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HomeMy WebLinkAboutCC MINUTES 01131981 Meeting Sheet 100161 I IIIIII VIII VIII VIIIVIII VIII III III Box: 15 Folder Document: CC MINUTES 01131,981 CITY OF ST. ANTHONY COUNCIL MINUTES January 13 , 1981 The meeting was called to order by Mayor Haik at 7 :30 P.M. Present for roll call: Marks, Sundland, Haik, Ranallo and Letourneau. Also present: Jim Fornell, City Manager; Ron Berg, Administrative Assistant; -William Soth, City Attorney; Carol Johnson, Clerk-Treasurer and Dick Moore, Short-Elliott-Hendrick- son, Inc. , Engineering Consultant. Motion by Councilman Ranallo and seconded -by Councilman Letourneau to approve as presented the minutes for the Council meeting held December 23 , 1980. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Sundland to waive further readings and adopt Ordinance 1981-001. ORDINANCE 1981-001 AN ORDINANCE RELATING TO IMPOUNDING • OF ANIMALS, AMENDING SECTION 1010 :35 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. The ordinance prepared at the direction of the Council by the City Attorney to prohibit obscene materials and performances was discussed extensively with Mr. Soth and the City Manager, who had recommended approval of the first reading after careful consideration of the language, with modifications, if deemed necessary by the Council. In his January 13th memorandum, Police Chief Hickerson had cited "real problems in the area of enforcement for the ordinance as proposed" . It was agreed that he should be invited to attend the second reading to discuss the problems he foresees with the Council and interested residents . The public will be notified of the hearing through the City newspaper and the newsletter going out with the water bills next week. The Mayor said she hoped the leaders of the group who opposed the video tape center in Apache because of concern that pornographic materials might be distributed there, will be in attendance so possible dif- ficulties for enforcement of the regulations in the ordinance can be discussed fully with them. Mr. Soth told the Council the ordinance is based primarily on the . standards set by the 1975 U.S. Supreme Court findings regarding obscenity, as applied by the Minnesota Supreme Court in the Welke case, and the listing of "patently offensive conduct" is derived from a St. Paul -2- obscenity 2-obscenity ordinance. He said the violations of .these offenses can be prosecuted but "you can't shut down the offending establishment" . The City can, either under its own ordinance or under existing state statutes, "prosecute an establishment for having offending materials for sale but can't prosecute them for running an adult book store or theater" . The attorney added that "prosecutions have not been terribly. effective in other cities in preventing the violation of these. offenses" , and. reminded the Council that any prosecutions will probably be before a county judge with .a jury drawn from the county. The advantages of the City having its. own ordinance., he told Council- man Marks , is "that you can increase the penalty to. $500 and there might be a- slight advantage in defining the offenses more carefully than in the state statutes." . However, he reminded the Council, "the City can prosecute any such offenses now under. the state statutes" . Councilman Marks. recommended the words "offer to sell" should be added to Section -975 of the proposedordinance which was accepted in the following: Motion by Councilman Sundland. and seconded by Councilman Ranallo to approve the first reading of Ordinance 1.981-002 with the modification in wording suggested by Councilman Marks, with the full understanding that additional modifications may be necessary after the second reading. ORDINANCE 1981-002 AN ORDINANCE PROHIBITING THE SALE, PROMOTION, • AND PRODUCTION OF OBSCENE MATERIALS AND PROVIDING PENALTY THEREFOR, AMENDING CHAPTER. IX OF THE 1973 CODE OF ST. ANTHONY ORDINANCES BY ADDING A SECTION 975 AND BY REPEALING SUBDIVISION 16 OF SECTION 930 : 00 Motion carried unanimously. Further discussion of the ordinance was deferred until after the public hearing regarding projects and activities to be funded from CDBG funds which was opened by -Mayor Haik at 7 : 50 P.M. The Mayor confirmed that the consideration involved. activities to be funded from $24 ,193 in unexpended CDBG funds as well as $45,000 which is the estimated amount . of the City ' s grant from Year VII funds. Julie Ann Bye, area representative from HUD., who. had attended the public hearing on the funds held by the Planning Commission January 6th, was also present. The minutes for that hearing were explored at great length with special attention paid to concerns raised by some Planning Commis- sion members regarding subsidizing landlords to bring their properties up to the existing code standards. Mr. Fornell cited steps which can be taken by the -City Fire Department to enforce fire safety. standards and Mr. Soth advised he didn' t believe the City could