. There is pazking lot lighting in the back right now, which should be adequate. The landlord is concerned about safety also and said he would take any lighting and quadruple it. Daue Nelmazk reported ihere are no outstanding obiigations against the four charities. They are good citizens in the community. Ellen Watters, President of Midway Chamber of Commerce, appeared to speak in support of the license application. The neighborhood's concerns have been articulated and addressed. This business will add to the potential of redevelopment. This location provides a good opportunity for the continued health of the bingo hall users and the potenual for redevelopment of the site. The increased activity that the customers wiil bring is a positive in terms of increased purchasing and activity. As for crime prevenfion, the more people around, the more positive environment is created. Lighting and security are ixnportant. A beat cop is working from 10:00 a.m. to 7 p.m. If crime becomes a huge problem, the Chamber of Commerce will be in line with the neighbors saying this needs to be fixed. Ms. Watters stated Midway Training Services is an important pariner in the confinued health of the Midway. They help the Chamber of Commerce pick up shopping carts in the area and trash. Mr. Strathman asked is the parking adequate. Mr. Zangs responded it is. Gerry Strathman recommended approval of this license application. He understands all the issues raised. It seems the applicant has sa6sfactorily addressed the issues. The signage seems appropriate. The security plans seem reasonable. He understands the reticence about doing landscaping in the parking lot because of poten6al development. Location makes parking less of a visual problem than in a more residential neighborhood. There is no reason to limit the license beyond the customary term of two yeazs. There will be another resolution for a variance from the required two miles between bingo locations, but that will be a public hearing before the City Council. T4ie meeting was adjourned at 10:54 a.m. (Note: Larry Zangs retained some of the items given to Gerry Strathman at this meeting.) rrn COURT OF APPEALS NUMBER CX-00-1838 '3 - 0g:58 �CIRTED f�RCHITECTS . nnema ca �e Re: Midway Cantet gy Jim Cox Date � Project No. 20t0.00 oa -�� COURT OF APPEALS N[JMBER CX-00-1838 DOCUMENT #6 A review of the current center tenants space and proposed tenants is as follows: SCIiEME 'C' Retail Common HalUCira Office Fast Food Restaurant Sowting Bingo 90 Guest inn Restaurant (out lot i14) Area 242.244! 28� 3200 / 5000 2427 / 350 sa�ai��o 'I 1612/125 32 lanes x 4 Parking 865 1 7 31 � �`�S' J � 128 10,000 / 75 133 � � sa �b�,1��0�' 6000 / 100 80 Tatat Required Existing Statls �44� (� TS 1396 �5� ; '(�ay�. ea 0. 1Z�u��-Q-- �5-1-�-�"��C.' �s..a.� '� Lv '{., un�,�,l,cQ. ct,�� b"'� 1.LO.,E.9,. TM b.eelaD.d �nehReew Wc. A Ccx/9uefow ComPa^Y 241 SouD� devaMrW Avenue Sai�t pa�. M'innesota 55105�1299 TeleD� 851l698•0808 Facstrr�fie 85'l/898�0459 emau raaeraarcA.eom f1.� � a ca.. w� � � � �. w,�s � �,I� �.' �t'' � � � c.s w-�-t( a.d F+� " ba�l��k. � MPR 29 2000 09�52 651 698 6459 651 698 0459 P.06i07 � The �lssoci�ed Arch�ects PRGE.06 09�58 ASSOCIQ7ED FlRCHITECTS � �- �. r: ��` .�.IX''_`."� ... \." I/ V t ' � -� — � � / . � i % - {' i I ! f I' � _ �� I I� I � r i SITE PLAN ALTERNA7E 1. r=sa ° xt ^ i I � ��T� � � a�7 x OK ; � �� ` ��' � §� � I � �I 1 ' '� hWR 29 2000 09�5 COURT OF APpEALS NiJMBER CX-00-1838 s f �� u � � �� 651 698 0459 P.fl?i0? 651 698 8459 �� .`. -., _ '• ZONING CODE rectly with customers. All goods produced on the premises shall be sold at retal oa the premises where produced. (2) Escept for off-street par�ag or loading, all business, storage, servicing or process- ing shall be conducted within completely enclosed buildings. (Code 1956, § 60.483; C.F. No. 92-1479, § 4, 12-15-92) Sec. 60.524. Principal uses permitted sub- ject to speciai conditions. The following additional uses shall be permit- ted, subject to the conditions hereinafter imposed for each use and subject to the standards specified for all special condition uses as set forth in section 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) Publicly owned buildings; public utility buildings; telephone eschange buildings; electric transformer stations and substa- tions; gas regulator statians with service yards, but without storage yazds; water and sewage pumping stations. (2) Railroad right-of-way, but not including terminal freight facilities, transfer and storage tracks. (3) Hospices serving sixteen (16) or fewer facility residents. (4) Shelters for battered persons or transi- tianal housing serving siateen (16) or fewer facility residents, provided they are not located in a planning district in which one (1) percent or more of the population lives in licensed human service community res- idential facilities, licensed correctional rnm- munity residential facilities, health de- partment-licensed community residential facilities, transitional housing, shelters for battered persons, emergency housing or overnight shelters. (5) Cellulaz telephone antennas located on a freestanding pole, as regulated in the OS-1 district, section 60.514(6)a. through g. Supp. No. 41 _� oz�!�� . # 60.532 (6) Accessory buildings, structures and uses customarily incideat to the above permib ted uses. (Code 1956, § 60.484; Ord. No. I6956, 3-9-82; prd, No. 27039, 7-7-83; Ord. No. I7845, $ 23, f>.27-91; Ord No. 17894, § 2,12-3-91; C.F. No. 93-1718, $� 36, 37, 12-1493; C.F. No. 93-1815, § 1, 12-2&93; C.F No. 97-565, § 9, 6-21-97; C.F No. 99-750, § 3, 9-1-99) Sec. 60.525. Area, bulk and setback require. ments. See Chapter 61, Schedule of Regulations, lim- iting the height and bulk of buildings, the mini- mum size of lot by permitted land use, and providing minimum yard setback requiremeats. (Code 1956, § 60.485) Subdivision 3. 60.530. B-2 Community �usiness Distrirt � :,�, �^�' � Sec. 60.531. Intent The B-2 Community Business District is in- tended to serve the needs of a consumer popula- tion larger than that served by the "Local Busi- ness District," and is generally chazacterized by a cluster of establishments generating lazge vol- umes of vehiculaz and pedestrian trafTc. (Code 1956, § 60.491) Sec. 60.532. Principal uses' ermitted._„<. ��.,.__��,_ � , .�� In a B-2 Community Business District the use of land, the lceation and erection of new buildings or structures, and the alteration, enlazgement and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses unless othenvise pra vided in this code: (1) All principal uses as permitted and as regulated in a B-1 District. (2) All retail business, service establish- ments or processing uses as follows: a. Any retail business whase principal activity is the sale of inerchandise in an enclosed building. 551 COURT OF APPEALS NiJMBER CX-00-1838 DOCUMENT#7 § 60.532 LEGtSLATIVE CODE �C -�9 t b. Any service establishmeat of a vet- eriaary clinic, aa office, showmom or workshap nature of a contractor (in- cluding, but not limited to, plumb- ing, heating, air conditioniag, elea trical, mechanical), decorator, dressmaker, taiior, baker, painter, up- holsterer, or an estab]ishment doing radio or home appliance repair, pho- tocopying, and similaz service estab- lishments. c. Private clubs, fraternal organiza- tions, liquor licensed establishments and lodge halls. d. Restaurants and fasGfoad restau- rants whea incorporated within a multi-use retail center and wluch do not provide drive-through window 'ce. �� e. Thea e ly halls, auction �' n4 �r-� halls :bingo�'ii"711�; concert halls, re- f ,�,.= � ception �� similar places of ` k assembly when conducted comoletely �f" within enclosed ui diags. f. Business schools, nonacademic col- leges or trade schools operated for profit. g. Colleges, universities, and seminaz- ies, and other such institutions of higher learning, public and private, offering courses in general, techni- cal, or religious education and not operated for profit; provided, that: 1. Dormitories or other graup stu- dent housing shall not be per mitted within the district; 2. When an iastitution is estab- lished in the district, the insti- tction shall be required to pro- vide the minimum number of off-street parlang spaces for em- ployees, staff, or students as set forth in section 62.103(g). The institution shall be re- quired to provide additipnal parking spaces only when the minimum number of par}dng spaces will have to be increased due to a more than Len (10) percent or three hundred (300) gain in the total number of em- ployees, sraff or students, which- - ever is less. Thereafter, addi- tional parking spaces will have to be pxovided for each subse- quent gaia of more thaa ten (10) percent or three hundred (300) in the total number of employees, stafforstudents; and 3. 'Ib determiae compliance with pazldng requirements in item 2. abwe, the institution must file an annual report with the planning administrator stating the number of employees, staff and students associated with the institution. h. Mail order houses. i. Health/sport clubs, conversation/rap gazlors, massage parlors and steatn room/bathhouse facilities which aze not adult uses. j. Food catering establishments. k. ,.. Public, pazochial and other private elementary, junior high or high schools offering courses in general education, and not operated for profit Brew on premises stores as regu- lated by Minnesota State laws. C,offee kiosks. n. Fully enclosed auto sales when in- corporated within a multi-use retail center. (3) Recycling drop-off station; provided, that the facility: a. Shall not cecupy an azea more than two hundred (200) squaze feet and shall not interfere with pazking and maneuvering requirements of the principal use; b. Shall be screened pursuant to sec- tion 62.107 if it abuts a residential use or district; Supp. No. 41 a52 COURT OF APPEALS NLTMBER CX-00-1838 �� 5 � `�, � z � � -P�-se�� ----�----- �- r � ----------'_ � 4 4 /a,/a� � �-�� -�� : � . � x � ---� � . �/��/ � / G� � �� COURT OF APPEALS NUMBER CX-00-1838 DOCiTMENT #8 _� —^ ' ! ' � ._, ,. , I �� , ,;. , _� �___ - �� .. � ;: �. i; _.� � .. . � � . _'� � . _� = -. ' T . ;• • +r .� ! ! • ` � � � J� -= B� � ��:��: , :_ �-_: � � :;" --.;�_ � . � ; � . .rI : •�• � � ' . , 1 • � _� � ,. I�i��i;j�:. i ! � + '� .�� —��,, �� ± � � _ � �� ; . � ,:. �� , � � . _ � � �� i s . '� � � ' . � � � _-_ � `\ j 1 �Y T � 5.. � �': � I , y „n ' �, �, i � � � � � j �� I � �-::... ` � J � i � ��$ �� ..�-_ _ ��' � �� r� � i l �: � �� t� �� 4 � � �� _ r--�„ ,; .� ; �°s_ - _ � *� .�� ``, ; --- .;� l.,; ; : . � -----------7 . �� ; , ;� ; @ 4 � � .q- � �u��. 1 ,�. � i i � 2! , I �� ':" ' ; '�, . ,,._ _� =,1 �. � ... ..� .� � . : :�r • • � � "� i i� • • • • `� i � , �_ .. ; 00 � �� W �V , � � � �� t �r � � �� 1 COURT OF APPEALS NUMBER CX-00-1838 DOCL7MENT #9 CTTIZEN SERVICE OFFICE F�ed Owusu, City C7erk CITY OF SAINT PAUL Norm Co[eman, Mayor i�o cxy aorr IS W. %llogg Bou[evmd SaiwiUPmd,.Hinnesata SSIQ2 TeL: 65I-266-8989 Fac 65I-266-8689 Web: Irup://www.slpauLSw 7DD: 266-8509 November 22, 2000 At the direction of Saint Paul Assistant City Attorney, Virginia Palmer, the original copies of all docmnentation relating to Council File #00-868 and 00-891 resolutions to grant Midway Center Bingo a waiver of the distance requirements in the Legislative Code and to grant Midway Center Bingo a bingo hall license, have been sent to the Clerk of the Appellate Courts in order to satisfy the requirement of Court of Appeals File Nwnber: CX-00-1838. The copies have been filed as the original documents in the City Clerk's office files. r�9iG�L/L . ' it�7/'� Fred Owusu City Clerk C-� 4 // ° CN"z-2 Shazi Moore Deputy City Clerk STATE OF MINNESOTA COUNTY OF RAMSEY ss. Frederick K. Owusu, City Clerk, being fust duly sworn, deposes and says that on November 22, 2000 he served the attached: Index to the Saint Paul City Council File Nos. 00-868 and 00-891 upon the following attomey(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. Clayton Robinson Saint Paul City Attorney Virginia D. Palmer Assistant Saint Paul City Attorney Atty. Reg. No. 128995 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Robert D. Maher Best & Flanagan LL.P 4000 US Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Attomey for Petitioner /> _ c� /�' � C c l��'�— Subscribed and swom to before me this �a "`� day of ncue✓nber 20 v 6 �� Notary Public SHARI A. MOORE .� � WOTARYFt;BIfC-hl![�f$SOTA 69Y CAMMISS36N EXPIRESJAN.31,290� CITIZEN SERVICE OFFICE F2d Owusu, City GeAc CITY OF SAINT PAUL Norm Caleman, Mayor November 22, 2Q00 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 2B Constitution Avenue Saint Paul, MN 55155 Re: Oak Grove Properties, Inc. Appellate Court File: CX-00-1838 Dear Mr. Grittner: HAND DELIVERED Enclosed herewith please find an index and originals of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attomeys for Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, ��;�� /l. ��' �°� Frederick !C. Owusu City Clerk ]70CiryHaI1 Tel.: 651-266-8989 ISW.KelloggBoulev�d F¢r. 657-266-8689 S¢6u Pau{ Nfwresata 55102 cc: �rginia Palmer, Assistant City Attomey (index only) Robert D. Maher, Attorney at Law (index only) BEST & FLANAGAN LLP ATTORNEYS AT LAW Robert L Cros6v Leovard 1L Addmgmu \. l�aher Gcaff Alle� D. Bamud R�ahard A Peterson Roben L Chr�snamon. Jr. F'cenk] A�dlz }'rank bogl �larinus R 4'an Puuen. Jr. John A. Burton, & �amv c. ��a.�� 'fhomae 6. Helfelfin�,u Robect L. Mellu. l�- Moxru F, Knop( ,lud�th A. Aogosheske Sco¢ D. Bllec Chartes C. Buquist �. Se�eph LaFa�e Gvevory D Soule Cathy F Goc6n Pamck B. He�nesey Timotk�y A. Sullieau llamel R.W. _Vekon David J. Zubke Ste�en P Krugu Paul E. Kami�sla Ross C. b'ormell Caryn S Glwer Mary E Sheeven Batba�a M. Ross Catherine J. Coum�ey Jennnice M Red�ng Saceh Cuppe�.Y�sdiso� Rober� D Maher Chnemphe�D Johnson M�ohael H. Pi�k 1�u a �o�r Damel A Kap]an Ro6eri M. Lew�s Jesneue Q Roegge Den�ee M. Brvnsoo Cynthia L. Hegany 1larlene A. Petecson Wl�c6elle eergholz Fraz�er B�en W. Kens�ck� David C. bluryhy OFCOLVSEL Wa�d B Le�vPs Arohibatd Spencu [tobert M. Skace John R Carzoll 7ames D. Oleon Sco¢ P. Moen 7ames I. Bevt �wz-��ira RnLeal.FLaewgan is�sivra 4D00 liS Bank Place 601 Second A�enue South Vlinneapolis, 4lmvesota 55402-4331 Telephone 612 339 7121 Facsimile 612 339 589 � ��v.�c.besdax.com Direct Dial: 341-9732 E-mail address: nnaher@beNaw.com VIA MESSENGER October 23, 2000 Mr. Fred K. Owusu City Clerk City of St. Paul 15 West Kellogg Boulevazd St. Paul, MN 55102 RF��I�/EL� ocj 2 s 2aoo �fTY CLERK ��13�� ,(S OOOZ � z 1�0 03 � 1 �3��r Re: Oak Grove Properties, Inc. v. City of St. Paul Dear Mr. Owusu: Enclosed herewith and served upon you please find Petition for Writ of Certiorari, Statement of the Case of Relator Oak Grove Properties, Ine. and proposed Writ of Certiorari in connecfion with the above-captioned matter. Also enclosed is our check in the amount of $500 in lieu of the cost bond. Very truly yours, /l C%�' `� �/// i �� Robert D. Maher CIIIlI Enclosures 11262\951649\127502 POII�DED 1926 STATE OF NIINNESOTA IP1 COURT OF APPEALS Oak Grove Properties,Inc., Relator, vs. City of St. Paul, Responc3ent. Appellate Court No. STATEMENT OF THE CASE OF RELATOR OAK GROVE PROPERTIES, INC. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 I. Court or aancv of case orioinarion and name of presidins judee or hearing officer: City of St. Paul City Council, Dan BosYrom, Council President. 2. Jurisdictional Statement. This matter is before the Court on Relator's Petition for Writ of Certiorari and Writ of Certiorazi pursuant to Minn. Stat. § 606.01 et seq. and Minn. R. Civ. App. P. ll 5. The St. Paul City Council passed the Resolution on September 27, 2000, and the Mayor approved it on October 4, 2000. State tvpe of litieation and desi¢nate anv statutes at issue. Oak Grove Properties, Tnc. seeks judicial review of the St. Paui City CounciPs waiver of the requirement that there be two (2) miles between licensed bingo halls and its grant of RK Midway, LLC's application for a bingo hall license to be located within two {2) miles of Oak Grove Properties, Inc.'s existing bingo hall. The St. Paul City Ordinance at issue is § 403.01 et seq. and, in particular, § 403.05, Subd. (b}. 4. Brief description of claims. defenses. issues ]itigated and result below. Oak Cnove Properties seeks review and reversal ofthe St. Paul City CounciPs waiver of the requirement that there be two (2) miles between licensed bingo halls and its issuance of a bingo hall license to RK Midway, LLC for a bingo hall to be Iocated within two (2) miles of Oak Grove Properties' existing, licensed bingo hall located at 451 N. Lexinb on Pazkway in St. Paul. Section 403.05(a) ofthe St. Paul Ciry Code requires that a minunum distance of tcvo (2) miles be maintained between licensed bingo hails. The City Council may waive the distance requirement upon a finding that the location of the proposed site would provide economic development benefits without significant negative impact on residential or commercial uses, pursuant to §- 403.05(b) of the St. Paul City Code. RK Midway applied to tke Ciry of St. Paul's O�ce of License, Inspections and Environmental Protection (" LIEP" ) for a bingo hall license and waiver of the two mile distance requirement on 7uly 25, 2000. LIEP recommendec3 to the St. Paul City Council on September 18, 2000 that the application be approved. RK Midway, LLC's waiver and license application were placec3 on the City CounciPs September 27, 2000 agenda for a public hearing. At the public hearing, Relator presented testimony that waiver of the distance requirement would not provide economic development benefits and would, rather, have a negative impact on commercial uses. Specifically, Reiator informed the City Council that (1) the charitable organizations using Oak Crrove's licensed bingo hall indicated their intent to abandon their operations at that site and commence bingo occasions at the RK Midway bingo hall if and when RK Midway's license was granied and (2) there aze not enough bingo patrons to support bingo halls at both sites. The City was awaze, therefore, that the creation of alleged economic development benefiYS at The RK Midway site was really only a transfer of economic benefits from one site to the other, at the expense and to the economic detriment of Oak Grove. After the pubiic hearing, the City Council passed a resolution granting the waiver and the license. The Mayor approved the City CounciPs resolutfon on October 4, 2000. 5. Issues to be raised on apgeal: A. Whether the City Council's waiver of the two (2) mile distance requirement and issuance of a bingo hali license to RK Midway, LLC was azbitrary and capricious and unsupported by substantial evidence in view of the entire record as submitted. 6. Is transcriQt required? Yes. A transcript of the audio taped proceedings is required. If so, full or partial transcript? Full. 7. Is oral argutnent requested? Yes. If so, is azgument tequested at a location other than provided in Rule 134.09, subd. 2? No. 8. Are formal briefs nacessarv? Yes. 9. Names addresses. zip codes and telenhone numbers of attorney for appellants and res�ondents. ReIator Oak Grove Properties. Inc.: Frank J. Walz Caryn S. Glover Robert D. Maher BEST & FLANAGAN LLP 400 U.S. Bank Place 601 Second Avenue South Minneapolis, Minnesota 5�402 (612)339-7121 Respondent Citv of St. Paul: Vizginia Palmer Assistant City Attorney 15 West Kellogg Boulevard Suite 400 St. Paul, MN 55102 (651)-266-8710 3 Dated: !� y3 Respectfully submitted, BEST & FLANAGAN, LLP B / Frank J. Walz (Atty. eg. # 114327} Caryn S. Glover (Ariy Reg. #183040) Robert D. Maher (Atty Reg. #220863) 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR RELATOR OAK GROVE PROPERTIES, INC. ACKNOWLEDGEMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. Stat § 549.211, Subd. 3. //��' �' _ /` ` iz�zo� r � . RECEIVED �CT 2 3 200Q CiTY CLERK Oak Grove Properfies, Inc., vs. City of St. Paul, STATE OF MINNESOTA IN COURT OF APPEALS Petitioner, Respondent. Appellate Court No. PETITION FOR WRTT OF CET2TIORARI Date of City Council Decision; September 27, 2000 Date Approved by Mayor: October 4, 200Q TO: Frederick K. Grittner, Clerk of the Appeliate Courts, 305 Minnesota Judicial Center, 25 Consritution Avenue, St. Pau1, Minnesota 55155. The above named Petitioner hereby petitions the Court of Appeals for a Writ of Certiorari to review a resolution by the City of St. Paui, St. Paul City Council, dated September 27, 2000, granting the request for a waiver of the requirement set forth in Saint Paul Legislative Code §403.05(b) that a minimum distance of two (2} miles be between buildings licensed for bingo halls and granting the application of RK Midway, LLC for a bingo hall license. This appeal is pursuant to Minn. Stat. § 606.01 et seq. and is based upon grounds that the Ci1y Council's resolution is arbitrary and capricious and unsupported by substantial evidence in view of the entire record as submitted. Dated: / v 2 0 � Respectfuity submitted, BEST & FLAiti1AGAN, LLP By i ��i�ti� Frank J. Walz (Atry. Reg. #11432'� Caryn S. Glover (Atty Reg. #183040) Robert D. Maher (Atty Reg. #220863) 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR PETITIONER OAK GROVE PROPERTIES, INC. - ACKNOWLEDGEMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. SYat § 549.211, Subd. 3. , � i27i26 �CT-26-29�� 09�1E CITIZEN SEP.VICE OFFICE 612 266 8689 P.62i62 �ouncu rue .-� vp � 4 -� � Grccn Shcct m �/ �79,� RESOLL'TION CITY OF SAINT PALZ, iV1IN:VESOTA 4� Presented � Referred To Committee: Datc 1 WHEREAS, RK �lidway, LLC, d/bia Midway Center Bin�o, has applizd for a bingo hall 2 ficense at 1508 W. University Avenue; and 4 WHEREAS, a bingo hall license is currently issued to the premises at A51 N_ Lexington 5 Pazkway, which location is within a two-mile radius o£ 1508 W. University Avznue; and 10 11 12 ]3 14 1� 16 I7 18 19 20 21 22 WITEREAS, Saint Paul Legzslative Code §403.05 requires a minimum distance of two miles bctween buildings licensed for bingo fialls, but §403.05(b) peimits the distance requirement to be waived upon a Fnding by �e Council thal the location of the proposed site would provide economic development bznefits witbout siguificant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow more than one a bingo hall within t�vo miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee ownzr of an existin� licensed bingo hali within the two mile radius; and WHEREAS, the Council has determined, based upon the application, written submission by applicant and such testirnony as may havc becn hcard at the public hearing on this matter, that ihe waiver requirements have been met and that a waiver shonld bz granted; now therefore, be it RESOLVED, that the applicant RK Midway, LLC, d/b/a l�iidway Center Bzngo is hereby granted a waiver of the distance zequirements contained in Saint Paul Le�islative Code §403.05 and the application for a bin�o hall license for the premises at 1508 W. liniversity Avenue is hereby p anted. �eevesced by �epart;nent o:: i ��`' � '-/' �orm apnrcvad by Cicy acco:r.e�� By � Sae. .��.� apprcved b V M3yGZ °OY `11bin>33:OR LO COUriCl; H.�: �^� (� � .'-.Dpro.�ed by Hayor: Da[e � �l.�(}'� B�•: eY: T�TAL P.�.=. adop[ad by Couacil : D�te �_ �. 2 r / J-/-� e�� —�°� ^—_> Adoocio^_ Cer�iiied �f Cc_^.cl'- SecreLdTy STATE OF Pv1INNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, Respondent. Appellate Court No. WRIT OF CERTIORARI Date of City Council Decision: September 27, 2000 TO: City of St. Paul, City Cierk, 15 West Kellogg Boulevard, Suite 170, St. Paul, Minnesota 55402. You aze hereby ordered to return to the Court of Appeais within ten (10) days from the date the Relator's brief is due the records, e�ibits and proceedings in the above-entitled matter so that this Court may review the City Council Resolution dated September 27, 2000 and approved by the Mayor on October 4, 2000, where the St. Paul City Council granted the request for a waiver of the requirement that a minimum distance of two (2) miles be between buildings licensed for bingo halls and granted the application of RK Midway, LLC for a bingo hall license. Copies of this Writ and accompanying Petition shall be served forthwith, personaily or by certified mail, upon the City of St. Paul and its Assistant City Attomey, Virginia Palmer, 15 West Kellogg Boulevazd, Suite 400, St. Paul, Minnesota 55402. Proof of service shall be filed with the Clerk of Appellate Courts. Dated: CLERK OF APPELLATE COURT By �nis� � N � � _ � '� w � w _ � � •' ru o � 3 r z O r a � ❑ > p z � Q T �'� O � � � D Q7 S � � u� S P1J � �. � W D � ; r �o m a O i << � 00 o� �m � � � 0 � �i > C r G � G ➢ r m � m 0 c � > � * � < .� z b � C z d 0 0 0 0 C O t � � iE � .. 0 N � O y �m O H> n ° oo jc O y � ! � � � �� , r"r ` ' ��. ` � z z;� � 9 n � � � C c�r�� N � � W ' � G � Z z � �NC� N � � j � O O T � C w '—' � m Z Z z , >oo � o-= -�� o jOD c ;�> ti=�� , z m � O � y � N C.SI � � W w BEST & FLAN�GAV LLP ATTOR\EYS.?T LaW" ao�,rn c. c��.i>, ix��a�a u. iad�� „ v �vai�r�c��a .Allen U. Barnard Richned 3. Pelerson Robra J. Chn�pamon. ]�- FrankJ.\�aL Pmnk Voel ��,�,�,„ ��„��„��.�,.i� J��Ln.t. Bun�nJr J.,,"r U��s.l<, '1'Lonias Ii Hi�firlfn�,aer liubrnl.. Afelle�.�� N�mn E. hniip! ludith> 6o_mLe.f,e ,�„�� u. r;w-� r.i��,dr, c. i;,��.i i:.J��.r„i, i.�t��- r,��., u. ��,�n Cnihv F_ c.��di�i Pnwo-A R. H�-��nr..� "IAmoiL. 1. anlln.�n u��r� �; �� ,.�.�„� ��,�� . z„�,�� ,«�r�� ,.+.��, r�,a i... �.��„��,.ti� it�,., c H,��u c„��s c,�,�� Nan F.�L��.uen Rmbar�q 1{,�,� (.at6Nnn�-J- Cm�nm�. �eanR��e ��Zei{in5 drd�i G�ppen ��ddi.on Itobr.n D, ll.J�e� ci,��,�oNi�F� o. i�i��.�� V��6arl H Pinf. LII 13. I,�uu Damel { I:npinn aoi�ert �� t.�„��s Jea�ette 0. Ror;�;e Dem,r VI. ftrun.on Cvnihis I . Heran. Nadrne 4 Peleov�n \h��hrllr Rrrv,;holi P'raner 13nan R' hrmieki Da.ul(.. 1lurph� OPCUlb41. l4anl B 1.en"v� drehibeld 3prn��rr Itohen 11. 5kace Joh� N. Cavmll James D Ukon �a ou P. lloen J��ne� 1. I3,>t 1'nn.I W"� Ruben 1. 4�an.�n inrkio; i 4000 li5 Bank Place 601 �econd �venue �outh Hinneapolis, �finne,o[a i.i�}02-4331 Telephone 612 339 . Facsimile 61=> 339 �39 i www.besdaw.com Duect Dial: 341-9732 E-mail address: Imahet@bestlaw.com VIA MESSENGER October 24, 2000 Mr. Fred K. Owusu l�,lfj' lllel�t Clt}' Of .�t. P2i11 15 West Kellogg Boulevazd St. Paul, MN 55102 Re: Oak Grove Properties, Inc. v. City of St. Paul Appellate Court No. CX-00-1838 Deaz NIr. Owusu: �tECEi'✓E� �l�P 2 � L�QQ �.