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HomeMy WebLinkAbout19790108_regularNINUTES OF THE REGULAR MEETING OP THE EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 8, 1979 Answering rollcall were members Bredesen, Courtney, Richards, Schmidt and Mayor opment and Planning Commission and Mr. Bay O'Connel1 of the Human Relations Van Va1kenburg.- Present also were Errs. Helen NcClelland of the Community Devel- f MINUTES of December 4, 18 and 28, 1978, were approved as submitted by notion of Councilwoman Schmidt, seconded by Councilman Courtney. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. OATH OF OFFICE ADMINISTERED TO COUNCIL EIEXBERS BREDESEN AND RlCHARDS. The City Clerk administered oaths of office to Council Members Frederick S. Richards and A. Charles Bredesen, 111 for four year terms of office; kach of which yill run until January 1, 1983. COUNCIL" COURTNEY APPOINTED HAYOR PRO TEN. burg of Councilman Courtney to serve as Mayor Pro Tern €or 1979 was seconded by Councilman Richards. . The nomination by Mayor Van Valken- Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None .- Motion carried. KILLMf AND BERNICE JACKSON APPEAL FROM BOARD OF APPEALS AND ADJUSTPENTS DECISION CONTIhTED TO FEBRUARY 5, 1979. from the Board of Appeals and Adjustments decision of William and Bernice Jackson for a 6.1% lot coverage variance for their property located at 5660 l7oodcrest Dr. (Lot 16, Block 3, Colonial Grove Sixth Addition) had been continued from December 18, 1978. He advised that the Jacksons had approved the request of Mr. 1.Jilliam . C. Hirsch.to continue the hearing until February 5, 1979, whereupon Councilman i Courtney's motion was seconded by Councilwoman Schmidt, continuing the hearing to' February 5, 1979, as requested. NE. Rosland recalled that the appeal Ayes: Bredesen, CourtnGy, Richards, Schmiat, Van Valkenburg Nays: None Motion carried. Councilman Richards said that he had only voted in favor of the motion because the Jacksons were willing to continue the hearing. 250 STEEL SIGN POSTS BID AWARDED. received thru Hennepin County purchasing €or 250 steel sign posts, recommending that the signs be purchased from M.R. Sign Company for $1,155.00. Councilman . . Courtney's motion was seconded by Councilman Bredesen, awarding the bid to M. R. Mr. Rosland presented a tabulation of bids Sign Company as recommended by the City Elanager, Ayes: Bkedeseq, Courtney, Richards, Schmidt, Van Nays: None lfotion carried. OZALTD 3fiCHI.iE BID AWRDED. Mr. Rosland presented a the purchase of a net7 ozalid machine showing Rbgers against bid of Albinson Company at $3,995.00. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Nays: None Motion carried. Valkenburg tabulation of two bids for Company low bidder at $3,795 Valkenburg ASTAN RESETTLEMENT COORDINATOR'S REPORT ACCEPTED. Mr. Rosland called Council's attention to the report of Chuyet V. Bui, the Southeast Asian Resettlement Coor- dinator, which report covered his activities for the year 1978. Schmidt said that sdme churches in the City are bringing additional refugees into the area. No formal action was taken. HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS PROPOSED AMENDMENT APPROVED. Criminal, Justice Coordinating Council Eylaws and advised that he and Councilinan Courtney have recommended that Council adopt a resolution of support. CounciXmsn Courtney explained that the amendment'simplifies the process by which members are selected. its adoption: Councilwoman blr. Rosland presented a proposed amendment to the Hennepin County Councilman Courtney then offered the following resolution and moved RESOLUTION BE IT RESOLVED that the Edina City Council support the proposed ainendment to the Bylaws of the Hennepin County Criminal Justice Coordinating Council. Xotion for adoption of the resol.ution was seconded by Councilwoman Schmidt. 1/8/79 Rol Lcall: AYCS: Nays: None Resolution adopted. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg a 23 i CAnLE TV COPDfISSXON MEMBERS DISCUSSED. Mr. Roslapd presented a list of names of individuals who he thought would be interested in serving as members of a Cable - TV Commission, and recommended that the commission be limited to six members, in- cluciing one member of the City staff. He explained that State'Statutes call for members of such a commission to make recommendations to the Council as to the feasibility of Cable TV in the City and emphasized that he believed that members should be knowledgeable about Cable TV. It was suggested t3at the Commission should be co:nprised of people who would know the wishes of Edina residents and who would have no special connection with the television industry. gested that the co?iunission make its report to the Council within six months. Mayor Van Valkenburg asked Council to submit additional names to him for considera- tion. TV meeting to be held at the