CC MINUTES 04281981 - Laserfiche WebLink

Home Browse Search

CITY OF ST. ANTHONY COUNCIL MINUTES April 28 , 1981 The meeting was called to order by Mayor Haik at 7 :33 P.M. Present for roll call : Marks, Sundland, Haik, Ranallo and Letourneau. Also present: Larry Hamer, Acting City Manager; Ron Berg, Administra- tive Assistant; William Soth, City Attorney; Carol Johnson, Clerk/Treasurer and Lee Entner , Fire Chief. Motion by Councilman Sundland and seconded. by Councilman Marks to approve as submitted the minutes for the Council meeting held April 14 , 1981. Motion carried unanimously. Ray Sopcinski presented the actions taken and recommendations made to the Council by the Planning Commission during their April 21st meeting. He reported the Commission's concerns regarding the wording for the proposed ordinance amendment which will permit massage parlors as conditionally permitted uses, as well as their recommendation that the distance restriction be raised for such operations , as- had been - expressed during the public hearing on the ordinance change. Mr. Soth said he could accept the raising of the distance restrictions from 500 feet to . 600 feet to assure this type of business will not be requested for the St. Anthony Shopping Center, since there will will still be a remote site on the Apache property where, although very unlikely, such an operation would be permitted. He saw this action as more prudent than prohibiting these businesses from the City altogether, seeing a challenge of a total prohibition "would probably pose a difficult legal question for the City" . The City Attorney said he views the Jacksonville, Florida case, where the courts upheld that city' s total prohibition of massage parlors , as unique, rather than a precedent-setting case, and cautioned "there are no assurances the Minnesota courts will uphold such a concept" . He concluded by saying, "the fact that no Minnesota municipalities have totally prohibited- these type of businesses , has led me to believe if they could have, they certainly would have done so" . Mr. Soth said. he had no problem with the change in wording but recommended if the massage parlors and saunas are not accepted as conditionally permitted uses , an exception should be made in the ordinance to specifically exclude these .businesses in case they should take the legal position that they are health spas or other services permitted in the ordinance. Mayor Haik said she will have to vote "no" to the ordinance amendment , preferring to continue the existing City staff approach of informing prespective operators that these types of businesses are not permitted under the City zoning ordinance. She believes anyone who applies to operate such a business under a permitted usage classification can be told "the Council and City Attorney have ruled the permitted categories of similar businesses do not include massage parlors" .