�rv �LER� Enclosed herewith and served upon you please find Writ of Certiorazi in connection with the above-captioned matter. _ Very truly yours, � //`i' � Ro ert D. Maher CI111I' Enclosure 11262\951649\127502 fO�NDEU I)LG STATE OF IvffNNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, /1ppF A7-�F� �F ° � r 2 � 2000 �i� E� Appellate Court No. C'.X -�- j$-� g' WRIT OF CERTIORARI Respondent. Date of City Council Decision: September 27, 2000 TO: City of St. Paul, Ciry Clerk, 15 West Kellogg Boulevard, Suite 170, St Paul, Minnesota 55402. You aze hereby orderad to rattiun to the Court of Appeals within ten (10) days from the date the Relator's brie£is due the records, e�ibits and proceedzngs in the above-entifled matter so that this Court may review the City Council Resolution dated September 27, 2000 and approved by the Mayor on October 4, 2000, where the St. Paul City-Council granted the request for a waiver of the reqnirement that a muumum distance of two (2) miles be between buildings licensed £or bingo halIs and granted the application of RK Midway, LLC for a bingo hall licensa. Copies of this Writ and accompanying Petition skall be served forthwith, personally or by certified maii, upon the City of St. Paul and its Assistant City Attomey, Virginia Paimer, 15 West Kellogg Boulevard, Suite 400, St. Paixl, Minnesota 55402. Proof of service shall be filed with the Clerk of Appellate Courts. Dated: _(� p 127157 CLERK OF APPELLA3'E C4URT B �-'- -� BEST & FLANAGAN LLP ATTOR\EYSAT LAN 4000 US Bank Place 601 Second 9�enue South �lirmeapolis, �4�nnesota ��402-4331 Telephone 6123397121 Facsim�le 612 339 5897 S�n.-�c.besda�v.com E-Mail Address: celover(cr�.bestlaw.com Robert L Crosby �RO�a� �t..�aa��o� � ��ei�e�cr�e Allen D. Bamard fLche�d d. Pereoson Nobert7. Chnshannon.7r F�a�k J. aa�� Fce�k Vogl blaunus R'. Van Putcen, Jr JohvA 13uimq]r James C Dmaeles ThomasB HeHel6ngec Rabert L. Melle�,.lr Moms E Knop( Judith 9. Nogosheske s�un su� Chades C Becqummt E. ]oseph laFe� e Greoory D So�ile Cathy E Godm Yamek B. Haaaessy Tunothy A. Sulin an Damel R N Veleon Dav�d 7. �u6ke Sie�eu A Kruger Paul E Kaminski Roee C. Forniell ce cio�e� �a� e. sh��e� Ba�b�a M. Ross Catheo�eJ.Conrt�ey leanmce M Redm; Sa�ah C�ippe� �7ad�son Robert D 1lehec CbnsropherD )ohnwo M��he�l H. P«k h➢ B Laorz Gamel d. Rapla� Robert Yl.7zw�c Jeanene O. Roegge Demsel[ Bruvson C�mhu G. HegMy \7acle�e 4.Peteroon Vhrhelle Be��olz Fiu�e� Bnau IX! Kens�rk� Aavid C �Iu�phy GFCOC]SBL �S'ard R. Le�v�. 4�ch�bald Spenaer 2oben M. Ska�e Jd�n R. Ca�r�ll .lames R Olson Scott H Moen .lames I Beat 19Jh]965 RoAertJ.Flanaga� ia�eiecn Mr. Fred K. Owusu City Clerk Cit�,� of St. Pau! 15 West Kellogg Boulevard St. Pdul, MN 55102 RE: Oak Grove Properties, Inc. v. City of St. Paul Appellate Court No. CX-00-1838 Deaz Mr. Owusu: ��T F ��y�� , ��0 ��' I October 26, 2000 Pursuant to Minn. R. Civ. App. P. 115.04, subd. 2, Relator Oak Grove Properties, Inc. hereby requests and orders a transcript of the audiotaped proceedings before the City Council in the above-referenced matter. Please contact me at your earliest convenience so that we may make appropriate fmancial arrangements for the transcription of the audiotape. Thank you for your courtesy. Ve2y t77Uly yOUT'S� � i� • /� � !� / Caryn S. Glover CSg�YyS 127783 I FOGnDEDl925 STATE OF MINNESOT COURT OF APPEALS NOTICE OF CASE FILING Trial Court Case #: Case Type: Agency Review ST PAUL CITY COUNCIL SUITE 170 15 WEST KELLOGG BOULEVARD ST PAUL MN 55402 Case Title: Oak Grove PropertieS, Inc., Relator, vs. City of St. Paul, Respondent. * �� o O� �i You are notified that case number CX-00-1838 has been assigned to this matter. Please include this number on all subsequent filings, including correspondence, to this office. Also, please include your Attorney Registration License number on all filings. The appendix to your brief must have pages numbered consecutively from beginning to end and must contain an index. Failure to comply may result in rejection of the appendix. This office will send notice to the Trial Court Administrator when transmission of the trial records and exhibits is required. *** Appellant must promptly order transcript within 10 days and file completed certificate within 10 days thereafter. Minn. R. Civ. App. P. 110.02. *** ORIGINAL AND ONE COPY OF THE REVISED FORM 133 STATEMENT OF THE CASE ARE REQUIRED (SEE AMENDED RULES OF CIVIL APPELLATE PROCEDURE FOR CORRECT FORM). PURSUANT TO THE COURT'S ORDER, ANY DEFICIENC?ES NOTED NNST BE REMEDIED WITHIN TEN DAYS. FAILURE TO COMPLY WITH THIS NOTICE, ALL APPLICABLE RULES, COURT NOTICES, AND ORDERS, MAY RESULT IN TAE IMPOSITION OF SANCTIONS. Dated: October 23, 2000 BY THE COURT: Frederick K. Grittner Office of Clerk of the Appellate Courts 305 Minnesota Judicial Center St. Paul. NIN 55155 Transcript of St. Paul City Council Meeting September 27, 2000 TABLE OF CONTENTS Testimony ofRobert D. Maher......--• .............................................•---.................. 2 Testimony of Don Ludemann.....-•-•-•----�--•--• ........................................................ 6 Testimony of Paula Maccabee .............................................................................. 9 Testimony of Ellen Waters ................................................................................. 13 Testimony of Bazbaza Kale ... .............................................................................. Testimony of Jerry Penon ...................................................................................18 Council Secretary: Item 48, Resolution 00891 Waving the rivo mile distance requirement for RK Midway d/b/a Midway Bingo Center, 1508 West Uruversity Avenue, and granting the application for a bingo hall license. Council President Bostrom: Mr. Kessler. Kessler: Mr. President, members of the Council. In regard to the new bingo hall at Midway Shopping Center, license staff recommends the approval of the application at the Midway Shopping Center because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00314. L.I.E.P. staff, in consultation with David Gontazek of the Departrnent of Planning and Economic Development, finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and under-utilized azea of the shopping center. The physical location is sepazated from the residential uses by Interstate 94 to the south, the MTCO bus garage to the west, Cub Foods to the east and the Midway Center itself to the north. L.I.E.P. also believes that the concept of obtauung the consent of neighboring bingo halls to allow a new bingo hall to locate within the two mile radius of an existing hall does not make sense. Not only aze there probiems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing agreements. We urge your approval of the application of the proposed legislation that aliows for the waiver. I'd be glad to answer any questions regazdin� this that you might have and am also awaze that there are others here that wish to speak to this issue. Bostrom: Are there any questions of staff before we begin the public hearing? Alright, thank you Mr. Kessler. This is a public hearing and I just advise folks we a11ow 1� minutes on each side. With something like this you don't have to take it but that's whaYs available, so what we would ask is that anyone that is in opposition to this, if you would like to address the Council. Maher: Good evening. Council President Bostrom and the City Council, my name is Bob Maher. I'm an attorney at Best & Flanagan and I represent Oak Grove Properties and Jim Riley. Jim Riley owns the commercial space at Lexington and University which includes a licensed bingo facility as I am sure most of you know. We oppose this request for a waiver. Mr. Riley has operated bingo at his site for 9 yeazs with four charities as his tenants. If the Council grants this waiver, it is our position that Mr. Riley will no longer be able to operate a bingo facility at this site. The reason being is that Mr. Riley's four tenants, these charities, have 2 indicated that they aze going to move their bingo sessions from his spot at Lexinb on and University down the street to the new Midway space, if it is licensed. And there simply aze no other chariries expressing the desue to take their place, or even to enroll now, so Mr. Riley wiil have to close his doors. That is why we oppose this request for a waiver because rather than providing an economic benefit, as the ordinance requires before you can grant the waiver, this waiver wiil simply move an existing economic benefit down the block, and there is no justification for depriving the Lexington and University azea of these benefits. On the contrary, there probably is more commercial vacancy at that end of University than at the Midway end of Umversity and perhaps a greater need for a commercial presence on that end. It would be one thing if RK Midway's application for a waiver were supported by four other or three other, or even one other charity, besides the chazities that are currently Mr. Riley's tenants, which were perhaps looking to get into the bingo business. Perhaps then maybe you would have an argument that an additional bingo facility would add an economic benefit. But that isn't the case here. Besides these four charities, there simply aren't any other charities clamoring to get into bingo, which is probably not that surprising given the proximity and proliferation recently of casino gaming and track betting over the last few yeazs. The point is that this azea simply can't support two bingo halls and the economic benefits of a waiver that are being discussed here are already present in the site that you have. If you grant the waiver, you will be filling a large vacancy on Snelling but creating an equally lazge vacancy on Lexington. And you'll be bringing thousands of bingo customers to Snelling every month but at the expense of those, iYs the same bingo customers. They'll no longer be going to Lexington. So it really has a net zero effect on sales tax revenue or properiy tax revenue or TIF support. And all of this has to be contrary to the intent of this ordinance. The ordinance says that only under special circumstances should the Council grant a bingo license within two miles of an existing facility, licensed facility. And the best reading of that ordinance is that these special circumstances require the waiver of the distance requirement to create an economic benefit, not to simply move the same economic benefits down the block. We submit that is the effect of this waiver. And there's another problem. For years, Mr. Riley has been trying to develop more of his space at Lexinb on and University, which is admittedly under- utilized. For three years, Mr. Riley has been negotiating with Home Depot for them to open a new store on Mr. Riley's property. And, in fact, the parties have essentially reached an agreement recently that will allow Home Depot to use this space and open up a new store. But all along the agreement was and is contingent on Mr. Riley fmding a site for his bingo license. The reason is that because the amount of the rent that Home Depot is willing to pay to open the store is such that it only makes sense for Mr. Riley, and is only feasible for Mr. Riley, if he can continue to earn money with his bingo license. If the Council grants this waiver request, then the value of Mr. Riley's bingo license is reduced to zero. And he will not complete the agreement with Home Depot. The economics are such that he will not be able to do that. And a significant opportunity for real, new economic benefits is going to get lost. Now, prior to RK Midway's attempt to get its own bingo license, Mr. Riley was very close to an agreement with RK Midway to locate his bingo hall in the Midway Center space. And that relocation would have allowed Mr. Riley to do the deal with Home Depot and allow a significant tenant to come into the Lexington and University azea, with obvious commercial 0 benefits. But suddenly RK Midway stopped retuming Mr. Riley's calls, and the neact thing we knew they were appiying for their own license, and now we're all here talking to the City Council about this. Obviously, we don't like how that developed and how RK Midway went from being a possible business partner to trying to take our bingo tenants away. And we understand that that is not the issue before the Council. But the important thing for the Council to know, we believe, is that this azea cannot support two bingo halls. The interest from the charities is not there. So, if you grant this waiver you won't create an economic benefit, you'll simply move it. And maybe more important, a waiver will cause the City to lose a significant economic benefit in the form of a Home Depot at Lexington and University, and thaYs an area that really could use the boost. So, for those reasons, we think you ought to deny the waiver request. Thank you. Bostrom: Council Member Reiter: Maher: Thank you. Mr. Reiter. If Home Depot wants to locate there, would the bingo hall still stay? No. The deal we're talking about with Home Depot, we would have to find another spot for the bingo hall. Reiter: Other than at that location? Maher: ThaYs right. 5 Reiter: IuF1T� Reiter: Maher: Bostrom: Ludemann: Council Member Coleman: 1117� - �f�"'iFS'S'� I see. So the tenants of the existing bingo hall, if Home Depot went in there may have a problem relocating. Well, we'd fmd a spot for them. Okay, thank you. We can't do the deal without it. Okay. Is there anyone else who wishes to be heazd in opposition to this? Sir. President Bostrom and members of the Council. My name is Don Ludemann and I'm President of the Snelling Hamline Community Council, the neighborhood that's in question here before you. First, let me apologize for my casual dress. I just got off the airplane from vacation and didn't have a chance to go home and change. What about the mustache? I can take it off too. Snelling-Hamline is by and large a very business friendly neighborhood. We have good relations with the Midway Mazketplace, the Midway Center and the dozens of businesses on University Avenue, Snelling Avenue, Selby, Mazshall. However, I am here before you to speak against this waiver, or rather for the waiver with certain conditions that I would like to ouUine C': for you. Aithough I personally don't shaze, don't have strong opinions on this matter, there aze neighbors in Snelling-Hamline who have very strong negative perceptions of bingo halls. They feel that, in fact the legislative code also feels that there is the potential for a negative impact by putting a bingo hall in the neighborhood. As a matter of fact, the license for a bingo hall is the same license that you would have to get, a similaz class of license to a pawn shop or a gun shop or an infectious waste processing facility. Obviously the code recognizes that there is the potential for a negative impact. Our desire in the neighborhood is to work with RK Midway to work with the proposed tenants, to minimize the negative impacts and maYimize the benefits. Mr. Kessler referred to a PD opinion that this facility would not have a negative impact on the neighborhood. We beg to differ. We feel that the potential is there for a negative impact. Ms. Maccabee speaking on behalf of RK Midway will no doubt tell you that the location is remote, that it's not very visible. On the contrary. It's right across the street from the Cub Store which is probably the highest volume store in that entire section of University Avenue. So it is a very visible location. I would say it's a prime location and I think that it will be very visible and potentially negative visibility for the neighborhood. So our Council feels strongly that there is a potentially negative impact. This image problem is really what hangs people up. They don't want it in our neighborhood. But beyond 'unage, when we appear befoze Mr. Strathman and we raised some very specific concerns about security and safety, about lighting, about landscaping and parking. We asked for an annual renewal of the license rather than a biannual renewal of the license. Mr. Strathman chose not to place those conditions on the license. And, in fact, we could live with that because again, we're business friendly. We trust that RK Midway will work with 7 the neighborhood to address our concerns. But we're here tonight not to talk about the license but to talk about this waivet. Whether to move the gambling, bingo from Lexin�ton and University one mile to Pascal and St. Anthony, which is the proposed new location. I have to a�ree with the previous speaker. There is no net gain. There is no net economic benefit. You're just moving it one mile down the road. But there might be a secondary benefit. There might be the possibility that the people who go to play bingo will also shop at the Rainbow or the Walgreens or have dinner at the neazby buffet. ThaYs what we in the neighborhood want to ma�cimize aze the benefits and mnumize the potential negative impact. So what we're asking the Council to consider is our efforts to work with RK Midway and the potential tenants and masimize the positive benefits and minimize the negatives. Quite frankly, I don't know what to ask you for. Are those conditions on the license? Is that laying it over until the neighborhood and the businesses can work something out? Pm not exactly sure. But I would ask you to respectfully consider our concems. Bostrom: Okay. Yes Mr. Reiter. Reiter: What are the negative aspects of the bingo hall? Ludemann: Again, personally I don't. Reiter: No, but you mention them throughout your speech and I, you know, Pd like to lrnow what they are because I'll be honest with you, I've worked at church bingo F:3 for 20 yeazs and I don't thiuk we ever had a police call and the average age was Ludemann: Reiter: Ludemann: Reiter. Bostrom: Illff - ��'�FS�iI Bostrom: Maccabee: 50 or 5�. So, you know, I don't look to any riots or big problems. Council member Reiter. I concur with that. The concem of the neighbors is not so much for the patrons of the bingo hall. IP s for people who might prey upon them. Pickpockets, purse snatchers, that type of thing. That's why we aze concemed about security. People going to and from their cars. Make sure there is adequate lighting. That type of thing. My understanding is that, excuse me, my understanding is that they have security, off duty policemen working these sessions. Is that true? The gambling manager assured us that that was the case, yes sir. Thank you. That you Mr. Ludemann. Be sure to sign in there. Thank you. Okay. Is there anyone else who wishes to be heazd in opposition to this? Alright. Then we'd hear from the supporters of this program. Good afternoon. Good a$emoon Mr. President, Councilmembers. I'm Paula Maccabee and I represent RK Midway and I'd like to speak to this issue briefly and then we also � have a representative here from the Midway Chamber of Commerce to talk about the economic issues. And Bazb Kale who is from Midway Trainin� Services who runs the bingo and then if there aze specific questions you have about security, Mr. Miklich(?) who is an onsite manager for the bingo halls to make sure that there is safety and security and people get escorted to theiz cazs is here. As is Tom Dina who has been working with the redesign. I want to start by saying that the Council passed an ordinance that states a real cleaz guideline about when a waiver should be approved. And it doesn't talk about special circumstances. It talks about promoting responsible ownership and accountability. And thaY s what, this is happening, is that there are four tenants, four charities, Holy Childhood, Midway Training Services, the Women's Auxiliary of St. Mary's Greek Orthodox and Midway Transportation which provides transportation to disabled people, who concluded that the location at Lexin�ton wasn't meeting their needs or their customers needs for a feeling of security safety and for the shopping that the customers wanted. And so they, within the rights of their lease, which has a notice provision, they're not in any way trying to change that, sought another altemative and I was contacted by a well-known realtor in the Midway azea who I have been working with since I was on the Council, and that's how we got in contact with the tenants. And so they have now signed leases and are ready to move into the space at Midway Center. Let me talk about why this will provide economic development benefits. The first economic development benefit is that the space, and iY s about 10,000 square feet at the back of the center, has been vacant and untenantable for at least 20 yeazs now. It is untenantable because it doesn't meet code and it costs a fortune to bring it up to code. And because charitable gambling does weli, my client can afford to invest that. And that is 10 over $700,000 that will be invested on our community in tenant improvements basically as soon as the Council approves the waiver and the license. And what's important about it, and I think Mr. Ludemann mentioned it, is that by moving these tenants, these customers, and this about 15,000 people a month, into an azea where there's Cub Foods, there's Rainbow, there's Herbergez's, there's Kmart. Many of these people aze senior citizens. For many of them they aze using the bus. It's not easy to go and take a jaunt out to the shopping center by car. And so they make a day of it and they'll be spending money, having lunch, buying food, buying groceries, buying whatever pharmaceuticals and that economic development benefit will come into St. Paul. Because there isn't a similaz economic engine on Lexington, there is a difference. We will be able to capture those dollazs. And many of these people aze coming in from Minneapolis or from the suburbs so it is a benefit for the City as a whole. And particularly since the City has invested in Midway Marketplace, that is securing our own investment. Also, this Midway Center bingo ha11 uniquely will create no harms. It is at least 700 feet away from the nearest residence, and thaYs the back pazking lot and I94 going to the south. It's the whole Midway Marketplace development going to the east. IYs our whole center and then the roadbed of University going to the north, and then the bus barn and also Spruce Tree going to the west. So it is really insulated from neighbors. Also, unlike many other business situations, there is enough pazking here. IYs not going to impinge upon sma11 businesses. There is plenty of parking. We've actually made sure, in consultation with Councilmember Benanads office, that the plan for the way this bingo hall is designed and the pazking will not interfere with joint development options, which we aze hoping will be considered by Metro Transit when they look at the bus barn 11 redevelopment. So we have a situation where there is economic benefit, there's no harm to residents and there's no harm to businesses. Mr. Ludemann raised some important issues. It is also our goal to maxiinize the positive and minimize the negative. We wiil not be having huge, free standing sians. The signs will be of the same chazacter as what we have on the front of the building. And Mr. Ludemann also talked about security. At every session of bingo there is an employee there who is responsible for security. We put in extra bathrooms to accommodate the ladies. We are willing to escort anybody to their cars. There is trash pick up. And we even talked to Mr. Ludemann as this being an opportunity to begin to improve the aesthetics in the back. Now we're not going to make, there is some investments in landscaping we can't make now without interfering with the potential for future joint development. But I would talk to RK Midway, = and they're willing to do some planting along Pascal and Mr. Tombina is here from the management facility, Westbrook facility, and we're willing to sit down with the neighborhood and figure out where is the best place for those trees so we can start improving the look of the center even before we do a major redevelopment. That brings my remarks to a close. If you have any questions for me, othenvise I'll let other people talk. Bostrom: Any questions of Ms. Maccabee? Alright. Please sign in. Maccabee: I will sign in. Maybe the Midway Chamber would be the best. Bostrom: Good evening. 