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HomeMy WebLinkAbout19781204_regularM CNUTES OF TIIE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMDER 4, 1978 Answering rollcall were membcrs Courtney, Richards , Schmidt. Shm and Van Valken- burg. Also in attendance were Messrs. Ray O'Connell, Human Relations Commission, Arthur Dickey, Art Center Committee, Charles Bredesen, 111, 1-I.R.A. and Mrs. Helen McClelland of the Community Development and Planning Commission. P i\ P- a a a MINUTES of October 16, 1978, were approved as presented by motion of Councilwoman . Schmidt , seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. KERR COMPAhIES 0-2 OFFICE BUILDING ZONING REQUEST CONTINUED TO DECEMBER 18, 1978. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that this request for 0-2 Office Building zoning for property immediately South of the Perkins property on Eden Ave. had been last heard by Council on September 18, 1978, at which time it had been con- tinued so that the proponents could determine a means of reducing the intensity of the use for the site. (Councilwoman Schmidt left the meeting because of a pos- sible conflict of interest.) Mayor Van Valkenburg referred to letters received opposing the zoning request fromMrs. Flonence Faegre, 5236 Kellogg Ave., Messrs. David W. Crowther, 4604 Tower St., Leslie V. Randall, Jr., 5704 Golf Terrace, Dennis R. Hylces, 4516 W. Woodland Road, Robert W. Grill, 4613 W. Woodland Road, James M. Hall, 5604 St. Andrews Ave., and Mr. and Mrs. Harold G. Williams, 4617 Lexington St., Mr. and Mrs. H. Alan Schlesinger, 4501 Golf Terrace, Mr. and. Mrs. Lloyd I. Vinje, 5608 Dalrymple Rd., the Board of the Edina Country Club and a group of school bus drivers. that the plans which were to be presented to the Council in October had not been economically viable and, for that reason, further continuations had been requested. He reviewed proposals which had been previously made and explained that the pro- ponents are now exploring the financiai feasibility of constructing a 40,000 square foot building which would be no higher than six stories, with parking to accommodate 230 automobiles. Martinson said that it would probably not be feasible to build a structure less than six stories because of soil problems. He added that it is proposed to con- struct the building as far to the North as possible so as to take advantage of better soil conditions. not require any variances. Objections from the audience were made by Dr. Harry Hall, 4902 Lakeview Drive, Messrs. Donald Nyrop, Edwin C. Moore, Thomas Richards, Newell Gaasedelen and Donald Hey, all of Golf Terrace and Mnes. William Brandow and Frances Guimont, both of Lakeview Drive. In response to questions of Mrs. Pat Senior, 4503 Golf Terrace, Mr. Richard Wolsfeld of Bather, Ringrose, Wolsfeld, Jarvis and Gardner, Inc. , explained that results of his analysis showed that it would not be logical for freeway traffic to use residential. streets when collector streets already exist. Mr. Wolsfeld said that only 1,000 anticipated with the original 70,000 square foot building and that the 460 trips per day anticipated with the newly proposed 40,000 square foot building would not cause any substantial traffic increase. Mr. Hughes concurred with Mr. Wolsfeld 's analysis. Mr. Rubert Rutherford, 4608 Golf Terrace, said that he is a school bus driver and questioned how it is proposed to keep school busses on schedule during peak traffic hours. suggested that additional office space is not needed in the City. suggested that the property could be better used for R-2 Residential development. Mr. Wolsfeld agreed that if the intersection at Eden Ave. and Wilson Road is blocked, people would use Golf Terrace, but emphasized that normal day activity is so small that it would not be noticeable. Mr. Greg Gustafson, representing the developr said that every effort is being made to be responsive to the residents and to the Council and that the planning staff all feel that an office building is the best use.for the site. He requested that Second Reading of the ordinance be waived. Recalling a proposal made several years ago for R-4 zoning for the site in question, Councilman Richards said that he believes that Office Building zon- ing is the best use for the site, but that Council should see specific plans e for the development and also tHat the building should not exceed four stories in ,height. He then moved that the concept of an office building be approved and that the developers bring a new four story, 40,000 square -foot net leasable in size design back for Council's consideration, which plans would not require any vari- ances and that the plans would also indicate how much of the property would be used for parking purposes. Mr. Robert Martinson of the Kerr Companies said In response to questions of Councilman Shaw, Nr. Mr. Martinson emphasized that the proposed building would trips per day were He contended that the service road is already congested and It was also Notion was seconded by Councilman Courtney. 'Y .. 