HomeMy WebLinkAboutPCAgenda_93Sep27PLANNING COMMISSION AGENDA
September 27, 1993
7:30 p.m.
ROLL CALL: Kay Andrews _ Tom Brace _ Lee Barry _
Len Boche _ Paul Kuettel _ Lisa Lampi _
Ken Salzberg
1. Call to Order
2. Approval of Minutes
August 23, 1993
3. City Council Minutes
September 15, 1993
4. Discussion on Uses Still Under the Commercial District Moratorium
5. Proposed Addition of Precious Metal Dealers as a Permitted Use in B-3
Zone with Licensing Requirements
6. Announcements/Information
7. Adjourn
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MINUTES
REGULAR PLANNING COMMISSION MEETING
AUGUST 23, 1993
PRESENT: ABSENT: ALSO PRESENT:
Tom Brace Kay Andrews Susan Hoyt, Administrator
Lee Barry Lee Barry Paul Ciernia, Council Liaison
Paul Kuettel Lisa Lampi
Ken Salzberg
Meeting was called to order at 7:30 by Lee Barry, Chair.
Minutes of the July 26 meeting were approved as written.
Welcome was extended to the new planning commissioner, Tom Brace.
REQUEST FOR A VARIANCE OF TWO FEET IN THE REQUIRED FIVE FOOT
SIDEYARD SETBACK FOR 1817 SIMPSON STREET IN AN R-1 ZONE, CHPT 9,
§2.04 SUBD. 1(d) OF THE ZONING CODE.
Margaret Sampson, property owner, was represented by her daughter
who said her mother, Mrs. Sampson, would like to replace her
existing 12' X 20' single car garage with a new 24' by 24'
garage. The present garage which is approximately 50 years old
and beginning to tilt is 3' from the north side property line and
34' from the rear property line. She said Mrs. Sampson would
. like to construct a new double garage 3' from the north side
property line and 12' from the rear property line in order to
provide adequate access in and out of the new garage. None of
the neighbors have objected.
After a brief discussion, Kuettel moved to grant the variance for
the construction of a new double garage for the following
reasons:
• the amendment to the variance will not substantially
diminish or impair property values or improvements in the area;
• the amendment to the variance is necessary for the
preservation and enjoyment of substantial property rights;
• the amended variance will not impair an adequate supply of
light and air to adjacent property;
• the amended variance will not impair the orderly use of
the public streets; and
• the amended variance will not increase the danger of fire
or endanger the public safety.
Seconded by Salzberg and unanimously approved.
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CONSIDERATION OF THE ADOPTION OF THE UNIFORM HOUSING CODE WITH
• SOME REVISIONS.
Hoyt reported that two years ago a recommendation was made to the
planning commission and to the city council that the city adopt a
housing code that could be used when the health and safety of
residents is threatened by the condition of a dwelling unit. She
said it is easier for Ramsey County health officials to enforce
health standards when a housing code is in place. After some
research, she said staff would recommend adopting a uniform
housing code now to have in place if this type of situation
should arise. A program could be considered for issuing a
"certificate of occupancy" for apartment buildings in the future.
The city could also consider a "truth-in-housing" program.
A copy of an ordinance amending the city code relating to the
adoption of the uniform housing code with proposed amendments was
handed out. A discussion by the commissioners followed regarding
the adoption of the Uniform Housing Code. Commissioner Salzberg
mentioned that some communities require a truth-in-housing
.inspection when a house is sold so if it was substandard it would
have to be brought up to code before it could be sold.
Commissioner Kuettel suggested that perhaps it would be a good
idea to check other communities to find out if they have housing
codes and if they worked. Hoyt said this was being done. After
more discussion, the commissioners recommended that a date be set
• for a public hearing on the proposed adoption of the uniform
housing code possibly in October.
DISCUSSION OF PROPOSED CHANGES IN THE HOME OCCUPATION
REQUIREMENTS ~9-14.02 SUBD. 25.
Because there has been an increase in home occupation requests,
the planning firm of Dahlgren, Shardlow and Uban was asked to
review the city's home occupation code to see if it met the
city's needs.
The commission discussed Dahlgren, Shardlow & Uban's
recommendation that "normal residential traffic should be
maintained" as stated in our current home occupation ordinance
should be amended to specify a particular number of trips per
day. Perhaps 4 - 6 depending upon the type of business.
Dahlgren, Shardlow & Uban also recommended specifically listing
permitted or non-permitted uses as home occupations. This is not
done in the current code which allows any use that does not
disrupt the character of the neighborhood. Currently, a home
occupation that does not meet the requirements of the code may
apply for a conditional use permit. Hoyt recommended this
procedure be replaced with the variance procedure. A variance
procedure would require the applicant to demonstrate hardship due
to the requirements of the code. If a hardship is truly
• demonstrated it can be approved; if not, it can be denied.