12 Waters: Good aftemoon, council members, Council President Bostrom. I'm Ellen Waters, P m President of the Midway Chamber of Commerce. As you may recall, we represent a few over 500 businesses in the Midway area of St. Paul, which includes the property that is in question. Actually, both properties. And we aze here today to offer our support for the waiver and the licensing. And I tliu�lc the previous speakers have done a great job of outlizun� the potential economic benefit. That's really the perspective that we shaze. From the standpoint of not what's good for any individual business but for what is best for the whole Midway business community, we feel that this is an unportant investment and we aze very pleased that RK Midway is willing to make some improvements. We encourage them to continue working with the neighborhood to address those concems. But frankly, we think on balance the evidence is pretty strong that this will actually provide some very good benefit. I also want to say that we would be happy to work with Mr. Riley at Lexina on and University to find a great use for that property. I think the facts are that these four charities are wanting to compete effectively in the marketplace that they do and that the RK Midway property presents an opportunity for them to enhance their revenues and to bring moze people to their doors and that's certainly something that we support and we think the spin-off development in terms of shoppers and increased economic activity in that area will benefit all of the surrounding stores and those retailers aze very excited with the prospect of 15,000 customers a month coming there. We don't want to suggest that Lexington and University isn't important by any stretch of the imagination. That corner has great potential and we have been keenly interested in the efforts to land Home Depot or some other similar development and want to continue to work on that. But I think if you look at the situation there 13 the fact is that it is very under utilized. There has not been much investment in recent years and it shows. And it's not an attractive environment. So for these charities to compete they have needed to look for the best opportuuity that they can fmd and they have found that at Midway Center and it's something that we support. We too are very concerned about the image of the Midway. Our mission is building a stronger Midway and we will be cazefully watching and working with RK Midway to ensure that the image issues, the crime perception, security, all of those things aze addressed. But we feei confident having worked with RK Midway over the years that we can address any of those situations that azise and that they will be responsible licensees and that on balance ali of this will actually provide great economic benefit to the whole Midway and we'll figure out something to do with Lexington as well. Do you have any questions? Bostrom: Yes. Mr. Coleman. Council- Member Coleman: I, this whole, one of the findings that we have to make specifically is that there will be economic development as a resuit of this waiver. And 1'm having just a hard time buying it. I mean, I understand, you know, there will be a lot of people coming into this thing. But if this in and of itself produced economic development, it has done nothing for the area that it already exists in. The one situation where I saw that there was cleazly the impact was over on Payne, when we got rid of the strip joint, and I think that that was pretty clear that we were able to, you know, move forwazd, that that was a better tooi for economic development than the. 14 Waters: Bostrom: Coleman: Waters: Coleman: Council- Member Benanav i:� �� Weli I think the investment that RK Midway is making of over $70Q000, which they wouldn't othenvise have made and haven't been able to make for what, 20 yeazs of vacancy, I think that's a pretty si�nificant benefit right there. Mr. Coleman. But thaYs not, that's just to the property where the hall itself would exist, right? Uh huh. I guess I just wouldn't define that as economic development. Wl�en I think of economic development I think of some spin-off activity as a result of that, and I'm just trying to figure out why it would have spin-off activity here but didn't have on University and Lexington. Mr. President, can I help? There is a difference between Lexington and University and the Midway. You know, the shopping center on Lexinp on and University. Excuse me Mr. Benanav, I think what we should probably do is allow the speakers to finish and then we can have our discussion, and if we have to call them back we could do that. Because they are on a time frame and I don't want to short them of their recitation time. IS Waters: Okay. I'll be brief, but I'll echo what Jay is about to point out, I tl�ink, and that is that the environment at Le�cington and University is very different and the opportunities for anyone who is coming to the bin�o to actually frequent other businesses in that area is much more limited. In fact, most of the Lexington Shopping Center is vacant at this time, although there is some transient business. There is a flea mazket that is in there occasionally. We have one of our boazd members is Whitaker Buick, which is about a half a block away. Another one Biena restaurant across University. Neither of them feel that there is any benefit to the bingo parlor being located there presently. In contrast, at the Midway Shopping Center, it is actually in the shopping center that is vibrant, that is virtually fully leased, that is attracting new businesses, where there is Walgreens, and buffets, and restaurants and so forth. So the opportunity is really there for the customers to go out and spend additional money in the community that they may not currently be doing. Does that answer your question? Coleman: Yes. Pm not sure. It's a little dubious, but I understand what you're saying. Bostrom: Okay, alright. Thank you Ms. Waters. Will you please sign in. Now we have just about 3 minutes left. Ka1e: We have three minutes left? Bostrom: Yes ma'am. Hi. 16 Kale: Council Chair, City Council members. My name is Bazbaza Kale I am CEO of Midway Trauring Services. I am one of the charities at the Midway Bingo Palace. MTS serves developmentally disabled adults. They are all mentally andlor physically challen�ed. One of our main goals is to provide employment for our clients. We work at a lot of different jobs. We provide a job coach so the quality and the timeliness is there. We clean, we make beds in nursing homes, we assemble the packa�es that you get in the hospitals, we are involved in manufacturing. The Andersen Windows have grids, we put in the spring loaded pins in them. We are involved with the St. Paul Energy Consortium. We make planter boxes from recycled woods. We work with St. Paul Schools. We clean up trash in the Midway area. We return shopping carts. Our clients have attended meetings and luncheons at the Chamber and aze very proud of being part of this community. I am here to request your support of the waiver, and some of the reasons are we have been in chazitable gambling about 12 yeazs. We need to supplement the per diem we get. It is not su�cient. About 9 years ago, with other charities, we began operating bingo at the Midway Bingo Palace on University and Lexington. There were many businesses in the shopping center. We had a beautiful hall. Over the years, bingo has been good for MTS and the other charities. For about the last three yeazs we were told that we were going to be moved to another location because the shopping center was going to be sold to Home Depot. Sometimes, we were going to be moved in three months, sometimes six months, sometimes not at all. Auring this time, the other businesses closed or moved and the bingo ha11 itself was deteriorating rapidly. Presently, the condition is deplorable. Profits for MTS and the other charities declined significantiy. In 1999, the MTS profits were 1!3 of what they were in 17 1998. We felt it was necessary to make a business decision to look at other options. We did meet with a couple of different owners able to negotiate better terms and people that would be willin� to keep a very well maintained business. Are there any questions? Bostrom: Okay. I think that probably does it. We're just about out of time. Okay. If you'd just please sign in right over there. You have 50 seconds. Penon: I will talk very fast. Thank you. Jerry Perron, Leonard Street & Deinazd on behalf of RK Midway. What I would like to do mainly is to submit some documents into the record for your decision. What I am submitting is a premises site plan so you can see what the set up of the bingo hall is going to be, a City zoning map showing that this is in a B-2 zone, which a bingo hall is an approved use in that zone, a pazking study showing there is adequate parking for this site, and a composite site plan which helps show that this particular site is in the very epicenter of a very large commercial development, and it won't have impact on the surrounding neighbors. And I would like to just very briefly respond to some comments from Mr. Riley's counsel. Bostrom: We'ze out of time. Perron: Okay. Bostrom: If you want to leave your information with the clerk we will take it. Please do that and please sign it. Okay. Alright. That concludes the time allotted for the fE9 public hearing. Is there a motion to close the public hearing? Mr. Reiter. Roll call. Secretary: Coleman, Lantry, Reiter, Benanav, Council President Bostrom, public hearing closed. 5 in favor, none opposed. Bostrom: Mr. Benanav. Benanav: Mr. President, I'm going to move to grant the waiver. There aze some legitimate issues here that have been raised, but I think after hearing it, I'm convinced that it does meet, the waiver does meet the test of the ordinance. That is, it would provide economic development, even though Council Member Coleman had some question about it, and I think legitimate question. But I think it will bring a nuxnber of, I think we heard the number 15,000 people, into Midway Center who would then, presumably, if they do well playing bingo, will spend some of the money as they leave. I think, too, what was said by Ms. Kale was that over the last few years they've seen their profits decline significantly as a result of the condition that they current occupy. And, I think, if their projections are correct, they will see an increase in their profits which presuxnabiy there's some spin-off economic development spin-off there as well. So I think it meets the test of economic development, and I'm not convinced that these four radical groups that have applied for this will bring any negative impact to the neighborhood. I don't play bingo myself, but if Council Member Reiter does and is a supporter of it... Reiter: I don't play bingo, I worked for a small fee. 19 . . Benanav: Reiter: Benanav: Bostrom: Benanav: Bostrom: Reiter: Bostrom: Oh, I see. Well, if Council member Reiter... No, I don't think I got paid. I think I was a volunteer. And I think a11 the needs were said. This is in an azea that is not particulazly close to any residential housing. You've got to cross 94 to get to the closest residents. It's not likely that that's going to happen. Trust me. If you go down Sneliing it takes a long time to cross 94 anyway under the current traffic conditions. So I think it's a good plan. The whole issue of the bingo hall being a bargaining chip for folks on Le�cington and University, I don't think is an issue that we even need to consider. That's just not our business. So I think based on what we heard, I am going to move to grant the waiver and the license at Midway Shopping Center. You're moving resolution 48. I'm moving resolution 48. Okay. Is there any fm�ther discussion? Yes Mr. Reiter. On the advice of the City Attorney, I won't be participating in this vote because I have an association with one of the charities. Further discussion Mr. Coleman? 20 Coleman: Bostrom: Secretazy: I will vote for your motion Mr. Benanav. I just think it's kind of, when we start talkiug about bingo pazlors as economic development in the City, I just, I have a hazd time buying it. I would hope that we've gotten to the point in this City where we can taik about real economic development not dragging 15,000 people in to gamble. And it has nothing to do with the charities or any of those. You know, I've been involved in organizations that have used bingo pazlors. I think that thaYs fine. But I just, I really have a hazd time buying economic development, but I'll take Ms. Waters assertions that this is going to be helpful for the Midway Shopping Center. Is there any further discussion? Roll call. Coleman, Lantry, Reiter, abstained, Benanav, Council President Bostrom. Four in favor, 1 abstention. Adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) VERIFICATION Debra M. Ratliff states that the foregoing transcript is a true and correct transcript of the videotape provided by the City of St. Paul of the City Council proceedings on September 27, 2000. ��' � �� .'�� -. � / ! Subscribed and swom to before me s � 's 13th day of November, 2000. -- �p� yy K,IENSTAD � �!' � i '" t��'>TARYPUB�I�-'r: � .�ESOTA — a asi� '.CnmmiSS:rnE. • 3t.2W5 � Notary Public =� � � •w�.nv:,::...•..�.n -�w�,'w�MiWV� 11262V51649V23477 21 STATE OF IvIINNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, CERTIFICATE OF FILING AND DELIVERY MINNESOTA COURT OF APPEALS APPELLATE COURT CASE NO. CX-00-1838 Respondent. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 TO: Clerk of Appellate Courts, 30� Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155-6102: The videotape of the proceedings held on September 27, 2000 in the above-entitled action was requested by counsel for the Relator, Oak Grove Properties, Inc., on October 26, 2000. By agreement of the parties, the transcript of the videotape was completed by Best & Flanagan LLP on November 13, 2000 and is 11 pages. Because the transcript was prepared by one of the parties, no financial arrangements relating to the transcript were necessary. The transcript was filed with the trial court administrator and was delivered to counsel of record for the City of St. Paul on November 15, 2000 by messenger. Date: �� ,S UO BEST & FLANAGAN LLP By: ��lf/, f � `�"� Frank J. Wa1z (#113050) ` Caryn S. Glover (#183040) Robert D. Maher(#220863) 4000 U.S. Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 11262�201438U29882 ATTORNEYS FOR RELATOR ��qe��o � �� MINiJTES OF TF� LEGISLATIVE HEARING MOUNDS PARK LIQUORS - 243 POINT DOUGLAS ROAD Monday, August 28, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Corinne Asuncion, License, Inspections, Environmental Protection (LIEP); Christine Rozek, LIEP The meeting was called to order at 4:01 p.m. Gerry Strathman stated this hearing is being held to hear objections to the license appfication for Mounds Pazk Liquoxs, 243 Point Douglas Road. Christine Rozek reported this application is for an off sale liquar license by F& D Enterprises, Inc., doing business as Mounds Pazk Liquors, 243 Point Douglas Road North. This application has been reviewed by the Fire Department, Zoning, Licensing, and Environmental Health. LIEP is still waiting for liquor liability insurance; however, they would not need to see it until the license is granted. There will be a final environmental inspecrion prior to the opening of this establishment if the license is granted. There is no pending adverse action against the license or licensee. LIEP is recommending approval. Nancy Larson, 271 Clazence Street, appeared. 92 of the 115 houses signed a petiUon to stop the liquor license at 243 Point Douglas Road. The ones that did not sign it gave the following reasons: there is alcohol in the neighborhood anyway, the owner could do what he wanted with his business, one person didn't caze, and one person said he could not sign it in all consciousness. Thirteen people could not be reached after numerous attempts to contact them. There are two reasons why Ms. Larson feels the license it not appropriate: location and people. (Ms. Larson gave Mr. Strathman the petition. She also gave him maps she would be referring to, and she eacplained in detail the location of the neighborhood on a map.) Mounds Park Liquors will be right across from a city park where there is a view of Downtown Saint Paul and the Mississippi River, stated Ms. Larson. There is a bicycle path neazby. When the pazk is completed, this already populated bike bath will have more people on the roadway than it presently does. This is why it is not an appropriate place for alcohol. Ms. Larson went on to say that Interstate 94 provides within one mile all the strip mall conveniences. This area is very residential, but it is not a commercial azea. It is not appropriate to add a liquor store which will increase the tr�a The businesses in the azea are a small grocery store, two nursing homes, a contracting business, an engineering businesses, a child care facility, the Kick Off Bar, and Mounds Park Quick Stop, which is the store we aze talking about today. . � �� MOLTNDS PARK LIQUORS, LEGISLATIVE HEARING MINUTES, 8-28-2000 Page 2 Also, stated Ms. Lazson, this azea is isolated and there aze only four ways for access: through the park on Mounds, through Eazl, through Johnson Pazkway, and through Burns. As for traffic, Point Douglas and Clazence come out of Burns Avenue. It is a confusing and congested intersection. On Friday nights when there is a special event at the Kick Off Baz, there is a lot of traffic in the azea that makes it difficult for people to travel. There aze a variety of children in the azea Sidewallcs aze not common. It is a dangerous situation for pedestrians. People coming &om the aparhnent building across Highway 61, would have to cross the highway, which is unsafe. People pazking across the road would be another problem for pedestrians. There are a lot of children from the apartment building unsupervised who aze on bikes or walking in groups who go to the store. If there is a liquor store here, Ms. Lazson feels there will be more traffic. Twenty-four school buses come into the neighborhood everyday. Over 100 students live in the apartments. Students will be walking from the bus stop in direction of the tr�c which will be multiplied if alcohol is auailable at Mounds Park. Ms. Larson is constantly picking up paper that is scattered in the area. With alcohol and addi6onal traffic, the litter will multipiy. Gerry Strathman asked why an off sale liquor establishment would create more traffic than another business. Ms. Larson responded there are already a lot of people coming from the apartments, and it would be easier for people to walk to the new liquor store than to drive somewhere else. A liquor store nearby closed in February. People who went to that location would be more apt to go to the new liquor store. Ronda Spreeman, 258 Point Douglas Road, appeazed and stated she operates a daycaze business in which she cazes for 12 children, and has been full to that capacity for five years. Her concerns haue to do with her children, the children in the neighborhood, and the children entrusted to her in the daycare. One activity she does with the daycare children is waiking. They walk in the streets a lot because some areas do not have sidewalks. If there is increased traffic, she will not wallc in that area because the children are 7 months old and up, and they tend to move away from her no matter how hard she tries to keep up with them. There is a big hill by her home. In the winter, children go down the hili, up, and into the street even though she builds up the hill at the end. Children ride their bikes in the area; with increased traffic there is a danger of them getting hit by a car. There is a high child pedestrian rate in the area. With the higher amount of traffic, Ms. Spreeman will not feel comfortable allowing her children to walk in the azea. Ms. Spreeman has concems about children seeing people buy liquor in her neighborhood. She has four children and is cazeful about what she exposes to them. She does not want her children to see broken liquor bottles and cans. She moved to Mounds Pazk because she felt it was a safe environment for her children. She wants her children to be responsible adults. Several day caze pazents have expressed concerns to Ms. Spreeman about a liquor store. Some of the children aze older and they can go down to the corner for snacks, but their parents do not want them going to the corner if a liquor store is there. If the liquor store does go in, she may lose some of her day care parents. She cannot support her family and pay her bills if she cannot get children into her home. �� MOiINDS PARK LIQUORS, LEGISLATIVE HEARING MINiJTES, 8-28-2000 Page 3 Michael Daul, 1325 Burns Avenue, appeazed and stated he lives nest door to Mounds Pazk Quick Stop. The neighborhood has a bar and a liquor store. The clientele and crime concern him. It is a proven fact that liquor stores do bring in clientele that aze trouble. Gerry Strathman asked is he concerned about people who are inebriated or misbehave in some way. Mr. Daul responded yes. Mr. Daul stated this business is by a park and there is aiready a bar nearby. Mr. Daul read a letter he wrote, in wluch he expressed the following concerns with this license: drug deals in front of the stare, cazs broken into, house burglary, public druukenness in his front yard, litter all over the block from the store, the store's history of robberies would only bring in more trouble, the Kick Off Baz and Restaurant cause problems, Mounds Park is across from the proposed liquor store, youths could go there and drink, MGM Liquor Warehouse is less than a mile from the store, liquor stares are not positive, and they should not be in residential neighborhoods. (Mr. Daul gave Gerry Strathman a copy of the letter. He also Mr. Strathman a legal description of 1325 Burns, and explained on a map where he lives.) Mr. Daul stated that after midnight, people use the telephone in front of the store. It is obvious what is going on. If they have a liquor license, asked Mr. Strathman, this will be different in some way. Mr. Daul responded the trouble is already there, but a liquor license will evoke more trouble. The store has security bars on the windows, which tell him the neighborhood is not safe. (Mr. Daul gave Mr. Strathman the following: four photographs of the store, a police query for 243 Point Douglas Road from 1-1-97 to 8-16-00 which shows 4� records, police reports from 1- 1-97 to 8-16-00 for the KickoffBaz and Restaurant, police reports from 1-1-97 to 8-16-00 for Johnson Brothers Liquor Store.) Mr. Daul stated Johnson Liquors is now closed. But the clientele that went there will probably come to Mounds Pazk Liquor Store. Mounds Park has had 47 incidents and 15 reports have been written. (Mr. Daul also went over the records for the Kick Off Bar and Johnson Brothers Liquor Store.) He stated liquor stores aze targets for robberies. Not many people live in the area. Robbers can come in on foot or by car because the area is isolated. (Mr. Daul read four robbery reports from 243 Point Douglas Road North.) Mr. Daul talked to people who lived by the former 3ohnson Liquor Store. There is a problem with litter in the area. The foot tr�c, dmvkenness, sleeping in yards has gone away since Johnsons closed. Also, homeless people live across the street in the woods from Mounds Pazk Liquor Store. c� o �� MOLTNDS PARK LIQUORS, LEGISLATTVE HEARING MINUTES, 8-28-2000 Page 4 (Mr. Daul gave Mr. Strathman the following: 1999 Part I Offenses vs. Property: Density by Crrid; 2000 Quality of Life Calls: Density by Crrid; 1999 Quality of Life Calls: Density by Crrid; St. Paui Theft from Auto: Hot Spot Analysis, January 1 to August 2, 2000; St. Paul Arson: Analysis by Incident; 1999 Part I Offenses vs. Persons: Density by Cmd; 2000 Aggravated Assault Analysis: Density by Grid; and a sheet of paper that reads "Fanuly is Priority One", a quote from Chief William K. Finney.) Mr. Daul stated he does not know what a liquor store has to do with fannily. Pat Kackman, 401 Johnson Parkway, appeared and stated cats were always speeding down the service road. There are drug deals in the parking lot. There aze junk vehicles, debris, trees around the perimeter. A person inebriated came over her wall and fell into the driveway. People who live next to the former Johnson Liquors had people urinating in their yazd. Liquor stores bring in crime. People throw litter; other people see trash and thivk there is not much care in the neighborhood. There were two bars on Hudson Street and crack houses started appearing in the neighborhood. People can go to MGM Liquors. The nursing home had trouble with some of their patients who were able to leaue the building and go to the liquor store. This would be a possibility at the Mounds Park Liquor Store as well. Ms. Kackman walks in the woods with her dogs. There are places that she will not walk because there are people drinking. Richelle Kuhl, 287 Clarence Street, appeazed and stated she has been a member of the community for 33 years, and her husband has been a member for 45 yeazs. The area was recently highlighted in the June issue of Minneapolis/St. Paul Magazine as one of the hidden gems of the community. The crime azea that Mr. Daul spoke of is concentrated azound the property location talked about today. The rest of the neighborhood is quite different. This area has a quiet, secluded, hidden pocket of homes. It is nestied between two major highways. It is easy to understand on neazly every block there are two or more homeowners who have lived there at least 35 years. There are many examples of homeownership remaining within a family for generation to generation. This has been a nurturing climate for young families. The trend has been to remodel or eapand the home instead of moving. Families are hard pressed to find comparable housing conditions in other parts of the city and surrounding suburbs for the same value. Ms. Kuhl stated urgent points stressed so far aze deserving of attention and consideration: safety of children, violent crune potential, increased tr�c for the entire neighborhood, and visitors to the pazk. The serving of liquor presents a11 these problems via 243 Point Douglas Road. These risks will double or triple from what they already ate. This business is located on a corner adjacent to parkland. When Johnson Brothers Liquor Store was located six blocks away, there were always problems in the pazk, woods, residential lawns, and alleyways. The problems were with vagrants, outsiders of various origin, and members of the community. Adding a liquor store will increase the regular nuisance loitering. Ms. Kuhl spoke to Sergeant Nash who said that transients, loiterers, and drug activity follows a liquor store from location to location. Ms. Kuhl feeis loiters and transients from the Johnson Brothers Liquor Store wili now belong to the neighborhood. ��-� � \ MO[II3DS PARK LIQUORS, LEGISLATIVE HEARING MIN[3TES, 8-28-2000 Page 5 (Ms. Kuhl gave Mr. Strathman some photographs of the neighborhood.) Ms. Kuhl went on to say there will atso be loitering on Bums Avenue. The area between the Kick Off Bar and Mounds Pazk Quick Stop is a long tight triangle piece of land that would be a perfect haven for loiterers to mingle. Patrons will be approached for spare change. Minors purchase alcohol; it happens everywhere. Mounds Pazk azea will be forced to monitor the neighborhood for safety and security against alcohol abuse. The needs of the community outweigh the needs of this type of business. A new liquor store opened called Seven Beazs Liquors, 1785 Seventh Street East. From 8-1-99 to 8-24-00, there were 22 police ca11s to that address. (Ms. Kuhl gave Mr. Strathman the following: an address search for 1785 Seventh Street East, two photos showing traffic congestion neaz the Kick Off Bar, and two photos showing blight at Morelli's on Payne.) Ms. Kuhl read several remarks from neighbors. She stated there aze tens of thousands of visitors to Indian Mounds Pazk. There is an azea in the park that has covert drinking and drug usage. Mounds Park Liquor Store would become a very accessible alcoholic beverage resource for these activities. It may contribute to another tragedy when an inebriant topples off the bluff. Bob Fitzgerald, 1367 Burns Avenue, appeared and stated he lives two houses down from the Kick Off and has lived there for 25 yeazs. He has two boys who have worked at the gas station. Mr. Fitzgerald patronizes the gas station, the baz, and the restaurant. He sees a lot of foot tr�c from the apartment across Highway 61. He has talked to the owner of Mounds Park Quick Stop and the owner of the Kick Off about the trash and debris. Sometimes the bar owner will send someone to clean up the debris. He aiso patronizes MGM Liquor Store, and they card everyone in the store. The gas station owner said he will ask peopie to throw litter in the trash cans, but Mr. Fitzgerald does not feel that will work. The giant containers of beer come from the MGM and not from the Kick Off. There are a lot of domestics on Burns Avenue, stated Mr. Fitzgerald. A lot of them are walking up to the gas station and having azguments outside his house. Sometimes it is after