Edina City Hall on Jsnuary 10 at 7:30 p.m. action was taken. It was also sug- Councilman Courtney said that anyone interested would be welcome at a Cable No formal PRANCE AVE. UPGRADE REFERRED TO STAFF; BUSINESS PEOPLE TO BE CONSULTED. With the aid ofj the overhead projector, Mr, Hoffman showed a map indicating improvements . proposed for France Ave. between the Crosstown Highway and W. 70th Street, which project includes resurfacing the bridge deck, widening France Ave. to six lanes, traffic signals, concrete sidewalks and retaining walls. He advised that it is proposed that the County pay $1,831,794.60 and that the City pay $374,302.40, and advised that the County is now in the process of buyizlg right-of-way, 'half of. : which is proposed to be paid by the City. Mr. Hoffman recommended that the City ask for State Aid funds to pay for sidewalks and retaining walls, that State Aid Funds be requested for the signals at France Ave. and Hazelton Road and that public hearings be conducted for signals at the intersections of Southdale Center and of the Southdale Office Buildings for-the purpose of assessing those signals against benefitting properties, and that gas tax funds should be used to pay the City's share of right-of-way acquisition. In response to a question of Councilman Courtney, Mr. Hoffman said that the City has recommended the proposal. because it believes that traffic congestion would be relieved and the accident rate in the area reduced. concern about getting thru traffic on France Ave. Nr. Rosland recalled that - originally the right-of-way was to be donated by Daytons, with the sidewalk to be located on the West side of the street. Councilman Courtney said that he did ndt believe that the City should buy land from businesses that will benefit from the improvement. Councilman Richards' motion was then seconded by Councilman Courtney that the staff meet with the businesses which would be affected by the improvement. in order to determine their thoughts on the subject. He recalled that Public Safety officials have expressed Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Notion carried. RECREATIONAL VEHICLE PARKING ORDINANCE TO BE CONSIDERED. Mr. Rosland advised Council that 'resjdents'had somehow gotten the idea that they could not park recreational vehicles'in.their yards. He referred also to the fact that existing ordinances on the subject are contradictory, and that, in one case, the codified ordinance was entirely contrary to the original intent. Mr. Rosland asked the Council to make a determination as to 1) Does the City allow parking of recreation vehicles on private property and if so, where? 2) The definition of a "passenger car". He said that it appeared that the intent of the Council in 1965 had been that recreational vehicles should be parked behind the front lot setback and no closer than five feet to the property line, and that only one passenger car be parked in a driveway between the house and the street unless the lot was less than 49 feet in width, in'which case two passenger cars could be parked in the driveway. Elr. Rosland said that he would prepare line drawings and pictures for Council's review at the.February 5, 1979 meeting. No formal action was taken. . MISDEMEANOR PENALTY ORDINANCE TO BE CONSIDERED. while the State of Minnesota fines up to $500 for a misdemeanor, City ordinances call for a fine of only $300 and recommended that an ordinance amendment be drafted to bring the City more closely in line with State fines. motion was seconded by Councilman Brcdesen, directing that an ordinance be drafted for Council consideration as recommended by the City Manager. Mr. Rosland advised Council that, Councilman Courtney's Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. .. 1/8/79 SEMTNAR FOR ELECTED OFFICIALS NOTED. Note was made of a conference for elected . officials to be held at L'hotel de Prance on Saturday, January 27, 1979, at 1O:OO a.m. No action was taken. MORNINGSIDE SCHOOL PROPERTY DISCUSSED. Efr. Rosland advised Council that negoti- ations are continuing on the purchase of the Morningside School property and .that he hopes to have a recommendation at the'next Council Meeting. was taken.' (See correction in minutes of January 15, 1979.) No action YOUTH ACTION'REQUEST FOR ADDITIONAL FUNDS DISCUSSED. recalled that Youth Action will be coming to the next meeting to request additional funds from the City, As requested by the Mayor, Mr. Rosland said that he would contact Eden Prairie to determine their plans for contributing their share of Youth Action's expenses, No action was taken. mYOR'S "THINK LIST" REVIEWED. Mayor Van Valkenburg presented a list of concerns for Council and staff consideration, stating that he thinks that constructive action should be taken in the near future, No action was taken. FARMERS & MECHANICS BANK BUS DONATION ACCEPTED WITH TMXS; ROTARY