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HomeMy WebLinkAboutCC MINUTES 02241981 Meeting Sheet 100167 II I VIII VIII VIII VIII VIII II III BOH: 15 Folder: Document: CC MINUTES 02241981 J I� CITY OF ST. ANTHONY COUNCIL MINUTES February 24 , 1981 The meeting was called to order by Mayor Haik at 7 :30 P.M. Present for roll call: Letourneau, Ranallo, Haik, Sundland and Marks. Also present: Jim Fornell, City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; and Carol Johnson, Clerk/Treasurer. Motion by Councilman. Sundland and seconded by Councilman Marks to approve as presented the minutes for the Council meeting held February 10 , 1981. Motion carried unanimously. As the minutes for the February 11th meeting of the Kenzie Terrace Task Force were being considered, the Mayor reported her appointment of Art Kuross, Manager of J. C. Penney 's and the new President of the St. Anthony Shopping Center Merchants Association to replace Jerry Ballot on the Task Force. The actions taken and recommendations of the Planning Commission made during their February 17th meeting, as reflected in the minutes of that meeting, were reported by Richard Enrooth. He said the Com- mission viewed the removal of the large non-conforming sign on the north side of the building recently vacated by Sibley as a "good tradeoff" for the variance requested by LaBelle 's which will permit them to reuse the existing signage on the east and west sides of that building. Motion by Councilman Sundland and seconded by Councilman Letourneau to follow the recommendations of the Planning Commission to grant a 175 square foot variance to the City Sign Ordinance requirements which will permit the existing 445 square feet of signage on the west and east sides of the building at 2.500 38th Avenue N.E. to be retained for store identification by LaBelle 's Catalog and Showrooms, Inc. , as proposed, subject to their removal of the existing 60 feet by 12 feet north facing sign and framing, finding that granting the variance not only meets all criteria set by .City policy for sign variances , but achieves the goal of the City to decrease the signage on this building. Motion carried unanimously. The Planning Commission representative told the Council the requested alterations of the existing signage at 3909 Silver Lake Road will make it more in conformance with the proposed sign ordinance require- ments for the monument type signs being developed by the Commission. Craig Morris, owner of the barber/beauty shop which the sign identifies , was present but did not speak. r -2- Motion by Councilman Marks and seconded by Councilman Ranallo to follow, the recommendations of the Planning Commission. to permit the proposed alterations of the .sign identifying Craig & Co. Hair Designer at 3909 Silver Lake Road, as proposed, .as long as the height of -the sign (including berming, sign base, plantings above the base, sign area,,, lighting and roofing) does riot exceed the 8 foot maximum established for the Hedlund PUD and there is no air space between the planter and the sign and on the conditions that the proposed lighting shall be turned off at 8 :00 P.M. and the ends of the gable roof are enclosed, with vertical corner posts allowed to strengthen the- sign against strong winds . The Council finds, as did the Commission, that these alterations would not appear to be detrimental to, but could enhance the property, recognizing this sign will in all probability have to be removed at the time of further development of the PUD which may require signage to identify that development and this proposed sign may provide the best use possible in the interim. Motion carried unanimously. The request that the City host the Elected Persons Conference March 7th was accepted as an agenda addendum. The third reading of the obscenity ordinance followed. Presented as additional testimony wa-s the February 22nd letter from Judy Makowske expressing her concerns that the prohibitions of pornography be made applicable to any agreement for Cable T.V. which is developed. The Council accepted the advice from the City Attorney that references • in one form or another to "transmission" , as in Section 975 of the proposed ordinance, should adequately cover Cable T.V. programming as well. Motion by- Councilman Marks and seconded by Councilman Ranallo to approve the third reading and adopt Ordinance 1981-002 . 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. Mr. Fornell had submitted a comparison of sauna license fees charged by other suburbs .as a basis for the fees he recommends for St. Anthony. The Council concurred with amending Section 450 :25 of the proposed Ordinance 1981-003 to read "The annual license fee shall be $500 for each license for each location plus $25 for each masseuse/ masseure" . Motion by Councilman Sundland and seconded by Councilman Marks to approve the third reading and adopt Ordinance 1981-003, as amended. r -3- ORDINANCE 1981-003 AN ORDINANCE RELATING TO LICENSING AND REGULATION OF MASSAGE PARLORS-, PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, MASSEURS AND .MASSEUSES.: AMENDING CHAPTER IV OF THE 1973 CODE OF ST. ANTHONY ORDINANCES BY ADDING A SECTION 450 :00 Before a vote was taken, testimony from Ron Seliski, 3300 Townview, prompted with withdrawal of the motion by the maker and the second. Mr. Seliski, who has served on the. Minneapolis Vice Squad, told the Council Minneapolis has recently discontinued licensing saunas and other similar operations recognizing most of them are merely fronts for prostitution and "it is embarrassing for the city to have a license in the hands of a prostitute when arrested" . He confirmed what Mr. Soth had previously reported, that such operations are now being zoned into areas where greater control can be exercised over them and there are similar businesses in operation. He wondered whether St. Anthony couldn't "zone such operations right out of the city by not permitting them to operate within so many hundred or thousand feet of a residential area" . Mr. Soth pointed out that it