the store or bar is closed. Also, the auto traffic has picked up. There is heavy traffic on I-94 and drivers try to sneak the back route through Mounds Pazk and up through White Bear Avenue. The neighborhood is worried about alcohol related tr�c. MGM is less than a mile away. The pi773 place has applied for a liquor license. Any other business would be fine. There are traffic and parking problems when the Kick Off has special events. Mary Regan, 1365 Burns Avenue, appeared and stated she has lived in her house 25 years. People ring her doorbell hying to get into her home. There is a lot of trash on her property. She has people sitting on her retaining wall. She sees the drug deals across the road. Ms. Regan feels a grocery store should be opened instead of a liquor store. �� MOUNDS PARK LIQUORS, LEGISLATIVE HEARING MINUTES, $-28-2000 Page 6 Mary Brown, 263 Point Douglas Road North, appeazed and stated litter goes into her yazd from Mounds Pazk Quick Stop. Saint Paul should have an ordinance that says a business cannot have candy, grocery, gas, and liquor in the same business. She would not want her kids to come into contact with someone that has been drinkiug. She has been to bazs and liquor stores. Baz owners and bartenders are particulaz about serving to customers that aze obviously into}ucated. Liquor stores aze not quite so concerned. This is an opportunity for the City to take into account the feelings of the neighborhood. The neighborhood is not going to allow businesses with owners that do not live in the neighborhood and do not have an investment there. The city wants homeowners to take caze of their property. Dan Showalter, 1373 Burns Avenue, appeazed. The hearing officer asked a question eazlier about why the liquor store will bring more of this element to the neighborhood. Mr. Showalter stated he believes it is because 93 out of 115 said they did not want this establishment. That means over 90% will not patronize it; therefore, the business will come from outside the neighborhood. People do not need to come to this neighborhood to get that commodity. Tom McGuire, 259 Point Douglas Road North, appeazed and stated he lives six houses west of the store. This business will cause a negative economic impact on the value of their homes. Also, it will have a negafive cultural impact. There are many children in the neighborhood who play on Point Douglas. If the license is passed, that will increase the traffic: the evening rush to the liquor store before it closes. There are four liquor stores available within two miles. The Kick Off Baz is there. Litter is a problem. Alcohol was not being sold off sale when Mr. McGuire moved into the neighborhood. No one would buy a home next to a liquor store. This would be a magnet £or alcohol usage which would be seen by the children. The City has no moral justification for the passing of this license. Michelle Hawang, 266 Clarence Street, appeared and stated she lives three houses from the bar. She gets bar and store tr�c. She has two children who will be more subjected to seeing drunks in the neighborhood. She likes them to play outside and be safe. People of lower class will be in the neighborhood, and she is more afraid of her kids being outside alone. Now the kids are inside the fence. When Johnson Brothers was open, she would not go by it alone. She does not want to live across from a liquor store. Ms. Hawang is awaze of gang activity. She called this stunmer three times on drug deals going on in the store. Frank Janklow, owner, appeazed and stated he is a disabled Vietnam Veteran. His goal all his life has been to work for himself and not for other agencies and to be able to establish a decent living for his family. He purchased the Mounds Park Quick Stop. The previous owner was a mechanic and Mr. Janklow is not; therefore, he has 2/3 of an empty building which he has to do something with to generate income for his family. He noticed the concerns of the people here and he understands them. There were a lot of references to MGM. The portion of 243 Point Douglas Road for a liquor store is siighdy over 1,100 square feet. That is less than 25% of MGM and 10% the size of the former Johnson Liquor Store. Even though some people in the audience no longer frequent his place because of his application, Mr. Janklow would like this to �� \ MOUNDS PARK LIQUORS, LEGISLATIVE HEARING MINIJTES, 8-28-2000 Page 7 be a neighborhood liquor store. Many customers have expressed support for lus license, but they did not want to make a public statement. Thexe have been comments about problems with police at his location, stated Mr. Janklow. He has been there seven months and has only called the police on one occasion because of an unruly customer. It had nothing to do with liquor. The other times police have been there are when the alazm has malfunctioned on three occasions. There have been no robberies in his store since he has been there. He has four surveiilance cameras in his store and a monitor is by the cashier azea so that people can see themselves. He keeps a 30 day tape supply. The neighbors were talking about increased traffic in the area. Again, his liquor store is smaller than MGM and the former Johnson Brothers Liquor. Mr. Janklow does not see hoards of people traveiling down the street to come to his store. Regarding the chance of accidents with people crossing Highway 61 to come to the liquor store, stated Mr. Janklow, these are the same people that are coming to his store now to buy groceries. He has a lot of foot traffic from the aparhnents on Birmingham and Johnson Parkway. The traffic is already there so he does not understand where there would be a lazge increase in tra�c. The parking is congested from the baz across the street. His will be off sale so there will not be cars lined up to pazk at his business; people will park for five minutes. Most of the comments are implying there will be sales to minors or drunken people. Mr. Janklow has an honorable, respectable background. He has dealt in health caze most of his life. He wants to operate a small, successful business, and he cannot do that while dealing with the wino type of clientele. He will not sell hip flasks and cheap wines, but respectable wines tailored to the middle class audience. Mr. Janklow stated he was invited to a neighborhood watch to address their concerns. He is willing to meet with neighbors and discuss what he can do as a businessman to alieviate trash and other problems. Regarding the comment that he does not live in the neighborhood and does not respect it: his clientele is in the neighborhood, his livelihood is in the neighborhood, and he has invested $490,000 in this business. He does have a fmancial investment in that neighborhood. Gerry Strathman recommended referring this license application to an Administrarive Law Judge citing the foilowing reasons: the granting of the license would be contrary to the best interest of the City and the neighborhood as a whole, it will create dangerous traf�ic condifions, it will create problems with the park, and the establishment will create a public nuisance. The meeting was adjourned at 5:58 p.m. rrri �� MINNESOTA APPELLATE COURTS 305 MINNESOTA NDICIAL CENTER Zs corrsTT�orr av� ST. PAtJL, MN 55155 (65l) 297-1904 -----��t�_G ro:�e_ _P�'��kies �I . R�CEIVEi3 � � � 2001 CiTY C�ERK � Appellate Court File No. � °li�" �� File Location ---�� -- °� _--�==-��' ='-=`------ Keceived from the Appellate Courts of the State of Minnesota, the following original files and eachibits in the above entitle matter: l� 1� D�Y �jf �9�,1�� County/Agency District Court file(s) And e�ibits. NOTE: When original and copy of uanscript are forwarded by the Clerk of the Trial Court, the original goes to the Supreme Court Law Library at the conclusion of the case. PLEASE SIGN AND RE'I'�JRN COPY OF RECEIPT Dated: COURT ADMINISTRATOR By: DEPUTY/ASSIST. STATE OF MINNESOTA IN COURT OF APPEALS Oak Grove Properties, Inc., Relator, vs. City of St. Paul, �o-��j CERTIFICATE OF FILING AND DELIVERY MINNESOTA COURT OF APPEALS APPELLATE COURT CASE NO. CX-00-1838 Respondent. Date of St. Paul City Council Resolution: September 27, 2000 Date Approved by Mayor: October 4, 2000 TO: Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Constitution Avenue, St. Paul, MN 55155-6102: The videotape of the proceedings held on 5eptember 27, 2000 in the above-entitled action was requested by counsel for the Relator, Oak Grove Properties, Inc., on October 26, 2000. By agreement of the parties, the transcript of the videotape was completed by Best & Flanagan LLP on November 13, 2004 and is 11 pages. Because the transcript was prepazed by one of the parties, no financial arrangements relating to the transcxipt were necessary. The transcript was filed with the trial court administrator and was delivered to counsel of record for the City of St. Paul on November 15, 2000 by messenger. /�� Date: y l S��J BEST & FLANAGAN LLP COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #14 11262�201438\1298$2 By. � � Gf/, �� c Frank J. Walz (#113050) Caryn S. Glover (#183040) Robert D. Maher(#220863) 4000 U.S. Bank Place 601 Second Avenue South Minneapolis, MN 55402 (612)339-7121 ATTORNEYS FOR RELATOR � ' CITIZEN SERVICE OFFICE F.�oW�s�, �;h.�,e� �D _S�l CITY OF SAINT PAUL Norm Co7eman, Mayor November 22, 2000 Mr. Frederick K. Grittner Clerk of the Appellate Courts Minnesota Judicial Center 25 Constitution Avenue Saint Paul, MN 55155 Re: Oak Grove Properties, inc. Appellate Court File: CX-00-1838 Dear Mr. Grittner: Tet: 657-266-8989 Fax: 657-266-8689 HAND DELIVERED Enclosed herewith please find an index and originals of the Saint Paul City Council's record in the above referenced matter. This is the City Council's complete record and its index. By copy of this letter, the index is being sent to Attorneys for Petitioner and Respondent, together with affidavits of service by Mail. Sincerely, �..��,� fl. �� Frederick K. Owusu City Clerk 770 Ciry Ha[t IS W. KelloggBouTevard SaintPaul,�nnesom 55702 �� /� cc: Virginia Palmer, Assistant City Attorney (index only) Robert D. Maher, Attorney at Law (index only) COURT OF APPEALS NUMBER:CX-00-1838 INDSX OF CODNCIL FILSS (C.F.) 00-868 AND 00-891 DOC. NIIMBSR DATB D$SCRIPTION NIIMB$R OF PAGES 2 i 2 9-27-00 Resolution 00-868 and Green Sheet approving the license application. This resolution was withdrawn on Sept. 27, 2000. 9-18-00 Minutes of the Legislative Hearing regarding Midway Center Bingo 3. 9-27-00 Resolution 00-891 and Green Sheet Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall license. 4. 9-18-00 5. 9-18-00 6. 7. 8. 9. 10 11 12 13 14 Interdepartmental Memorandum to City Council from Robert Kessler regarding new bingo hall at Midway Shopping Center. Minutes of the Legislative Hearing regarding Midway Center Bingo. 3-27-00 Memo from The Associated Architects re: Midway Center. nja Copy•of Section 60.531 of the Saint Paul Legislative Code. 9-27-00 map n/a map with B-3 and B-2 areas highlighted n/a Composite site plan of Midway Center and Midway Marketplace. 9-27-00 Videotape of 9-27-00 City Council meeting 9-27-00 Summary minutes of 9-27-00 City Council meeting. 9-27-00 Transcript of 9-27-00 City Council meeting, item #48. 11-5-00 Certificate of filing and delivery. 0 `a 1 B! 2 2 1 1 1 1 tape 29 21 1 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Frederick K. Owusu, Ciry Clerk, being first duly sworn, deposes and says that on November 22, 2000 he served the attached: Index to the Saint Paul City Council File Nos. 00-868 and 00-891 upon the following attorney(s), individual(s) or corporation(s) by placing a true and correct copy thereof in an envelope addressed as shown and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minuesota. Clayton Robinson Saint Paul City Attorney Virginia D. Palmer Assistant Saint Paul City Attorney Atty. Reg. No. 128995 15 West Kellogg Blvd, Suite 400 Saint Paul, MN 55102 Attorneys for Respondent Robert D. Maher Best & Flanagan LL.P 4000 US Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Attorney for Petitioner ` �T��i c%G /�' � ' C /.��r--- Subscribed and sworn to before me this r�o2 " day of �ove,rnbe,r , 20 � 6 �� Notary Public � SfiP,Ri da. AAOORE t�7ARY PtlBi1C - RRlldt$Si37R ktY CAMhfiIS3361d `'��q' €XF'lR�33AtS.34,ZOD' Council File # �(� � g� ��- Green Sheet # D� �� RESOLUTION CITY OF PAUL, MINNESOTA �� Presented By Referred To Committee: Date i WHEREAS, RK Midway, LLC, d/b/a Midway Center Bingo, has applied for a bingo hall 2 license at 1508 W. University Avenue; and 4 WHEREAS, a bingo hall license is currently issued to the premises at 451 N. Lexington 5 Parkway, which location is within a two-mile radius of 1508 W. University Avenue; and 6 7 WHEREAS, Saint Paul Legislative Code §403.05 requires a minimum distance of two 8 miles beriveen buildings licensed for bingo halls, but §403.05(b) permits the distance 9 requirement to be waived upon a finding by the Council that the location of the proposed site 10 11 12 13 14 15 16 17 18 19 20 21 22 would provide economic development benefits without significant negative impacts on residential or commercial uses, provided that 1) the waiver cannot allow mare than one a bingo hall within two miles of another licensed bingo hall, and 2) the waiver cannot be granted to the fee owner of an existing licensed bingo hall within the two mile radius; and WHEREAS, the Council has determined, based upon the application, written submission by applicant and such testimony as may haue been heard at the public hearing on this matter, that the waiver requirements have been met and that a waiver should be granted; now therefore, be it RESOLVED, that the applicant RK Midway, LLC, d/bfa Midway Center Bingo is hereby granted a waiver of the distance requirements contained in Saint Paul Legislative Code §403.05 and the application for a bingo hall license for the premises at 1508 W. LTniversity Avenue is hereby granted. Reguested by Department of: 1� ,i�, ,./ , �t � Form Approved by City Attame By: � Approved by Mayor for Submission to Council By: app� By: By: COURT OF APPEALS NUMBER CX-00-1838 DOCLJMENT #3 Adopted by Council: Date �� ,2� t��c.. Adoption Certified by Council Secretaxy OFFICE OF LIEP Date: Christine lzozek Au�st i6, a000 GREEN SHEET4� 266-9108 No . 103742 1 SPARRfffiTP DIRECPOR ITY COUNCZL , ITY ATNRNSY ITY Q.HRK xraaiu ust be on n-�un AaPnda bv• '°°° ��' axxsccox IN. & MC>T. SVG DIR. !�� l� i S RI � 3 YOR (OR ASSZSlANl) OTAL # OF SIGNATIIRE PAGF3S 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: resolution to waive the two-mile distance requirement for RK Midway, LLC /b/a Midway Bingo Center (1508 W_ University Avenue) and granting the application for a bingo hall license. ECOtM1ENDATIONS: APPROVE (A) OR REJECT (R) BRSONl.L SHRVICB CONTRACIS M[fST ANSWSR T88 POLIASPING: PLANNING COM1IDfiSSiON CIVZL S&RVIC6 COMMZSSION 1. Has the person/firm ever ororked under a contract for this department? CIB COMMITTEE BUSIN6S5 RHVIEW COUNCIL YfiS NO STAFF _ Has thie pezaon/firm ever been a City employee? DISTRTCT COURT YES NO Ooes this person/fixm possese a skill not normally possessed by any SUPPORTS WHICH COUNCIL OBSECTIVE? Current City emplOyee? YES, NO lgya all YBS anawers oa a aeparate aheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): idway Bingo Center wishes to occupy 1508 W. University Avenue and operate as a ingo hall. The Saint Paul Legislative Code requires a waiver by the City Council to allow more than one bingo hall within a two-mile radius. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � v �,. COURT OF APPEALS NLJMBER CX-00-1838 — --� � � i . _ .� ��, 00 �'lI CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM September 18, 2000 To: Council President Daniel Bostrom City Councilmembers Fr: Robert Kessler, LIEP Director � Re: New Bingo Hall At Midway Shopping Center License Staff recommends the approval of the application for a new bingo hall at the Midway Shopping Center, because we find that the location is consistent with the intent of the proposed waiver contained in Council File 00-314. In consultation with David Gontarek, of the Department of Planning and Economic Development, LIEP finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or commercial busanesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and underutilized area. The physical location is sepazated from residential uses by Interstate 94 to the south, the MTCO Bus Garage to the west, Cub Foods to the east, and the Midway Center itself to the north. LIEP also believes that the concept of obtaining the consent oFneighboring bingo halls to allow a new hall to locate within a two mile radius of an existing hall does not make sense. Not only are there problems with the brokering of that consent it limits competition and allows bingo hall owners the upper hand in leasing arrangements. We urge your approval of the application and the proposed legislation that allows for the waiver. Please let me know if you have any questions regarding this proposal. cc: Mayor Norm Coleman Deputy Mayor Susan Kimberly Christine Rozek Paula Maccabee, David Gontazek COURT OF APPEALS NCTMBER CX-00-1838 DOCUMENT #4 �d- ��t/ MINUTES OF THE LEGISLATIVE HEARING MIDWAY CENTER BINGO - 1508 iJNIVEKSITY AVENIJE WEST Monday, September 18, 2000 Room 330 Courthouse Gerry Strathman, Legislative Heating Officer Staff Present: Dave Nelmark, License, Inspection, Environmental Protecrion (LIEP); Christine Rozek, LIEP; Lany Zangs, LIEP The meeting was called to order at 10:02 a.m. Gerry Strathman stated tlus meeting is being held to hear objections to a license by RK Midway LLC. Christine Rozek, Deputy Director of LIEP, reported this is an application for RK Midway LLC, doing business as Midway Bingo Center at 1508 University Avenue West in the Midway Shopping Center. Licensing has approved the application. Fire inspection will approve this upon fmal inspection. Zoning has questions about parking information. Lany Zangs reported the parking looks fine, but he needs some eaplanation on some of the numbers. He will defer his decision on the parking until he hears from the applicant. Ms. Rozek stated this bingo hall is within two miles of an existing bingo hall. There wili need to be a resolution to waive the two mile distance requirement. Also present is Da�e Nelxnark who deals with gambling licenses in case there are questions about the gambling aspect of the bingo hall. Don Ludemann, President of Snelling Hamline Community Council, 1573 Selby Avenue #311, appeared and stated neighbors have expressed some concerns. His understanding is the hearing today only addresses the application by RK Midway to operate a bingo ha11. He asked would there be another hearing regarding the other four tenants because the letter he sent in objection addressed the gambling licenses as well. Gerry Strathman stated the fact that Mr. Ludemann was objecting to the gambling licenses got missed. He asked could the gambling license applications be dealt with this morning. Ms. Rozek responded present are representatives from all the organizations that intend to conduct charitable gambling. Mr. Stratiunan stated he will deal with the bingo hall application and the gambling applications at this meeting. The only peopie to come to these public hearings aze interested parties and the interested parties aze here. Mr. Ludemann stated it is a business friendly neighborhood. The community council was notified in August when many residents were on vacation. Paula Maccabee offered to come to their boazd meeting to help explain things, but,the arganization was unable to accommodate her. The waiver requirement reads that a waiver wiil be granted when it will provide economic development benefits without significant negative impact on residential or commercial uses. Mr. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #5 oo-8qr MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 2 Ludemann asked will that be a City Council issue. Mr. Stratlimau responded he would not hold a legisiative hearing on the waiver issue; that would go direcfly to the City Council. Mr. Ludemann stated University United is a group of district councils all along UniversiTy Avenue. The Midway Chamber of Commerce is aiso a member. They wexe involved in the development of two guidelines. One of those guidelines encoutages vacant buildings to be rebuiit and vacant lots to be redeveloped as quickly as possible so there is not an appeazance of neglect on the avenue; therefore, he is happy that RK Midway is going to fill some of the space. One concern is the pazking in the south lot and that the bingo ha11 would get in the way of redevelopment of that lot. Mr. Ludemann requested an annual renewal so that future development of that lot would not be delayed. He asked does this license have a term. Ms. Rozek responded it is renewable in two years. Mr. Ludemann wants to minimize massive asphalt in the parking lots. The design outlines suggest trees should be planted in parking lots: one tree per every 25 pazking spots. He would like RK Midway to consider landscaping to make it more aesthetically pleasing. Mr. Ludemann is also concerned about people preying on the bingo players. He would like to know the plans for security, cameras, lighting. Also, he is concerned about signage. He hopes it does not add to the clutter of the signage on the avenue. The following appeared: Paula Maccabee, consultant to RK Midway, and Joe Finley, attorney and applicant. Ms. Maccabee stated the design guidelines encourage vacant buildings to be filled to avoid the appearance of neglect. The ardinance looks at the potential of waiver when it provides economic benefit. The bingo hall is filling 2,000 square feet of space that was vacant for 15 yeazs. The current estimate of improvement to bring this property up to code is about $700,000. According to the University design guidelines referred to by Mr. Ludemann, this part of University is suppose to be a regional shopping center. This bingo ha11 will bring in about 15,000 customers a month, many of whom are middle class working people and many are women who will make a whole day of shopping or eating out. Ms. Maccabee stated this bingo ha11 is unlikely to have an impact on neighborhoods. It is more than 750 feet away from the nearest residence; therefore, some of the concerns that may apply in other neighborhoods about traffic, do not apply here. Also, it is tucked at the back of the center; the concern about visibility and perception will not take place here. Potential redevelopment is a concern of the developer also, stated Ms. Maccabee. RK Midway has made significant investments in lighting and in trees. The reason there is not a plan submitted for landscaping is because it might interfere with potential redevelopment. (Joe Finley gave Gerry Stratiunati the foilowing: drawing of signage, zoning map area, a composite site plan, parking calculations, a copy of the deed to prove they own the center, certificate showing ownership, and the plat filed.) COURT OF Appg,�,S NUMBER CX-00-1838 ��-�� MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 3 Joe Finley explained the location of the bingo hall in conjunction with other businesses in the area. The bingo hall is not near any residential development. RK Midway had proposed several things for the back lot, but there was a pollufion issue there. Now the pollution has been handled, and the back lot can be developed. They have run several pazldug scenarios with a bingo hall, hotel, and restaurant being built. They have also run the pazking figures and have come up with 1,408. The e�sting lot has 1,396. Their goal is to redevelop the five acre piece of land. Mr. Strathman stated the signage looks consistent with other signs on the building. Tom Bina, contractor, responded it will be sunilaz to other signage on the Midway Shopping Center. Michael Michlitsch, 3870 Ef&ess Road, White Bear Lake, appeazed and stated he is currently representing the charities moving into the proposed site. The four charities have been involved for at least nine years, specifically in bingo and pull tabs: 1) Midway Training Services offers services to people with developmental disabilities, 2) Midway Transportation provides transportation to people with disabilities, 3) Church of the Holy Childhood, and 4) St. Mary's Greek Orthodox Church. They currently all hold a Class A license at Midway Bingo Palace on Lexington and University. All four organizations depend on the funds from charitable gambling. Mr. Michlitsch assumes the security at 1508 University witl be similaz to the Lexington and University site in that it will have a uniform security person during the evening sessions to assist any customers that would like to be walked to a vehicle. They haue had few problems in the last nine years. The bingo hall will also use a private security service and off duty Saint Paul Police Officers. Midway Shopping Center also has security in a vehicle available in the evenings. Mr. Ludemann stated this will be an entirely different environment. There will be more tr�c and more crime. Mr. Finiey responded he believes that most of the people in the Midway Shopping Center are good people and shoppers. Crimes of opportunity will decrease because there will be more witnesses. The bingo operaYion will be located in the center. This is a true economic benefit to Midway Shopping Center and the whole community. People who are transportation disadvantaged can now make a trip to the bingo hall and go shopping. Mr. Finley has represented the owner of the shopping center for years; .if there is a problem, the owner will address it. Mr. Finley hopes Mr. Strathman will not lose sight of the fact that this is a permitted use. This space is an eyesore right now and cannot be rented. It will be a tted, a new exterior added, and new bathrooms. Ms. Rozek asked about an on site manager of the facility. Mr. Michlitsch responded it has not been decided who will be the manager, but there will be one. Ms. Rozek asked about hours of operation. Mr. Michlitsch responded they propose to be open seven days a week. Doors would open at noon, bingo would start at 1:00, and be over with at 4:00. Doors would reopen again at about 6:00 p.m. and bingo would start at '1:00 and again at 9:00. People will be out of the hall by 11:00 p.m. They have talked about having a late night COURT OF APPEALS NUMBEK CX-00-1838 o�- ��/ MIDWAY CENTER BINGO, 1508 University Avenue West, 9-18-2000 Page 4 session at 11:00 p.m. and people would be out by 1:00 a.m. However, they are limited to 21 sessions that they can be open in a week. Ms. Rozek asked about lighting. Mr. Michlitsch responded there will be a new entrance with sufficient lighting. Midway Bingo wili use 130 to 135 pazking spaces on their busiest night. He would assume all those people will pazk ciose to the building. At least 1/4 of the space is within a short walking distance of the front door. Mr. Bina stated the landlord has provided adequate lighting in the facility. There is pazking lot lighting in the back right now, which should be adequate. The landlord is concerned about safety also and said he would take any lighting and quadruple it. Dave Nelmazk reported tt�ere aze no outstanding obligations against the four charities. They aze good citizens in the community. Ellen Watters, President of Midway Chamber of Commerce, appeared to speak in support of the license application. The neighborhood's concerns have been articulated and addressed. This business will add to the potential of redevelopment. This location provides a good oppoituuity for the continued health of the bingo hall users and the potential for redevelopment of the site. The increased activity that the customers will bring is a positive in terms of increased purchasing and activity. As for crime prevention, the more people azound, the more positive environment is created. Lighting and securily are important. A beat cop is working from 10:00 am. to 7 p.m. If crime becomes a huge problem, the Chamber of Commerce will be in line with the neighbors saying this needs to be fixed. Ms. Watters stated Midway Training Services is an important partner in the continued health of the Midway. They help the Chamber of Commerce pick up shopping carts in the area and trash. Mr. Strathman asked is the pazking adequate. Mr. Zangs responded it is. Gerry Strathman recommended approval of this license application. He understands all the issues raised. It seems the applicant has satisfactorily addressed the issues. The signage seems appropriate. The security plans seem reasonable. He understands the reticence about doing landscaping in the parking lot because of potential development. Location makes parking less of a visual problem than in a more residential neighborhood. There is no reason to limit the license beyond the customary term of hvo years. There will be another resolution for a variance from the required two miles between bingo locations, but that will be a public hearing before the City Council. The meeting was adjoumed at 10:54 a.m. (Note: Lany Zangs retained some of the items given to Gerry Strathman at this meeting.) � COURT OF APPEALS NlJMBER CX-00-1838 � - ,� g9:58 RSSOCIRTED ARCHITECTS . Memo ta Fte Re: M"�clway Center Jim Cox Date "� Project No. 2410.90 Ca-�9� COURT OF APPE�S NUMBER CX-00-1838 DOCUMENT #6 A reviaw of the current certter tenants space and proposed tenants is as follows: SCHEME `C' Retail Common HaiUCira Office Fast Food Restaurent Sowfing Bingo 90 Guest Inn Restaurant (out lot #4} Area 242.244 / 280 3200/5604 2427 ! 