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Home My WebLink AboutPL PACKET 12172002 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102891 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 12172002 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA DECEMBER 17, 2002 7 p.m., Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC INPUT Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the.podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. 5. APPROVAL OF AGENDA 6. MEETING MINUTES 6.1 Review and Approve Planning Commission Minutes of October 15, 2002 7. COMMUNICATION FROM CITY COUNCIL 7.1 Designate a Planning Commission Member to the January 14, 2003 City Council Meeting 8. PUBLIC HEARINGS 8.1 Bill Bauske, 2611 30th Avenue Northeast, variance request of 11 feet for a proposed distance of 4 feet from the property line for a non-window mounted AC unit 9. INFORMATION AND DISCUSSION 9.1 Preliminary Site Plan for Autumn Woods Senior Housing, 2500 Block of Kenzie Terrace 9.2 Discuss Second Hand Goods Ordinance Amendment/Proposed Pawn Broker Ordinance 9.3 Appoint Chair/Vice Chair for 2003 9.4 Northwest Quadrant Redevelopment Update 10. ANNOUNCEMENTS 11. ADJOURNMENT ATTENTION PLANNING COMMISSION MEMBERS: IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUSAN HALL AT 612-706-1324. 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 October 15, 2002 6 7:00 p.m. 7 8 9 I. CALL TO ORDER 10 Chair Melsha called the meeting to order at 7:03 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Melsha; Commissioners, Hanson, Hoska, Steeves, and 17 Tillman. 18 Absent: Vice Chair Stille and Commissioner Thomas. 19 Also present: Assistant City Manager Susan Hall. 20 21 IV. PUBLIC INPUT. 22 Hearing no comments, Chair Melsha moved forward with the agenda. 23 24 V. APPROVAL OF AGENDA. 25 Motion by Commissioner Hanson, second by Commissioner Hoska, to approve the meeting 26 agenda as presented. 27 28 Motion carried unanimously. 29 30 VI. MEETING MINUTES. 31 6.1 Review/Approval of the Planning Commission meeting minutes of August 20 2002 32 Motion by Commissioner Hanson, second by Chair Melsha, to approve the Planning 33 Commission meeting minutes of August 20, 2002. 34 35 Motion carried unanimously. 36 37 VII. COMMUNICATION WITH CITY COUNCIL. 38 7.1 Designate a Planning Commission member to the City Council regular meeting of 39 October 22, 2002. 40 Chair Melsha indicated that Commissioner Steeves was available to attend the next City 41 Council meeting on October 22, 2002. 42 43 VIII. PUBLIC HEARINGS. 44 8.1 Business Data Record Services/Belair Excavating, 3015 37`h Avenue NE: (1) a building 45 height variance of 9 feet: and(2) a side yard variance of 35 feet. 46 47 Chair Melsha opened the public hearing at 7:05 p.m. 48 49 Susan Hall stated that Business Data Record Services has submitted demolition and Planning Commission Meeting Minutes October 15, 2002 Page 2 1 expansion plans for 3015 37`h Avenue Northeast. The final submitted site plan shows 2 demolition of four existing buildings and construction of a new 40,000 square feet 3 building. Notification has been sent to the property owners within 350 feet of the 4 proposed development. Mr. Murlowski of Belair Excavating is representing Business 5 Data Record Services for two variance requests: 1) A building height variance of 9 feet 6 for a proposed 44 feet building height; and 2) A side yard variance request of 35 feet 7 (along Macalester Drive) for a proposed 5 feet side yard adjacent to a street. 8 9 Ms. Hall advised that Mr. Murlowski met with the Planning Commission on August 20 10 for a concept review of preliminary site plans. The applicants are now submitting their 1 1 final plans and are asking for two variances. First, a variance for building height of 44 12 feet is proposed. According to City ordinance, maximum building height in a Light 13 Industrial zoning district is 35 feet, which makes this a variance request of 9 feet. 14 15 Ms. Hall indicated Fire Chief Joel Hewitt has reviewed the proposed plans and stated the 16 height will be all right because of the mutual aid agreement. A good example of what this 17 height will look like is at another nearby Business Data Record Services site at 200 Old 18 Highway 8 in New Brighton. That building stands 42 feet in height. The second 19 variance request is for the side yard setback. The side yard is considered Macalester 20 Drive. The applicants are requesting,a side yard setback of 5 feet. City ordinance states a 21 side yard adjacent to a street must be at least 40 feet, which makes this a variance request 22 of 35 feet. Although the proposed side yard setback won't make the building stick out 23 any more than the existing building, it would be on the curb line. Public Works Director 24 Jay Hartman has reviewed the existing an proposed setbacks and said for snow removal 25 there will still be plenty of room in the right-of-way to stock pile snow. Still, he noted, 26 this is a substantial variance request. 27 28 Ms. Hall explained that per the applicants, the existing side yard setback at Macalester 29 Drive is 5 feet at the south building and 30 feet at the north building. The existing front 30 yard setback at 37h (County Road D) is 20 feet, the existing side yard at the Xcel 31 substation varies from 2 f6et to 0 feet. Finally, the existing rear yard setback at the 32 railroad varies from 3 feet to 1 foot, 6 inches. The property and easement lines are 50 feet 33 from the railroad centerline. 34 35 Ms. Hall stated the city engineer reviewed and approved the drainage plans. The runoff 36 from the site will go to a new water retention pond shown on the site plan. 37 38 Ms. Hall noted that parking is adequate at the site, per City ordinance, because this is a 39 warehousing facility which requires the facility must have at least one space per 40 employee on the largest shift plus one parking space per company vehicle. There are 40 41 parking stalls shown on the site plan, which will be enough spots for employees per Mr. 42 Murlowski. 