Loading...
HomeMy WebLinkAboutCC MINUTES 03101981 Meeting Sheet 100171 VIII VIII VIII VIII VIII VIII IIII III Box: 15 Folder: Document: CC MINUTES 03101981 CITY OF ST. ANTHONY COUNCIL MINUTES • March 10 , 1981 The meeting was called to order by Mayor Haik at 7 :35 P.M. after a short recess which followed the work session on Cable T.V. Present for roll call : Haik, Letourneau, Ranallo, 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 Ranallo to approve as submitted the minutes for the Council meeting held February 24 , 1981. Motion carried unanimously. The Mayor read the letter of thanks from the Chemical Use/Abuse Information Committee for the City 's $2 ,500 contribution toward the Committee' s drug information dissemination program and ordered the Committee ' s minutes for their February 25th meeting filed. Consideration of the proposed ordinance to regulate massage parlors , etc. had been tabled for further research by the City Attorney. Mr. Soth had suggested two options to restrict these operations within the City which Mr. Fornell had included in his memorandum of March 10th. He had found no instances where municipalities in this area had either totally precluded or attempted to totally preclude massage parlors from within their boundaries , Mr. Soth said. However, one city, Jacksonville, Florida had successfully set distance restrictions which made it impossible for massage parlors and other similar operations from being established in the city at all, and the courts had ruled in favor of those restrictions . He said recent court cases have upheld cities ' rights to regulate by licensing or distance restrictions this type of business , considering them to be zoning, and not constitutional questions. The courts have also not accepted claims that prohibition of opposite sex massages is discriminatory against women because in most cases they are the masseuse. Mr. Soth suggested setting a distance restriction of 500 feet of a residential district, a church, a school or of another similar business as a condition for granting a conditional use permit for massage parlors which would restrict such operations to only a limited area in the southeast corner of the Apache property. The Manager said Apache management may not permit such a business. The Mayor and several of the Council had talked to officials in Minneapolis and Columbia Heights and learned of their experiences with undesirable businesses of this type and reason for reluctance to license such operations. Councilman Sundland didn't think a geographic restriction of 500 feet . could be viewed as capricious or arbitrary and Councilman Marks wondered if the prevailing mores of the community might dictate as -2- much as a .750. foot restriction which would exclude massage parlors altogether. Mr. Soth believed the geographic distance and opposite • sex massage restrictions in addition to the conditional use permit, a license and a background check should provide the controls the Council is seeking and couldn't see how licensing "could hurt and might help" . If, however, the Council chooses not to have licens- ing, he recommends zoning restrictions stipulate both conditions . Motion by Councilman Sundland and seconded by Councilman Ranallo to request the City Attorney to prepare an amendment .to Ordinance 1981-005 to include massage parlors as. a .Conditional Use in a "C" Commercial district, and to establish' the recommended 500 foot geographic restriction as a condition for granting a conditional use permit and to refer the amended ordinance to the Planning Commission for a public hearing. ORDINANCE 1981-005 AN ORDINANCE RELATING TO LAND USE, PROVIDING FOR MASSAGE PARLORS AS A CONDITIONALLY PERMITTED USE Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to lay over consideration of Ordinance 1981-003 and direct the City Attorney to include in the licensing procedures the restrictions against opposite sex massages. • 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 Motion carried unanimously. The public. hearing on the Anthony Lane North improvements which had been continued. from the Council' s February 10th meeting, was re- opened by Mayor Haik at 8 : 08 P.M. Mr. Fornell reiterated some .of the recommendations he had made in his March 5th memorandum regarding the construction of the storm sewer under a joint powers agreement with the City of Roseville, the looping of the water line (work and costs to be paid by the City) and the rebuilding of Anthony Lane North with a bituminous, Section 2 designed surface including curbs and gutters with the costs assessed on a unit basis to property owners on Anthony