350 3410 / 110 11612/125 32 4anes x 4 Parking 865 1 7 31 ��s�"e^q J 93 128 �\\ ♦�` i i 10,000 l75 133 � 90 ��`-��. 600011D0 84 Total Required Existing Stalis �::�� i�l }J��Ca� - �. �o o. �u�,o��.. � � b�� t L� z:E.. w�.�W1. '�`� TiN Aaeetabd Ar�. b+�. A Cmc/Buelow CompanY 247 SOUQ� CIBVe�tW Avem�e Fia(nc pau1. MLnneaWe 55705�1299 T9lephorw 851l898•0808 Fac�mpe 85t/898�Oa5� ��a�.� (k � ncz w � �, �� ,�, � C.�'�-v c.e w-�-I( � r�, "ba�iti�v�t� MpR 29 2000 09�52 651 698 0459 fi51 698 6459 P.06i07 � The . Ar�h�eets PF�iE. 06 69�58 RSSOCIATED FlRCHITECTS � � � . i�v-' �� f � � � / , � i % - �Jiiiiiiii� ' i � � 1 _ 651 698 0459 P.07i07 �r� � �� I a) � 1 SI7E PLAN ALTERNATE 1. r=so' °�( ^� I , �IT � � A �� t � `� � �I�; � �€ �� " i l� �I' �� MRR 29 2000 09�52 COURT OF APPEALS NUMBER CX-00-1838 � i �� E6fu�� N�� i 651 69B 0459 TO7AL P.07 PRGE. 0'I �� ZONIl�IG CODE rectly with customers. Ali goods produced on the premises shall be sold at retal on the premises wfiere produced. (2} F,xcept for off-street parldng or loading, all business, storage, servicing or process- ing shall be conducted within completely enclosed buildings. (Code 1956, § 60.483; C.F. No. 92-1479, § 4, 12-15-92) Sec. 60.524. Principal uses permitted sub- ject to special conditions. The following additional uses shall be permit- ted, subject to the conditions hezeinafter imposed for each use and subject W the standazds specified for all special condition uses as set forth in section 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) Publicly owned buildings; public utility buildings;telephone exchange buildings; electric transformer stations and substa- tions; gas regulator stations with service yazds, but without storage yards; water and sewage pumping stations. (2) Hailroad right-of-way, but not including terminal freight facilities, transFer and storage tracks. (3) Hospices serving sixteen Q6) or fewer facility residents. (4) Shelters for battered persons ot transi- tional housing serving sixteen (16? or fewer facility residents, provided they aze not located in a planning district in which one ( ll percent or more of the population lives in licensed human service community res- idential facilities, licensed correctional mm- munity residential facilities, health de- partment-licensed community residential facilities, transitional housing, shelters for battered persons, emergeney housing or overnight shelters. (5) Cellular telephone antennas Iceated on a freestanding pole, as regulated in the OS-1 district, section 60.514(6)a. through g. Supp. No. 41 �.��`� � ' 4 60.532 (6) Accessory buildings, struct�res and uses customarily incident W the above permiL. ted uses. (Code 1956, § 60.484; Ord. No.16956, 3-9-82; prd. No. I7039, 7-7-83; Ord. No. 17845, § 23, 6-2T-91; Ord. No. 17894, § 2, 12-3-91; C.F PIo. 93-1718, §¢ 36, 37, 12-1493; C.F. No. 93-1815, § 7, 12-2�93; C.F. No. 97-565, § 9, 611-97; C.F. No. 99-750, § 3, 9-1-99) Sec. 60.525. Area, bulk and setback require- ments. See Chapter 61, Schedule of Regulations, lim- iting the height and bulk of buiidings, the mini mum size of lot by permitted land use, and providiag minimum yard setback requirements. (Code 1956, § 6Q.485) Subdfoision 3. 60.530. B-2 Community Business District Sec. 60. ��Intent. The B-2 Community Business District is in- tended to serve the needs of a consumer popula- tion larger than that served by the "Local Busi- ness District," and is generally chazacterized by a cluster of establishments generating large vol- umes of vehicular and pedestrian traf�ic. (Code 1956, § 60.491) Sec. 60.532. Principal uses permitted. In a B-2 Community Business District the use of land, the location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structures from other locations or districts shall conform to the following specified uses unless otherwise pro- vided in this code: (1) All principal uses as permitted and as regulated in a B-1 District. (2) All retail business, service establish- ments or processing uses as follows: 551 a. Any retail business whose principal activity is the sale of inerchandise in an enclosed building. COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #7 ¢ 60.532 LEGLSLA'TIVE CODE �i0 -c�`1 t b. Any service establishment of a vet- erinary elinic, an office, showroom or workshop nature of a contractor (in- cluding, but aot limited to, plumb- ing, heating, air conditioning, eleo- trical, mechanical), decorator, dressmaker, tailor, bakei; painter, up- holsterer, or an establishment doing radio or home appliance repair, pho- tocopying, and similaz service estab- lishments. c. Private clubs, fratemal organiza- tions, liquor licensed establishments and lodge halls. d. Restaurants and fast-food restau- rants when incorporated within a multi-use retail center and which do not provide drivrthrough window 'ce. �� e. Thea e ly halls, auction �r�r-' halls .bin o halts, concert halls, re- 1� S _ / ception similar places of , k J assembly when conducted com letei lf � within enclosed ui dings. f. Business schools, nonacademic col- leges or trade schools operated for profit. g. Colleges, universities, and seminaz- ies, and other such institutions of higher leaming, public and private, offering courses in general, techni- cal, or religious education and not operated for profit; pmvided, that 1. Dormitories or other group stu- dent housing shall not be per mitted within the district; 2. When an institution is estab- lished in the district, the insti- tution shall be required to pro- vide the minimum number of off-street pazldng spaces for em- ployees, staff, or students as set forth in section 62.303(g). The institution shall be re- quired to provide additional pazking spaces only when the minimum number of parking spaces will have W be increased due to a more than ten (10) percent or three huadred (300) gain in the total number of em- ployees, staff or students, which- - ever is less. Thereafter, addi- tional pazlring spaces w�71 have to be provided for each subse- quent gain of more than ten (10) percent or three hundred (300) in the total numbes of employees, staff'or students; and 3. To determine compliance with pazldng requirements in item 2. above, the institution must file an annual report with the planning administrator stating the number of employees, staff and students associated with the institutian. h. Mail order houses. i. Health/sport clubs, conversation/rap parlors, massage pazlors and steam room/bathhouse facilities which aze not adult uses. j. Food catering establishments. k. .. Public, pazochial and other private elementary, junior high or high schools offering courses in general education, and not operated for profit. Brew on premises stores as regu- lated by Minnesota State laws. Coffee kiosks. n. Fully enclosed auto sales when in- corporated within a multi-use retail center. (3) Recycling drop-off station; provided, that the facility: a. Shall not occupy an area more than two hundred (200) square feet and shall not interfere with parking and maneuvering requirements of the principal use; b. Shall be screened pursuant to sec- tion 62.107 if it abuts a residential use or district; Supp. No. 41 552 COURT OF APPEALS NCTMBER CX-00-1838 . .+/ � � � � 2 � � U � -P�-se�� t ---_L"_ �'-'� � /a�/a� � �� -�� c C° � E � � � t �x . f�� L O G+� � �` � i �� v � COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #8 - � �--_� _____: =� -_--:_;r ,� . -i.;.__ % ,. .: � ' , ,_ � t � � t`y �� f` *-'� •; •- � :. i ; �� j `; '� . ' B � � 't -- ; . . . I ' � �t M . • � ! ` � � ___�: 1 _:._ , ., t , :f � i _ ... , � ,� • '_ � � '� I � � % � � i� �- . � I : -,��, , I ; ,. �� ,� , ��' � _J � ��_. ' I,. T0 � , ,■ _�; .� -_: - -� : 6 .� _ • � c = r . .� �• �� • � , r �� u � � : :� Eii L ' � � �� _� :� . r ri � r �� i �u � ��- �� ! • � :�� _� :� ^ ..�;f �: r� �■ � �) �• � �i �..� � �=iE w�l �_ .. �1��► =" d -� - !� �� . � -----------;� i, �, '� ' 'f a � � � ...:�: ; i � ...... 3X; i i ; � _I � l � COURT OF APPEALS NUMBER CX-00-1838 DOCiIMENT #9 Od�` C� � W S� C� � �� p � y � �� pITY O� m !�� 9� � x O - H � iIEF��fl11I[ ro � 11€I � @I II C h � 185'� � SUMMARY MINUTES DG ` � `/ OF THE SAINT PAUL CITY COUNCIL Wednesday, September 27, 2000 3:30 - 5:00 p.m. PUSLIC HEARfNGS - 5:30 - 6:30 p.m. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Ke{togg Boulevard The meeting was called to order at 335 p.m. by Council President Bostrom. Present - 5- Benanav, Bostrom, Coleman, Lantry, Reiter Absent - 2- Blakey, Harris (both excused) CONSENT AGENDA (Items 1- 31) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSIONIS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Nancy Anderson requested the minntes of September 13 be laid over one week. Councilmember Reiter requested Item 10 be withdrawn. Councilmember Benanav requested Item 11 be withdrawn. Councilmember Lantry requested Item 19 be removed for discussion. Councilmember Lantry moved approval of the consent agenda as amended. Yeas - 5 Nays - 0 FOR ACTION Approval of minutes of September 6, and September 13, 2000. Adopted minutes of September 6 Laid over minutes of September 13 to October 4 Yeas - 5 Nays - 0 2. Claims of Susan Carter, Happy Hearts Day Care, HealthEast Transportation, Sue Hurley, Bruce Johnson, Casey Ploehn, Gloria Powell, Thomas Schway (for 7ames Long), Glenn and Andrea Smith and Charlene Steffes. Referred to the Employee/Risk Management Division Suvunons and Complaint in the matter of Building Restoration Corporation vs. the City of Saint Paul, et al. Referred to the City Attorney's Office � COURT OF APPEALS NUMBER CX-00-1838 DOCLJMENT #12 �o- 8� 9t September 27, 2000, City Council Summary Minutes Page 2 4. Letters from the Citizen Service Office/Properry Code Enforcement declaring 684 Cook Avenue East and 429 Lafond Avenue as nuisance properties and setting date of Legislarive Hearing for October 3 10 2000, and City Council Hearing for October 25, 2000. 5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1076 Jackson Street, 637 Rice Street, and 815 Robert Street South as nuisance properties. (For norificarion purposes only; public hearings will be scheduled at a later date if necessary.) 6. Letter from the Reai Estate Division announcing a public hearing before the City Council on October 25, 2000, to consider the petirion of Uppertown Preservation League to vacate a City right-of-way at 365 Michigan Street in order to repair a historical building. (File #3-200Q) Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on October 4, 2000, to consider a preliminary and fmal plat (Sibley Pazk Aparnnents) by Lander Group for the block bounded by 8th Street, Wacouta Street, East 7th Street and Sibley S�eet. 8. Administrarive Orders: D001920 Transferring $9,000 from Fees - Other Professional Services account to Temporary Employee Salary account in the Department of Public Works. D001921 Amending the budget of the Community Development Block Grant Fund by moving balances of completed Pazks projects to the Contingency Funds. D001922 Revising the spending and fmancing plans of various capital projects in the Department of Public Works. D001923 Transferring $2,250 fram the 2000 Citywide Capital Maintenance projects to the 2000 Police Capital Maintenance Projects. Noted as on file in the City Clerk's Office 9. Resolution - 00-867 - Approving the Memorandum of Agreement between the City of Saint Paut and the Lakes and Plains Regional Council of Carpenters and Joiners for the 2000 Wage and Fringe adjustment. (To be laid over one week for adoption) Laid over to October 4 for adoprion 10. Resolurion - 00-848 - Concerning adverse action against all licenses held by Paradise & Lunches, Inc., dba Dakota Baz & Grill, 1021 Bandana Boulevazd East. (Uncontested) (Laid over from September 20) Withdrawn Yeas - 5 Nays - 0 ��g�� September 27, 2000, City Council Summary Minutes Page 3 1 l. Resolution - 00-868 - Approving the application for a Bingo Hall License by RK Midway, LLC, dba Midway Center Bingo, 1508 University Avenue West. (Legislarive Hearing Officer recommends approval) Withdrawn Yeas - 5 Nays - 0 12. Resolution - 00.8b9 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 875 Thomas Avenue, Eller Media - Biliboard Issue, 1430 York Avenue, 1429 Grand Avenue, 26 Dale Avenue South, 682, 888, 131 l, 1325, 1329, 1335, 1940, 1962 and 1967 Grand Avenue, 369 Laurel Avenue, 45 Le�cington Pazkway South, 608, 612 and 616 Lincoln Avenue, 616 Summit Avenue, 136 Western Avenue, 638 and 642 Snelling Avenue, 53 Hilltop Lane, and 1775 Grand Avenue - #306. Adopted Yeas - 5 Nays - 0 13. Resolution - 00-870 - Approving a lease agreement between the City of Saint Paul, the Board of Water Commissioners, and Sprint Spectrum, LLP, allowing installation and operation of a wireless communication system at the Highwood Standpipe site in Maplewood. Adopted Yeas - 5 Nays - 0 14. Resolution - 00-871 - Authorizing application for the Livable Communities Demonstration Program. Adopted Yeas - 5 Nays - 0 15. Resolution - 00-872 - Approving the Cultural STAR recommenda6on for improved downtown signage for directing the public to and from the Rice Park azea. Adopted Yeas - 5 Nays - 0 16. Resolution - 00-873 - Directing the Division of Pazks and Recreation to explore the possibility of developing outdoor athletic fields at Saint Paul Regional Water Services' Sandy Lake site. Adopted Yeas - 5 Nays - 0 17. Resolution - 00-874 - Approving the addition of Linwood Park Booster Club and I3eighbarhood House to the 2000 Charitable Gambiing 10% Club. Adopted Yeas - 5 Nays - 0 18. Resolution - 00-875 - Establishing the 2001 Residenrial Sueet Vitality Program assessment rates. Adopted Yeas - 5 Nays - 0 19. (Discussed after the consent agenda) ��gy/ September 27, 2000, City Council Summary Minutes Page 4 20. Resolution - 00.877 - Amending the spending and financing plans for the Census Tract 9 & 10 project. Adopted Yeas - 5 Nays - 0 21. Resolution - 00-878 - Amending the spending and financing plan of the 2000 Sewer Rehabilitation Prograzn & 1998 Ma,}or Sewer Repair Projects. Adopted Yeas - 5 Nays - 0 22. Resolution - 00-879 - Authorizing and directing the Office of Financial Services, Treasury Section, to initiate all necessary action leading to the possible issuance of City General Obligation River&ont Taz� Increment Refunding Bonds in the approximate amount of $8,410,000.00 for the putpose of sufficient savings. Adopted Yeas - 5 Nays - 0 23. Resolution - 00.880 - Authorizing the Police Department to enter into an agreement with the Best Western White Bear Country Inn for providing the meeting room and refreshments for an Intemet Crimes Against Children Task Force Training Seminaz. Adopted Yeas - 5 Nays - 0 24. Resolution - 00-881 - Authorizing the Police Depamnent to enter into an agreement with Saint Paul Arena, LLC, to provide and to be rennbursed for security services for the Minnesota Wild Hockey gaznes and events. Adopted Yeas - 5 Nays - 0 25. Resolution - 00-882 - Canceling Final Orders, C.F. 94-1116 and C.F. 97-459, for sidewalk reconstructionlconstrucrion projects on the north side of Summit Avenue from Virginia Street to North Western Avenue and Hayden Heights Playground as the work was not done. Adopted Yeas - 5 Nays - 0 26. Resolution - 00-883 - Amending C. F. 00-273, adopted March 22, 2000, which vacated and discontinued public property located neaz York and Weide Streets. This would amend the resolution so as not to retain the easements. Aciopted Yeas - 5 Nays - 0 27. Resolurion - 00-884 - Releasing an unneeded sewer easement on property at 106 Arlington Avenue East. Adopted Yeas - 5 Nays - 0 28. Preliminary prder - 00-885 - In the matter of residenfiai street paving and lighting for the FifthlKennard Residenrial Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935) Adopted Yeas - 5 Nays - 0 �a-�'9j September 27, 200Q City Council Summary Minutes Page 5 29. Preliminary Order - 00-886 - In the matter of construction of storm sewer connections, sanitary sewer connections, water connections and sidewalk reconstruction, at the property owners' request, in conjunction with the Fifth/ Kennazd Residential Street Vitality Project, and setting date of public hearing for November 1, 2000. (File #18935C) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 00-887 - In the matter of the PagelManomin Area Street Paving and Lighting Project, and setting date of public hearing for October 25, 2000. (File #18931) Adopted Yeas - 5 Nays - 0 31. Preliminary Order - 00-888 - In the tnatter of sidewalk repairs and/or the repair of sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Page/Manomin Area Street Paving and Lighting Project, and setting of date ofpublic hearing for October 25, 2000. (File #18931 misc) Adopted Yeas - 5 Nays - 0 19. Resolution - 00-876 - Authorizing the Depaztment of Public Works to seek Federal government funding from the U.S. Department of Transportafion for full or partial funding to construct a gondola across the Mississippi River. R�c Chehouri, Department of Public Works, appeazed before the Council. He said he was in Washington, D.C. seeking federal grant money for the City to build a gondola from the Science Museum to Harriet Island as well as seeking funds for the Phalen Boulevard project. When he met with the Deputy Secretary of Transportation, he stated that the Department of Transportation was interested in the gondola project and they would try to get money for Saint Paul for the project. The City of Philadelphia is also building a gondola and they received a$6 million federal grant. Mr. Chehouri said Public Works avoided research expenses by contacting the City of Philadelphia about their project. Public Works has spent about $5,000 studying the project, he said. T'hey feel the project can sustain itself and make a profit by charging a fee of $2.00 per ride. Revenues aze also anticipated from private investors such as McDonald's who would subsidize the gondola by paying $1.00 for each "Happy Meal" sold. They would also receive public advertising money for the gondola. Mr. Chehouri said it would not be difficult to maintain the gondola and for it to sustain itself; City money would not be used to sustain the system. Councilmember Lanhy said the gondola should not be referred to as a mode of transportation but rather a tourist attraction. Phalen Boulevazd is a lazge priority for the entire City of Saint Paul and she did not want the impression to be given when lobbying for federal transportation dollazs that iPs an either/or situation. 5he also noted that there be-8'r/ September 27, 2000, City Council Summary Minutes Page 6 has not been discussion amongst the Council regazding the gondola as to whether not it is something they really want over the river. She does not feel it's a good use of iransportation doliars for a tourist attraction. Mr. Chehouri said before he went to Washington, he met with staff from the Mayor's Office and they indicated their number one priority was Phalen Boulevazd and he was instructed not to take any federai money that would affect the chances of getting money for Phalen Boulevazd because of the gondola. He was assured by federal officials that the money Saint Paul would receive for the gondola has nothing to do with what the City would receive for Phalen Boulevard because they aze coming out of different funds. He was told there is no money for Phalen Boulevazd this yeaz and if the money is not taken for the gondola, the City will receive nothing this yeaz. Until a discussion is held on what the City's transportation policy is, to take $3 million in federal funds is fiscally irresponsible, Benanav said He further challenged the statement that the gondola would be maintained and sustained by the private market because that statement has been made regarding other projects which proved to not be the case on an on-going basis. He felt at some point it would become the City's responsibility to maintain. He said he has not seen any fiscal projections as to how it would not impact the taxpayers. Mr. Chehouri responded that it will cost $28.00-30.00 per day to operate the system. It will operate on an engine the same size as in a bus and will be run by electricity. Councilmember Benanav said this discussion should have taken place several months ago as there aze many questions to be answered before going forwazd. Ae also noted that he had seen proposals for a$10-15 million pazidng ramp on Harriet Island and $1 million to move the utility wires to install the gondola, etc., and those are issues the Council should have been discussing before going to Washington for money. Councilmember Coleman said he did not feei this was an issue of money but whether it couid be a potenrial amenity for the City of Saint Paul. As a City, he said they need to be always challenging themselves with new and creative ideas to bring people to the City. After further discussion, Councilmember Coleman moved to withdraw the resolufion. Withdrawn Yeas - 5 Nays - 0 ba -�9/ September 27, 2000, City Council Swnmary Minutes p� � FOR DISCUSSION 32. Siz-month Update from the Office of Labor Relarions on their work plan schedule in response to the Coimcil Reseazch Performance Audit (Update requested by the Council on Mazch 15, 2000) Katherine Megarry, Office of Labor Relarions, presented a report of their accomplish- ments over the past suc months. She noted the most sigcrificant item was that they have no open contracts at tlris time. The next seven contracts that will be negoriated expire at the end of December. She also noted that contracts aze now posted on the Web. Mazcia Moermond, Policy Analyst, Council Reseazch Center, reported that Council Reseazch staff is very impressed with the way scheduling and conclusion of contracts is progressing. She noted one of the problems they found was with the provision pertaining to promorional rights and supervisory posirions where inherent managerial policy states "we can not infringe our own rights to hire who we think is appropriate for a supervisory position." Ms. Moermond said it was her understanding from talking to the City Attomey's Office, Labor Relations, Human Resources, and the Mayor's Office that the week of October 5 they will be beginning the process of examining civil service rules, contract, etc. as to what needs to be changed. The 12 month update will be presented on Mazch 28, 2001. 