Another item to be considered may be limiting the percentage of
floor area to be used. The commission discussed whether 25% of
floor area is reasonable and enforceable. (The complete letter
listing all recommendations from Dahlgren, Shardlow & Uban is on
file. )
Hoyt agreed to put together a proposal for the discussed changes
in the home occupation requirements and bring back to the
September meeting.
1994 CAPITAL. IMPROVEMENT PROGRAM
After reviewing the 1994 draft capital improvement program,
Commissioner Salzberg moved to approve the CIP noting that the
planning commission has reviewed it_and it conforms to the city
comprehensive plan. Seconded by Commissioner Brace and
unanimously approved.
UPDATE ON THE COMMERCIAL ZONING MORATORIUM
Hoyt briefly updated the commission on progress of the
moratorium.
Meeting adjourned at 8:40.
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Dee Swenson, Secretary
Susan Hoyt, Administrator/Planner
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MINUTES _ ` , r' E
SPECIAL CITY COUNCIL MEETING
SEPTEMBER 15, 1993
Baldwin convened the meeting at 7:00 p.m.
PRESENT
Baldwin, Ciernia, Gehrz, and Gibson Talbot. Also present were
Chenoweth and Hoyt.
ABSENT
Jacobs.
MINUTES OF 9/8/93 APPROVED
Council approved the Minutes of September 8, 1993 by unanimous
consent.
ADDENDUM TO CONSENT AGENDA
Council approved the addition of Item C-5, Authorization to
purchase entrance signs for Community Park at a cost of $2,400.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous
consent:
1. Approval of city administrator's annual salary
adjustment
2. Cancellation of the September 22, 1993 regular council
meeting
3. Authorizing payment No. 2 to Frattalone Construction
for the 1993 Improvement Project ($220,615.41)
4. Approving additional fee for city building official for
Falcon Heights Elementary School construction project
5. Authorization to purchase two entrance signs for
Community Park from C. F. Anderson at a cost of .$2,400
CITY TO ISSUE REQUESTS FOR PROPOSALS FOR POLICE SERVICE FOR-1995
Baldwin explained that the present police contract with Roseville
stipulates certain conditions upon which the contract could be
terminated including the opportunity to terminate after 5 years
of service. He noted that past city policy has been to
periodically request proposals for ail contract services to
ensure the best possible service for the money and since the
police contract is in its fourth year it would be in keeping with
city policy to discuss the matter at this time.
Hoyt reviewed the policing service commenting on the good
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MINUTES
SEPTEMBER 15, 1993
PAGE 2
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service, responsiveness, implementation of a very successful
Neighborhood Watch program, good response time, etc. She
explained that in the past the city has requested proposals for
police service to guarantee that the service meets the
community's needs and ability to pay, and since the current
contract gives either city the opportunity to terminate the
contract after the fifth year of service (January, 1995), it
seems timely to discuss issuance of an RFP at this time..
Stressing that the preparation and issuance of requests for
proposals is a complex and time consuming project, Hoyt offered a
proposed list of steps and a time-line for consideration should
council determine it prudent to request proposals.
Baldwin read a letter from absent councilmember Jacobs giving his
full support in requesting new proposals to ensure that the
city's changing needs are met and that the service is
competitively priced.
A discussion ensued regarding the city council's duty of
periodically reviewing services, the importance of meeting
changing needs of the community, an opportunity to perhaps
approach services in a different way, the importance of ensuring
the best service at an affordable price, and that it now seems to
be the appropriate time to consider terminating the present
contract as provided in the contract.
All members present indicated their support of issuing requests
for proposals for policing service for the year 1995.
Baldwin commented on the good service provided by the Roseville
Police citing the low crime rate in Falcon Heights, one of the
lowest in the metro area, the successful implementation of the
Neighborhood Watch program, and quick response time for
emergencies. All members commented on the good service provided
by the Roseville Police.
Following-the discussion Gibson Talbot moved that the city
administrator be authorized to prepare requests for proposals for
police service and alternative mechanisms for the council to
receive citizen comment on public safety, to send the city
manager of Roseville a preliminary notice of termination as
stated in Section XI of the police contract, and to invite the
Roseville police department to assist in preparing the RFP and to
submit a new proposal for police service to Falcon Heights in
response to the RFP. Motion carried unanimously.
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MINUTES
SEPTEMBER 14, 1993
PAGE 3
CITY OFFERS EARLY RETIREMENT OPTION TO ELIGIBLE EMPLOYEES UNDER
MINNESOTA STATE LAW
Hoyt briefly reviewed the early retirement options the city has
the right to offer to city employees and recommended that council
consider offering Option 1 which provides an increase in the
pension formula at no cost to either the city or the employee.
She explained that only one employee, the city clerk, qualifies
for, and is interested in the program. Following a brief
disucssion Gehrz moved that Option 1 of the early retirement
program be offered to qualified employees. Motion carried
unanimously.
PROPOSED RESOLUTION AFFIRMING THE CITY CLERK POSITION AFTER
RETIREMENT OF PRESENT CLERK
Hoyt explained that due to state law governing the early
retirement options, and the council offering Option 1 to the city
clerk, the city council is required to adopt a resolution
maintaining the position after her departure. The proposed
resolution certifies that maintaining the city clerk's position
is critical. Ciernia moved adoption of R-93-34 which carried
unanimously.