43 44 Mr. Murlowski, the applicant,reviewed his request with the Commission. He stated his 45 organization has done several improvements to this site in the past. Mr. Murlowski 46 distributed pictures of a building that is similar to what he is proposing for the Business 47 Dad Record Service Expansion. He then introduced Jim White as the project architect. Planning Commission Meeting Minutes October 15, 2002 Page 3 1 2 Jim White reviewed the bounds of the site and noted Macalaster Drive was a dead end. 3 He stated this development would upgrade the safety on this site and update the 4 appearance of the exterior. He noted the two variances were for a side yard setback of 5 5 feet when a 40-yard setback is the City requirement along with a building height variance 6 to allow for a 44-foot building when the City ordinance requires 35 feet. 7 8 Chair Melsha asked if there are ways to avoid the five-foot side yard setback. Mr. White 9 indicated turning radiuses and parking would be jeopardized if not allowed to be planned 10 as proposed. 11 12 Mr. White summarized the reasons why he feels this project will benefit the City of St. 13 Anthony as being an update in safety features, the reduction in traffic along Macalaster 14 Drive, update in exterior appearance with the new building, and demolition of existing 15 buildings. 16 17 Commissioner Hanson asked if the side yard setback is not granted how much space 18 would be lost. Mr. White stated approximately 7,000 square feet of space would be lost. 19 20 21 Chair Melsha questioned if this building would move forward if the side setback was not 22 approved. Mr. Murlowski noted nothing would be done right away if the side yard 23 setback was not granted since a much smaller scale building would be proposed for this 24 site in this location. 25 26 Commissioner Steeves questioned why the height variance was needed. Mr. White stated 27 the volume of storage needed for this facility requires the proposed size for the storage 28 needs of people in this market. 29 30 Commissioner Hanson asked if the height variance could be increased to reduce the need 31 for the side yard setback. Mr. Murlowski noted he would have to check on this as an 32 option. 33 34 Commissioner Steeves asked what drove the building to be this size. Mr. White noted 35 this was based on a cost per cubic foot to build this building. He stated from an 36 operations standpoint, it is the most efficient for man power as well. 37 38 Mr. Murlowski added that his company enjoys working with the City of St. Anthony and 39 noted he created a similar structure in the City of New Brighton. He indicated the 40 projections and proposed building are based on his client's storage need projections. 41 42 Chair Melsha asked what would be stored in this storage site. Mr. Murlowski stated the 43 four existing tenants within the four buildings that would be demolished would be moved 44 or relocated with a new facility created for document storage. 45 46 Chair Melsha closed the public hearing at 7:26 p.m. 47 Planning Commission Meeting Minutes October 15, 2002 Page 4 1 Chair Melsha indicated he was torn on this item, as this company is an asset to St. 2 Anthony. He noted the difficulty is whether or not there is an undue hardship and 3 whether or not the property can be put to good use without the variance. 4 5 Commissioner Steeves agreed stating he felt a building could be built on this site to meet 6 the City ordinances but may not meet the most efficient cost structure for the applicants. 7 8 Chair Melsha stated the side yard setback does show some hardship with the shape of the 9 side yard due to the railroad easement. 10 1 1 Commissioner Hanson asked if this building could be built without a retention pond and 12 asked if this was a requirement. Mr. White stated this would then need approval from the 13 Rice Creek Watershed District as a drainage pond is needed for this site. He noted he 14 doesn't see them approving that type of development. 15 16 Commissioner Hanson noted he was more in favor of the height variance but not the side 17 yard setback. 18 19 Commissioner Hoska concurred adding that the height should not be a problem for the 20 fire department. He indicated this is an established business in the community asking for 21 assistance in keeping their business viable. Commissioner Hoska stated they are 22 restricted to the north with the railroad easement and retention pond thus creating a 23 hardship. 24 25 Commissioner Tillman stated the easement does create a hardship. She explained from 26 an aesthetic point of view, it would be nice to keep the parking to the interior of the 27 building complex. 28 29 Chair Melsha stated he feels this is an economic issue and that the building could be 30 scaled back to have this still remain reasonable. 31 32 Commissioner Tillman questioned if a small building was a reasonable use to the 33 applicant. 34 35 Commissioner Steeves stated a larger building would be more desirable for the applicant. 36 He questioned why the loading docks were not considered along Macalaster and not 37 within the site parking lot. Mr. White stated most cities require that trucks maneuver on 38 site property and not on City streets. 39 40 Commissioner Steeves stated he felt all the options were not yet looked at. 41 42 Commissioner Hanson stated he would like to see the site put to better use, but noted 43 there was not an undue hardship at this time stating a height variance would be more 44 favorable than both the height and side setbacks. He indicated this proposal was purely 45 economical and could not be approved for that reason alone. 