33. Presentarion and demo by the Office of License, Inspections and Environmental Protection of the AMANDA and ECLIPS systems. (Presentarion requested by the Council on August 2, 2000) (Reiter left) A handout was distributed and reviewed extensively by Bob Kessler, Bob Cheney, and Peter Kishel, Office of LIEP. Councilmember Benanav questioned what LIEP's goals were with this system and if those goals have been met. Mr. Cheney responded that LIEP's goal for the ECLIPS system when they started was to find a replacement for the EXL system that the licenses ran on. They were concerned that they would not meet the Y2K deadiine with both of the systems as weil as the licensing system but they met their goal and there was no down time. The AMANDA system is a replacement for the D-Base system which they used for permits. It was a similar Y2K issue and it was ready to go in September 1999. A secondary goal was to iry to streamline their processes and allow employees to use these tools to accomplish more work with less staff due to the economy, etc. bb-�Rl September 27, 2000, City Council Summary Minutes Page 8 Bob Kessler added that since 1995 LIEP has had approximately a 167% increase in workload which inciudes increases in the number of licenses and permits and they have been able to keep up with that workload with a 6% increase in staff. They have taken former inspectors who have developed the system and they were srill able to keep up with the workload because of the efficiencies the system provides. Councilmember Benanav raised the issue of animal control saying he recenfly held a meeting regazding a situarion with dogs and there seems to be a lack of coordinarion between the animal control staff. He asked if there was a way to use the new system to coordinate animal control issues. Mr. Kessler responded that it is in the plans for the future. LIEP has a licensing system that is computerized but an actual complaint system that is still paper-based. Council President Bostrom asked if other departments have access to this data. Mr. Kessier responded that the Fire Department is developing their own inspection system with AMANDA and the next step will be to use the complaints module that is developed by AMANDA which would be for the Office of Citizen Services and that wouid be a City-wide application. (Reiter returned) 34. Progress report by the Mayor's Administration on their discussions with the appropriate State agencies and elected o�ciais regazding the distinct odor from the Gopher State Ethanol Plant. (Request per Council File 00-841 adopted on September 13, 2000) Dan Smith, Deparhnent of Planning and Economic Development, presented a report. He announced that a public hearing was scheduled for October 18, 2000, from 7:00 p.m. to 9:00 p.m. at Monroe Community School, 810 Palace Avenue. Mr. Smith distributed a copy of a letter he sent to members of the St. Paul Legislative Delegation on September 26, 2000. Mr. Smith reported that he has been working with the State Agriculture Degartment and staff &om the Ethanol Program. A new member has also joined the working group from the State Health Department. The plant has received a pilot test scrubber. They have diverted the portion of the emissions from the grain dryer which they aze going to be testing and they will be getting the scrubber in place. They have a toxicologist who will be measuring the before and after. The piant has identified i l compounds in the emissions which may be causing odor. They will test and identify the chemical makeup of the emissions before the scrubber, put the test scrubber in, and idenrify the chemical makeup of the emissions after the scrubber. They also have retained a firm that specializes in measuring odor with 66�$�!� September 27, 2000, City Council Summary Minutes Page 9 elec�onic devices. 5ince odor is subjecrive, they also have a panel of six to eight people to actually smeil bags. They aze also looking at the possibility of shipping the distiller grains, which aze currently dried in the grain dryer, away from the plant while they are stiil wet. Mr. Smith said he has spoke with Mr. Dan Morris &om the Institute for Locai Self Alliance and he is looking into some markets for the wet grain. He indicated that the cost of petroleum and natural gas has driven up the cost of drying the grain so there may be some savings to the plant in discontinuing the drying prices that were not there when the plant was built. Mr. Smith said there are several possible odors coming from the plant. They aze quite certain the odor that is most persistent in the outlying neighborhoods is coming from the graan dryer. There aze other odors that may be coming from the distiliing and from the fermenting and aiso from the brewery which is important to remember. The plant feels if they can address the grain dryer smeli, they can bring the odor level back to an acceptable level as it had been before the ethanol piant opened. Councilmember Coleman said that he and Mayor Coleman have met with staff and they aze continuing to do everything possible to eacplore the various oprions that may resolve the problem. ORDINANCES 35. Final Adop6on - 00-806 - An ordinance fmalizing City Council acrion approving a petition of Episcopal Church Home to rezone property located on the corner of Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the expansion of a retirement community. (Pubiic hearing held August 9, 2000) Councilmember Senanav moved approval. Adopted Yeas - 5 Nays - 0 36. Second Reading - 00-859 - An ordinance approving amendments to Chapter 189 of the Saint Paul Legislarive Code; assign the responsibility for setting fees to the Truth- in-Sale of Aousing Board and remove specific dollaz amounts for fees from the ordinance, add Time of Sale definition, and clarify Required Acts. Laid over to October 4 for third reading/public hearing 37. Second Reading - 00-860 - An ozdinance amending Chapter 82 of the Saint Paul Administrative Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch. 471.345). Laid over to October 4 for third reading/public hearing ��-Sq� September 27, 2000, City Council Summary Minutes Page 10 38. Second Reading - 00-861 - An ordinance amending Chapter 86 of the Saint Paul Administrarive Code to bring it into conformance with amendments to the Uniform Municipal Contracting Act (Ch 471.35). Laid over to October 4 for third reading/public hearing 39. Second Reading - 00-862 - An ordinance amending Saint Paul Legislative Code Section 33.04 by inserting the 50% reduction of all housing related permits as part of an extension of a pilot program, from January 1, 2001, to December 31, 2001, to inctease housing in Saint Paul. Council President Bostrom recommended the pubiic hearing be held on October at wluch time he felt the Council would have the informarion they requested. Councilmember Benanav moved to lay ovet to October 25 Laid over to October 2i for third reading/public hearing Yeas - 5 Nays- 0 40. First Reading - 00-889 - An ordinance amending Saint Paul Legislative Code Chapter 376; requiring annual taxicab velucle inspections instead of biannual inspections and aliowing for appearance inspections of taxicab vehicles up to six (6) times per year. Laid over to October 4 for second reading 41. First Reading - 00-890 - An ordinance amending Saint Paul Legislative Code Secfion 33.02 to allow the fire marshal to suspend or revoke a Certificate of Occupancy for buildings and structures determined to be nuisances. Laid over to October 4 for second reading Suspension Items: Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 00-910 - Waiving the 45-day norice requirement for issuance of a liquor li,:ense to Bamboleo, 162 Dale Street. The owner of the restaurant appeazed and said a few words about the restaurant. He indicated that Bamboleo is a Caribbean-Latino restaurant. Adopted Yeas - 5 Nays - 0 ��- � l/ September 27, 2000, City Council Summary Minutes Councilmember Coleman moved suspension of the rules and approval of the following resolution: Page i 1 Resolution - 00-911- Waiving the 45-day norice requitement for issuance of a liquor license to Mickey's Nook, 492 Hamline Avenue. Adopted Yeas - 5 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the foilowing resolution: Resolution - 00.912 - Amending Council File 00-321, Adopted Apri15, 2000, (approving the petition of Dennis Guprii to vacate a portion of East Fifth Street, Etna Street, and the alley in Hamer's Subdivision in order to aliow construction of new housing units) by changing wording in the legal descriprion. Adopted Yeas - 5 Nays - 0 The meeting was recessed from 4:50 - 5:32 p.m. Present - 4 Absent - 3- Blakey, Harris (both excused); Coleman (azrived after rol] call) PUBLIC HEARINGS The nublic hearine on the Housing Revenue Bonds for the Franciscan Health and Housine Services Proiect (St Mary's) was continued to October 4 2000 42. Public hearing regarding the City's Notice of Intent to Franchise Providers of Cabie Communication Service and applications received from Everest Connections Corporation and WideOpenWest Minnesota, LLC. (Laid over from August 9 for continuation of public hearing) Gerry Strathman, Council Reseazch Director, reported the City was still in the process of obtaining complete informarion from both applicants and he recommended the hearing be continued to December 6, 2000. Councilmember Lantry moved to lay over to December 6, 2000. Public hearing continued to December 6, 2000 Yeas - 5 Nays - 0 ��f September 27, 2000, City Council Summary Minutes Page 12 43. Third Reading - 00-550 - An ordinance to regulate newsracks that are located within public rights-of-way. (Substitute introduced June 7; laid over from August 9 for continuarion of third reading/public hearing) (No testimony will be taken on 9/27/00 as this ordinance will be laid over to October 25 for continuation of third reading7public hearing) Coimcilmember Coleman moved to lay over to October 25. Laid over to October 25 for continuation of third readinglpublic hearing Yeas - 5 Nays - 0 44. Resolution - 00-165 - Conceming adverse action against all licenses held by E& K Corporation, dba Checkers Nite Club, 1066 7th Street East, for failure to pay delinquent license fees. (Laid over from September 6; conditions were placed on the license) Virginia Paimer, Assistant City Attomey, reported this adverse acrion invoives Checkers Nite Club's failure to pay delinquent license fees and failure to have liquor liability insurance in force. At the September 6, 2000, Council meeting, Ms. Palmer requested a layover as she had discussions with the owner pertaining to withdrawing the licenses as he indicated the business had been closed. She received a letter from the owner saying the establishment has been closed since February, 2000. However, the delinquent license fees go back to the last haif of the fees due in 1999-2000 and cover a lazger period of time than the time he indicates the business was closed. Ms. Palmer recommended the Council adopt the resolution suspending the licenses until ail license fees have been paid and that he not be allowed to re-open until liquor liability insurance is in force. No one appeazed in opposifion; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 45. Public hearing to consider the report of the Administrative Law Judge conceming the Application for a Taxicab Driver's License by Willie B. 7ones, 7r. Virginia Palmer, Assistant City Attorney, reported there was a hearing before an Administrarive Law Judge (ALn concerning this matter. Willie Jones applied for a taxicab driver's license and was recommended for denial based upon a 1997 felony conviction. The Legisiative Code does not permit a person to have a license if they have a felony conviction within the last five yeazs. Mr. Jones requested a heazing in order to present evidence that he had undergone rehabilitation and was a fit applicant for a driver's license. He was sent notice of the hearing but failed to appeaz. Therefore, The Administrarive Law Judge report made September 27, 2000, City Council Summary Minutes � V � f �� Page 13 findings that Mr. Jones had been given proper notice, that he forfeited his right to contest the aliegations and that there was no evidence of rehabilitation in the record and made a recommendation that the Council deny the license. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and adopt the report of the AI.J. Adopted the Findings of Fact, Canclusions and Recommendation of the Administrafive Law 7udge (application denied) Yeas - 5 Nays - 0 Public hearing to consider the report of the Administrarive Law 3udge concerning the Auto Body Repair Garage License held by Steve's Auto Body, 1196 East 7th Street. Virginia Palmer, Assistant City Attomey, stated that the Office of License, Inspections and Environmental Protecrion (LIEP) had started adverse action against the licenses held by Steve's Auto Body based upon allegations of violarions on the conditions of lus license. Mr. Hakala requested a hearing before an Administrative Law Judge (ALJ}, appeared and gave testimony. The ALJ also heazd testimony from LIEP employees and the licensee and property owner and found that LIEP had sustained the burden of showing there have been violations of the conditions on the license. Adverse action was previously taken against the ]icense on January 12, 2000, due to violation of the condirions of the license. At that rime, Council imposed a penalty of a 30-day ciosure with 15 of the days suspended, a fine of $500.00, and that the properry be cleaned up within one week of adoption of the resolution. The recommendation at ttris hearing was for a 30-day closure and an additional 15 days, which were previously suspended, and a$1,000 fine. Tfie ALJ found that the violations had been proved, recommended adverse acrion but made no recommendation for what the appropriate penalty would be. Ms. Palmer noted in reading the ALJ report that monitoring the conditions on the property is taking an enormous amount of staff time in the Office of LIEP. She recommended that a 45-day closure wouid be appropriate since this is the second t'sme flris yeaz this matter has been before the Gouncil. She recommended ffie Council adopt the fmdings and conclusions of the AL7 report, impose adverse action, and that the property not be allowed to re-open until it is completely in compliance with all of the license conditions and any zoning code requirements. No one appeared in opposition; Councilmember Lanhy moved to close the public heanng. Yeas - 5 Nays - 0 b�-�qi September 27, 2000, City Council Summary Minutes Page 14 Councilmember Lanhy noted the number of violations Mr. Hakala has been cited for and said if he is allowed to operate, she does not feei he will come into compliance. The business he operates does not fit the space that is available to him, she said No one appeared in opposition; Councilmember Lantry moved to adopted the Findings of Fact and Conclusions of Law of the ALJ and also to deny the license. Adopted the Findings of Fact and Conclusions of the Administrative Law Judge. Adverse action was imposed (license was revoked and a$1,000 fine). Yeas - 5 Nays - 0 47. Pubiic hearing to consider the report of the Adminisnative Law Judge conceming the Application for an Auto Repair License by Felip Samaniego, dba High Tech Auto Services, 943 Maryland Avenue East. Virginia Paimer, Assistant City Attorney, outlined the conditions which were agreed to by the owner of High Tech Auto Services. I3o one appeazed in opposition; Councilmember Benanav moved to close the public hearing and Adopt the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge including addirional conditions recommended by the Office of License, Inspections and Environmental Protection. Yeas - 5 Nays - 0 48. Resolurion - 00-891 - Waiving the two-mile distance requirement for RK Midway, LLC, dba Midway Bingo Center, 1508 West University Avenue, and granting the applicarion for a bingo hall iicense. Robert Kessler, Director of the Office of License, Inspections and Environmental Protecrion (LIEP) appeazed and said LIEP staff recommends approval of the bingo center appiication as they find the loca6on is consistent with the intent of the proposed waiver contained in Council File 00-314. LIEP staff, in consultation with David Gonterek of the Department of Planning and Economic Development, find that the bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hail is ideal in that it wili generate economic activity in a vacant and under-utilized azea of the shopping center and the physical iocation is sepazated from residential uses. LIEP aiso believes the concept of obtaining the consent of neighboring bingo halls to allow a new bingo hall to locate within the two mile radius of an eacisting hall dces not make sense. 23ot oniy �e there problems with the brokering of that consent, it limits competition and allows bingo hail owners the upper hand in leasing agreements. September 27, 2000, City Council Summary Minutes bb��9i Page I S Mr. Kessler said the Office of LIEP urges Council approval of the application and they oppose legislarion that allows for the waiver. Appearing in opposirion to the waiver were the following individuais: Bob Maher, Attomey with Best & Flannigan, representing Oak Grove Properties and Jim Reiliy, ffie owner of the commercial space at Lexington and University which includes a licensed bingo facility. He stated that Mr. Reilly has operated his bingo site for nine years with four cbariries as his tenants. If the Council grants the waiver, Mr. Maher said it was theu position that Mr. Reilly will no longer be able to operate a bingo facility at this site because his four cbarity tenants have indicated they will move their bingo sessions from the current space to the new Midway space if it is licensed. There are no other charities showing a desire to take their place so Mr. Reilly would have to close his business. Rather than the waiver providing an economic benefit, it will simpiy move an existing economic benefit to another location. There is no justification for depriving the Le�ngton-University azea of these benefits, Maher said. Don Ludeman, President of Snelling Hamline Community Council, said Sneliing Hamline is a very business friendly neighborhood and the community council has good relations with the businesses. Mr. Ludeman spoke for the waiver with conditions which he outlined There are neighbors in Snelling Haznline who have strong negative perceptions of bingo halls. They feel there is a potential for a negative impact on the neighborhood. The desire of the neighborhood is to work with the proposed tenants to minimize the negative impacts and masimize benefits. Appearing in support of the waiver were: Paula Maccabee, Attorney representing RK Midway, stated that the Council passed an ordinance which has a ciear guideline as to when a waiver should be approved. It does not talk about special circumstances but talks about promoting responsibie owc�ership and accountability. RK Midway determined the Lexington locarion was not meeting the needs of the four chariries involved ox their customers' needs for a feeling of security and far shopping which their customers wanted. Within the rights of their lease, which has a notice provision, they sought another alternative. RK Midway has signed leases and are ready to move into the space at Midway Center. Ms. Maccabee talked about why this move will provide economic development benefits. Ellen Waters, President of the Midway Chamber of Commerce, said she was present to offer the Chamber of Commerce's support for the waiver and the licensing. The potential economic benefits are shared by them from the standpoint of not whaPs good for any individual business but what is best for the whole Midway business community. They feel it is an important investment and she said they aze very pleased that RK Midway is willing to make some improvements and she encouraged them to continue to work with September 27, 2000, City Council Summary Minutes :La �� -�� Page 16 the neighborhood to address any concems. They feel the evidence is strong that the move will provide some very good benefit. Ms. Waters said they wouid be willing to work with Mr. Reilly at Le�ngton and University to find a good use for that properry. Bazbara Kale, CEO of Midway Training Services (MTS), one of the charities at Midway Bingo Palace, stated that MTS serves developmentally disabled adults and one of their main goals is to provide employment for their clients. She requested the Council's support of the waiver stating that MT'S has been involved in charitable gambling for appro�Limately 12 yeazs as they need to supplement the per diem they receive. Jerry Perron, Attorney with Leonard Street & Deinard, appeazed on behalf of RK Midway and submitted, for the record, the premise site plan, a city wning map showing that it will be wned B-2 and a bingo hall is an approved use in that zone, a parking study showing there is adequate parking for the site, and a composite site plan which shows this site is in the very epicenter of a very lazge commercial development and it won't have impact on the sutrounding neighbors. Councilmember Reiter moved to close the public hearing Yeas - 5 Nays - 0 Councilmember Benanav moved to grant the waiver saying he felt the waiver meets the test of the ordinance; i.e., it would provide economic development. He concurred with Ms. Kale that over the last few yeazs MTS has seen their profits decline significantly as a result of the condition of the premises they currently occupy. If projections aze correct, they will see an increase in their profits. Councilmember Reiter stated he would abstain from voting, on the advice of the City Attorney, as he has an association with one of the charities. Adopted Yeas - 4 Nays - 0 Abstention - 1(Reiter) (See discussion on page 17) (Reiter le8) 69. Public hearing to consider the application by Maryland Real Estate Investments for a subdivision review (combined plat) for subdivision of properry at 905-911 East Maryland Avenue (East Maryland Clinic). No one appeared in opposi6on; Councilmember Lantry moved to close the public hearing and approval. Motion of Intent - Application granted Yeas - 4 Nays - 0 (Reiter not present for vote) September 27, 2000, City Council Summary Minutes (Reiter returned) �� ` � Page 17 50. Resolution - 00-893 - Establishing No Pazking 8AM-8PM, Monday-Friday, Except by Permit, Area 22, wne on both sides of Goodrich Avenue behueen Cretin Avenue and Finn S�eet. 130 one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 (Benanavleft) 51. Resolution - 00-894 - Ordering the owner to remove or repair the building at t08 Atwater Street within fifteen (15) days from adoption of resolution. (Legislative Aearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on September 5, 2000, and no one appeared on behalf of the properiy. Approval of the order was recommended by Mr. Strathman. No one appeazed in opposition; Councilmember Reiter moved to close the public hearing and approval. Adopted Yeas - 4 Nays - 0(Benanav not present for vote) 49. Resolution - 00-892 - To consider the application for a sound level variance by Wild Tymes Sports Club, 33 7th Place West, to allow musicians and sound system concerts at their block parties from 12:00 noon to 12:00 midnight on September 29, 30 and October 1, 2000. (Benanav retumed) Robert Kessler, Director of the Office of License, Inspections and Environmental Protecrion (LIEPj, appeazed and recommended approval of the application. Councilmember Coleman said he was told by a member of the District 17 Planning Council that they had not received notice of the appiication for a sound level variance and their boazd was not able to take action. Mr. Kessler responded that his records show the district council was sent a notice. However, the requirement is that the norice be sent 15 days before the event, it was mailed on September 22 which, he acknowledged, did not meet the 15-day requirement. Councilmember Coleman suggested that a phone call or norification by fa�c could have served as notification in this case. po--��l September 27, 2000, City Council Summary Minutes Page 18 John McDonough, owner of Wild Tymes Sports Club, appeazed and talked about the event. Councilmember amended the hours for the sound level variance on October i to 12 noon to 9:00 p.m. No one appeazed in opposition; Councilmember Coleman moved to close the public hearing and approval. Adopted as amended Yeas - 5 Nays - 0 52. Resolution - Of1-895 - Ordering the owner to remove or repair the building at 828 Cook Avenue East within fifteen (15) days &om adop6on of resolution. {Legislative Hearing Officer recommends granring the owner 180 days to complete rehabilitation of the property provided a code compliance inspection is completed and a$2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislarive Hearing Officer, reported the bond was posted and a code compliance inspection was done. No one appeared in opposition; Councilmember Lantry moved to ciose the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0 53. Resolution - 00-896 - Ordering the owner to remove or repair the properiy at 1246 Seventh Street East within fifteen (15) days from adoprion of resolurion. (Legislative Hearing Officer recommends approval) No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 54. Resolution - 00-897 - Ordering the owner to remove or repair the properiy at 682 Western Avenue North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the owner 180 days to complete rehabilitation of the property provided a code compliance inspecrion is completed and a $2,000 bond is posted by noon on September 27, 2000) Gerry Strathman, Legislative Hearing Officer, reported the required bonds were not posted and, therefore, he recommended agproval of the original order. 