. RESOLUTION R-93-34
A RESOLUTION MAINTAINING CITY CLERK POSITION
ADJOURNMENT
The meeting was adjourned at 7:42 p.m.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
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Planning Commission
Agenda Item: 4
9/27/93
Item: Discussion on uses still under the commercial district moratorium
Submitted by: Susan Hoyt, Administrator
Paul Colton, Intern
Explanation/Description:
At the September 27 planning commission meeting, the commission will
discuss how to handle the uses still under the city's commercial moratorium.
The uses include:
• adult uses
• therapeutic massage
• precious metal dealers
• pawn shops
• stores selling ammunition or firearms
• check cashing facilities
• secondhand stores
• pool halls and video game establishments.
• Cities handle these uses in several ways. The attached material outlines
how some cities handle these uses through licensing and zoning
requirements. They do not totally prohibit these uses. However, the city
attorney advises that in some circumstances, it may be possible to prohibit a
particular use in Falcon Heights, if a specific use may create secondary
impacts that would be detrimental to the city's residential districts that are
adjacent to the commercial area. (The city attorney advises that state
statute strictly limits local control over stores dealing in ammunition and
firearms.)
Please be thinking about what types of restrictions and/or locations and
conditions seem appropriate for the uses listed above for the discussion on
Monday night.
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Attachmen"ts:
A. Zoning and Licensing Requirements of Selected Metro Cities
B. How These Business Activities Coincide With the City's Comprehensive
Plan
C. Articles on Gun Shops/Pawnshops
D. State Statute Regarding Local Control of Firearms
E. Current Businesses Properties in the Larpenteur/Snelling Business Core
and Their Distances from Residential Areas
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Zoning and Licensing Requirements of Selected Metro Cities fox,;the
following uses: Precious Metal Dealers, Pawn Shops and Secondhand
Stores, Gun Shops, Adult Uses, Massage Parlors, Pool Halls ,Video
Arcades and Home Occupations.
Precious Metal Dealers*, Pawn Shops and Secondhand Stores
Definitions:
Precious Metal Dealer: Any person engaging in the business of buying
secondhand items containing precious metal (gold, silver, platinum); including, but
not limited to, jewelry, watches, eating utensils, candlesticks and religious and
decorative objects.
Defined by: Cities of Minneapolis and St. Louis Park.
Pa~n~n Broker: A person who loans money on deposit or pledge of personal
property, or other valuable thing, or who deals in the purchasing of personal
property or other valuable thing on condition of selling the same back again at a
stipulated price, or who loans money secured by chattel mortgage on personal
property, taking possession of the property or any part thereof so mortgaged.
Defined by: Cities of Minneapolis, Bloornington, Apple Valley, and St. Louis Park.
Secondhand Goods Dealer: Any person, partnership, firm or corporation
• whose regular business includes selling or receiving any tangible personal
properties, excluding motor vehicles, previously used, rented or leased. The term
secondhand goods dealer shall include pawnbrokers.
Defined by: City of Minneapolis
* Special Note: Precious IVletal Shops are lr~ensed by the County according to State
Code 325F.731-744.
According to Code 325F.742 Government Subdivisions;
Government Subdivisions have the right to regulate or license precious metal
dealers within its jurisdiction in a manner more restrictive than laws 1981, chapter
333 section 1-17; provided, that transactions described in section 325F.732
subdivision 2, shall not be regulated in a manner inconsistent vrith la`vs 1981,
Chapter 333 Section 1-17.
Examples From the Metro Area:
City of Bloomington:
(Precious 1~letal Dealer)
Application Fee: $1,545
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Investigation Fee: $1,500........ If the investigation and verification process is
conducted solely within the state of Minnesota, the fee shall be $500 ,with the
remainder of the investigation fee ($1,000) returned to the applicant. If
investigation and verification is conducted outside the State of Minnesota, the
issuing authority may recover the actual investigation costs not exceeding $1,500.
Hours of Operation: No Precious Metal Dealer or Pawn Shop shall keep the
precious metal dealer or pawn shop dealer business open for the transaction of
business on any day of the week before 7:00 a.m. or after 10:00 p.m.
Zoning Conditions: Precious Metal Dealers and pawn shops are permitted in
B-3 zone (General Business District).
City of Richfield:
License Fee: $1,750 (Pawn Shops)
License Fee: $ 300 (Secondhand Stores).
Investigation Fee: $1,200........ If the investigation process goes smoothly, $900
is refunded to the applicant.
Limitations: Limits the number of pawn shops to 3 establishments within
the city.
City of St. Louis Park:
License Fee: $250 (Pawnbrokers)
Note: The city limits the number of licenses permitted to 3 per year.
City of Minneapolis:
(Secondhand Dealers)
License Fee: $125
Additional Fee: $309....... for a secondhand store location where more than
one secondhand goods dealer is engaged in business.