might be ruled arbitrary for a city to zone such an operation completely out of its boundaries and the "only reason Minneapolis can zone such operations into a few districts is its size" . He added there are only two districts in St. Anthony where this type of operation could be permitted along with other commercial businesses under the City Zoning Ordinance. The City • Attorney also believed there is .nothing to prevent St. Anthony from having an ordinance which would prohibit this type of activity altogether, but the ordinance would, in all probability, face a challenge in court. The Minneapolis policeman then suggested just having an ordinance which forbids this type of activity altogether might preclude the small operations who typically rent these stores from undertaking the expenses of challenging the law. Mayor Haik said several residents were opposed to having an ordinance before an application is received but the. City Attorney had advised it might be considered arbitrary for the City to develop an ordinance in response to an application. When she questioned how North Oaks is able to zone all commercial out of their city completely, she was told as long as St. Anthony permits any types of commercial, such as health clubs, prohibiting saunas might be considered discriminatory. Councilman Marks explained to about six persons who were present, this ordinance had been developed because of the concern that undesir- able businesses might be encouraged to locate in the empty stores on the west side of the St. Anthony Shopping Center, but he believes "if we get that area squared away, the City probably won't be faced with this decision" . Mr. Soth said he hadn't researched whether smaller metropolitan communities felt the need for such an ordinance and agreed to research this question before the ordinance is brought up again for considera- tion. Motion by Councilman Marks and seconded by Councilman Ranallo to table action on Ordinance 1981-003 until the City Attorney and Manager can develop an ordinance which may be more appropriate for St. Anthony. . -4- Motion carried unanimously. • When Councilman Marks questioned the condition attached to federal funding which dictates a minimum speed of 30 miles per hour on federal aid highways, the rationale for the limits were explained as well as the necessity for accepting the entire agreement before funds are available. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 81-016. RESOLUTION 81-016 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN ST. ANTHONY AND STATE FOR FEDERAL=AID HIGHWAY IMPROVEMENTS Motion carried unanimously. Because the City Attorney had .raised. objections to the proposed agreement with Coordinator Management Systems, the Council concurred with the Manager' s recommendation that Resolution 81-017 should be withdrawn and that vendor paid for his services -to date. RESOLUTION 81-017 A RESOLUTION AUTHORIZING THE MAYOR AND CITY • MANAGER TO EXECUTE THE AGREEMENT WITH COORDINATED MANAGEMENT SYSTEMS, INC. FOR DATA PROCESSING SERVICES Motion by Councilman Ranallo and seconded by Councilman Sundland to accept the February 9th engineering proposal from Short-Elliott- Hendrickson, Inc. for services on the. proposed sewage diversion pro- ject for a fee not to exceed $3,700 with the balance of the work program not -to be commenced until final approval of the project is forthcoming from Metropolitan Council, MWCC and the City -of Minneapolis , as per Mr. Fornell 's memorandum of February 19th. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to authorize the remodeling of the machine room in the Park View build- ing into a new Council Chambers , as proposed by Mr. Fornell in his February 20th memorandum, subject to the execution of a lease with the school district, an acceptableroof structure over the room and provision of an office for the Mayor. Motion carried_ unanimously. The Council decided to defer action on the proposed ordinance licens- ing and regulating precious metal businesses until state legislation dealing with these _operations is passed. Mayor Haik commented on the extent to which the Fire and Police Depart- ment reports have been clarified before ordering the January Fire Report and the January and 1980 annual reports from the Police Depart- ment filed. Motion by Councilman Ranallo and seconded by Councilman Sundland to grant all licenses listed in the February 24 , 1981 Council agenda. Motion carried unanimously. Motion by Councilman Sundland and _seconded by Councilman Marks to approve payment of all verified. claims .listed in the February 24 , 1981 Council agenda. Motion carried unanimously. The manager verified that, after nine months of negotiations, the Public Works Director had reached .an agreement with Roseville regard- ing the City' s share of the costs for. the Highcrest Road Improvement project. Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve payments of $1,892 . 75 to the Dorsey firm for legal services during November; $4 ,160.63 to .Westwood Planning & _Engineering Co. for the Kenzie Terrace Study; $1,447 .57 to the City of Roseville for cost incurred in the study of available sanitary .sewer capacity for the diversion project; $101,595. 67 to Roseville as final payment for. the Highcrest Road Improvement; $42. 50 to Jerome Hanson for the sewer line break; and $630 to Stanton Associates for updating the salary administration program. Motion._ carried unanimously. The Mayor reported Congressman Sabo ' s office had contacted her re- garding the City' s hosting the Elected Persons Conference March 7th. Because the two workshops scheduled for that same date are anticipated to be lengthy and the Council was agreed that there might be more information regarding actions to be taken in Washington at a later date, she was requested to propose the conference be held sometime in April instead. Motion by Councilman Ranallo and seconded by Councilman Letourneau to adjourn the meeting at 8 :25 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe Secretary Mayor ATTEST: _ City Clerk •