6��g9f September 27, 200Q City Council Summary Minutes Page 19 No one appeared in opposirion; Councilmember Reiter moved to close the public hearing and approval. Adopted (remove or repair within I S days) Yeas - 5 Nays - 0 55. Resolurion - 00-898 - Ordering the owner to remove or repair the propetty at 1497 York Avenue within fifteen (15) days &om adoption ofresolution. (Legislative Aearing Officer recommends granting the owner 180 days to complete rehabilitation of the property) Gerry Strathman, Legislative Hearing Officer, reported the required bonds and code compliance inspection were completed No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legisiative Hearing Officer) Yeas - 5 Nays - 0 56. Resolution - 00-899 - Ordering the owner to remove or repair the property at 414 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislarive Hearing Officer recommends approval) Gerry Strathman, Legislative Hearing Officer, reported a Legisiative Hearing was held on this matter on September 19 and no one appeared on behalf of the property. No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 57. Appeal of Paul3ohnson to a summary abatement order for property located at 79 Virginia Street. (Legislative Hearing Officer recommends denyutg the appeal} Gerry Strathman,. Legislative Hearing Officer, reported a Legislative Hearing was held on ttus matter on September 5. T'he matter involved an appeal to a summary abatement order requiring that overhanging trees be cut and debris be removed from the driveway. Mr. Strathman said he felt the orders were appropriate given the circumstances and he recommended denying the appeal. No one appeared in opposifion; Councilmember Reiter moved to close the public heazing and approval. Appeal Denied Yeas - S Nays - 0 �o �� q September 27, 2000, City Councii Summary Minutes Page 20 58. Appeal of David Goldman to a summary abatement order for property located at 641 Lincoln Avenue. (Legislative Hearing Officer recommends denying the appeal) Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on this matter on September 5. It involved the appeal of a correction order having to do with tall weeds and grass and other repairs to the exterior of the building. Testimony was taken and based on that, he recommended the appeal be denied No one appeazed in opposition; Councilmember Reiter moved to close the public hearing and approval. Appeal Denied Yeas - 5 Nays - 0 59. Iiesolution Rarifying Assessment - 00-900 - In the matter of summary abatements (properry clean-up) at vacant lot on Ross Avenue, 1153 Sherburne Avenue, 762 Thomas Avenue and 244 Aurora Avenue (J0003AA); towing of abandoned vehicles from private property at 99 Hatch Avenue and 1163 Minnehaha Avenue West (J0002V�. (Laid over from August 23) (Legislative Hearing Officer recommends the following: Vacant lot on Ross Avenue (J0003AA1- approve the assessment 1153 Sherburne Avenue (70003AA1- reduce the assessment to $200.00 pius the $45.00 service fee for a total assessment of $245.00 762 Thomas Avenue (J0003AAZ- approve the assessment 244 Aurora Avenue (J0003AA1- approve the assessment 99 Hatch Avenue (T0002V� - reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00 1163 Minnehaha Avenue West (70Q�2W1- reduce the assessment to $155.00 plus the $45.00 service fee for a total assessment of $200.00) Gerry Strathman, Legislative Hearing Officer, reported a Legislative Hearing was held on September 5, testimony was taken, and recommendations were made by the Legislarive Hearing Officer. No one appeared in opposition; Councilmember Lantry moved to ciose the public hearing and approval as amended. Adopted as amended (per recommendation of the Legislarive Hearing Officer) Yeas - 5 Nays - 0 September 27, 2000, City Council Summary Minutes �V �� l Page 21 60. Resolution Ratifying Assessment - 00-901 - In the matter of summary abatements for towing abandoned vehicles from private property during the month of March and April, 2000 (J0003 V, J0004�; property clean-up &om late May through June, 2000 (J0004A); demolirion of vacant buildings during the months of June and July, 2000 (J0004C) (Legislative Hearing Officer recommends approval with the following exceptions: 1045 Fremont Avenue (J0003� - lay over to the September 26, 2000, Legislative Hearing and the October 4, 200Q City Council Meeting; 840 Montana Avenue West L004A1- reduce the assessment to $200.00 plus the $45.00 service fee for a total assessment of $245.00; 952 Euclid Street (J0004V) - lay over to the September 26, 2000, Legislative Hearing and the October 4, 2000, City Council Meeting; 769 Burr Street (J0004VZ - lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was held on September 19, testimony was taken and recommendations were made by the Legislative Hearing Officer. 10 Goodhue S�eetSJ0003V1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting) 966 Chazles Avenue was referred to a Legisiative Hearing on October 10, 2000, and City Councii Hearing on October 25, 2000. Orland Reno, 203 Genesis Street, appeared He was cited for two cars that were towed away, one in March and one in April. He stated that he purchased the properiy in May and he questioned why he was responsible for the assessment. Gerry Strathman, Legislafive Hearing Officer, said this matter was heazd at a Legislative Hearing and at that time he explained to Mr. Reno that under the City Code the property owner is responsible for all assessments. The seller should have informed Mr. Reno of pending assessments at the 6me of the sale. He. told Mr. Reno that Iris recourse wouid either be to the seller for not informing him of the assessment or possibly the ritie insurance. Cazol Anderson, daughter of the owner of 840 West Montana Avenue, appeazed She said she was appealing the assessment because damage was done to the gazage, the house, and the yazd by the heavy equipment that was used. Gerry Strathman, Legislative Hearing Officer, said at the Legislative Hearing he suggested to Ms. Anderson that she file a claim with the City for the damage that was done to the property. He felt the assessment of $345.00 for mowing was excessive and lie recommended reducing the amount. September 27, 2000, City Council Summary Minutes Councilmember Reiter moved to close the public hearing and approval. Adopted as amended (per recommendation of the Legislative Hearing Officer and the Council's recommendation on 966 Charles Avenue [see belowj) Yeas - 5 Nays - 0 6b-�� Page 22 Councilmember Reiter moved to re-open Item 60 to consider 966 Charles Avenue. Yeas - 5 Nays - 0 966 Chazles Avenue - Gerty Strathman, Legisiative Hearing Officer, stated the property owner did not appeaz at the Legislative Hearing and suggested it be refenad to the Legislative Hearing on October 10, 2000. The property owner was agreeabie. Counciimember Reiter moved to refer 966 Charles Avenue to a Legislative Hearing and approve the balance as noted above. Adopted as amended Yeas - 5 Nays - 0 bl. Resolurion Ratifying Assessment - 00-902 - In the matter of summary abatements for grass cutting (by private contractor) during the months of May, 7une ancUor 7uly, 2000 (70004G); boazding-up of vacant properties during the months of April and May, 2000 (J0004B); properiy clean-up from late June through July, 2000 (JOOOSA); towing of abandoned vehicles from private property during the month of May, 2000 (J0005�. Legislative Hearing Officer recommends approval with the following exceptions: 815 Robert Street South (70005A1- lay over to the September 26, 2000, Legislarive Hearing and the October 4, 2000, City Council Meeting; 621 Humboldt Avenue (J0005 Vl - lay over to the September 26, 2000, Legislative Hearing and the October 4, 200Q City Council Meeting. (Coleman left) Gerry Strathman, Legislative Hearing Officer, reported a Legislarive Hearing was heard on this matter and recommendations were made. No one appeared in opposition; Councilmember Lantry moved approvai as amended. Adopted as amended (per recommendation of the Legislafive Hearing Officer) Yeas - 4 Nays - 0(Coleman not present for vote) bb -$� � September 27, 2000, City Council Summary Minutes Page 23 62. Resolurion Ratifying Assessment - 00-903 - In the matter of installarion of bituminous roadway, constructing concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tre� planting, construction of a lantern style lighting system, and ali other work necessary to complete improvements for the Western/Lawson RSVP Paving and Lighting Projeck (File #18904) Counciimember Reiter moved to introduce a substitute resolution which deleted two streets. No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval as amended. Substitute introduced and adopted Yeas - 4 Nays - 0(Coleman not present for vote) 63. Resolution - 00-904 - Approving the vacation of parts of John Street and an alley for construction of the new Law Enforcement Center. (Vacation File #1-2000) Counciimember Coleman moved to lay over to October 25. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 64. Resolution - 00-905 - Approving the petition of the City of Saint Paul to vacate part of a lot neaz Point Douglas Road and Clarence Street originally taken for right-of-way purposes for the adjacent property owner now to purchase the properry. (Vacation File #9-2000) No one appeared in opposirion; Councilmember Lanhy moved to ciose the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 65. Resolurion - 00-906 - Approving the petirion of Total Tool, Inc. to vacate part of Aldine Street lying south of Roblyn Avenue and north of the raikoad right-of-way for the eupansion of a manufacturing and wazehouse facility. (Vacation File #10.2000) No one appeared in opposition; Councilmember Benanav moved to close the public hearing and approval as amended. Adopted Yeas - 5 Nays - 0 66. Resolution - 00-907 - Approving the petition of Donald and Doriene Callais to vacate part of the east-west alley in Block 14, Hayden Heights Addition to alter the shape of their properry. (Vacation File #8-2000) Tim Vandeberg, 1984 Cleaz Avenue, appeared in opposifion to the vacation saying that the vacation would deny him access to his garage because it is on the corner of the alley. September 27, 2000, City Councii Summary Minutes �b-��1 Page 24 Peter White, Reai Estate Division, displayed a map of the proposed vacation. A petirion was received to vacate a part of the ailey in the block bounded by Furness, Ruth, Cleaz, and Ivy_ A secrion of the alley is 27 ft. wide and the rest of the alley is 20 8. wide which is the standard alley width. The peritioner wanted to vacate 15 feet of the alley and between negotiarions with the petitioner and the Public Works Department, the request was limited to seven feet wluch leaves a 20 ft. wide ailey through the block. After the petition was received, Reai Estate contacted the utiliries and City departments and there were no objections to the vacation. Mr. Wlute said the recommendation is that the Council approve the vacarion subject to the terms and conditions in the resolurion. Mr. White procaeded to explain the layout of the alley and the gazage. Councilmember Benanav said he could understand there may be a problem with Mr. Vandeberg accessing his garage if the door is on the comer. He questioned if it wouldn't have been better to vacate part of the atley but cut off a piece for Mr. Vandeberg to access his gazage. Peter White responded that the City Council has authority to amend the resolution. If that were to be the case, he suggested it be laid over in order to come back with a legal descripdon of the reconfiguration. Councilmember Benanav moved to lay over four weeks. Laid over to October 25 for public hearing Yeas - 5 Nays - 0 67. Resolurion - 00-908 - Approving the petition of the State of Minnesota to vacate Rose Avenue from Phalen Boulevazd to Bazclay 5treet for construction of the State of Minnesota's Bureau of Crirninal Apprehension Building. (Vacation File #2-2000) No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 68. Resolution - 00-909 - Agproving the petifion of Ronald Thorson to vacate Bazclay Street from Reaney to Bush Avenues and the alley in Block 3, Homan's Subdivision in order to construct a garage on part of the vacated azea. (Vacation File #6-2000) No one appeazed in opposition; Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 5 Nays - 0 69. (Discussed earlier in the meeting - see page 16) The meeting was recessed from 7:10 to 7:20 p.m. Rol] Cail: Present - 5 Absent - 2(Blakey, Harris - excused) b�-��l 5eptember 27, 20Q0, City Councii Summary Minutes Page 25 70. Public hearing to consider the appeal of the Summit Avenue Residential Preservation Associarion (SARPA} to a decision of the Heritage Preservation Commission (HPC) granting approval of a demolition permit at 828 Summit Avenue. Tom Reddering, Deputy Director, Office of LIEP, appeazed and stated a staff report or recommendation was not avaitable on tlus issue partially due to the resignation of former Heritage Preservation staff person Aaron Rubenstein. APPearing in support of the appeal was: James Toscano, President of SARPA. He said he feels the decision made by the HPC does not anticipate the consequences that occut. SARPA believes that any home in the Hill District of the Nationai Preservation District and the State Historic Preservation District must have an environmentai assessment worksheet (EAVI� as is specified in State and Federal rules. The State Environmental Quatity Board submitted a ruling. He questioned if the ruting cieazly states that both the Environmental Quality Board and the State Historic Preservarion agree that any home in the historic preservation district, if there is going to be removal or demolirion, must have an EAW. It was not done, it was pointed out to the Historic Preservarion Commission, and they chose to pass it on to the City Attomey and to the City Council. Mr. Toscano noted that SARPA is not opposed in any way nor dces it have anything to do with the people wishing to build a home on Summit Avenue. He said they were before the Council to ask that state law be enforced on the EAW and establish procedures so they have a precedent to use when other properties that are in the Hill District or other dishicts may come before the Council. Mr. Toscano said the staff recommendarion at the HPC was for further study which was disregazded. He said he testified before the HPC and there was no discussion of kris complaints or any discussion of the Summit Avenue Plan which lists the house as one of the homes of a noted azchitect. It would be the first house to be demolished since the 1980s and is a serious precedent setting case, he said Councilmember Lantry said it was her understanding that if 25 people signed a petition, the City was then required to do an EAW and she questioned Mr. Toscano if there is a petition process. Mr. Toscano said he did not know but in this case the State Environxnental Quality Boazd says it must be done. Appeared in opposition to the appeai were the following: Joseph Konstan, 582 Cretin Avenue, the prospecrive home builder at 828 Summit Avenue, explained in detail the steps they have gone through in their efforts to buy the property and build a new home. A public HPC hearing was held and their application September 27, 2000, City Council Summary Minutes bb � Page 26 was approved »nanimaus]y, Af}er discussing all the issues, SARPA appealed the decision, they went back to the HPC, and the HPC affirmed their findings and confirmed them in writing. Mr. Konstan responded to the issues raised by Mr. Toscano. He said the applicabie City Code and plans are fairly clear and they ail say t�e HPC should review all building permit applications for demolition which includes the Summit Avenue Plan adopted in 1986, the District 16 Plan adopted in 1989, and iYs clear in the City Code the criteria the HPC should use. He noted that SARPA did not raise the EAW issue in their statement before the HPC or in their letter of appeal. They raised issues about the Swnmit Avenue Plan, about the precedent and that it would "open the flood gates" and those issues were discussed and addressed specifically by the HPC. The HPC Chair made a statement that this is not precedent and the only precedent is that each case will be decided individuaily on its merits. To claim that the HPC neglected the unportant issues is not true, he said. Joan Ostrin, property owner of 828 Summit Avenue, voiced her support for pernutting the Konstans to demolish the home and rebuild. She said their plans for rebuilding will enhance and add distinction to Summit Avenue. Councilmember Coleman moved to close the public hearing. Yeas - 5 Nays - 0 Councilmember Coleman raised questions about the EAW process and where it fits in. He said the language of the State Code is clear by the Environmecual Quality Board (EQB). He asked Peter Warner, Assistant City Attomey, what the meaning is of historic districts as opposed to individual designarions of structures be if it were interpreted the way the respondent suggested. Mr. Wamer said one of the interesting problems in this case is the fact that a short while ago City staff asked the EQB for an interpretarion of the rules. They advised that it is the EQB's policy to look at all structures within a designated historical district as structures that require an EAW. That information was transmitted to the City Attorney's Office and he said he did not have a clear answer for the Council at this time. Mr- Warner said it would be useful for the City Attomey's Office to look at the rules and consult with EQB staff or the Assistant Attorney generai to determine if it is a long- standing interpretation because the impiications of it are fairly substantial to the City both in pas[ and future practices. Councilmember Coleman moved to lay over one week. Laid over to October 4 Yeas - 5 Nays - 0 September 27, 2000, City Council Summary Minutes �b-�� 1 Page 27 71. Public hearing to consider the appeal of David Thom to a decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to replace a rear second story deck at 410 Eichenwald Street. Tom Riddering, Acting HPC staff person, appeared. He said there was not a staff report or recommendation on ttris matter. It involves an HPC decision to deny Mr. Thom approval for a rear second-story deck on his home. David Thom, the appeilant, appeazed He stated he has owned and lived at 410 Eichenwald Street for over 23 years. He submitted a permit application to replace a portion of the roof on his house and to replace the existing deck which is in severe need of repair. He showed the Council photographs of the areas he would like to repair as weli as neighboring homes with similaz decks. He said he did not feel his plans for the deck would alter the architecturai chazacter of the house. 3taff recommendation was that they would approve a simple stairway on the side of the house to replace the existing stairs and a landing from the stairs to the door but not a deck and he feels the deck needs to be repiaced. He noted he has the support of ail his close neighbors as well as addirional people in the surrounding neighborhood. Councilmember Coleman expressed concem that the Council had nothing concrete before them to make a decision and there was no staff person present. No one appeared in opposition; Councilmember Lantry moved to close the pubiic hearing. Yeas - 5 Nays - 0 Councilmember Lantry said she looked at the property and ffiere is no way Mr. Thom can build the deck differently to make it conforming. Councilmember Lantry moved to grant the appeal, that the HPC erred in its findings. The shucture is identified as non-contributing in the historic district and it is not pivotal to the historic district. It loses the spirit and intent of what the Code reads as "decks" which is that "decks should be constructed only at the rear of the building or where most inconspicuous." The HPC also erred because Mr. Thom will be replacing a deck that is already there and it could be removed at a future date with no azchitectural problems to the existing structure. Discussion ensued amongst the Councilmembers. Mofion of Intent - Appeal Granted Yeas - 4 Nays - 1(Coleman) Council found enor in the HPC's decision. September 27, 2000, City Council Summaty Ivlinutes Councilmember Reiter moved to adjoum the meeting. Yeas - 5 Nays - 0 ATTEST: � � �� Nancy An erson _� Assistant Councii Secretary ADJO AT :35 P.M. � r b ,,� Daniel ostrom, Council President Minutes approved by Council O e3; . �5 r �c�c�c', bo-� � Page 28 mce A �� V V � � 0 � z N � � N � . d � � � � E W � -� � a � �o a � � U '; `+' aG ,L >' .� U � �d �, a 3 �' F z � a w � ¢ w a a� n V_ V\ v �� `�! Transcript of St. Paul City Council Meeting September 27, 2000 TABLE OF CONTENTS Testimony of Robert D. Maher ............................................................................ 2 Testimony of Don Ludemann .............................................................................. 6 Testimony of Paula Maccabee .......................................................... .................... 9 Testimony of Bl1en Waters ............ ..... ................. ............................ ................... 13 Testimony of Barbara Kale .................................................................................16 Testimony of Jerry Perron ...................................................................................18 Council Secretary: Item 48, Resolution 00891 Waving the two mile distance requirement for RK Midway d/b/a Midway Bingo Center, 1508 West University Avenue, and granting the application for a bingo hall license. Council President Bostrom: Kessler: Mr. Kessler. Mr. President, members of the Council. In regard to the new bingo hall at Midway Shopping Center, license staff recommends the approval of the application at the Midway Shopping Center because we find that the location is consistent with the intent of the proposed waiver contained 'm Council File 00314. L.LE.P. staff, in consultation with David Gontarek of the Department of Plaxuiiug and Economic Development, finds that the new bingo hall will have no adverse impact on the adjacent neighborhood or the commercial businesses. The location of the proposed bingo hall is ideal in that it will generate economic activity in a heretofore vacant and under-utilized azea of the shopping center. The physical 1 �� a M ¢ `.` a � M �i � � F oW� H � � � �zQ vr ; � location is separated from the residentiai uses by Interstate 94 to the south, the MTCO bus gazage to the west, Cub Foods to the east and the Midway Center itself to the north. L.I.E.P. also believes that the concept of obtainuig the consent of neighboring bingo halls to a11ow a new bingo hall to locate within the two mile radius of an existing hall does not make sense. Not only are there problems with the brokering of that consent it lunits comperition and allows bingo hall owners the upper hand in leasing agreements. We urge your approval of the application of the proposed legislation that allows for the waiver. I'd be glad to answer any questions regarding this that you might have and am also aware that there are others here that wish to speak to this issue. Bostrom: Are there any questions of staff before we begin the public hearing? Alright, thank you Mr. Kessler. This is a public hearing and I just advise folks we allow 15 minutes on each side. With something like this you don't have to take it but that's whaYs available, so what we would ask is that anyone that is in opposirion to this, if you would like to address the Council. Maher: Good evening. Council President Bostrom and the City Council, my name is Bob Maher. I'm an attorney at Best & Flanagan and I represent Oak Grove Properties and Jim Riley. Jim Riley owns the commercial space at Lexington and University which includes a licensed bingo facility as I am sure most of you know. We oppose this request for a waiver. Mr. Riley has operated bingo at his site for 9 years with four charities as his tenants. If the Council grants tYus waiver, it is our position that Mr. Riley will no longer be able to operate a bingo facility at this site. The reason being is that Mr. Riley's four tenants, these charities, have 2 o�-�� 1 indicated that they aze going to move their bingo sessions from his spot at Lexington and University down the street to the new Midway space, if it is licensed. And there simply aze no other charities e�ressing the desire to take their place, or even to enroll now, so Mr. Riley will have to close his doors. That is why we oppose this request for a waiver because rather than providing an economic benefit, as the ordinance requires before you can grant the waiver, tYis waiver will sunply move an existing economic benefit down the block, and there is no justification for depriving the Lexington and University area of these benefits. On the contrary, there probably is more commercial vacancy at that end of University than at the Midway end of University and perhaps a greater need for a commercial presence on that end. It would be one thing if RK Midway's application for a waiver were supported by four other or three other, or even one other charity, besides the charities that are currently Mr. Riley's tenants, which were perhaps looking to get into the bingo business. Perhaps then maybe you would have an azgument that an additional bingo facility would add an economic benefit. But that isn't the case here. Besides these four charities, there simply aren't any other charities clamoring to get into bingo, which is probably not that surprising given the proximity and proliferation recently of casino gaming and track betting over the last few years. The point is that this area sunply can't support two bingo halls and the economic benefits of a waiver that are being discussed here aze already present in the site that you have. If you grant the waiver, you will be filling a lazge vacancy on Snelling but creating an equally ]arge vacancy on Lexington. And you'll be bringing thousands of bingo customers to Snelling every month but at the expense of those, it's the same bingo customers. They'll no longer be going to Le�ngton. So it really has a net zero 3 �b-�� effect on sales tax revenue or property taY revenue or TIF support. And all of tlus has to be contrary to the intent of this ordinance. The ordinance says that only under speeial circumstances should the Council grant a bingo license within two zniles of an existing facility, licensed facility. And the best reading of that ordinance is that these special circumstances require the waiver of the distance requirement to create an economic benefit, not to simply move the same economic benefits down the block. We submit that is the effect of this waiver. And there's another problem. For years, Mr. Riley has been trying to develop more of his space at Lexington and University, which is admittedly under- utilized. For three yeazs, Mr. Riley has been negotiating with Home Depot for them to open a new store on Mr. Riley's property. And, in fact, the parties have essentially reached an agreement recently that will allow Home Depot to use this space and open up a new store. But all along the agreement was and is contingent on Mr. Riley fmding a site far his bingo license. The reason is that because the amount of the rent that Home Depot is willing to pay to open the store is such that it only makes sense for Mr. Riley, and is only feasible for Mr. Riley, if he can continue to earn money with his bingo license. If the Council grants this waiver request, then the value of Mr. Riley's bingo license is reduced to zero. And he will not complete the agreement with Home Depot. The economics are such that he will not be able to do that. And a significant opport�wity for real, new economic benefits is going to get lost. Now, prior to RK Midway's attempt to get its own bingo license, Mr. Riley was very close to an agreement with RK Midway to locate his bingo hall in the Midway Center space. And that relocafion would have allowed Mr. Riley to do the deal with Home Depot and allow a significant tenant to come into the Lexington and University area, with obvious commercial 0 ��-��l Bostrom: Council Member Reiter: Maher: Reiter: Maher: benefits. But suddenly RK Midway stopped returuing Mr. Riley's calls, and the nea thing we knew they were applying for their own license, and now we're all here talkiug to the City Council about this. Obviously, we don't like how that developed and how RK Midway went from being a possible business partner to trying to take our bingo tenants away. And we understand that that is not the issue before the Council. But the important thiug for the Council to know, we believe, is that this area cannot support two bingo halls. The interest from the charities is not there. So, if you grant this waiver you won't create an economic benefit, you'll simply move it. And maybe mare important, a waiver will cause the City to lose a significant economic benefit in the form of a Home Depot at Lexington and University, and thaYs an area that really could use the boost. So, for those reasons, we think you ought to deny the waiver request. Thank you. Thank you. Mr. Reiter. If Home Depot wants to locate there, would the bingo hall still stay? No. The deal we're talking about with Home Depot, we would have to fmd another spot for the bingo hall. Other than at that location? That's right. 