Initial Fee: $ 59......... for the initial application for a license; and upon
application for a license after failing to renew the license `vithin one year of the
expiration date of the previously held license.
Bond Required: $5,000
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(Precious Metal Dealers)
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License Fee: $309
Initial Fee: $ 59......... for the initial application for a license; and upon
application for a license after failing to renew the license within one year of the
expiration date of the previously held license.
Bond Required: $5,000
Zoning Conditions: Permitted in B-3S zone (general business zone) under the
following conditions: Pawnshops and Eleemosynaries (a secondhand thrift store
supported by charitable contributions) are permitted provided no other elemosynary
secondhand store, secondhand store, rummage shop, or pawn shop is located within
1,000 feet measured in a straight line from the respective closest property lines.
This condition also applies to secondhand stores and rummage shops, but does not
include antique stores.
Gun Shops are treated as a regular commercial business ~~ithout zoning or
licensing qualifications.
City of Apple Valley
(Pawn Brokers)
• Annual License Fee: $8,400
Investigation Fee: $1,500........ If the investigation process is conducted
solely within the 7-county Metro area the fee shall. be $500 and the remaining fee
($1,000) returned to the applicant.
Amendment to License: $ 75
Bond Requirement: $10,000
(Precious Metal Shops)
Annual License Fee 1: $160........ (Fe~n~er than 500 transactions per year)
Annual License Fee 2: $420........ (More than 500 transactions per year)
Amendment to License: $ 75
Bond Requirement: $10,000
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Zoning .Conditions: Pawn Shops, Secondhand stores, Precius Metal Dealers and
Gun Shops are all permitted uses within the general business district.
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City of Golden Valley
(Pawn Broker /Precious Metal Dealer}
Annual License Fee: $12,000
Deposit for Investigation: $1,500........ If the investigation and
verification process is conducted solely writhin the .State of Minnesota, the fee shall
be $500, and the remainder of the deposit shall be returned to the applicant.
Bond Requirement: $5,000
(Precious Metal Dealer only)
Annual License Fee: $400
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Zoning Conditions: Pawn Shops, Secondhand stores, Precious Metal Dealers and
Gun Retailers are all permitted uses within the general business district.
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Adult Uses
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Definitions:
For Adult Uses, there are numerous activities that are defined. The following
definitions for adult use activities and related activities might include: adults-only
bookstore, adults-only motion picture theater, massage parlor, nudity, rap parlor,
sauna, sexual conduct, sexual excitement, sadomasochistic abuse, and adult
entertainment center. These definition topics are provided by the city of
Minneapolis. Complete definitions for the preceeding adult use activities can be
made available upon request.
Examples from the Metro Area
City of Minneapolis
Zoning Category: Adults-only bookstores, adults-only entertainment center,
and aduts-only motion picute theaters may be located only ~~ithin the B4 Central
Business District. The B4 district is the downtown distict and is designed to
accomodate central retail office and wholesale activities of citywide and regional
significance. Currently there are t~t~o adult zones within the B4 district.
Conditions: It requires that adults-only entertainment (as listed above)
not be located ~~~ithin 1,000 feet of any residential district and .within 500 feet of a
church, a state licensed day care facility, established prior to November 1, 1986,
public library and education facilities which serve persons age 17 or younger, an
elementary school or a high school.
City of Bloomington
Application Fee: $1,545
Inestigation Fee: $ 500 Nonrefundable, covers the cost of investigation.
Zoning Category: All Industrial Districts. (subject to anti-blight regulations).
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Conditions: No sexually oriented business shall be located closer than
500 feet from any of the following residential use districts: Single-Family
Residential, 1vlultiple-Family Residential, Apartment Park, and Large Lot Single-
Family District.
Ciry of St. Anthony
Permitted Conditional Uses: Adult uses are not allowed .within 200 feet of a
residential district.
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City of Ramsey
Zoning Category: B-1 Business District -Adult uses-accessory; B-3 Highway
Business District - Adult uses-principal and adult uses-accessory; B-W
Business/ Warehousing District -Adult Uses Principal and Accessory.
Adult Uses - Accesso~n~: A use, business, or establishment having more than
10% of its stock in trade or floor area allocated to, or more than 20% of its gross
receipts derived from, any adult use.
Conditions: Adult Use Accessory shall:
1. Comprise no more than 10% of the floor area of the
establishment in which it is located.
2. Comprise no more than 20% of the gross receipts of the entire
business operation.
3. Not involve or include any activity exept the sale or rental of
merchandise.
Adult Uses -Principal: A use, business, or establishment having more than
10% of its stock in trade or floor area allocated to, or' tnor•e than 20% or less of its
gross receipts derived from, any adult use.