12/4/78 - Ayes : Courtney, Richards , Shaw, Van Valkenburg - Nays: None Abstaining : Sr- hmidt Motion carried. -- i Interested residents were asked to sign their names on a sheet of paper so that they can be notified when the matter again comes befqre the Council. to Pfr. Mktinson's expression of disappointment hs to' the. Council's action, Council- man Richards said that the alternative was that he would vote against the zoning request but that he was trying to work something out which would be acceptable to both the developers and to the Council. Councilwoman Schmidt returned to the meet- In response . I ing at this point. SUPERAMERICA -- APPEAL FROMBOARD OF APPEALS AND ADJUSTMENTS DECISION CONTINUED TO JANUARY 15, 1978.. - Affidavits of Notice were presented by Clerk, approved as to €om and ordered placed on file. Being advised that Superamerica has requested the continuation of its appeal from the Board of Appeals and Adjustments decision denying its request for a driveway *setback from street right-of-way, Councilman Shaw's motion continuing the matter until January 15, 1979, was seconded by Council- man Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SOUTHDALE OFFICE CENTER APPEAZ, FROM BOARD OF APPEALS AND ADJUSWETS DECISION WITHDRAWN. appeal from the Board of Appeals and Adjustments decision denying a 458 car park- ing variance and a 10 foot parking setback variance for development at 6600-6800 France Ave. No formal action was taken. Council was advised that the National City Bank has withdrawn its Ir SOUTHWEST, SOUTH AND WESTERN EDINA PLAN AMENDMENT CONTINUED TO MARCH 5, 1979. Councilman Courtney's motion was seconded by Councilman Shaw continuing the South- west, South and Western Edina Plan Amendment to'March 5, 1979, which amendment had previously been continued to this meeting from September 18, 1978. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg .. iTays: None Motion carried. - PUNNED RESIDENTIAL DISTRICT ORDINANCE NO. 811-A115 ANENDPENT CONTINUED TO MAR&- 5, 1979. the Planned Residential District Ordinance No. 811-A115 Amendment to March 5, 1979, Councilman Courtney's motion was seconded by Councilman Shaw continuing said ordinance amendment having previously been continued to this meeting from Septeuiber 18, 1978. ~ Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . DEVEY HILL ESTATES GRANTED FINAL PLAT APPROVAL, SWJECT TO RECEIPT OF OPEN SPACE . EASEMENT BY CITY. Nr. Hughes presented Dewey Hill Estates, located on the South-.' -.* west quadrant of Dewey Hill Road and Cahill Road for final plat, noting that all ordinance requirements had been met. In response to the concern of Councilman Rich- ards that Outlot A might later be developed, Mr. Harold Ness of the Gettleman COV- oration stated their willingness to grant a scenic and open space easement'over Out- lot A to preclude its further development. the following resolution and moved its adoption: Councilman Richards thereupon offered RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DEWN HILL ESTATES BE 1T.RESOLVED by the Edina City Council that that certain plat entitled "Dewey Hill Estates", platted by Melvin C. Gittleman, and presented at the-Edina City Council Meetjng of December 4, 1978, be and is hereby granted final plat approval, subject to receipt by the City of Edina of a. scenic and+open space easement aver Outlot A. I . . Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None .- : Resolution adopted,. - .- - HEARING DATES SET FOR PLANNING NATTERS . Shaw's motion was seconded by Councilman Courtney, setting December 18, 1978, as hearing date for the following Planning matters: As recommended by Mr. Hughes , Councilman 1) Baird House Rezoning from R-1 District to Heritage Preservation District 2) Preliminary Plat Approval for Joy's Edina Manor, located at 5236 Richwood Dr. Ayes : Courtney, Richards , Schmidt, Shaw , Van Valkenburg Nays: None Xotion carried. 12/4/78' 3' -- MATTING FOR WARMTNG ---- HOUSES 1311) APPROVED. Mr. Rosland presented tabulation of two bids for matting for warming houses at Todd Park, Walnut Ridge Park and Cornelia School Park showing Conveyors, Inc., low bidder at $1,965.10 and Fid- elity Products at $2,795.00. mended low bidder, Conveyors, Inc., was seconded by Councilwoman Schmidt. Councilman Richards' motion for award to recom- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ABLE SANITATION AWARDED CONTRACT FOR CITY PROPERTIES GARBAGE COLLECTION FOR 1979. . Mr. Rosland advised that Able Sanitation submitted the only bid for collection of garbage and rubbish for City properties, said bid being $3.24 per cubic yard and 95C per receptacle. tion as recommended by the City Manager was seconded by Councilman Richards. Councilwoman Schmidt's motion for award to Able Sanita- . Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. 50TH AND FRANCE AITNUE COMIERCIAL AREA SANITATION DISTRICT TERMINATED. land advised Council that four bids had been received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin, but that merchants in the 50th and France Avenue Business District now wish to contract for their own gar- bage and trash collection, with the understanding that the City will do the bill- ing and charge the merchants for that service. Councilwoman Schmidt then offered the following resolution and moved its adoptjon: WHEREAS, on December 6, 1976,,the Edina City Council by resolution designated all commercially zoned properties within the area included in the 50th and France Com- mercial Area Plan prepared by the Edina Housing and Redevelopment Authority as a "Commercial Area Sanitation District", with the City of Edina being responsible for taking and awarding bids and contracts for collection of garbage and refuse in the District; and WHEREAS, it has now been determined that there is no longer a need for such a District: NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that said designation of the Commercial Area Sanitation District for the 50th and France Ave. Commercial District