be held responsible for damage which might result from non-conformance with these stand- ards as long as there "have been reasonable actions taken to reinforce these codes" . Mr. Berg said conditions attached to the grants will require matching funds from the landlords and would provide for pro- rata payback if there was a sale of the improved properties after code violations have been corrected. The Manager cautioned the Council that the program might not be workable under federal require- ments -that the "prevailing wages" be paid to the workmen who make the improvements. vi -3- Motion 3-Motion by Councilman Sundland and seconded by Mayor -Haik to adopt . Resolution 81-010 . RESOLUTION 81-010 A RESOLUTION REALLOCATING PAST YEARS UNEXPENDED CDBG MONIES Motion carried unanimously. Motion by Councilman Sundland and .seconded by Councilman Marks to authorize that past year' s unexpended monies and Year VII CDBG funds be allocated as recommended by the Planning Commission, in the following manner: $.,4 , 500 - Administration in Year VII. $10 , 000 - For the proposed senior high rise in Year VII which monies are to be used for whatever purpose is deemed appropriate and necessary. $14 ,500 - For single family rehabilitation in Year VII . $14 ,500 - For multi-family rehabilitation- in Year VII which monies are to be used for the interest payments on loans acquired by apartment landlords and used for rehabilitation. $13 ,500 - Previous years unexpended monies to be used for the Kenzie Terrace Study and to be placed in program Year V. $12 ,193 - Added to Year V, activity 41 from Year III , activity 39 to be used for sidewalk construction along 37th Ave. N.E. • Motion carried unanimously. Discussion of Ordinance 1981-002 was resumed with agreement that the second reading should encompass the questions of how the ordinance will be enforced and who will bring charges against the offenders - whether interested residents will do so or if the Council would direct the Police Department to pursue violations without receipt of a signed complaint from a resident. It was agreed that efforts to prohibit the .sale of Playboy magazine would probably be fruitless , considering the past history of unsuccessful efforts by both states and groups to accomplish the prevention of sale of such magazines . . Mr. Soth said during conversations with the City Attorney for Minneapolis he had learned that that City is no longer trying to keep out adult book stores or theaters but Minneapolis is instead attempting to zone such activities into one location rather than- -spread throughout the City. St. Anthony' s zoning ordinance restricts such activities to its two shopping centers now. It was agreed the second and third readings of the ordinance would be during the February 10th and 24th meetings. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 80-097 which authorizes budget transfers in the Police Department overtime and employers contributing accounts as recommended by the Clerk/Treasurer. • RESOLUTION 80-097 A RESOLUTION MODIFYING THE 1980 BUDGET Motion carried unanimously. -4- Motion by Councilman Sundland andseconded by Mayor Haik to adopt the • resolution which designates the Lillie Suburban Newspapers as the City's legal newspaper for 1981. RESOLUTION 81-001 A RESOLUTION DESIGNATING LEGAL NEWSPAPER FOR THE CALENDAR YEAR 1981 Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Marks to adopt Resolution 81-002 . RESOLUTION 81-002 A RESOLUTION ESTABLISHING MARCH 15, 1981 AS CUT-OFF' DATE FOR RECEIVING PETITIONS FOR PUBLIC IMPROVEMENTS Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 81-003 . RESOLUTION 81-003 • A RESOLUTION APPROVING THE SIGNATURE OF THE MAYOR, TREASURER, AND CITY MANAGER ON ALL DRAFTS DRAWN AGAINST DEPOSITS OF THE CITY OF ST. ANTHONY, MINNESOTA Motion carried unanimously. Motion by Councilman .Sundland and seconded by Mayor Haik to adopt Resolution 81-004 . RESOLUTION 81-004 A RESOLUTION AUTHORIZING ENGINEERING HELP FROM MINNESOTA -DEPARTMENT OF TRANSPORTATION Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Ranallo to adopt the resolution which designates the National Bank of St. Anthony as the official depository for City funds for 1981 . RESOLUTION 81-005 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR CITY FUNDS • Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Ranallo to adopt. the resolution which designates Robert Sundland as Mayor Pro • Tem for 1981. RESOLUTION 81-006 A RESOLUTION DESIGNATING. MAYOR PRO TEM FOR CALENDAR YEAR 1981 Motion carried unanimously. Motion. by Councilman Ranallo and seconded by Councilman Letourneau to designate the firm of Dorsey, Windhorst, Hannaford, Whitney and Halladay as attorneys for St. Anthony in 1981. RESOLUTION 81-007 A RESOLUTION DESIGNATING THE CITY ATTORNEY FOR 1981 Motion carried unanimously. .. Discussion regarding the public hearing on the proposed street, storm sewer and waterline improvements on Anthony Lane included recommenda- tions from the City Manager .and Public Works