Conditions: Adult use-principal shall be located at least 1,000 radial feet, as
• measured in a straight line from the closest point of the property line of the building
upon which the adult use-principal is located to the property line of:
1. Residentially zoned property,
2. A licensed day care center,
3. A public or private educational facility classified as an elemetary,
junior high or senior high,
4. A public library,
5. A public park,
6. Another Adult Use -principal,
7. An on-sale liquor establishment, or
8. Any church or church related orgnization.
Adult use-principal shall be limited to 7:00 a.m. to 12:00 p.m. for its hours of
operation.
General Provisions: Adult Uses shall be subject to the following general
provisions:
1. Activities classified as obscene are not permitted and are prohibited.
2. Adult uses, either principal or accessory, shall be prohibited from
locating in any building which is also utilized for residential purposes.
3. Adult uses, either principal or accessory, shall be probibited from
locating in any place which is also used to dispense or consume alcoholic beverages.
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Secondary Impact Study: Yes, Available upon request.
Noted in the Secondary Impact Study:
Adult uses may produce a secondary impact or affect which is judged as negative to
the health, safety, and general zuelfar-e of the cornrnunity and as a result, these
secondary impacts or affects can be controlled.
A community due to the secondary impact of adult uses can regulate such activities
and restrict their proximity to sensitive activity sites which are typically oriented
toward minors.
Dtce also to secondary impacts, a cornmtcnity can maintain the separation of adult
uses from one another.
A cornmtenity has the right to police adult uses to insure they are operating in a
fashion where the secondary impacts or affects are mitigated to the extent possible.
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Massage Parlors
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Definitions
Massage: `The rubbing, stroking, kneading, tapping or rolling of the body of
another with the .hands or objects for the exclusive purpose of physical fitness,
relaxation or beautification and for no other purpose "Objects" shall include, but not
be limited to, powder puffs, feathers, vibrators and like or similar objects. Provided
by the City of Cottage Grove.
Massage Parlor: Any establishment or place providing to the public at large
massage services, other than a hospital, sanatarium, rest home, nursing home,
boarding home or other institution for the hospitalization or care of human beings
duly licensed under the provisions of Minnesota Statutes, sections 144.50 through
144.69. Provided by the City of Cottage Grove.
Massage Services: A business offering or providing massages to others ~vhere
a fee is charged, and whether or not the massage services are rendered. at the
licensed location. Provided by the. City of Cottage Grove.
Examples from the Metro Area
License Fee: $200
Investigation Fee: $ 50....For any investigation time which exceeds two..
hours, the applicant shall reimburse the city $25 per hour for all time in ecxess of the
initial two hours, up to a maximum of $500.
City of Cottage Grove
Restrictions on Number of License: One license per person or place; interest
in more than one license prohibited. No more than one license shall be directly or
indirectly issued to any one person or for any one place in the city.
Business Hours: No customer or patrons shall be allowed to enter the
licensed premises after 10:00 p.m. and before 8:00 a.m. daily. No customers or
patrons shall be allo~ved to remain upon the licensed premises after 10:30 p.m. and
before 8:00 a.m. daily.
City of Bloomington
License Fees: Escort Services $1,080.00
Escort $ 54.00
Therapeutic Massage Enterprise $ 412.00
Therapist $ 17.50
Temporary Therapist $ 17.50
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Renewal of Therapist License $ 8.20
Duplicate Therapist $ 3.30
Investigation Fee for Enterprise Lic: $ 205.00
Requirements for a Therapeutic Massage Therapist: An individual who
practices or administers massage to the public who can demonstrate to the Issuing
Authority that he or she:
a: has current insurance coverage of $1,000,000 for professional liability in the
practice of massage;
b. is affiliated with, employed by, or owns a therapeutic massage enterprise
licensed by the City;
c. has completed 400 hours of certified therapeutic massage training from a
bona fide school that has been approved by the issuing Authority, or has one year of
experience practicing massage therapy as established by an affidavit and can
document within 2 years of obtaining the license that he or she has completed 400
hours of certified therapeutic massage training from a bona fide school.
Location Restrictions: No therapeutic massage enterprise shall be licensed if
such enterprise is located on property on which taxes, assessment, or other financial
claims to the State, County, School District, or City are due and delinquent.
• City of Minnetonka
Licenses Required: Business License, Personal Service License.
License Fee:
Personal License $ 50
Business License l~iassage Therapist $ 300
Other Business $1,000
Investigation Fee:
Masage Therapist Business $ 300
Other Business $1,000
Business Hours: No .customers or patrons shall be allowed to enter the
licensed premises after 6:00 p.m. and before 8:00 a.m. daily. No customers or patrons
shall be allowed to remain upon the' licensed premises after 7:00 p.m. and before 8:00
a.m. daily.
Location Restrictions: No massage business may be located on property
which is zoned as any classification of residential property pursuant to the zoning
ordinance, or is subject to taxes, assessments, or other financial claims from any
governmental agency which are due and delinquent.
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City of New Brighton
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Licenses Required: Business License, Personal Service License.
Investigation Fee: $300 No investigation fee shll be refunded. The
investigation fee may be waived in case of renewal.
