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HomeMy WebLinkAbout1979/02/05 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA February 5 , 1979 ; 6 : 30 p . m . 1 . Call to Order A special meeting of the City Council was called to order by Mayor Stern at 6 : 31 p . m . 2 . Roll Call The following Councilmen were present at roll call : Ronald Backes Martha Elstrom Lyle Hanks Jerrold Martin Keith Meland John Ralles Irving Stern Also present were the City Manager and City Attorney . PUBLIC HEARING 3 . Body Shoppe Andereck and Johnson Investment Corp . dba Sauna License Body Shoppe Sauna , 4414 Excelsior Boulevard . Renewal Mayor Stern explained the purpose of the public hearing as contained in the City ' s Ordinance Code . Sandy Johnson , 152 East Ridgeview Lane , Wayzata , explained her attorney was out of town . She stated Eileen Sparber who pled guilty and was convicted of common prostitution in May , 1978 , claims she is innocent and plans to reopen the case . She continued that Ms . Sparber did not have funds for an attorney in May , 1978 . Councilman Martin noted that persons not having funds for an attorney have access to a public defender , legal aid , etc . He wondered why , after pleading guilty , she would wish to reopen the case . Councilman Meland noted the denial of the license and public hearing are due to the prostitution conviction of an employee of the sauna , and whatever future action taken by that person has no bearing on the hearing . Ms . Johnson explained Ms . Sparber ' s attorney advised her to plead guilty to the charges because she could not afford the fees to continue returning to court . City Council minutes , February 5 , 1979 Mayor Stern notedlicen the employee was convicted and the City se Manener , as denied authorized in the City ' s Ordinance Code , has he asked Ms . Johnson to state reasons she felt the Council should not sustain staff ' s recommendation . arber is innocent and noted Ms . Johnson said it was her hepestablishment had not problems of that that prior to her arrest , t nature . Responding to Councilman Meland , Ms . Johnson stated she has owned and P g managed the establishment for six years , although a male manager was responsible for hiring and discharging personnel on several occasions during that period . She continued she was not managing the sauna when the violation occurred , and Ms . Sparber was dismissed by the male manager after the violation ; however , Ms . Johnson stated she was present shortly after the arrest and before Ms . Sparber was taken to the Police station . She said it is her responsibility to establish wages and hours and to assure that personnel are appropriately trained for their duties . She said she currently has six or eight employees working three separate shifts of approximately five hours each , between 10 a . m . and 3 a . m . each day ; the combined services of sauna , massage and shower are available for a fee of $ 15 per hour . She continued from five to 15 customers visit the sauna per day . Councilman Meland noted an average of ten customers would provide a gross sales of $ 150 per day . Responding to Councilman Meland , Ms . Johnson explained employees receive a commission of $ 2 per massage . She added 0 that many of the employees are also employed as waitresses and dancers . Councilman Meland noted that six to eight employees were dividing approximately $ 20 for a 15-hour day . Responding to Councilman Meland , Ms . Johnson said the corporation has been in existence for six years and that she is the sole officer . She said there is a one-year lease on the property which expires in April , 1979 . Councilman Meland said the arrest occurred because of actions conducted at the sauna , and there is a concern that saunas provide opportunities to contact prostitutes . In response to Councilman Meland , Ms . Johnson explained both men and women are customers at the sauna . The majority of the customers visit the sauna for the three services previously discussed ; some do not . She said some of the employees have been assaulted by customers visiting the sauna for other reasons . She added that none of the employees have been assaulted in the past year . She said the Police Department was not notified at the time of these instances . Councilman Meland said the Police Department should have been notified . He then referred to the newspaper , Metropolitan Forumdated August 28 to September 4 , 1978 , which contains an adult entertainment directory listing the Body Shoppe and Kimiko ' s Sauna for St . Louis Park . He suggested a reader might reasonably expect to obtain the services of a prostitute or sexual services at either of these establishments and the other businesses listed . He continued the Council would be naive in believing the sauna was listed in the publication without the knowledge of the owner . City Council minutes , February 5 , 1979 Ms . Johnson explained the publication advertises without the knowledge of the owner ; the paper then contacts those listed in the directory to sell advertising . She said she did not have the funds to advertise . In response to Councilman Hanks , Ms . Johnson said the annual license fee for the establishment is $ 650 , the rent is $ 500 per month and the average per- day gross is $ 150 . The City Attorney explained the concern of the Council is with the issuance of the license , and the actual proceedings in the Hennepin County Court would not govern the action of the Council . He said any proceedings following the plea of guilty would not be controling upon the Council , and the question is whether or not the offense occurred according to the facts provided to the Council . Ms . Johnson stated that the business manager had been investigated by Officer Kramer of the St . Louis Park Police Department . The City Manager explained that to his knowledge , he was not informed of a change in businessmanager as required in the City ' s Ordinance Code . Councilman Meland explained the City ' s licensing policy and asked how the community might benefit from the business . Ms . Johnson said the services are healthful ; the majority of the employees are chiropractically trained . She added the employee ' s apparel consists of street clothes , slacks or dresses . There being no one further wishing to speak , the Mayor declared the hearing closed . It was moved by Councilman Meland , seconded by Councilman Backes , that the Council consider action on the matter . The motion passed 7 - 0 . • It was moved by Councilman Meland , seconded by Councilman Ralles , to sustain the action of the City Manager on January 3 , 1979 , as authorized in Section 13 - 1145 of the St . Louis Park Ordinance Code . The motion passed 7 - 0 . 4 . Adjournment The eeting was adjourned at 7 : 01 p . m . , by a vole of 7 - 0 . Dui Irvin ;; M . Stern Mayor ' Attest : Beverly Fl nagan Recording Secretary