Lane. He also recommended further negotiations with M-M Development regarding the portion of the costs they are willing to pay in exchange for an access to the St. Anthony street from their new warehouse building at 2545 West County Road B and continuance of their connection to St. Anthony water and sanitary sewer service for which they have a temporary permit which expires December 31st. Rod Bernu of M-M had indicated in his letter of March 10th that his company would be willing to pay $18 ,000 of the costs for the benefits he saw to his company from .the improvements , which was an amount lower than the Manager believed could be negotiated. A substantial payment by M-M could be used to reduce the assessments for the new roadway and storm sewer for St. Anthony property owners . -3- Two of the property owners on Anthony Lane who had. attended the February.. l0th hearing were. present and .expressed their opposition to the recommendations regarding concessions to M-M. C. G. Hill of . C G. Hill .and Sons didn't understand why the matter . was 'still being pursued when "twenty-two months- ago :.we decided we didn't. want a road connection with Roseville" .. He..wanted. to "shut off the water to M-M when their temporary .perm t, expires". and confirmed he...would be will- ing to pay "one hundred percent of his share of . the costs which are assessed" . Loren Swanson and Al Goetsch of Central Engineering, 2930 Anthony Lane, agreed with Mr: Hill— regarding .the roadway access and services. to M-M. Mr. Swanson said it was an imposition for him to have to keep coming to these meetings and,. although he under- stood that .Roseville cannot, for legal- reasons , connect with St. Anthony' s roadway, as reported. by the Manager, -he, was - inclined to believe "Roseville will never do- anything about looping their street once access is permitted to Roseville property and Anthony Lane will just become a driveway for Roseville ''s .trucks. and other heavy vehicles" . He 'insisted "no(,one on. Anthony Lane wants the access to be allowed" . He just wanted an "attractive little cul du sac provided for the Anthony Lane property owners without an access to Roseville. Mr. Goetsch said "the people on Anthony Lane have. been pushed into a new .storm sewer because of the possibility of .flooding because M-M drained that pond" . He also agreed to pay one hundred percent of his share of . the assessments. Mayor Haik said she had perceived at previous meetings on these questions that the major concern of the property owners along Anthony • Lane had been the cost of the improvements and after the last meeting, the staff had been directed to. convey their concerns to Roseville to see if the roadway connection with MSA funding was possible. Councilman Ranallo wondered if the Council could act without. further input from property. owners who were not in attendance who had indicated an interest in, the connection, .but Mr. Soth said the Council could close the. hearing -without further input since those persons .had not been present for the continuation of' the discussion. The Manager again estimated the . costs for the roadway rebuilding, as proposed, to be $65,719 and storm sewer construction as $57 ,391 . Motion by Councilman Ranallo and seconded by Councilman Sundland to adopt Resolution .81-015* with wording modification to indicate the roadway surface is to be rebuilt to a Section 2 design, as proposed, and .subj.ect to. the joint powers agreement with Roseville for the storm sewer project. RESOLUTION 81-015 A RESOLUTION ORDERING IMPROVEMENT NO. 81-01 ANTHONY LANE NORTH. IMPROVEMENTS Motion carried unanimously. The City Attorney' s modifications of. wording for the nuisance and refuse control ordinance were accepted. Motion by Councilman Marks and seconded. by Councilman Letourneau to ` approve the second reading of Ordinance 1981-004 as amended by the City Attorney. -4- ORDINANCE 1981-004 AN. ORDINANCE RELATING. TO. NUISANCES AND REFUSE CONTROL OFFENSES , AMENDING SECTION 1000 AND REPEALING 1020 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. The Council .accepted ..the recommendations from Larry Hamer and Mr. Fornell that, since the counties have now taken over the restaurant licensing and inspections, there is: no :longer justification for City licensing. No input from .the .two boys present to discuss the Fun Center license was considered necessary. Motion by Councilman Ranallo and seconded by Mayor Haik to- suspend all licensing of restaurants. in St. Anthony until such time as the City Ordinance is amended .to omit such licenses. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Sundland to grant all licenses listed in the. March 10 , 1981 Council agenda with the exception of the three restaurant licenses listed therein. Motion carried unanimously. Motion by Councilman Marks and.-seconded by Councilman Sundland to adopt Resolution 81-018 , as reommended by the City Attorney. RESOLUTION 81-018 A RESOLUTION TO: DEFEND, SAVE HARMLESS AND INDEMNIFY THE ST. ANTHONY .CABLE TELEVISION COMMISSION Motion carried unanimously. Motion by Councilman Sundland and-seconded by Mayor Haik to adopt the resolution which authorizes the accounting transfer to permit the necessary repairs to the underground storage water tank per the February 26 , 1981 recommendations from the Public Works Director and with the agreed-to .wording modifications indicating only the roof is being recovered. RESOLUTION 81-019 A RESOLUTION PROVIDING .FOR. NECESSARY ACCOUNTING TRANSFERS TO PROVIDE FOR RECOVERING THE UNDERGROUND WATER STORAGE TANK ROOF Motion carried unanimously. The Council concurred with .the Manager.' s recommendation that the City Attorney should review the two cover letters and map conveying deeds forthree pieces. of right-of-way turnback -to St. Anthony from • Highway 88 and file the deeds. ti • -5- Motion by Councilman Sundland . and seconded by Councilman Marks to follow the recommendations made by Ron Berg in his March 5 , 1981 memorandum regarding the final allocation of entitlement monies for Year VIII , including $19 ,271 to be allocated. for the proposed Kenzie Terrace Senior. Highrise, to be used for whatever the City deems appropriate and necessary for-the project. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Marks to follow the recommendations of the Public Works Director to accept the proposal from.. Short-Elliott-Hendrickson. Inc. forithe feasibility and cost study .of the relocation.-of the watermain on 37th Avenue N.E. before the reconstruction of County Road D. _ �. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman ' Sundland to authorize the reroofing of the Central Park building per Larry Hamer' s memorandum of February 23 , 1981. Motion carried unanimously. Motion by Councilman Marks and seconded by Mayor .Haik to authorize the purchase of two additional voting machines proposed by Carol Johnson in her March 4 , 1981. memorandum. Motion carried unanimously. Motion by Councilman Ranallo and .seconded by Councilman Sundland to authorize the purchase of video tape equipment for the Police Depart- ment under the financing arrangements suggested in Chief Hickerson 's March 5, 1981 memorandum. Motion carried unanimously. An extensive discussion followed regarding the Public. Works survey which had been distributed and .the Manager 's recommendations regard- ing possible- street reconstruction -for St. Anthony, with special emphasis on his February 27th memorandum- citing various options for financing the project if it is undertaken. The Council perceived lack of awareness on the part of the City residents to the condition of the City streets evidenced in the survey. Councilman Marks said the message he is receiving now is that "people don't want a major street project now" . Councilman Ranallo said the residents are not aware that "the streets are deteriorating to such an extent that it will cost twice as much to reconstruct them later" . He suggested a capital improvement fund or a three to five year plan be initiated and the problems discussed with the residents at informal meetings as had been previously agreed to. Mayor Haik said publicizing the creation of such a fund might get the community' s attention but she speculated it might be dif- ficult to convince the residents of the streets ' condition because of the fact that they are in such bad shape is hidden with the level of maintenance. ::.The consensus was reached that an education program should be initiated as soon as the . sewer project is completed. -6- Larry Hamer' s March 3rd report on sewer televising, rodding and cleaning for 1980 was ordered filed, as- was the February report from the Fire Department. Motion by Councilman Sundland and seconded by Councilman Letourneau to approve .payment of all verified claims listed in the March 10 , 1981 Council agenda. Motion. .carried. unanimously. Motion. by Councilman Sundland .and. seconded by Councilman Marks to approve payment of $1,199 . 30 .to .Deferred Compensation .Administrators, Inc. for the study of costs and benefits of the firefighters relief association. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Marks to adjourn the meeting at 9: 30 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe Secretary Mayor ATTEST: _ City Clerk