Location Restrictions: 1. A business license shall be issued only for property
zoned. B-8, General Business; I-1, Light Industrial; or I-Z, Heavy Industrial; provided
that such use is not detrimental to existing and future development.
2. No escort service, massage parlor, rap parlor or sauna parlor shall be
operated within 2,600 feet of any other escort service, massage parlor, rap parlor or
sauna parlor.
3. No escort service, massage parlor, rap parlor, or sauna parlor shall be
operated within 600 feet of any residentially zoned district, a church, a nursery,
elementary, junior high or senior high school, or any establishment frequented by
juveniles.
Insurance Required: Each applicant for a business license shall file with the
city a public liability insurance policy, insuring the applicant against any and all loss
arising out of the use, operation, or maintenance of the place of business. The policy
of insurance shall be in limits of not less than $100,000 for injury or loss to one
person, $300,000 for each occurrence, and $25,000 property damage. No cancellation
of any policy shall be valid except upon 30 days prior written notice to the city
manager. Failure to keep in force and effect the insurance required shall be grounds
for revocation of the license.
Business Hours: No licensed premises shall be open between the hours of
10:00 p.m. and 8:00 a.m. of the following day, and no business shall be operated on
Sunday.
City of Roseville
Annual Fee: $500
Business Hours: No customers or patrons shall. be allowed to enter the
licensed premises after 1:00 a.m. and before 8:00 a.m. daily. No customers or patrons
shall be allowed to remain upon the licensed premises after 2:00 a.m. and before 8:00
a.m. daily.
City of Shoreview
License Fee: $50 for each establishment and $20 for each massage therapist.
Insurance: Massage Therapist Licensees must have and maintain in full
force and effect, during license period, a policy of liability and .malpractice insurance
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issued by an insurance company licensed to do business in the state of Minnesota
covering death, personal injury and property damage in the minimum amount of
• $300,000 per person and per occurrence.
Restricted Business. Hours: The licensed Premises shall be closed between the
hours of 10:00 p.m. and 6:00 a.m.
MassageTherapist Requirements: A Massage Therapist shall be 18 years of age
or older, verified by a birth certificate or driver's license; and have received a
Comprehensive .Certificate of Massage from a school recognized by the Minnesota
Higher Education Board with a minimum of 500 class credit hours and is a member
in good standing of the Minnesota Therapeutic Massage Network or the American
massage Therapy Association or other organizations possessing the same or similar
standards and having an .enforcement code of ethics.
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How Do These Business Activities Coincide With The City's
Comprehensive Plan?
The following goals and objectives are listed in order to determine how the
preceeding business activities relate to the Comprehensive Plan of Falcon Heights.
Neighborhoods /Housing Policy 1990 Falcon Heights Cotnp. Plan pgs. 24-25
5. Eliminate Zoning Code violations and nuisance conditions that adversely
affect neighborhoods.
6. Maintain the single-family character of the existing residential
neighborhoods and discourage redevelopment that may be considered a change in
use unless irreversible blight can be demonstrated.
10. Permit only compatible businesses adjacent to residential uses, and place
special conditions upon business uses to assure compatibility when appropriate.
Commercial /Business Areas 1990 Falcon Heights Cornp. Plan pg. 26
[The City of Falcon Heights] intends to improve and redevelop existing
commercial business areas, particularly the Snelling/Larpenteur Commercial core,
in a manner that is in keeping with competitive contemporary retail/service
standards of design and quality while minimizing impacts on adjacent residential
areas.
Commercial /Business Objectives 1990 Falcon Heights Cornp. Plan p~. 27
2. To insure maximum compatibility with adjacent neighborhoods.
3. To improve the image and function of the commercial core at Snelling /
Larpenteur.
12
G-A
•
C
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.Star Tribune/Saturday/September 4/1993 .. _ ~~,Se
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By Tatsha Robertson been misplaced. ;:;
Staff Writer - ~i:":
The shop's owner, Daryl Shtber, said
A six-month investigation of a he has done nothing wrong. He"said
Bloomington pawnshop resulted in there are times when a police hold is
12 arrests and the seizure of more placed on an item believed to 1'tave
than 200 items believed to have been been- stolen, but that because of, a
.stolen. high volume of business, the items
are sometimes misplaced or mistak-
Authorities on Thursday searched erily sold. He said he has 300 to-400
National Pawn Brokers Unlimited, customers aday. -
8650 Lyndale Av. S. Items -such as -~-,
computers and other electronic "I run a clean operation here. I coop-
equipment, bicycles, guns and jewel- erate with .with all police depart-
w r ments " he said.
ry e e confiscated.
:Twelve customers were arrested at ~,
According to the affidavit, an in_ for-
the shop, mostly for outstanding war- mant told police that he has- sold
rants and driving violations. Five stolen items to Shiber and that the
.were arrested on charges of selling store is known by criminals to bean
items they had bought with stolen easy place to sell stolen items. , ~,
credit cards.