46 47 Motion by Commissioner Steeves, second by Commissioner Hanson, to recommend Planning Commission Meeting Minutes October 15, 2002 Page 5 1 denial of the request from Business Data Record Services for two variance requests: 1) 2 A building height variance of 9 feet for a proposed 44 feet building height; and 2) A side 3 yard variance request of 35 feet (along Macalester Drive) for a proposed 5 feet side yard 4 adjacent to a street. 5 6 Motion carried 3-2 (Commissioners Tillman and Hoska nay). 7 8 IX. INFORMATION AND DISCUSSION. 9 9.1 Discuss Ordinance/Moratorium for Second Hand Goods Dealers Licenses. 10 11 Susan Hall explained that the City Council is asking the Planning Commission for a 12 recommendation on a revised Second Hand Goods Dealers Ordinance and a new 13 ordinance regulating pawn shops in St. Anthony while a moratorium has been placed on 14 issuance of any aforementioned licenses. 15 16 Ms. Hall stated it has come to staff's attention that the ordinance for the second hand 17 goods dealers license is in need of updating. In St. Anthony's ordinance, pawn shops fall 18 under the second hand goods dealers' section. In doing some research on the subject, City 19 staff has learned it will be necessary to have a separate pawn shop ordinance to address 20 separate concerns arising from this type of business. Today there are requirements for 21 pawn shops that are not addressed in the City's ordinance. 22 23 Ms. Hall advised that on October 8, 2002, the St. Anthony City Council approved the 24 moratorium for second hand goods dealers' licenses, waiving all three readings. The 25 purpose of the moratorium is to put on hold all applications for licenses while City staff 26 can study and provide recommendations to the Planning Commission and City Council 27 on revised ordinances. 28 29 Ms. Hall noted that Captain John Ohl of the Police Department mentions in his 30 memorandums some of the problems associated with these businesses and what the City 31 needs to look at to deal with the concerns. She explained that the course of action likely 32 is that the City's Second Hand Goods Dealers Ordinance will be revised and the new 33 pawn shop ordinance will be adopted. City staff has identified two City of Minneapolis' 34 ordinances as good models for pawn shops and second hand goods dealers' ordinances, 35 which have been provided for review. As Capt. Ohl has indicated, it is imperative the 36 City's pawn shop ordinance is similar to the Minneapolis ordinance, or the suggested 37 "minimum language paperwork," both of which require membership in the Automated 38 Pawn System (APS), among other requirements. In addition, staff has obtained pawn 39 shop ordinances from Fridley and Hopkins; which have also been provided for the 40 Commission's review. 41 42 Ms. Hall advised that these ordinances have also been forwarded to the City Attorney's 43 Office for review and comment. The timeline on the review will depend on what 44 Commissioners deem appropriate and what the City Attorney's Office and City staff will 45 need to complete the assessment. The moratorium will be in place for one year, unless 46 changed by the City Council. 47 Planning Commission Meeting Minutes October 15, 2002 Page 6 1 Chair Melsha asked if this was initiated by the police department or by staff. Ms. Hall 2 stated a second hand goods license was requested so the ordinance was reviewed and 3 needs revisions before any licenses would be approved. 4 5 Commissioner Hoska questioned if the City Attorney has made any comments-to date. 6 Ms. Hall indicated this would be taking place but has not occurred to date. 7 8 Chair Melsha asked if a subcommittee should be designated for discussion of this 9 ordinance. Ms. Hall indicated this would be an option to address this item by reviewing 10 the current and neighboring communities' ordinances. 11 12 Chair Melsha asked for volunteers to review this item. Commissioner Hanson asked that 13 this item come back at the next meeting when all Commissioners are present to address 14 this item. 15 16 17 9.2 Northwest Quadrant Redevelopment Update. 18 Susan Hall reviewed the report from Jim Prosser to update the City on what is happening 19 with the Apache redevelopment project. She noted in November a work session will be 20 held with the Council to see if things are proceeding as planned. 21 22 X. ANNOUNCEMENTS. 23 Commissioner Tillman stated there are a group of citizens concerned about affordable housing 24 and they may be coming before the Planning Commission. 25 26 Commissioner Hanson stated on September 14, 2002 the shopping center had a successful event 27 with bands and games. He noted the group that planned this is going to remain active to 28 encourage residents to use and visit the shopping center. 29 30 Ms. Hall noted there are two terms expiring at the end of the year which will require a letter to 31 the Council. 32 33 Ms. Hall stated Greater Metropolitan Housing Program is creating a revolving loan program for 34 up to $10,000 at 4% to be paid off over 10 years. 35 36 Ms. Hall explained Culvers is expected to be up and running in March of 2003. She noted 37 Hardees was torn down and reported an agreement was reached with Exhaust Pros. 38 39 XI. ADJOURNMENT. 40 Motion by Commissioner Hanson, second by Commissioner Hoska, to adjourn the meeting at 41 7:56 p.m. 42 43 Motion carried unanimously. 