5 bo��qJ Reiter: Maher: Reiter: Maher: Bostrom: Lji�. • �f�'�Ffif'� Council Member Coleman: I see. So the tenants of the existing bingo hall, if Home Depot went in there may have a problem relocating. Well, we'd find a spot for them. Okay, thank you. We can't do the deal without it. Okay. Is there anyone else who wishes to be heazd in opposition to this? Sir. President Bosirom and members of the Council. My name is Don Ludemann and I'm President of the Snelling Hamline CommuniTy Council, the neighborhood that's in question here before you. First, let me apologize for my casual dress. I just got offthe airplane from vacation and didn't haue a chance to go home and change. What about the mustache? Ludemann: I can take it off too. Snelling-Hamline is by and large a very business friendly neighborhood. We haue good relations with the Midway Marketplace, the Midway Center and the dozens of businesses on University Avenue, Snelling Avenue, Selby, Marshall. However, I am here before you to speak against this waiver, or rather for the waiver with certain conditions that I would like to outline � ��`�1 for you. Although I personally don't shaze, don't have strong opinions on this matter, there aze neighbors in Snelling-Hauiline who have very strong negative perceptions of bingo halis. They feel that, in fact the legislative code also feeis that thete is the potential for a negative impact by putting a bingo hall in the neighborhood. As a matter of fact, the license for a bingo hall is the same license that you would have to get, a sunilar class of license to a pawn shop or a gun shop or an infectious waste processing facility. Obviously the code recognizes that there is the potential for a negative impact. Our desire in the neighborhood is to wark with RK Midway to work with the proposed tenants, to minunize the negative unpacts and masimize the benefits. Mr. Kessler refened to a PD opinion that this facility would not have a negative impact on the neighborhood. We beg to differ. We feel that the potential is there for a negative impact. Ms. Maccabee speaking on behalf of RK Midway will no doubt tell you that the location is remote, that iYs not very visible. On the contracy. IYs right across the street from the Cub Store which is probably the highest volume store in that entire section of University Avenue. So it is a very visible location. I would say it's a prime location and I think that it will be very visible and potentially negative visibality for the neighborhood. So our Council feels strongly that there is a potentially negative impact. This image problem is really what hangs people up. They don't want it in our neighborhood. But beyond image, when we appeaz before Mr. Strathman and we raised some very specific concerns about security and safety, about lighting, about landscaping and parking. We asked for an annual renewal of the license rather than a biannual renewal of the license. Mr. Sh•athinan chose not to place those conditions on the license. And, in fact, we could live with that because again, we're business friendly. We trust that RK Midway will work with �� / V the neighborhood to address our concerns. But we're here tonight not to tallc about the license but to talk about this waiver. Whether to move the gambling, bingo from Le�ngton and University one mile to Pascal and St. Anthony, which is the proposed new location. I have to agree with the previous speaker. There is no net gain. There is no net economic benefit. You're just moving it one mile down the road. But there might be a secondary benefit. There might be the possibility that the people who go to play bingo wili also shop at the Rainbow or the Walgreens ar have dinner at the nearby buffet. That's what we in the neighborhood want to maximize are the benefits and minimize the potential negative impact. So what we're asking the Council to consider is our efforts to wark with RK Midway and the potential tenants and masunize the positive benefits and minimize the negatives. Quite frankly, I don't know what to ask you for. Are those conditions on the license? Is that laying it over until the neighborhood and the businesses can work something out? I'm not exactly sure. But I would ask you to respectfully consider our concerns. Bostrom: Okay. Yes Mr. Reiter. Reiter: What aze the negative aspects of the bingo hall? Ludemann: Again, personaily I don't. Reiter: No, but you mention them throughout your speech and I, you Irnow, Pd like to know what they aze because I'll be honest with you, I've worked at church bingo �6�8��/ I�-u.�� Reiter: Ludemann: for 20 yeazs and I don't think we ever had a police call and the average age was 50 or 55. So, you lmow, I don't look to any riots or big problems. Council member Reiter. I concur with that. The concem of the neighbors is not so much for the patrons of the bingo hall. It's for people who might prey upon them. Pickpockets, purse snatchers, that type of thing. That's why we are concerned about security. People going to and from their cars. Make sure there is adequate lighting. That type of thing. My understanding is that, excuse me, my understanding is that they have security, off duty policemen working these sessions. Is that true? The gambling manager assured us that that was the case, yes sir. Reiter. Thank you. Bostrom: Ludemann: Bostrom: Maccabee: That you Mr. Ludemann. Be sure to sign in there. Thank you. Okay. Is there anyone else who wishes to be heazd in opposition to this? Alright. Then we'd heaz from the supporters of this program. Good afternoon. Good afternoon Mr. President, Councilmembers. I'm Paula Maccabee and I represent RK Midway and I'd like to speak to this issue briefly and then we also 0 ob-��/ have a representative here from the Midway Chamber of Commerce to talk about the economic issues. And Bazb Kale who is from Midway Training Services who runs the bingo and then if there aze specific questions you have about security, Mr. Miklich(?) who is an onsite manager for the bingo halls to make sure that there is safety and security and people get escorted to their cazs is here. As is Tom Dina who has been working with the redesign. I want to start by saying that the Council passed an ordinance that states a real cleaz guideline about when a waiver should be approved. And it doesn't talk about special circumstances. It talks about promoting responsible ownership and accountability. And thaYs what, this is happening, is that there are four tenants, four charities, Holy Childhood, Midway Training Services, the Women's Auxiliary of St. Mary's Greek Orthodox and Midway Transportation which provides transportation to disabled people, who concluded that the locauon at Lexington wasn't meeting their needs or their customers needs for a feeling of security safety and for the shopping that the customers wanted. And so they, within the rights of their lease, which has a notice provision, they're not in any way trying to change that, sought another alternative and I was contacted by a well-known realtor in the Midway area who I have been working with since I was on the Council, and thaYs how we got in contact with the tenants. And so they have now signed leases and are ready to move into the space at Midway Center. Let me talk about why this will provide economic development benefits. The first economic development benefit is that the space, and it's about 10,000 square feet at the back of the center, has been vacant and untenantable for at least 20 years now. It is untenantable because it doesn't meet code and it costs a fortune to bring it up to code. And because charitable gambling does well, my ciient can afford to invest that. And that is 10 �U -�� over $700,000 that will be invested on our community in tenant improvements basically as soon as the Council approves the waiver and the license. And what's important about it, and I think Mr. Ludemann mentioned it, is that by moving these tenants, these customers, and this about 15,000 people a month, into an azea where there's Cub Foods, there's Rainbow, there's Herberger's, there's Kmart. Many of these people aze senior citizens. For many of them they aze using the bus. It's not easy to go and take a jaunt out to the shopping center by caz. And so they make a day of it and they'll be spending money, having lunch, buying food, buying groceries, buying whatever phannaceuticals and that economic development benefit will come into St. Paul. Because there isn't a similar economic engine on Lexington, there is a difference. We will be able to capture those dollazs. And many of these people aze coming in from Minneapolis or from the suburbs so it is a benefit for the City as a whole. And particularly since the City has invested in Midway Marketplace, that is securing our own investment. Also, this Midway Center bingo hall uniquely will create no hanns. It is at least 700 feet away from the nearest residence, and thaYs the back parking lot and I94 going to the south. IYs the whole Midway Marketplace development going to the east. IYs our whole center and then the roadbed of University going to the north, and then the bus barn and also Spruce Tree going to the west. So it is really insulated from neighbors. Also, unlike many other business situations, there is enough pazking here. IYs not going to impinge upon small businesses. There is plenty of pazking. We've actually made sure, in consultation with Councilmember Benanads office, that the plan for the way this bingo hall is designed and the parking will not interfere with joint development options, which we are hoping will be considered by Metro Transit when they look at the bus barn 11 1 �� . i � redevelopment. So we have a situation wheze there is economic benefit, there's no hanm to residents and there's no harm to businesses. Mr. Ludemann raised some important issues. It is aiso our goal to maximize the positive and min;mize the negative. We will not be having huge, free standing signs. The signs will be of the same character as what we have on the front of the building. And NIr. Ludemann also talked about security. At every session of bingo there is an employee there who is responsible for security. We put in ea�tra bathrooms to accommodate the ladies. We are willing to escort anybody to their cars. There is trash pick up. And we even talked to Mr. Ludemann as this being an opportunity to begin to improve the aesthetics in the back. Now we're not going to make, there is some inveshnents in landscaping we can't make now without interfering with the potential for future joint development. But I would talk to RK Midway, and they're wiiling to do some planting along Pascal and Mr. Tombina is here from the management facility, Westbrook facility, and we're willing to sit down with the neighborhood and figure out where is the best place far those trees so we can start improving the look of the center even before we do a major redevelopment. That brings my remazks to a close. If you have any questions for me, othenvise I'll let other people talk. Bostrom: Any questions of Ms. Maccabee? Alright. Please sign in. Maccabee: I will sign in. Maybe the Midway Chamber would be the best. Bostrom: Good evening. 12 . �� ! Watets: Good afternoon, council members, Council President Bostrom. Pm Ellen Waters, I'm President of the Midway Chamber of Commerce. As you may recall, we represent a few over 500 businesses in the Midway azea of St. Paul, which includes the property that is in question. Actually, both properties. And we aze here today to offer our support for the waiver and the licensing. And I tlunk the previous speakers have done a great job of outlining the potential economic benefit. That's really the perspective that we share. From the standpoint of not what's good for any individual business but for what is best for the whole Midway business community, we feel that this is an important inveshnent and we are very pleased that RK Midway is willing to make some improvements. We encourage them to continue working with the neighborhood to address those concerns. But franlcly, we think on balance the evidence is pretty strong that this will actually provide some very good benefit. I also want to say that we would be happy to work with Mr. Riley at Lexington and University to find a great use for that properry. I think the facts aze that these four charities are wanting to compete effectively in the marketplace that they do and that the RK Midway property presents an opportunity for them to enhance their revenues and to bring more people to their doors and that's certainly something that we support and we think the spin-off development in terms of shoppers and increased economic activity in that azea will benefit all of the surrounding stores and those retailers are very excited with the prospect of 15,000 customers a month coming there. We don't want to suggest that Lexington and University isn't important by any stretch of the unagination. That corner has great potential and we have been keenly interested in the efforts to land Home Depot or some other similar development and want to continue to work on that. But I think if you look at the situation there 13 oo-$�I the fact is that it is very under utilized. There has not been much investment in recent yeazs and it shows. And it's not an attractive environment. So for these charities to compete they have needed to look for the best opportunity that they can find and they have found that at Midway Center and it's something that we support. We too aze very concemed about the unage of the Midway. Our mission is building a stronger Midway and we will be cazefully watching and working with RK Midway to ensure that the image issues, the crnne perceprion, securiTy, all of those things are addressed. But we feel confident having worked with RK Midway over the years that we can address any of those situations that arise and that they will be responsible licensees and that on balance all of this will actually provide great economic benefit to the whole Midway and we'll figure out something to do with Lexington as well. Do you have any questions? Bostrom: Yes. Mr. Coleman. Council- Member Coleman: I, this whole, one of the Findings that we have to make specifically is that there will be economic development as a result of this waiver. And I'm hauing just a hard time buying it. I mean, I understaud, you know, there will be a lot of people coming into this thing. But if this in and of itself produced economic development, it has done nothing for the area that it already exists in. The one situation where I saw that there was clearly the impact was over on Payne, when we got rid of the strip joint, and I think that that was pretty clear that we were able to, you know, move fonvazd, that that was a better tool for economic development than the. 14 �6-$1 i Waters: :• �� Coleman: Waters: Coleman: Council- Member Benanav Bostrom: Well I thiulc the inveshnent that RK Midway is maldng of over $700,000, which they wouldn't otherwise have made and haven't been able to make for what, 20 yeazs of vacancy, I tliink thaYs a pretry significant benefit right there. Mr. Coleman. But thaYs not, thaYs just to the property where the hall itseif would exist, right? Uh huh. I guess I just wouldn't define that as economic development. When I think of economic development I think of some spin-off acrivity as a result of that, and I'm just trying to figure out why it would have spin-off activity here but didn't have on University and Leacington. Mr. President, can I help? There is a difference between Lexington and University and the Midway. You know, the shopping center on Lexington and University. Excuse me Mr. Benanav, I think what we should probably do is a11ow the speakers to fuush and then we can have our discussion, and if we have to call them back we could do that. Because they aze on a time frame and I don't want to short them of their recitation time. 15 Db-S�J Waters: Okay. I'll be brief, but I'll echo what Jay is about to point out, I think, and that is that the environment at Lexington and University is very different and the opportunities for anyone who is coming to the bingo to actuatly frequent other businesses in that azea is much more lnnited. In fact, most of the Le�ngton Shopping Center is vacant at this tune, although there is some transient business. There is a flea mazket that is in there occasionally. We have one of our board members is Wkutaker Buick, which is about a half a block away. Another one Biena restaurant across University. Neither of them feel that there is any benefit to the bingo parlor being located there presently. In contrast, at the Midway Shopping Center, it is actually in the shopping center that is vibrant, that is virtually fully leased, that is attracting new businesses, where there is Walgreens, and buffets, and restaurants and so forth. So the opportunity is really there for the customers to go out and spend additional money in the community that they may not currently be doing. Does that answer your question? Coleman: Yes. Pm not sure. IYs a little dubious, but I understand what you're saying. Bostrom: Okay, alright. Thauk you Ms. Waters. Will you please sign in. Now we have just about 3 minutes left. Kale: We have three minutes lefl? Bosh�om: Yes ma'am. Hi. 16 �6 -89! Kale: Council Chair, City Council members. My name is Bazbara Kale I am CEO of Midway Training Services. I am one of the charities at the Midway $ingo Palace. MTS serves developmentally disabled adults. They are all mentally and/or physically challenged. One of our main goals is to provide employment for our clients. We work at a lot of different jobs. We provide a job coach so the quality and the timeliness is there. We clean, we make beds in nursing homes, we assemble the packages that you get in the hospitals, we are involved in manufachtring. The Andersen Windows have grids, we put in the spring loaded pins in them. We are involved with the St. Paul Energy Consortium. We make planter boxes from recycled woods. We work with St. Paul Schools. We clean up trash in the Midway azea. We return shopping carts. Our clients haue attended meetings and luncheons at the Chamber and are very proud of being part of this community. I am here to request your support of the waiver, and some of the reasons are we have been in charitable gambling about 12 years. We need to supplement the per diem we get. It is not sufficient. About 9 years ago, with other charities, we began operating bingo at the Midway Bingo Palace on University and Lexington. There were many businesses in the shopping center. We had a beautiful hall. Over the yeazs, bingo has been good for MTS and the other charities. For about the last three yeazs we were told that we were going to be moved to another location because the shopping center was going to be sold to Home Depot. Sometimes, we were going to be moved in three months, sometimes six months, sometimes not at a11. During this time, the other businesses closed or moved and the bingo hall itself was deteriorating rapidly. Presently, the condition is deplorable. Profits for MTS and the other charities declined significantly. In 1999, the MTS profits were 1/3 of what they were in 17 �o-g�l 1998. We felt it was necessary to make a business decision to look at other options. We did meet with a couple of different owners able to negotiate better terms and people that would be wiiling to keep a very well maintained business. Are there any questions? Bostrom: Okay. I think that probably does it. We're just about out of tnne. Okay. If you'd just please sign in right over there. You have 50 seconds. Penon: I will tallt very fast. Thank you. Jerry Perron, Leonard Street & Deinazd on behalf of RK Midway. What I would like to do mainly is to submit some documents into the record for your decision. What I am submitting is a premises site plan so you can see what the set up of the bingo hall is going to be, a City zoning map showing that this is in a B-2 zone, which a bingo hall is an approved use in that zone, a parking study showing there is adequate parking for this site, and a composite site plan which helps show that this particulaz site is in the very epicenter of a very large commercial development, and it won't have impact on the surrounding neigltbors. And I would like to just very briefly respond to some comments from Mr. Riley's counsel. Bostrom: We're out of time. Penon: Okay. Bostrom: If you want to leave your information with the clerk we will take it. Please do that and please sign it. Okay. Alright. That concludes the time allotted for the � �a-S�/ public hearing. Is there a motion to close the public hearing? Mr. Reiter. Roll call. Secretary: Coleman, Lanhy, Reiter, Benanav, Council President Bostrom, public hearing closed. 5 in favor, none opposed. Bostrom: Mr. Benanav. Benanav: Mr. President, I'm going to move to grant the waiver. There aze some legitimate issues here that have been raised, but I think after hearing it, I'm convinced that it does meet, the waiver does meet the test of the ordinance. That is, it would provide economic development, even though Council Member Coleman had some question about it, and I tliink legitimate question. But I think it will bring a number of, I thiuk we heazd the number 15,000 people, into Midway Center who would then, presumably, if they do well playing bingo, will spend some of the money as they leave. I think, too, what was said by Ms. Kale was that over the last few years they've seen their profits decline significantly as a result of the condition that they current occupy. And, I think, if their projections are correct, they will see an increase in their profits which presumably there's some spin-off economic development spin-offthere as well. So I think it meets the test of economic development, and I'm not convinced that these four radical groups that have applied for this will bring any negative impact to the neighborhood. I don't play bingo myself, but if Council Member Reiter does and is a supporter of it... Reiter: I don't play bingo, I worked for a small fee. 19 Benanav: Reiter: :• .�. :. � �� Benanav: Bostrom: Reiter: Bostrom: �f��l Oh, I see. Well, if Council member Reiter... No, I don't think I got paid. I think I was a volunteer. And I thivk all the needs were said. Tlus is in an azea that is not particulazly close to any residential housing. You've got to cross 94 to get to the closest residents. IYs not likely that that's going to happen. Trust me. If you go down Snelling it takes a long time to cross 94 anyway under the current traffic conditions. So I think it's a good plan. The whole issue of the bingo hall being a bargaining chip for folks on Lexington and University, I don't think is an issue that we even need to consider. That's yust not our business. So I think based on what we heard, I am going to move to �ant the waiver and the license at Midway Shopping Center. You're moving resolurion 48. Pm moving resolution 48. Okay. Is there any fiu�ther discussion? Yes Mr. Reiter. On the advice of the City Attomey, I won't be participating in this vote because I have an associafion with one of the charities. Further discussion Mr. Coleman? 20 �b-S�J �-��._. Bosirom: Secretary: I will vote for your motion Mr. Benanav. I just thiuk iYs kind of, when we start talking about bingo pazlors as economic development Sn the City, I just, I have a hazd time buying it. I would hope that we've gotten to the point in this City where we can talk about real economic development not dragging 15,000 people in to gamble. And it has notivng to do with the charities or any of those. You lrnow, I've been involved in organizations that haue used bingo pazlors. I think thax thaYs fine. But I just, I really have a hazd time buying economic development, but I'll take Ms. Waters assertions that this is going to be helpful for the Midway Shopping Center. Is there any fitrther discussion? Roll call. Coleman, Lanhy, Reiter, abstained, Benanav, Council President Bostrom. Four in fauor, 1 abstention. Adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) VERIFICATION Debra M. Rafliff states that the foregoing transcript is a true and correct transcript of the videotape provided by the City of St. Paul of the City Council proceedings on September 27, 2000. Subscribed and sworn to before me 's 13th day of November, 2000. �� ^ Notary Public 11262\951649U28477 � � � �� i/� � .�, -� . �. / ! ■ `5.-. LOLA W.KJENSTAD _ _ �-:.-�� r;OTARY PU�'��C-'ri `'zNESOTA � c�-'<'� i �.,. �,�:. .M� �,�: w �.-.�.�,�,.u� .a.;,�.v.�,,wH�nn,v■ 21 I � �� r .�� Y'"", ; ..._ ' I i _ -- ___ �� , � � � y !I. .p w �i1P'Sia��P�ia�/1�1Q1r _ . ...� . � . .. . . .. ;�; . "' i .. �I�rf�i r/��.r��_ X� � `)' � MIbWAY ��'~ 1!1!!1d � NATIONAL B1VYt' a ,f (E71�$TM/(i1 � _ .- f � � OCiIVE ' �� '� 47 ' � �� LLf z �� C � I �� p : .<.,.._ ., .., ,�_ %y„�'.� , . \ .� r,�-.i � �� + �� -� i ��t � " w n�a ev'ea� ,�'�, ✓ EXISTIN6 BUIIDINd NO. S fIN. FtR. ELEV. 228'-9' N �+ H � ��} N7HNi r�� % � i i % � r i .,.�..w ��,�;., �.�.,r RAINBOW FO00 STppE EX1911N0 BU1I.DIN� NO. ! FIN. FLR. 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ANTHONY AVENUE \�'PYI.ON SIGN � SITI �� „ C� � �` e�� __.__ � ----�i 1 �OdOad O1`l 'S�Ila3dOad N13a �{�1N�� JIdMCIiW uo�s,n� 3aode� '; �� , 1 hereby cartify that this plan, specification or report o��— �l 9/ was prepared by me or under my direct supervision � and that I am a duly Registered Architect under the laws of the 5tate of Minnesota. Plame Ftegis4ra4ion No. Date Project No. Drawn By No. Revision Date Or"PNf�V[RTT FD O� R E[ 11tNEII 8T WAAG6., �4CT LOCA7'�OM Qi PIIqPBq?Y [,IN6'TD {B OlTFi�fi1111�� T�IA t � tu w�"'� � r—^--w_r__r_�s�2=i� :� .� _......, Y •�a90.RlNfi`[9➢4X' � v f � ; � ',Y51 S� � TROP'Q3ED < s'c;: r ?l,`si9 J � �� . � � C Er„yv• � � '1 , r t Il�i � � __ lon Siqn � � � � � 1 Q TIIA�1 _ —C""` _� �� _� � � � o — �_ —!._- �.�.� —..--. --•�— _�_ —�— _.__ r.._ __� _"f_ --.- �"'__ -_.�— G.=j v C� � - W -U _ � =a w _H EXISTING CHI CHI'S REEN WALL HIGH C W Z J � _ { 4 � � � � � ( t� f E 1 I ' !. . . _ ' ,� � � r�� ; �" , .i � "� , . � . '� � L: : ..: � � � 200 � �loo BV�W C�N�TRU�TIOIV EXISTING NORTH MIDVV/�Y CENTER , � �� MIDW64Y Mi4RKETPLAC� COURT OF APPEALS NUMBER CX-00-1838 DOCUMENT #10 - - -� . - : ,� : "�, � � �