Director as reflected in their January 7th and 8th memorandums, and .the feasibility studies developed by ,the consulting engineer. Mr. Moore reported Roseville seemed amenable to looping the roadway -they are contemplating to • connect with the existing roadway. in St. Anthony and declaring the entire roadway an MSA project as soon as they have been able to negotiate agreement of the project withthe owners of one parcel of land in Roseville. The engineer pointed out the advantages to property owners including better access. for emergency vehicles, greater water pressures for fighting fires from looping the water lines and pre- vention of flooding from the construction of the storm sewer. The necessity for developing satisfactory proof that the benefits to the property owners will be commensurate with the assessments to be imposed to avoid legal challenges was emphasized by Mr. Soth. Councilman Sundland said he saw the economies of rebuilding Anthony Lane to a 20 year design at the same time the roadway is torn up for the storm sewer construction.. All agreed it would be best to try to obtain written agreements with the plans from the property owners . Motion by Mayor Haik and seconded by Councilman Sundland to adopt the resolution which schedules a public hearing on the proposed improve- ments along Anthony Lane to be held at 8 :00 P.M. during the Council ' s February 10th meeting. RESOLUTION 81-008 A RESOLUTION CALLING FOR A PUBLIC HEARING ON IMPROVEMENTS IN THE ANTHONY LAND NORTH AREA (PROJECT 81-01) • Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which modifies the ordinance establishing the Human Relations Advisory Committee to include as members the five Council members as well as the Council appointed members. -6- RESOLUTION- 81-009 6-RESOLUTION81-009 A RESOLUTION MODIFYING THE MEMBERSHIP OF THE CITY'S HUMAN RELATIONS ADVISORY CODlMITTEE Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve the first reading of Ordinance 1981-003 . ORDINANCE 1981-003 AN ORDINANCE RELATING TO LICENSING AND REGULATION OF . SAUNA PARLORS, MASSAGE PARLORS, PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, MASSEURS AND MASSE- USES; AMENDING CHAPTER IV OF THE 1973 CODE OF ST. ANTHONY ORDINANCES BY ADDING A SECTION 450 Motion carried unanimously. Because of a conflict in dates for the Council 's next meeting and Ramsey County ' s meeting on plans for upgrading County Road D, it was agreed the January 27th Council meeting will start at 6 : 00 P .M. and adjourn early enough for Council members to attend the meeting. The Planning Commission minutes for their January 20th meeting will • be.- reported during the Council ' s February 10th meeting along with the second readings of the "obscenity and sauna" ordinances.. Mr. Bowlus ' January 12th preliminary comments on issues raised about the proposed .Fire Fighters Relief Association were distributed to the Council members for perusal during the five minute recess which was called at 9 : 00 P.M. It was agreed this material was too compli- cated to digest in that amount of time, but there was concurrence that only part time- -firefighters should be included in the association since- the regular firefighters and Public Works Department employees who fill in are already covered by pension plans . Motion by Councilman Marks and seconded by Councilman Sundland to authorize the City Manager to meet with the Association representatives on specifics within established parameters and to. report back to the Council, anticipating it may take three or four months before a program can be formally ratified. Motion carried unanimously. Councilmen Marks and Sundland indicated an interest in attending the National League of Cities Congressional-City Conference in Washington , D.C. Feburary 28 - March 3 . City staff will also take reservations for attendance at the Conference for Newly Elected Officials and All Elected Officials to be held in Bloomington, January 31st. • The December Fire Department Report was noted and ordered filed. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve the payment of all verified claims listed in the January 13 , 1981 agenda. -7- Motion carried unanimously. Motion by Councilman Sundland and seconded by ,Councilman Letourneau to authorize a purchase order for $3 ,288 .78 to Northland Security Systems for VHF alarms. Motion. carried unanimously. Ticket sale progress for- the Bi.-ennial Ball to be held January 31st was reported by Councilmen Ranallo . and Sundland. : Planning Commission member Judy Makowske drew their attention to. the .omis.sions .on the Community Service bulletin regarding the event.: Mrs. Makowske had arrived towards the end of the meeting and- the Mayor informed her of the date for the second readings on the .two ordinances. in which she had indicated .she was interested. Motion by Councilman .Letourneau and seconded-.by Councilman Marks to adjourn the meeting at 10 :00 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe Secretary • Mayor ATTEST: Cit Clerk •