is terminated as of December 31, 1978 and that the collection of garbage and refuse for the area will be the occupants of premises within the 50th and France Ave. Commercial Area, commencing January 1, 1979. Motion for adoption of the resolution was seconded by Councilman Courtney. Mr. Ros- RESOLUTION full responsibility of the owners, tenants and +, Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MORNINGSIDE GARBAGE AND REFUSE CONTRACT AWARDED TO VIERKANT DISPOSAL SERVICE. Mr. Rosland presented tabulation Bids in the Edina Sun and Construction Bulletin showing Vierkant Disposal low bidder for both once and twice a week service for the Morningside area at $52.00 for once a week service and $54.00 for twice a week service for both 1979 and ' 1980. Other bids received showed Able Sanitation bidding $59.00 for once a week service and $84.00 for twice a week service for 2979, with increases to $66.00 and $90.00 respectively for 1980, and Woodlake Sanitation bidding $59.07 for both 1979 and 1980 for once a week pickLip, with no bid for twice a week service. Cost of once a week pickup for 1978 was $49.95 annually. An unidentified lady in the audience objected that service is always bad in December and also complained that the trucks back into her driveway. Mr. John Jefferson, 4016 Kipling Ave., urged the Council to award the contract for twice a week service. Mr. Esse advised that he had spent approximately one hour a day with complaints received during this past year, but that he had very little trouble since September 1. Council- man Courtney'.s motion was seconded by Councilman Richards awarding the contract to Vierkant Disposal for twice a week service for '1979 and 1980, with the under- standing that the contract can be terminated at the end of 1979 if service is not satisfactory, and, further, with the understanding that Mr. Vierkant advise * residents of guidelines and of'where he can be contacted in the event of ar,y of bids received in response to Advertisement for ' prQb1emS. --_ Ayes: Courtney, Richards, SchmLdt, Shaw, Van Valkenburg Nays: None Motion carried. FIRE TRUCK REPAINTING BID ANARDED. Mr. Rosland presented tabulation of two bids for repainting the 197 13/4/78 Ford Pirsch Pumper. Tabulation showed Kolstac Company low bidder at $2,585, against bid of Rihm lioror of $2,784. motion for award to recommended low bidder, Kolstad Company, was seconded by Councilman Courtney. Councilwoman Schmidt's Ayes: Courtney, Richards., . Schmidt; Shaw, Van Valkenburg Nays: None Motion carried. SOLID IJASTE DISPOSAL DISCUSSED. Mr. Rosland called Council's attention to a letter from Hennepin County requesting that the City endorse studies and plan-' ning necessary to implement resource recovery and stressing the need for the. . -implementation of disposal systems thru funds which will be available from the' United States Environmental Protection Agency and for which funds Hennepin County .intends to apply. Following considerable discussion it was generally agreed that Councilman Courtney would advise that the City would like to cooperate, but that it believes that this is toq large a problem for Hennepin County and should, in- - , stead, by handled by the State of Minnesota. No formal action was taken. WINTER PARKING RESTRICTIONS DISCUSSED. which he had received relative to the prohibition of parking of cars on the street between 1 a.m. and 6 a.m. between November 1 and March 31. It was generally de- cided that no change should be made in the ordinance. Councilman Richards ref erred to a complaint No formal action was taken. . BINGO OKDINANCE CONTINUED TO DECEMBER 18, 1978. Mr. Rosland advised that under Hinncsota Statutes,. Chapter 261, the' City is required to either prohibit bingo games' or else establish a iicensing procedure. Statute could be adopted'by reference. ney of the Human Relations'Commission, Mr. Rosland said that, as a governing body, the City should make every attempt to comply with the statutes. Following some discussion, Councilman Shaw's motion was seconded by Councilman Courtney continuing the matter to December 18, 1978, so that licensing fees and procedures followed by Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . Chief Swanson suggested that the State In response to a question of Mr. Homer Kin- 'other municipalities could be investigated. CO-UNCiL SALARIES DISCUSSED. Councilman Shaw advised that, following Es suggestion made at the last meeting that Council salaries be increased, he was informed that no increase could be made until the budget khich would be voted upon immediately preceding' the next Council election. . . No action was taken. LEAGUE OF WOMEN VOTERS TWiED FOR CALENDARS. to the League of iJomen Voters for the 1979 calendars, Council expressed its appreciation FUNDS RECEIVED FOR RESTORATION AND PRESERVATION OF GRANGE HALL. Mayor Van Valken- Eurg announced the receipt of a check from the Minnesota Historical Society in an. amount of over $4,000 and advised that the Society hag approved the request for an additional $4,300 to complete the project and accept the negotiated bid for its . ., -restoration and preservation. No formal action was taken. a- PHYSICAL FITNESS SENINAR DISCUSSED. Fitness Sp5nar which will be held in Chicago for the public safety sector. Councilman Courtney requested that Chief Buresh obtain a report on the findings of fhe seminar: No formal action was taken. ASSESS&iENT SDiINAR TO BE CONDUCTED. to an Assessment Seminar which will be held on December 15, 1978. taken. Council's atteation