44 Respectfully submitted, 45 46 Heidi Guenther 47 Timesaver Off Site Secretarial, Inc. MEMORANDUM DATE: 12/11/02 MEETING DATE: 12/17/02 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Bauske Variance Request Background: Bill Bauske, 2611 30th Avenue Northeast, is requesting a variance of 11 feet from the side yard property line for a non-window mounted air conditioning unit. City ordinance states that non-window mounted air conditioning units must be at least 15 feet from any property line. Mr. Bauske's application shows there is only four feet available between the house and the property line. The applicant proposes the location of the air conditioning unit to be installed outside the basement window, per attached drawings. One item to note is once the base is placed on the ground, the air conditioning unit may be even closer than four feet to the property line. Mr. Bauske states in his petition for variance the undue hardship is due to the placement of the house so close to the property line, and that he would be unable to have central air in his home. The extraordinary circumstances that exist include the placement of.his house four feet from the property line. The purpose of adding central air is for comfort in the summer months, as two windows units do not cool portions of the house, according to the applicant. The building of the home in the 1920's and/or the drawing of property lines created the alleged difficulty or hardship. The applicant has also looked at putting the air conditioning unit in the northeast corner of his lot, which is nine feet from the property line. Considering the air conditioning unit must be one foot from the structure (according to the contractor) and the proposed air conditioning unit to be installed will rest of a 2 feet X 3 feet base, he said he would still be in violation of the ordinance and in need of a variance. The applicant also notes there are hardships/costs associated for him with placing the air conditioning unit in the northeast corner of the lot (see application). Mr. Bauske has been in communication with the adjacent neighbor at 2613 30th Avenue; they are in support of his application. Attachment: ib Petition for Variance Date: 13-oa Fee: oa R-1 . . . . . . $ 60.00 Other . . . . $100.00 CITY OF ST. ANTHONY VILLAGE Petition for Variance Applicant: 1W e a u sl:`—�9 Phone: 612 7 28 `3.-2'�S Address: 021 // ©tL- Ail . ty E Status of Applicant (Owner, Buyer, Lessee, etc.): ©w Ae V— Legal Description of property proposed for v fiance: hn-o&- ,2q-a3-3K-oo4s l,436 ,4ud.lr-I Street Address: (o! V•. NW /4 v,Fkoo V I M AI. S-5-11 g Presently Zoned: - 1 - S e a Io Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel or lot, the-proposed.variance. would relieve an undue'hardshin as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. p�.+�a� p� unu ttf 6 Je q-o yl�a v��c I®� � ,4.`r ;rr tin jr hour . 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to.this property but not applicable to other property in the vicinity or zoning district. l or�ihaJ�y C,krCUAAA9 4#11es e)6;5t >AC We iQC vt�- o-�-' mvy h o ease �n 4l-Pf, Iv x� � �ro�r A-^e o T�u Ce ntrd 4"r s �o r c�"f-4- r A. +G,e 5 LvYn e.s` . Gtn.-+;S do /tot- COO /�or`F:od�5 of ou✓` /�oiC6z), 3. The alleged difficulty or-hardship is caused by the City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Tkj &.X,,ca-0 Wos � � � b y ba;,OV � - koAW (,Q. t7nd/o r- `-� a tau)i o romr�y l;ne s . ;06"\ — #my Pnper4� "q bs+r& , �1a5 ►�a 5 �ai-� �kccK +o 1 W2, J-�i� Signature of Applicant * 60a00Crt N � y 4+. rnac�� grn a52merti- 6ashas Variance Reasons O� 1. I am requesting a Variance due to the"undue harig of the zoning code that requires at least a clearance back from the property line if a Central Air Conditioning("A.C.")unit is to be installed. 2. Undue hardship exists due to the placement of my house(back part of house built around 1920 and front addition built around 1950)only four feet from the property line on the east. This difficulty was created by the builder of the home(1920?) Q, 3 and/or the drawing up of property lines(when?). �, s The property abstract of my house has names and ? m dates that go back to 1853. Ls 3. The location of the A.C.unit to be installed is requested by a variance to be outside my basement window where the furnace rests in the basement. Proposed location is to be the bush closest to the basement window(see above). .G 4. Undue hardship also exists if unit were to be placed in the extreme N.E. corner of my lot as the S space there is approx. 9ft. x 9ft.. Considering the a'3 A.C. unit must be at least one foot from the aj structure(according to the contractor)and the proposed A.C.unit to be installed will rest on a 2ft. x 3ft. base, I still would be in violation. An additional reason for hardship would exist if the unit could be squeezed in this space because 25 feet of tubing and electrical pipe would have to be run outside of the house to the basement window. This would have to be done due to the need to drill a hole in the limestone slabs that make up my foundation in that part of my house. usk� Lr)4- of QW 1 30':E 4t/. AkE. Monday November 11, 2002 Dear St. Anthony Village City Officers, We understand that our neighbors, the Bauske family, are planning to install a central air conditioning unit that would rest on east side of their home. We also understand that because both our homes are older, the unit would not meet exact code and would be closer to our driveway then the city code requires. We would like to express our complete support for their attempt to get a waiver for the code requirement and give permission for the unit to be installed. If you have any questions, do not hesitate to call us at 612-788-4472. Sig erely, n Darcey Engen Seifert and Luverne Seifert 2613 30th Avenue Northeast St. Anthony Village, MN 55408 CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, December 17, 2002, at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers of"the City Hall, 3301 Silver Lake Road, for the following purpose: Petitioner: Bill Bauske Subject Property: 2611 30`h Avenue Northeast Request: A variance of 11 feet for a proposed distance of 4 feet from the property line for a non-window mounted AC unit. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Assistant City Manager at 612-789-8881. Auxiliary aids are available upon request with at least 96 hours advanced notice. Please call the City Clerk at 612- 789-8881 to make arrangements. Susan M.H. Hall Assistant City Manager Publish: St. Anthony Bulletin MEMORANDUM DATE: 12/10/02 MEETING DATE: 12/17/02 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager ti� SUBJECT: Autumn Woods Senior Housing Development Background: City staff has met twice with President Paul Brewer of LaNel Financial Group concerning their plans for construction of a senior housing development called Autumn Woods Senior Housing in the 2500 block of Kenzie Terrace. At this point, they would like to bring their plans forward for informal review and discussion to get feedback on their preliminary site plan. They hope to bring final plans to the Planning Commission for a full public hearing in either January or February. They anticipate construction beginning Spring 2003. Staff Comments: LaNel Financial Group proposes to develop a market rate senior rental townhouse style building. The preliminary plan submitted by the developer shows a total of 34 units with 1 and 2 bedroom units, along with various common activity and recreation areas. There will be both exterior and interior entrances to units. The building has two and three stories with underground parking. Seven surface parking spaces are shown on the preliminary site plan. According to the developer, the townhomes will have individual entries to the street and courtyard on the first floor and also to a center hall that will access the underground heated garage. The building exterior will closely match the adjacent and existing Autumn Woods development with its step down design at the ends of the building. The entire development will tie together well, according to the developer. Also, the preliminary plan shows encroachment into the required 25' side yard setback. It is not noted on the plan what the side yard setback is. All other required setbacks are met. LaNel will be asking for a Planned Unit Development (PUD), which will offer flexibility for both them and the City. In exchange for not meeting the side yard setback, the City might ask for extra landscaping or lighting, for example. The property, once constructed, will be managed by Lang Nelson Associates and become part of the Lang Nelson community of high quality senior rental homes, according to the developer. The development proposed is similar to The Arbors in White Bear Lake, which was recently completed by LaNel. 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ARCHITECTS LL wpm or fl,m4l, :20 2c, 25 2 BR 2 BR a O EXEROZE ST-4o 511-V lc:o I BR .20 C) C14 :2 13R CN A I BR AUTUMN cc llllll!u.lllcl1ll Je WOODS SENIOR HOUSING cu 0 10 20 40 FT U T co c 'm u FB PLW C) < 0 MEL J� 6"OuL A1.3 I i i I i i AUTUMN WOODS SENIOR aHOUSING t : s DESCRIPTION REA FIRST . SECOND THIRD TOTAL PER CENT O'B Glut lut �(S.F.) FLOOR FLOOR FLOOR BUILDING StTOthel' 1A TYPICAL ONE BEDROOM 1 828 2 3 3 8 24% ARCHITECTS i WAU -o 1B ONE BEDROOM CORNER(HDCP) 1 827 1 1 3% i SUBTOTAL-ONE BEDROOM 3 3 3 9 26% ! �E�� L®®ice ffii##9C X51 2A TWO BEDROOM AT CORNER(END UNITS) 1,189 4 4 8 2B TWO BEDROOM AT ENTRY 1,186 1 2 2 5 ti° --- 2C TWO BEDROOM-INTERIOR 1,076 3 3 3 9 j 2D TWO BEDROOM-INTERIOR(SPLIT) 1,145 1 1 1 3 SUBTOTAL-TWO BEDROOM 9 10 6 25 74% cu TOTAL BUILDING 12 13 9 34 100% — N i -- Q MAIN FLOOR 17,111 SECOND FLOOR 16,826 — THIRD FLOOR 12,041 I= �r ch I TOTAL 45,978 CV -- 1,352 s.f.per unit ,— __—..-• N cu T r' t r- MAIN COMMON SPACES AUTtTA�N SITES Y WOODS DESCRIPTION AREA SITE AREA: 54,071 s.f. HOUSING u m COMMUNITY ROOM/KITCHEN/STORAGE 1,156 GARAGE PARKING 35 CARS - OFFICE/STORAGE 194 SURFACE PARKING 7 CARS (NET) i PARLOR 171 I °_ CRAFT ROOM $OIfD�iG V 332 TOTAL: 42 CARS MEDIA CENTER 150 EXERCISE ROOM 494 j CARD ROOM 150 ,-- --._-..__--• S TOTAL: 2,647 "`° '�'°"" ---. i 'W° a.0 MEMORANDUM DATE: 12/11/02 MEETING DATE: 12/17/02 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager ,�'"{'',�c- SUBJECT: Proposed Pawn Broker Ordinance Background: The City Council has asked the Planning Commission for a recommendation on a revised Second Hand Goods Dealers ordinance and a new ordinance regulating pawn shops in St. Anthony while a moratorium has been placed on issuance of any aforementioned licenses. As stated at the October 15, 2002, Planning Commission meeting, the course of action likely is that the City's second hand goods dealers' ordinance will be revised and the new pawnbroker ordinance will be adopted. Chris Smith of Dorsey and Whitney drafted the attached proposed pawnbroker ordinance. Commissioners should review the document prior to the meeting and be prepared to discuss. Attachment: • Proposed Pawn Broker Ordinance CITY OF ST.ANTHONY, MINNESOTA Proposed Pawnbroker Ordinance for consideration by the Planning Commission Section 566 -Pawnbrokers 566.01. Findings and Purpose Statement. (A) Findings. The City Council makes the following findings regarding the need to regulate pawnbrokers operating with the City: (1) Pawnbrokers provide an opportunity for the commission of crime and the concealment of crime, because pawnshops have the ability to receive and transfer stolen property easily and quickly. (2) The pawn industry has outgrown the City's current ability to effectively and efficiently identify criminal activity related to pawnbrokers and pawn businesses. The adoption of an Automated Pawn System (APS) will allow law enforcement officials to timely collect and'share pawn transaction information more efficiently. (3) Consumer protection regulation of pawn transactions is warranted in light of the potential for abuse. (B) Purpose Statement. The City Council enacts this Section of the City Code in order to further the following objectives: (1) The prevention of pawnshops from being used as facilities for the commission of crime. (2) The identification of criminal activities through timely collection and sharing of pawn transaction information. (3) The promulgation of consumer protection standards to be adhered to by the pawn industry. (4) The protection of the public health, safety, and general welfare of the citizens of the City. 566.02. Definitions. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: ACCEPTABLE Acceptable forms of identification are a current valid Minnesota IDENTIFICATION: driver's license, a current valid Minnesota identification card, or a current valid photo driver's license or identification card issued by another state or province of Canada. BILLABLE Every reportable transaction conducted by a pawnbroker, except TRANSACTIONS: renewals,redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee's possession is a billable transaction. ISSUING AUTHORITY: The City of St. Anthony, Minnesota. LICENSEE: The person, corporation,partnership,or association to whom a license is issued under this Section,including any agents or employees of the person, corporation,partnership,or association. MINOR: Any natural person under the age of eighteen(18)years. PAWNBROKER: Any natural person,partnership or corporation,either as principal, or agent or employee thereof,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. To the extent that a pawnbroker's business includes buying personal property previously used,rented or leased,or selling it on consignment,the provisions of this chapter shall be applicable. Any bank, savings and loan association,or credit union shall not be deemed a pawnbroker for purposes of this Section. PERSON: Any one or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign,domestic, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. REPORTABLE Every transaction conducted by a pawnbroker in which merchandise TRANSACTION: is received through a pawn,purchase, consignment or trade, or in which a pawn is renewed,extended, redeemed or voided, is a reportable transaction except: (a) The bulk purchase or consignment of new or used merchandise from a merchant,manufacturer, or wholesaler having an established permanent place of business,and the retail sale of said merchandise,provided the pawnbroker must maintain a record of such purchase or consignment 2 which describes each item, and must mark each item in a manner which relates it to that transaction record. (b) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. 566.03. License Required. No person shall exercise,carry-on, or be engaged in the trade or business of pawnbroker within the City unless such person is currently licensed under this Section. Persons engaged in the business of pawnbroker on the effective date of this Section must receive a license within sixty(60) days or cease doing business. 566.04. Application Content. In addition to any information that may be required by the County pursuant to Minnesota Statutes, Section 471.924, every application for a license under this Section shall be made on a form supplied by the City and shall contain the following information: (A) If the applicant is a natural person: (1) The name,place, and date of birth, street resident address,and telephone number of the applicant; (2) Whether the applicant is a citizen of the United States or a resident alien; (3) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so,the name or names used and information concerning dates and places where used; (4) the name of the business if it is to be conducted under a designation,name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01; (5) the street addresses at which the applicant has lived during the preceding five (5)years; (6) the type,name, and location of every business or occupation in which the applicant has been engaged during the preceding five(5)years and the name(s)and address(es)of the applicant's employer(s) and partner(s), if any, for the preceding five(5)years; (7) whether the applicant has ever been convicted of a felony,crime, or violation of any ordinance other than a traffic ordinance. If so,the applicant shall 3 fiu-nish information as to the time,place, and offense for which convictions were had; (8) the physical description of the applicant; (9) if the applicant is married: (a) the name,place,and date of birth, and street address of the applicant's current spouse; (b) the type,name,and location of every business or occupation in which the applicant's current spouse has been engaged during the preceding five(5)years; (c) the names and addresses of the employers or partners of the applicant's current spouse for the preceding five(5)years; (d) whether the applicant's current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so,the applicant shall furnish information as to the time,place, and offense for which convictions were had. (B) If the applicant is a partnership: (1) the name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subpart(A)of this subsection; (2) the name(s) of managing partner(s)and the interest of each partner in the pawnbroker business; (3) a true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. (C) If the applicant is a corporation or other organization: (1) the name of the corporation or business form, and if incorporated,the state of incorporation; (2) a true copy of the Certificate of Incorporation,Articles of Incorporation, or Association Agreement, and By-laws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, shall be attached; 4 (3) the name of the manager(s),proprietor(s), or other agent(s) in charge of the business and all information concerning each manager,proprietor,or agent required in subpart(A)of this