CONTRIBUTION PROPOSAL NOTED. Mr. Rosland advised Council that Edina Rotary has indicated an interest in donating $8,000 toward a local transportation program, along with the possibility of donating a special events community billboard. He advised also . that the Farmers & Mechanics Bank has approved the expenditure of $25,000 for a van or small bus, but was not interested in any joint venture with Rotary. was expressed that such a veilicle would be too costly for the City to maintain unless volunteer drivers would be available. ance of this gift could potentially mean a five to six year commitment to Farmers & Mechanics Bank. The suggestion was made that the City consult with various companies dealing in vans, which vans would be used by the City, with special emphasis on senior citizen transportation and transportation for the handiczpped and that the City Manager make recommendations to the bank. Councilman Richards expressed concern that if the City becomes involved with the bank, it must be understood that. the City will do its best to keep the vehicle moving, but that . there will be no guarantee as to the amount of its use. moved that the City accept with thanks the contribution of Farmers & Mechanics Bank of a van to be used by the City and especially for senior citizens and handicapped people, with the understanding that the City will not pay the cost of any drivers, and, further, that the City Manager will work out all details and guidelines with the bank. Motion tias seconded by Councilwoman Schmidt. Mayor Van Valkenburg I Concern It was also brought out that accept- Councilman Courtney then U Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. .. Councilman Bredesen expressed his concern that this is a "piecemeal solution to a much bigger problem" but that he would go along with the proposal inasmuch as it is on an experimental basis. He requested that the City collect data on the usage of the van and other problems which might be associated with it. Councilman Courtney pointed out that the proposal came about because the City was looking for a method of transporting senior citizens. -The Mayor clarified that the gift should be accepted with the thought that this solves part, but not all, of the transportation problems of the City. (See correction in Minutes of 1/15/79 .) ORDINAXE NO. 204 ADOPTED; SECOND READING WAIVED. Councilman Courtney offered Ordinance No. 204 for First Reading, with waiver of Second Reading and moved its adoption' as follows : I ORDINANCE NO. 204 OF BINGO OCCASIONS, THE OPERATIONS OF GANBLINC: DEVICES AN ORDINANCE LICENSING AND REGULATING THE COhqUCT AND THE CONDUCT OF RAFFLES, AND PROVIDING A PENAtTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: incorporated herein by reference, as an ordinance of the City, the provisions of Chapter 349, Minnesota Statutes, 1978, relating to the conduct of bingo occasions, the operation of gambling devices and the conduct of raffles, except as such provisions may be made more restrictive by the following provisions of this ordinance. a gambling device or conduct a raffle or bingo occasion without first having obtained a license therefor'pursuant to this ordinance. ance No. 141 of the City, including the penalty provisions thereof, and speci- fically including Sec. 2(c) thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, in addition to the provisions of 'said Chapter 349, Minnesota Statutes, 1978. Provided, however, that no surety bond or insurance policy shaXl be required of any applicant for a license I Section 1. Provisions of State Law Adopted, There is hereby adopted and Sec. 2. License Required. No person shall directly or indirectly operate Sec. 3. License Procedure and Control; Penalties. The provisions of Ordin- 1f 8/79 25 under this ordinance, and provided, further, however, that the manager or his deputy shall act on a license application within 180 days from the date of appli- cation, but shall not' isspe a license until at least 30 days after the date of the application. Each license shall expire one year from the date of issue. public at ion. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. .Set. 4. Sec. 5. License Fek and License Year. This ordinance shall be in full force and effect upon its passage and The annual license fee shall be $25.00. . Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Nays: None Ordinance adopted. ORDINANCE NO. 1353 GRANTED SECOND READING. Councilman Courtney offered Ordinance No. 1353 for Second Reading, noting the revision as to "Penalty" in Section 19 as recommended by the City Attorney: . ORDINANCE NO. 1353 AJS ORDINANCE LICENSING AND KEGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS'AND SALONS, MASSAGE PARLORS, SAUNA PAKLORS, AND ESCORT SERVICES; REGULATING AND LICENSING PERSONS WH.0 PERFOWNASSAGES AND ESCORT SERVICES; REPEALING ORDINANCE .. NO. 1352; AND IMPOSING A PENALTY THE ,CITY COUNCIL OF THE CITY OF EDINA,' MINNESOTA, ORDAINS: . Section 1. Definitions. For the purpose of this ordinance, the following terms shall have the following meanings unless the context clearly indicates otherwise, club , 'I "reducing club , li "reducing salon, " 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 consideratj-on 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. (b) "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 p!irposes utilizing stezm or hot air as a cleaning, relaxing or reducing agent . (c) paniment services to its customers for a fee or other valuable consideration. (d) ''Massage" means the rubbing, pressing, stroking, kneading, tapping, rolling, pounding, vibrating, or stlmulating the superficial parts of the human body with the hands or any instrument. ' 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 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.leve1 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 safety of the community. licenses which may be in force undek this ordinance at any one time shall not exceed four. ,a physical culture akd 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 (a) "Physical culture and health services,'' "physical culture and health .. "Escort service" means any business vJhich provides male or female accom- Sec. 2. Business License Required. (a) ' a number of forms contrary to the morals, health, safety and general welfare of FGrther, it is found that control of these abuses requires Therefore, the number of business (b) No person, corporation, partnership, or other organization shall operate 1/8/79 1 26 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 oE assignment for employees who perfonn 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 currently licensed under this ordinance. request of any police officer, his or her license while within the City. 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 shall 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: .4 The licensee shall carry, and display on I 1. Whether the applicant is a natural person, a corporation, a partner- 2. . 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 telephone number of the applicant. Whether 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 statanent as to the type and nature 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, Chaptez 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- c. - d. e. - I * tion. f. The kind, name and location of every business or occupation in' which the applicant has b'een engaged during the preceding five years. h. i. j. k. 3. If a. C. -- 4. If . a. b. 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 yeark. The applicant's educational qualifications, including originals or certified copies of degrees, diplomas or certificates, if any. 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 photograph of the applicant showing both front and side views. A statement of the training and experience possessed by the applicant related to the operation and affairs of the business to be licensed. The names and addresses of all partners and all information con- cerning each partner as is required of an individual applicant under paragraph (a)2 of this Section 4. The name(s> of the managing partner(s), and the interest of each partner in the business. A true copy of the partnership agreement under which the applicant exists shall be submitted with the application. If the partner- ship is required to file a certificate as to trade name under the provisions of Minnesota Statutes, Chapter 333, a certified copy of such certificate shall also be attached. The name of the applicant, and if incorporated, the state of A true Certifi'cate 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. the applicant is a partnership: the applicant is a corporation or other organization: .incorporation. I/ 8/ 79 P- h\ P- a a a 5. 6. 7. 8. 9. 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 -f a3.1 officers, directors and persons who control 9r own an interest in excess of five percent (5%) in such corpora- tion or organization, and all information concerning said persons as is required of an individual applicant under paragraph (a)2 of this Section 4. d. The location of the business premises. 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 1-icense, The names and addresses of those individuals to be licensed and employed by the applicant-and who may work within the City. 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 iE the applicant 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 investmenk' shall mean the amount of money that the applicant actually invests to acquire, refurbish, repair, remodel, or furnish the said premises, 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- - (b) Individual Licenses. All the information required under subparagraph 2 , G 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. 