was called to a Physical s - ** Mayor Van Valkenburg called Council's attention No action was L.E.A. YPAMPHLET on "PreGention, Detectibn and Correction-of Corruption in Local Government"was noted by Mayor Van Valkenburg, TAXICAB ORDINANCE NO. 14h-Al CONTINUED INDEFINITELY. Mr . Rosland recalled khat a Ordinance No. 1432-A1 had been continued from the meeting of November 20, 1978, so that the taxicab companies could give their input but that nothing had been heard from them since the last 'meeting. woman. Schmidt, continuing the ordinance indefinitely. ~ . No action was taken, Councilman Shaw's motion was seconded by Colincil- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Notion carried. ORDINANCE NO. 1353 GRANTED FIRS'l" READING. relative to physical culture, health setvices and clubs, reducing salons, massage Mr. Rosland presented Ordinance No. 1353 12/4/78 5 and sauna parlors and escort services, which ordinance had been continued from the Council Meeting of November 21. Reference was made to the fact that the I\linnesota Supreme Court has before it an appeal from Olmsted County District Court involving the Rochester, Minnesota, sauna ordinance w.hich was passed on March 7, .1978. annual license fee to $3,000. The owners of three saunas and massage parlors challenged the constitutionality of the ordinance and have appealed the District Court's determination that it is constitutional, too high. time with the understanding that the outcome of the Rochester case would be monitored. If necessary, the ordinance could then be amended to comply with the Councilman Kichards pointed out that unknown problems could lead to a tremendous expenditure of staff time and said that he believed that the actual cost of the proposed license and investigation fees could easily exceed the cost of licensing these establishments inasmuch as such investigations are time con- suming and expensive. Swanson said that the ordinance would provide that, other than in the case ot an escort service, employees and attendants shall serve only patrons of the same sex. .He also recommended that 10 p.m. would be a reasonable closing time.for such establishments, based on the fact that police manpower is reduced for the 11 p.m. shift. Councilman Courtney then offered the following ordinance for First . Reading : The ordinance prohibits opposite-sex massages and increases the Mr. Rosland recalled that the ' City Attorney had expressed concern that the proposed fees might be considered Mr. firickson suggested that 'the ordinance could be adopted at this , ,decision, In response to a question of Councilman Richards, Chief ORDINANCE NO. 1353 AN ORDINANCE LICENSING AND KEGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, SAUNA PARLORS, AND ESCC'RT SERVICES; REGULATING AND LICENSING PERSONS WHO PERFORM MASSAGES AND ESCORT SERVICES; REPEALING ORDINANCE NO. 1352;- AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EUINA, MINNESOTA, ORDAINS: Cerms shall have the following meanings unless the context clearly indicates otherwise. . (a) club, 'I "reducing club, and "massage parlor" mean any building, room, structure, place or establishment used by the public other than a hospital, sanatorium, rest home, nursing home, boarding home or other instituion for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.703, inclusive, where non-medical and non-surgical manipulative exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic,. or bathing devices. "Sauna parlor" means any building, room, structure, place or establish- ment containing a room or rooms used by the-public for bathing, relaxing or reducing purposes utilizing steam or hot air as a cleaning, relaxing or reducirrt: agent. paniment services to its customers for a fee or other valuable consideration. rolling, pounding, vibrating, or stimulating the superficial parts of the human body with the hands or any instrument. Section 1. Definitions. For the purpose of this ordinance, the following , "Physical culture and health services," "physical culture and health "reducing salon, (b) (c) (d) "Escort service" means any business which provides male or female accom- 'lessage'' means the rubbing, pressing, stroking, kneading, tapping, Sec. 2. Business License Required. - (a) It is found and determined that the type of business activity subject to -- being licensed under this ordinance is particularly subject to abuse which may take a number of forms contrary to the morals, health, safety and general welfare of the community. intensive efforts of the Police Department as well as other departments of the City. These efforts exceed those required to control and regulate other business activities licensed by the City. This concentrated use of City services tends to detract from and reduce the level of service available to the rest of the commun- ity and thereby diminishes the ability of the City to promote the general health, welfare, morals and saEety of the community. exceed four. a physical culture and health service or club, reducing club or salon, sauna parlor, massage parlor, or escort service within the City, either exclusively or in connection with any other operation or enterprise, unless such business is cur- rently licensed under this ordinance. For purposes hereof , a business is operating Further, it is found that control of these abuses requires Therefore, the number of business . licenses which may 'be in force under this ordinance at any o'ne time shail not (b) NO person, corporation, partnership, or other organization shall operate .. .. . 