A former employee of an Eden Prai-
Detectives from the Bloomington Po- rie computer company who was ~ar-
•
lice Department and -Hennepin rested during the investigation told
County Sheriffs Department said in police that he had been stealing from
an affidavit for a search warrant that the company for 14 months and had
they had received complaints that the sold stolen items to Shiber. However,
-whop buys,and sells stolen~properiy. - the man •told police that he ,and
-
- never talked of the iteaisL:ac-
Shiber
Authorities said. they noticed, through 'cording to the ,affidavit. ` "'°
daily checks of the shop that a "dras- ~ ~- - " ~.
tic" amount of stolen items ended up •Shiber has not been arrested ;At:-
there. Police 'said that although holds thorities said they are. continuing`to,
-were placed on suspicious items, they 'investigate - - -
~
'§till were sold or were said to have
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471.633 FIREARMS.
The legislature preempts all authority of a home rule charter or statutory city
including a city of the first class, county, town, municipal corporation, or other govern-
. i mental subdivision, or any of their instrumentalities, to regulate firearms, ammunition,
or their respective components to the complete exclusion of any order, ordinance or
`regulation by them except that:
(a) a governmental subdivision may regulate the discharge of firearms; and
(b) a governmental subdivision may adopt regulations identical to state law.
Local regulation inconsistent with this section is void.
History: 1985 c 144 s 1
i•
E
The Current Businesses Properties in the Larpenteur / Snelling Business
• Core and Their Distances from Residential Areas
All distances are measured on a straight line from the edge of the business building
to the edge of the nearest residential property line. (All distances are approximate.)
See Attached Map
The Northwest Quadrant of Larpenteur and Snelling
The nearest residential lot from:
Amoco 160 ft.
Falcon Center 40 ft.
Bucks Furniture 55 ft.
The Southwest Quadrant of Larpenteur and Snelling
The nearest residential lot from:
Harvest States Buildings 80 ft.
The Southeast Quadrant of Larpenteur and Snelling
The nearest residential lot from:
Dino's Gyros 270 ft.
Pizza Hut 70 ft. (estimated)
Northome Shopping 60 ft.
• The Northeast Quadrant of Larpenteur and Snelling
The nearest residential lot from:
Bulls Eye Shopping 40 ft.
Embers 100 ft.
The distance of the nearest business to the elementary school:
Bulls Eye Shopping 1,810 ft.
The distance of the nearest business to the church:
Bulls Eye Shopping 1,330 ft.
Questions to Ponder
1. How much distance would be appropriate between an adult bookstore and
residential property in the City of Falcon Heights?
2.
•
13
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ORDINANCE
• Discussion and potential recommendation adding to the City Code a section
pertaining to Precious Metal Dealers. (To be reviewed by Peter Bachman)
Attached is the Bloomington .ordinance regulating Precious Metal Dealers. Note that
Bloomington also includes Pawnbrokers in their section of the code.
Chapter 5 Section 1.03 Letter E (5-1.03 E)
E. Precious Metal Dealers
1. License Required. No person shall exercise, carry-on, or be engaged
in the trade or business of pawnbroker or precious metal dealer within the
City unless such person is currently licensed under this Division. Application
for a license should be made to the city clerk on a form supplied by the
city. Upon filing of the application and payment of the required fee as
stipulated in Section 5-1.01 E subsection 5 of this code, the application shall
be presented to the city council for consideration.
2. Definitions.
a. "Precious Metal Dealer means any person engaging in the business
of buying coins or secondhand items containing precious metal,
• including, but not limited to, jewelry, watches, eating utensils,
candlesticks, and religious and decorative objects.
b. "Precious Metals" means silver, gold,or platinum.
3. Purpose. The City Council finds that precious metal dealers potentially
provide an opportunity for the commission of crimes and their concealment
because such businesses have the ability to receive and transfer stolen
property easily and quickly. The City Council also finds that consumer
protection regulation is warranted in transactions involving precious metal
dealers. The purpose of this division is therefore to prevent precious metal
businesses from being used as facilities for commission of crimes and to
assure that such businesses comply with basic consumer protection standards,
thereby protecting the public health, safety, and general welfare of the citizens
of the City.
4. Conditions.
a. Recordkeeping. At the time of a receipt of an item of property, the
precious metal dealer shall immediately record, using the English language, in
an indelible ink, in a book or journal, which has page numbers that are
preprinted, the following information:
•
Page 2
• (1) An accurate description of the item of property including, but
not limited to, any trademark, identification number, serial number, model
number, brand name, or other identifying mark on such item;
(2) The date and time- the item of property was received by the
precious metal dealer;
(3) The name, address, and date of birth of the person from
whom the item of property was received.
b. Inspection of Records. The precious metal dealer shall make
available the information required in subpart (a) of this Section at all
reasonable times for inspection by the City Police Department or issuing
authority. The information required in subpart (a) of this Section shall be
retained by the precious .metal dealer for at least 4 years.
c. Items for Which Daily Reports to Police are Required. For the
following items,but not limited to precious jewelry, gems, and metals,the
precious metal dealer shall complete forms approved by the City Police
Department or issuing authority and send the forms daily to the City Police
Department.