subsection; (4) a list of all persons who control or own an interest in excess of five percent (5%) in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subpart(A) above. (D) For all applicants: (1) whether the applicant holds a current pawnbroker license from any other governmental unit and whether the applicant is licensed under Minnesota Statutes, Section 471.924; (2) whether the applicant has previously been denied or had revoked or suspended, a pawnbroker license from this or any other governmental unit; (3) the names, street resident addresses, business addresses and telephone numbers of three (3) individuals who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or business,who may be referred to as to the applicant's and or manager's character; (4) the location of the business premises; (5) the legal description of the premises to be licensed; (6) the location at which the applicant's business records are maintained; (7) if the applicant does not own the licensed premises,a true and complete copy of the executed lease; (8) whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid,the years and amounts that are unpaid; (9) whenever the application is for premises either planned or under construction or undergoing substantial alteration,the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City Building/Inspections Department, no plans need be submitted with the issuing authority; (10) the applicants hours of operation, on-site management and,parking facilities; 5 (11) an executed data practices advisory and consent form authorizing the release of criminal history information; (12) such other information as the City Council or issuing authority may require. (E) Manager/New Manager. When a dealer places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the dealer must complete and submit the appropriate application prior to the effective date or the change. The manager shall be subject to the investigation required by this Section, and to the investigation fee required by Section 615, which shall be paid in advance. The designation of a new manager shall not cause the license to become invalid before a decision is rendered,provided proper notice and application are made by the applicant. A proposed new manager shall be referred to as the interim manager. In the event an interim manager is rejected,the licensee shall designate another interim manager and make the required application within fifteen(15)days of the decision. If a proposed manager is rejected,the decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten(10) days after being notified of the rejection. 566.05. Application Execution. All applications for a license under this Section shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation,by an officer thereof; if that of a partnership,by one of the general partners; and if that of an unincorporated association,by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 566.06. Application Verification. All applications shall be referred to the Police Department for verification and investigation of the facts set forth in the application. Within sixty(60) days after receipt of a complete application,the Police Department shall make a written report and recommendation to the City Council as to issuance or non-issuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. If additional investigation is necessary,the applicant shall pay the City the cost of the additional investigation. The license shall not be issued until any additional investigation costs are paid. 566.07. Application Consideration. A. The City Council shall conduct a hearing on the license application within thirty(30) days following receipt of the Police Department's report and recommendation regarding the application. At least ten(10)days in advance of the City Council hearing on an application,the issuing authority shall cause notice of the hearing to be published in the official newspaper of the City, setting forth the day,time,and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. The hearing shall 6 also be preceded by ten(10) days mailed notice to all owners of property located within five hundred(500) feet of the boundaries of the property where the business is to be conducted. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application,the City Council may, in its discretion, grant or deny the application within thirty (30)days after the close of the hearing.. B. If an application is granted for a location where a building is under construction or not ready for occupancy,the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. 566.08. Renewal Application. A. All licenses issued under this Chapter shall be effective from the date of approval by the City Council. All licenses expire December 31 Sc of each year. An application for the renewal of an existing license shall be made prior to the expiration date of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the City Council, good and sufficient cause is shown by the applicant for the applicant's failure to submit a renewal application before the expiration of the existing license,the City Council may, if the other provisions of this Section are complied with, grant the renewal application. B. A license under this Section may not be renewed: (1) if the City Council determines that the licensee has failed to comply with the provisions of this Section in preceding license years; (2) if the licensee or, if the licensee does not manage the establishment,the manager of the licensed premises is not a resident of Minnesota on the date the renewal takes effect; (3) if in the case of a partnership,the managing partner or other person who manages the establishment is not a resident of Minnesota on the date the renewal takes effect; (4) if in the case of a corporation, or other organization,the manager, a proprietor, or agent in charge of the establishment is not a resident of Minnesota on the date the renewal takes effect; (5) the time for establishing residence in Minnesota may for good cause be extended by the City Council. 