1. 6: - 12/4/78 ... c within the City, regardless of whether the business premises are actually located within the corporate limits of the City, if the business premises serves as a point of ,assignment for employees who perform services within the corporate limits of the City, including, but not limited to, telephone referral businesses. Sec. 3. Individual License Required. No person shall perform massage or escort services within the City for a fee or other valuable consideration unless request of any police officer, his or her license while within the City. .. currently licensed under this ordinance. The licensee shall carry, and display on ..:: + ::.. P -v, - .> Sec. 4. License Applications and Procedures. Every application for a . license under this ordinance shall be made on a form supplied by the City and shali be filed with the City Clerk, The provisions of Ordinance No. 141, including the % penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders'of such licenses. In addition to the information required by said Ordinance No. 141, the application for a license under this ordinance shall contain the following information: (a) Business Licenses : ship, or other form of organization. If the applicant is a natural person: a. The true name, place and date of birth, current address and b. - I 1. Whether the applicant is a natural person, a corporation, a partner- 2. - .L - .telephone number of the applicant. Uhether the applicant has ever used or has been known by a name. other than his true name; and if so, such name or names and information concerning dates and places where used. A specific statement as to the type and naturz of the business to be licensed. The name of the business, if it is to be conducted under a name other than-the full individual name of the applicant, in which case a certified copy of the certification required by Minnesota Statutes, Chapter 333, shall be attached to the application. The addresses at which the applicant has lived during the previous five years, including a statement of how long the applicant has 'been continuously a resident of Minnesota during the period as of and immediately preceding the date of applica- t ion. The kind, name and location of every business or occupation in which the applicant has been engaged during the preceding five years. The names and addresses of the applicant's employer(s) and partner(s), if any, who were such at any time during the preced- ing five years. h. The applicant's educational qualifications, including originals or certified copies of degrees, diplomas or certificates, if any. i. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than traffic ordinances; and, if so, information as to the time, place and offense for which convictions were had. The physical description of the applicant and attaching a recent A statement of the training and experience possessed by the applicant related to the operation and affairs of the business to be licknsed. c. d. - e. f. . g. 3. k. c photograph of the applicant showing both front and side views. 3. If the applicant is a partnership: a. -'The names'and addresses of all partners .and all information con-. '. '- cerning each partner as is required of an individual applicant under paragraph (a12 of this Section 4. b. The name(s) of the managing partner(s), and the interest of each . partner in the business. i c. A true copy.of the partnership agreement under which the applScant exists shall be submitted with the application. ship is required to file a certificate as to trade name under the provisions of Minnesota Statutes; Chapter 333, a certified If the partner- .. copy of such certificate shall also beattached. 4. If the applicant is a corporation or other organization:. a. The name of the applicant, and if incorporated-, ehe state of b. incorporation-. A true Certificate of Good Standing, dated as of a current date, and true copies of the Articles of Incorporation or Association Agreement and By-Lays shall be .attached to the application. If a foreign corporation, a Certificate of Authority issued pur- suant to Minnesota Statutes, Chapter 303, shall also be attached. -. in 12/4/78 c. The name of the person(s) who is to manage the business and all information concerning said person(s) as is required of an individual applicant under paragraph (a)2 of this Section 4. The names cf all officers, directors and persons who control or own an.interesr in excess of five percent (5%) in such corpora- persons as is required.of an individual applicant under paragraph (a)2 of this Section 4. d. * tion or organization, and all information concerning said 5. The location of the business premises. 6, Whether the applicant is licensed in other communities, or has had a license revoked, or has been denied a license, to conduct any of the activities required to be licensed hereunder; and if so, when and where the applicant is or was so licensed, has had a license revoked or has been denied a license. 