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 tt70 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 If the Any falsification of information on any license Sec. 6. License and Investigation Fees. (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. Sec. 7. Investigation. All applications shall be referred by the City Clerk to'the Police Dpeartment and to such other Clty departments as the City Manager shall deem necessary, for investigation of the character of the applicant and verificatton 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. Within 90 days after the date of .the application, the C2ty blanager or his deputy shall either approve or deny the appltcation and shall notify the City Clerk is writing of h-is decision. I€ the application Is approved, the City Clerk shall issue the license. application is denied, the City Clerk shall. furnish writeen 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 Sec. 8. Approval or Denial of Application. If the 1/8/79 (a) If an individual applicant 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 felmy, or have been convicted of any illegal conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation; (c) directors, shareholders or owners, if a corporation or associatian, 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 occupatron of massage or escort services, as defined by I-finnesota 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 Ninnesota; upon the premises described in the application; fail to comply with the requirements 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) If the individual applicant for a license to practice massage has not (i) had at least two years' actual training and experience in practicing massage, or (ii) received at least one year of training 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, (111) .. received at least one year of training in practicing massage from a school approved by the Hinnesota 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; - If the irrdividual applicant has not been a resident of Minnesota 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 in full of the same license fee as required for the original license. Such renewal application shall be forwarded 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. the license or, in case of denial', notify the applicant in writing of such denial setting forth the reason or reasons therefor. Sec. 10. Appeal to Council. Any applicant may appeal from denial of a license or renewal of a license by fi-ling a written notice of appeal to the City Council in the office of the City Clerk within 30 days after such denial. appeal 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 Council may 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. issued to the applicant only and shall not be transferable to another holder. Any change in the persons named as partners on the application, as required by Sec. 4(a)3.a., hereot, and any change in the persons who are named in the appli- cation as required by Sec. 4(a)4.d., shali be deemed a transfer for the purposes of this ordinance; provided, however, if. the licensee is a limited partnership, a change in the limited partners of less thzn 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. ordinance shall be effective for one year from the date of issuance. If the applicant, or any one or more of the principal officers, managers, (d) If the applicant, or any &e or more of the principal officers, managers, (e) (€1 (8) If the business to be licensed-is 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 my application 1 (i) Sec. 9 Renewal Applications. Not less than 40 nor more than 50 days prior to The City Clerk shall thereupon issue Such 1 Sec. 11. License Not Transferable; Duration.' Each license shall be All licenses issued.pursuanF to this 1/8/79 Sec. 12. Suspension or Rcvocation 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 upon violation o€ any other ordinance, statute or regulation affecting the activities covered by this ordinance. other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. 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 or 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 1O:OO Any. conv5ction for prostitution or any Except in the case of a suspension pending a 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 designat.ed 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 ldcation 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 duly licensed hereunder . within the City. for other than an escort service unless the premises to be used for such opera- tion shall comply with the following requirements: All rooms utilizing steam or hot air as a cleaning, relaxing or 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 318 inch. 2 cfm per square foot area, a minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels with dispensers and soap with dispensers. cleaning supplies with a mop'sink, mechanical ventilation with 2 cfm pex square foot area and a minimum of. 15 foot candles of- illumination, have separate keys €or locking. 