• d. Dail~Report Forms. The daily report forms submitted to the City
Police Department shall contain the following information:
(1) An accurate description of the item of property including, but
not limited to, any~trademark, identification number, serial number, or other
identifying mark on such item,;
(2) The price of the item paid by the precious metal dealer;
(3) The date, time, and place of receipt of the item;
(4) The name, address, and date of birth of the person from
whom the item was received;
(5) The identification number from one of the following forms of
identification of the person from whom the item was received: A valid drivers
license; a Minnesota identification Card; or a photo identification issued by the
state of residency of the person from whom the item was received.
•
Page 3
•
e. Police Order to Hold Property. Whenever the City Police
Department notifies the precious metal dealer not to sell an item, the item shall
not be sold or removed from the licensed premises until authorized to be
released by the City Police Department.
f. Holding Period. Any item received by the precious metal dealer,
for which a report to the police is required under subpart (c) of this Section,
shall not be sold or otherwise transferred for 14 days after the date of such
report to the police.
g. Receipt. The precious metal dealer shall provide a receipt to the
seller of any item of property received, which shall include: The name,
address, and phone number of the precious metal dealer business; the date on
which the item was received by the precious metal dealer; a description of the
item received and amount paid to the seller in exchange for the item sold.
h. Hours of Operation.. No precious metal dealer shall keep the
precious metal dealer business open for the transaction of business on any
day of the week before 9:00 a.m. or after 9:00 p.m.
• i. Minors. The precious metal :dealer shall not purchase or receive
personal property of any nature from a minor..
j. Inspection of Items. The precious metal dealer shall, at all times
during the term of the license, allow the City Police Department or issuing
authority to enter the premises where the precious metals dealer business is
located, for the purpose inspecting such premises and inspecting the items,
ware, and merchandise therein for the purpose of locating items suspected or
alleged to have been stolen or otherwise improperly disposed of.
k. License Display. An issued license must be posted in a
conspicuous place in the premises for which it is used. The license issued is
only effective for the compact and contiguous space specified in the approved
license application.
I. Proper Identification. Alicensee under this section shall accept
any items of property unless the seller provides to the precious metal dealer
one of the following forms of identification: Avalid driver's license; a Minnesota
Identification Card; or a photo .identification issued by the state of residency of
the person from whom the item was received. No other forms of identification
shall be accepted.
•
Page 4
`J
m. Not Permitted. Precious metal dealers may not loan money on
deposit or pledge of personal property, or other valuable thing. Precious metal
dealers may not deal in the purchasing of personal property or other valuable
thing on condition of selling the same back again at a stipulated price, or who
loans money secured by chattel mortgage on personal property, taking
possession of the property or any part thereof so mortgaged.
5. Fees.
a. Application Fee.
(1) The license application fee shall be paid in full before the
application for a license shall be accepted. Upon rejection of any application
for a license or upon withdrawal of any application before City Council
approval, the license fee shall be refunded in full to the applicant except where
rejection is for a willful misstatement in the license application.
(2) The application fee shall be set at $1,545.00
• b. Investigation Fee.
(1) An applicant under this Section shall deposit with the issuing
authority at the time an original application is submitted, $1,500 to cover the
costs involved in verifying the license application and to cover the expense of
any investigation needed to assure compliance with this Section.
(2) If the investigation and verification process is conducted solely
within the State of Minnesota, the fee shall be $500, and the remainder of the
deposit shall be returned to the applicant. If the investigation and verification
process is conducted outside the State of Minnesota, the issuing authority may
recover the actual investigation costs not exceeding $1,500.
6. Restrictions Regarding License Transfer. Each license under this
Division shall be issued to the applicant only and shall not be transferable to
any other person. No licensee shall loan, sell, give or assign a license to
another person.
7. Limitation on Number of Licenses. The number of precious metal dealer
• licenses issued in Falcon Heights in any calendar year shall not exceed one.
Page 5
•
ZONING
Within the Zoning Ordinance, Precious Metal Dealers would be a permitted use in the
"B-3" Snelling and Larpenteur Business District under letter "u" with the remaining
permitted uses listed as follows:
u. Precious Metal Dealers (New)
v. Printing and duplicating shops provided not more than six employees are
employed on the premises at one time. (Currently Letter "u" in the zoning
ord.
w. Public and essential service uses. (Currently Letter "v" in the zoning ord.
x. Schools and studios for art,....(Currently Letter "w" in the zoning ord.
y. Video rental stores. (Currently Letter "x" in the zoning ord.)
Page 6
MORATORIUM
Due to the proposed licensing requirements presented in the previous section, and
the proposed zoning permitted use, that precious metal dealers be removed from the
Commercial Development Moratorium, Chapter 5 Section 5.02.
Action Requested: Motion to remove Precious Metal Dealers from the amendments to
Chapter 5, Section 5.02 Development Restrictions and Applicability.
1. Precious Metal Dealers
•