7. The names and addresses of those individuals to be licensed and employed by the applicant and who may work within the City. 8. The names, residences and business addresses of three residents of Hennepin County, not related to the applicant or financially inter- ested in the business to be licensed, who may be referred to by the . City for information as to the applicant's character. cant is a partnership, three such names shall be supplied for each partner, and if the appiticant is a corporation or other organiza-' tion, three such names shall be supplied for each officer of the applicant and manager of the business. The amount of capital investment to be made by the applicant in the premises described in the application for the purpose of operating the business to be licensed. For purposes hereof, capital investment shall mean the amount of money that the applicant actually invests to acquire, refurbish, repair, remodel, or furnish the said premlses, including moneys invested to comply with Section 15 of this ordinance. This paragraph shall not apply to any applicant for a license to operate only an escort service. If the appli- 9. (b) Individual Licenses. All the information required under subparagraph 2, . 6 and 8 of paragraph (a) of this Section 4, together with the name and location of any business licensed or to be licensed under this ordinance by which the applicant will be employed, shall be required of applicants for an individual license. this ordinance shall be signed and verified by the oath of the applicant. If the application is that of a natural person, it shall be signed and verified by such. person; if by a partnership, by all the partners; if by a corporation, by two officers thereof, and'if by an unincorporated association, by the manager or managing officer thereof. application shall result in the denial of the license applied for, and shall con- stitute adequate grounds for the suspension or revocation of any license issued to the applicant therefor. Sec. 5. Execution of Application. All applications for any license under Any falsification-of information on any license Sec. 6. License and Investigation Feeq. (a) License Fees. Each application for a license or renewal license shall be accompanied by payment in full of the required license fee. individual license is $50. rejection of any application 'for a license, the City Clerk shall refund the amount paid individual license, there shall be paid in full an investigation fee of $50, no part of which shall be refundable. a business license, there shall be paid in full an investigation fee of $1,500, no'part of which shall be refundable. Clerk to the Police.Dpeartment and to such other City departments as the City Manager shall deem necessary, for investigation of the character of the applicant and verification of the facts set forth in the application. Within 60 days after .the date of the application,.the Chief of Police or his deputy and any other.con- sultants shall submit a written recommendation to the City Manager as to issuance or nonissuance of the license, setting forth the facts upon which such recommenda- tion is based. Sec. 8. Approval or Denial of Application. Within 90 days after the date of the application, the City Manager-or his deputy shall either approve or deny the application and shall notify the City Clerk is writing of his decision. If the application is approved, the City Clerk shall issue the license. application is denied, the City Clerk shall furnish written notice of such denial to the applicant; together with the reason or reasons for denial. In addition to the reasons set forth in Section 4 of Ordinance No. 141, a license hereunder may also be denied for any of the following reasons:' The fee for an The fee for a business license shall be $3,000. Upon (b) Investigation Fees. At the time of each original application for an At the time of each original application for See. 7. Investigation. All applications shall be referred by the City If the . a. . 12/4/71) l, - *.. . .. .r . (a) If an ,.idividual app icant is under the age of 18. . (b) If the applicant, or any one or more of the principal officers, managers, directors, shareholders or owners,, if a corporation or association, or any one or more partners, if a partnership, have been convicted of a felony, or have been convicted of any illegal conduct*involving moral turpitude, dishonesty, fraud, deceit or misrepresentation; directors, shareholders or owners, if a corporation or association, or any one or more partners, if a partnership, has been convicted of any crime or crimes dir- ectly relating to the occupation of massage and escort services, as defined by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation of massage or escort services, as defined by Minnesota Statutes, Section 364.03, subdivision 3; directors, shareholders or owners, if a corporation or association, or any one or more partners, if a partnership, has within one year prior to the date of applica- tion been denied a license under this ordinance, or any similar ordinance of any municipality within the State of Minnesota, or has within such period had revoked any license issued under this ordinance, or any similar ordinance of any munici- pality within the State of Minnesota; upon the premises described in the application; fail to comply with the requiremerits of Section 15 hereof. described in the application for the purpose of operating the business to be lciensed is less than $10,000. for a license to operate only an escort service; (h) had at least two years' actual training and experience in practicing massage, or (ii) received at least one year of traming in practicing massage from a school classified and conducted as an area vocational-technical school by the Minnesota State Board of Education pursuant to Chapter 121 of Minnesota Statutes, (III).. received at least one year of training in practicing massage from a school approved by the 'Minnesota Higher Education Coordinating Board pursuant to Chapter 136A of Minnesota Statutes, or (iv) received