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) Sec. 15, Construction Requirements. No business license shall be issued No person shall solicit massage or escort services in any public place (a) (b) All public restrooms shall be provided with mechanical ventilation with Cc) Each such, operation shall have a janitor?s c1,oset for the stox;a,ge (d) Individual lockers shall be provided for use by customers and shall Sec. 16. Maintenance; Sanitary Conditions; Communicable Disease. (a) All businesses licensed hereunder shall at all times be kept in a clean and sanitary condition. 1/8/73 30 (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 sar,itary. €or use by another until thoroughly laundered, before each massage. eqloyed in a licensed business. to the knowledge of the owner, custodian, or employees of a licensed business shall be accommodated as a patron therein. 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 beauti€ica+ tion only shall not be subject to the provisions of this ordinance. misdemeanor, and any penalty imposed shall have costs of prosecution added. penalty may be imposed in addition to revocation or suspension of a.license. Ordinance 1352 is hereby repealed in its entirety. (c) (d) (e) No towels and linens fwnished for use by one patrop shall be furnished All individuals who practice massage shail wash their hands thoroughly'. No person suffering from a communicable disease shall work or be No person suffering from a communicable disease See. 17. Inspection. Each business required to be licensed hereunder shall Sec. 19. Penalty. Any person violating this ordinance shall be guilty of a Such Sec. 20. Sec. 21. Repealer. This ordinance shall be in full force and effect imediately upon its passage and publication. Motion €or adoption of the ordinance was seconded by Councilworan Schmidt. Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Van Va Nays: None Ordinance adopted. ATTEST: 4-, 3LU B. City Clerk HANSEN PROPERTY PETITION TO BE FILED. As recommended by the Mayor, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that, even though negotiations may still be continuing, the City Attorney be and is hereby directed to file, no later than January 12, 1979, a petition in eminent domain to acquire the property of Carl M. Hansen, as described in and authorized by the Council Resolution adopted on September 5, 1978. Motion €or adoption of the resolution was seconded by Councilman Courtney. RESOLUTION Rollcall : Ayes: Nays: None Resolution adopted. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg CITY l.IP;NAGER'S VACATION NOTED. &ir. Rosland advised Council that he will be on vacation between January 26 and February 4, 1979. AIRPORT TRANSPORTATION SERVICE APPROVED. to a letter from Mr. Robert Bjoraker, Jr., 4504 GilEord Dr., requesting Council support of a bus ,service which will provide a traveler service using highway mozor coaches having baggage bays and air conditioning on a regdar route basis between hotels and the airport. He explained that initially two routes would be provided on a-half hour schedule - the first between the 494 stadium area hotels . and the airport, and the second between 494 - Normandale hotels and the airport. The proposal would also include separate routes for conventions, sports areas and shopping centers. Nr. Bjoraker pointed out 'that the service would reduce congestion at the airport, provide better equipment to handle travelers and bag- gage, provide more economical use of energy and labor, provide capacity to handle the larger dzmands of passengers from DC-10 and 747 aircraft and provide special. routes for sports and convention eyents. In response to a question of Councilman Richards, Mr. Bjoraker explained that the State of Minnesora offers financing to development-stage companies thru the Economic Dcvelopment AdminFstration under the Business Developinent Assistance Program which requires that the local governmental unit Idhere the business is to operate support the proposed development of the busi- ness, and that there is no financial responsibility or liability to the City associ- ated with a resolution of support.. with the concept, he did not belieye that the'City should be involved in the No action was taken. Nr. Rosland called Council's attention I .- Councilrnan Richards said that, while he agreed .. 31 the eslicnditure of tax dollars that would ultiinately compete with privage enter- prise. request of Mr. ]3joraker, stating that the airport needs all oE the transporta- tion available. Councilman Courtney then offered the following resolution and movctl its adoprion: RE IT RESOLVED that the kdina City Council approve the proposed Airport Trans- portation Service as proposed by Mr. Robert Bjoraker, Jr., in his letter of Janu- ary 4, 1979. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nay6 :: Richards Resolution adopted. ’ Mr. Rick Davies, 5412 Malibu Drive, urged the Council to approve the . RESOLUTION EDINA SUN DESIGNATED OFFICIAL PUBLICATION FOR 1979. .Councilwoman Schmidt offered the following resolution and moved its adoptioh: RESOLUTION BE IT RESOLVED by the Edina City Council that the Edina,Sun be designated as the official publication for the City of Edina for the year 1979. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. DEPOSITORIES DESIGNATED FOR 1979. resolution and moved its adoption: Councilwoman’ Schmidt offered the following - RES~LUTION DESIGNATING DEPOSITORIES BE IT RESOLVED that the First Edina National Bank, Edina, Minnesota, First South- dale National Bank, Edina, Minnesota, Americana State Bank of Edina, Edina, Minne- sota, Southwest Fidelity State Bank, Edina, Minnesota, and First National Bank of Minneapolis, Minneapolis, Minnesota, authorized to do banking business in Minnesota, be and hereby are designated as Official Depositories for the Public Funds of the City of Edina, County of Hennepin, Minnesota, until January 1, 1980. Motion for adoption of the resolution was seconded’by Councilman Richards. Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. FACSIMILE SIGNATURES BY PUBLIC OFFICIALS AUTHORIZED. Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS RESOLVED, that the use of facsimile signatures by the following named persons: JbES VA3 VALKENBURG - MAYOR KENNETH E. ROSLAND - CITY MAXAGER J. N. DALEN - CITY TREASURER on checks, drafts, warrants, warrant-checks, vouchers or other orders on public funds deposited in First Edina National Bank, First Southdale National Bank, Americana State Bank of Edina,-Southwest Fidelity State Bank and First National Bank of Minneapolis, be and hereby is approved, and that each of said named persons may authorize said depository bank to honor any such instrument bearing his fac- simile signature in such form as he may designate and to charge the same to his manually written signature, and that instruments so honored shall be wholly perative and binding in favor of said depository bank although such facsimile sigfiature shall have bcen.affixed without his authority. Motion tor adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes: Nays: None Bredesen, Cdurtney, Richards, Schmidt, Van Valkenburg .Resolution adopted . . SIGNATORY RESOLUTION ADOPTED FOR 1979. resolution and moved its adoption: BE IT RESOLVED that the persons’holding office as Mayor, Manager and Treasurer of the City of Edina be, and they hereby are, authorized to act for this municipal- ity in the transaction of any banking business with First Edina National Bank, First Southdale National Bank, Americana State Bank, Southwest State Bank and First National Bank of Minneapolis (hereinafter referred to as the banks) from time to time and until written notice to any bank to the contrary, to.sign checks against said accounts, which checks will he signed by the Mayor and Manager and Each bank is hereby authorized and directed to honor and pay any Councilwoman Schmidt offered the following SIGNATORY RESOLUTION ’ City Treasurer. 1/8/79 .. -_ checks against such account which is signed as above described, whether or not said check iis payable to the order of, or deposited to the credit of, any officer or officers of th'e City, including the stgner or signers of the check. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes: Nays: None Resolution adopted. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg c2 TECHNICAL ASSISTANCE RESOLUTION ADOPTED. Councilwoman Schmidt offered the fol- lowing resolution and moved its adoption: RES OLUT ION BE 12 RESOLVED, that pursuant to Section 161.39, Subdivision 1 through 6, Minne- sota Statutes,-l978, tlie Municipal Engineer for and on behalf of the City of Edina is hereby authorized to request and obtain from the Ninnesota Department of Transportation, needed engineering and technical services for which payment will be made by the Nunicipality upon receipt of verified claims from the Com- missioner of Transportation. scinded by either party. Motion for adoption of the resolution was seconded by Councilman Richards. This authority is to remain effective until re- Rollcall : Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. AGENCY AGREENENT AUTHORIZED. tion and moved its adoption: BE IT RESOLVED that pursuant to Section 161.36, Subdivision 1 through 6, Minne- sota Statutes, 1978, the Commissioner of Transportation be appointed as agent of the City of Edina to let as its agent, contracts for the construction of portions of Municipal Streets, and the Mayor and Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such. contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement Form No. 30774" a copy of which said form was before the CounGil, assuming on behalf of the City all of the obligations therein contained. Motion for adoption of the resolution was seconded by Councilman Richards. . Councilwoman Schmidt offered the following resolu- RESOLUTION Rollcall: Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Bays: None . Resolution adopted. DESTRUCTION OF RECORDS RESOLUTION ADOPTED. lowing resolution and moved its adoption: wI.IEREAS, 3f.S.A. 203.93 authorizes the destruction of election records, except the abstract of the canvassing board, which are more than one year old; and WHEREAS, M.S.A. 412.841 authorizes the destruction of claims and vouchers paid more than ten years ago, receipts, correcpondence and miscellaneous papers.bear- ing dates at least 10 years old, orders paid more than ten years ago, unused bonds, bond coupons, warrents, etc.; temporary bonds, coupons, warrants, etc., one year after replacement; and bonds, bond coupons, warrants, etc., paid or canceled more than 50 years ago; and SJHEREAS, M.S.A. 465.63 authorizes the destruction of contracts for purchase of supplies and payroll records at least seven years old; and IJHEREAS, M.S.A. 299F.04 requires that fire investigation reports must be furnished to the-State Fire Marshal within one week after the fire, which reports must be retained by the State Fire Marshall; and TJJ3EREAS, the U.B.C. 302(b) specifies that the Building Official must retain one set of all approved plans and specifications for a period of not less than 90 days from the date of completion of the work covered therein; and WHEREAS, a list of records has been presented to the Council with a request in writing that the destruction be approved by the Council; and WHEREAS, the City Attorney has approved tlie destruction of such records in writ- . ing; -- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minne- sota, that the Finance 'Director is hereby authorized and directed to destroy the following classes of records described in the list submitted to the Council: Councilwoman "Schmidt offered the fol- RESOLUTION AUTHORIZING DESTRUCTION OF RECORDS . a. All orders, vouchers and checks - Dated January 1, 1963 thru December 31, 1968 All. receipts and correspondence - Dated January 1, 1968 thru December 31, 1968 b. c. All election records - Dated January 1, 1968 thru December 31, 1968 1/8/79 d. All business and profess ember 31, 1968 jnal licenses - Datel January 1, 19 3.3 ' 3 thvu Dec- e. f. Fire and Medical Call Reports - Dated January 1, 1968 thru December 31, 196 8 Police Records - Dated previous to case files (except murder) , radio logs , initial complaint reports and bail release forms All Court records - dated previous to December 31, 1968. December 31, 1968, iiicludi.ng all g. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. YEAR 111 COMMUNITY DEVELOPMENT FUNDS APPLICATION AMENDNENT REQUESTED. MY. Hughes recalledathat the Year I11 Cornunity Development Block Grant budget includes $30,000 earmarked for the purchase of a portion of the Red Barn site, but that, due to complexities of Federal regulations concerning land acquisition, it was . decided to use H.R.A. funds for the Red Barn purchase and reserve the Community Development Block Grant funds €or construction activities at 50th and France. He requested payment of the $30,000 at this time to offset 50th and-France construc- tion activities undertaken in the summer of 1978. As recommended by Mr. Hughes, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council requests that th2 Year I11 Cornunity Devel-opinent Block Grant Application be amended to re-program $30,000 from the Restoration and Rehabilitation of 50th and France Commercial Area off-street park- ing facilicy acquisition project to the Restoration and Rehabilitation of 50th and France Commercial Area reconstruction project. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. RESOLUTION Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. LIQUOR FUND as of November 30, 1978, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Richards, seconded by Councilman Bredes en. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. for payment of the following claims per Pre-List: Fund, $16,631.84; Art Center, $556.07; Park Construction, $1,405.22; Swimming Pool, $990.00; Golf Course, $465.48; Arena, $4,478.26; Water Works, $2,868.25; Sewer Rental, $749.64; Liquor Fund, $646.69; Construction Fund, $300.00; Total, . $75,016.43. Motion of Councilman Courtney was seconded by Councilwoman Schmidt General Fund, $45,924.98, Park Ayes: Rredesen, Courtney, Richards, Schmidt , Van Valkenburg Nays: None Motion carried. Council's agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilwoman Schmidt and carried. Adjournment at 9:07 p.m.'