at least; one year of training in. practicing massage from a school within or without Minnesota meeting the standards of those schools approved as provided in (ii) and (iii) above in this paragraph; continuously for at least the six-month period immediately preceding the date of application. the expiration of any license issued hereunder, any license holder desiring to renew the same shall submit a written application therefor to the City Clerk on korms provided by the City together with payment i% full 0-f the-.same license fee as required for the original license. to the City Manager or his deputy who shall, within 30 days after the date of such renewal application, either approve or deny the application and shall notify the City Clerk in writing of his decision. t$e license or, in case of denial, notify the applicant in writing of such denial setting forth the reason or reasons therefor. license or renewal of a license by filing a written notice of appeal to the City Council in the office of the City Clerk within 30 days after such.denia1. aFpeal shall be heard by the City Council within 60 days after such notice is . filed .and opportunity shall be given to any person to be heard in favor of or opposing the issuance or renewal of the license. The City Councilrnay order and: conduct such additional investigation as it deems necessary. Any licensee is authorized to .continue to operate until final action by the City Council upon his renewal application, unless prohibited by Council resolution made after such denial. (c) If the applicant, or any one or more of the principal officers, managers, I (d) If the applicant, or any one or more of the principal officers, managers, (e) (f) (g) If the business to be licensed 2s not permitted by Ordinance No. 811 If the premises described in the application for a business license If the capital investment to be made by the applicant in the premises This paragraph shall not apply to any application If the individual applicant for a license to practice massage has not (5) - B (i) If the individual applicant has'not been a resident ot Minnesota Sec. 9 Renewal Applications. Not less than 40 nor more than 50 days prior to . Such renewal application-shall be forwarded . The City Clerk shall thereupon issue Sec. 10. Appeal to Council. Any applicant may appeal from denial of a Such - %I Sec. 11. License Not Transferable; Duration. Each license shall be issued to the azlicant only and shall not be transferable to another holder. h .i?$iy changein the persons named as partners on the application, as required by . Sec:4(a)3.a.,hereotY and any change in the persons who are named in the appli- . cation as required by Sec. 4(a)4.d., shall be deemed a transfer for the purposes of tnis ordinance; provided, hoiiever, if the licensee is a limited partnership, a change in the limited partners of less than 25% cumulatively over the then license period, shall not be deemed a transfer; and provided further, however, that the change in or addition of a vice-president, secretary, or treasurer of a corporate licensee shall not be deemed a transfer. Allelicenses issued pursuant to this ord5nance shall be effective for one year from the date of issuance. 1 2 / 4 / 7 8 . II Sec. 12, Suspension or Revocation of License. The City Council may sus- pend for any period not exceeding 60 days, or revoke, any license issued pursuant to this ordinance upon a finding of violation of any provision of this ordinance or tipon violation of any other ordinance, statute or regulation affecting the . activities covered by this ordinance. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the City Council shall be preceded by written notice to the licensee of a hearing thereon. be served upon the licensee personally or by mailing the same to the business or residence address set forth in the application or on file with the City Clerk. The noice shall give at least 10 days' notice of the time and place ot the hearing andshall state the nature of the charges against the licensee. The City Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. open for business, nor shall any persons or customers be permitted on the premises, between the hours of 10:30 The notice may Sec. 13. Hours of Operation. No business licensed hereunder shall be p.m. and 8:OO a.m. of the succeeding day. Sec. 14. Restrictions and Regulations. (a) The individual designated by a partnership or a corporation in its application for a business license to be manager and in responsible charge of the business shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the holder of the license. the Police Department in writing of any such change indicating the name and address of the new manager and the effective date of such change. Any person practicing massage within the City shall inform the City of any changes in employment or'location of employment within the City. (c) change in residence address within 30 days of such change. in his employ or connected therewith shall maintain an occupancy or guest register by which each patron must register with his correct name, address and phone number and each license holder, or person in its employ shall require each patron to furnish identification describing and identifying his correct name, address and phone number and shall further require each patron to correctly and truthfully furnish his name, address and telephone number to the guest register before the administration of any services of the business licensed hereunder. This occupancy register or guest register must be maintained on file for inspection by officers, employees or agents of the City of Edina or any other agency of any political subdivision, the State of Minnesota or agency of the United States government for a period of not less than two years. other than an escort service, male employees and attendants shall attend to, practice massage upon, or otherwise serve- only male patrons, and female employees shall attend to,' practice massage upon, or otherwise serve only female patrons. Also, employees of all businesses licensed hereunder must remain and be fully clothed. (f) No person shall perform a massage for a fee or other consideration at any place other than a physical culture and health service, physical culture and health club, reducing club, reducing salon, sauna parlor or massage parlor duJy licensed hereunder. within the City. The holder of the license shall promptly notify . (b) Any person engaging in massage in the City shall inform the City of any (d) The holder of a business license under this ordinance and all persons (e) At all times during the operation of any business licensed hereunder, (g) No person shall solicit massage or escort services in any public place Sec. 15. Construction Requirements. No business license shall be issued for other than an escort service unless the premises to be used for such opera- tion shall comply with the following requirements: reducing agent, and all restrooms, changing rooms and bathrooms used in connection therewith, shall be constructed with materials impervious to moisture, bacteria, mold and fungus growth. Floor to wall and wall to wall joints shall be con- structed so as to provide a sanitary cove with a minimum radius of 3/8 inch. 2 cfm per square foot area, a minimum of 15 foot candles of illurnination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels with dispensers and soap with dispensers. Each such operation shall have a janitorts closet for the stoy;a,ge of clganing supplies with a mop sink, mechanical ventilation with 2 cfq pey; square foot area and a minimum of 15 foot candles of illumination, Individual lockers shall Be provided for use by customers and shall have separate keys for locking;. (a) All rooms utilizing steam or hot air as a cleaning, relaxing or (b) All public restrooms shall be provided with mechanical ventilation with (c) (d) _- See. IG. (a) Maintenance; Sanitary Conditions; Communicable Disease. All businesses -licensed hereunder shall at all times be kent in a I - - clean and sanitary condition. 12/4/78 io 'C .- r=* (b) All instruments and mechanical, therapeutic, and bathing devices or parts thereof that come into contact with the human body at all times shall be kept clean and sanitary, for use-by another until tho.roughly laundered. before each massage. employed in a licensed business. to the knowledge of the owner, custodian, or employees of a licensed business shall be accommodated as a patron therein. Inspection. at all times be held open for inspection by duly authorized representatives of the City. Sec. 18. Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do not give, or hold themselves out to give, massages, other than is customarily given in such shops and salons for the purpose of facial beautifica- tion only shall not be subject to the provisions of this ordinance. a misdemeanor. Such penalty may be imposed in addition to revocation or suspen- sion of a Iicense. Sec. 20. Repealer. Ordinance No. 1352 is hereby repealed in its entirety. Sec. 21. This ordinance shall be in full force and effect immediately upon (c) 'No towels and linens fwnishcd for use by one patron shall be furnished' (d) (e) All individuals who practice massage shall wash their hands thoroughly No person suffering from a communicable disease shall work or be No person suffering from a communicable disease Sec.. 17. Each business required to be licensed hereunder shall Sec. 19. Penalty. Any person violating this ordinance shall be guilty of its passage and publication. MANDATORY RliTIKEWNT ORDlNANCE CONTINUED TO DECEMBER 18, 1978. B5.r. Rosland, Councilwoman Schmidt's motion was seconded by Councilman Richards, continuing a Mandatory Retirement Ordinance until December 18, 1978. As recommended by Ayes: Courtney, Kichards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LETTER OF CREDIT TO JET DISTRIBUTING APPROVED. Councilman Shawls motion approving establishment of a Letter of Credit in the amount of $25,000 for the purpose of purchasing liquor. from Jet Distr2butixig; ' was seconded by Councilman Courtney. As recommended by Mr. Ualen, Rollcall: Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg LIQUOR REPORT as of October 3155.1978, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Richards, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Motion carried. .- Nays: None <. - . CLAIMS PAID. Motion of Councilman Courtney was seconded by Councilman Shaw for pay- ment of the foliowing claims as per pre-list: Fund, $6,816.'48; Art Center, $4,574.62; Park Construction, $529.62; Swimming Pool, $132.35; Golf Course, $1,485.94; Recreation, $13,431.8U; Water Works, $13,545.50; - Sewer Rental, $100,075.30; Liquor Fund, $1,782.53; Construction, $1,930.30,; IBR3 $1,350.00; Total, $221.826.44. - Nays: None General Fund, $76,172.00; Park ~. - L .. . Ayes: Courtney, Richards, SchmiQt, Shaw, Van Valkenburg Motion carried. No further business appearing, Councilman Courtney's motion for adjournment was 'seconded by Coundilwoman Schmidt. Ad *- ..- , . I. /... ~ - i -