566.09. Fees. A. Investigation Fee. An applicant for any license under this Chapter shall pay the City in advance at the time an original application is submitted, a nonrefundable investigation fee to cover the costs involved in verifying the license application and to cover the expense of any 7 investigation needed to assure compliance with this Section. The investigation fee is set forth in Section 615. B. License Fee. (1) The annual license fee is set forth in Section 615. The license fee shall be paid annually,to be determined pro-rata from the date of issuance of the license. (2) The annual license fee shall be paid in full before the license is effective. (3) When the license is for premises where the building is not ready for occupancy,the time fixed for computation of the license fee for the initial license period shall be ninety(90) days after approval of the license by the City Council or upon the date the building is ready for occupancy,whichever is sooner. (4) When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged,no additional fee shall be required. C. Billable Transaction Fees: Licensees shall pay a monthly transaction fee on all billable transactions. Such fee shall be due and payable within thirty(30) days. Failure to timely pay the billable transaction fee shall constitute a violation of this Section. 566.10. Bond Required. At the time of filing an application for a license,the applicant shall file a bond in the amount of Ten Thousand Dollars ($10,000.00)with the City. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the City Attorney. The bond must be conditioned that the licensee shall observe all ordinances of the City and all laws in regulation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker, or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. The bond shall contain a provision that it may not be cancelled without thirty(30) days advance written notice to the licensing authority. 566.11. Persons Ineligible for a License. A. No license under this Section shall be issued to an applicant who is a natural person if such applicant: (1) Is a minor at the time the application is filed; or (2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness 8 to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or (3) Is not of good moral character or repute. B. No license under this Section shall be issued to an applicant that is a partnership if such applicant has any general partner or managing partner: (1) Who is a minor at the time the application is filed; or (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03,subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or (3) Who is not of good moral character or repute. C. No license under this Section shall be issued to an applicant that is a corporation or other organization if such applicant has any manager,proprietor, or agent in charge of the business to be licensed: (1) Who is a minor at the time the application is filed; or (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03,subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or (3) Who is not of good moral character or repute. 566.12. General License Restrictions. A. Records Required. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the police department: (1) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (2) The purchase price, amount of money loaned upon, or pledged therefor. (3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. 9 (4) - Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be consecutively numbered. (5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex,height, weight, race, color of eyes and color of hair. (6) The identification number and state of issue from an acceptable form of identification. - (7) The signature of the person identified in the transaction. (8) The licensee must also take a color photograph or color video recording of: (a) Each customer involved in a billable transaction. (b) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the Chief of Police, or the chief s designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken,. the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months, and furnish it to the police department upon request. (9) Digitized photographs. Effective sixty(60) days from the date of notification by the police department licensees must fulfill the color 10 photograph requirements in subsection 566.12(A)(8) by submitting them as digital images, in a format specified.by the issuing authority, electronically cross- referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not altar or amend the requirements in subsection 566.12(A)(8). (10) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. B. Disposition of Articles. (1) When an article of pawned or pledged property is redeemed from a licensee, the records shall contain an account of such redemption with the date, interest charges accrued, and the total amount for which the article was redeemed. (2) When an article of purchased or forfeited property is sold or disposed of by a licensee and the licensee receives'One Hundred Dollars ($100.00) or more in the payment thereof, the records shall contain an account of such sale with the date, the amount for which the article was sold, and the full name, current address, and telephone number of the person to whom sold. C. Inspection of Records. The records must at all reasonable times be open to inspection by the police department or department of licenses and consumer services. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of one hundred twenty (120) days. D. Daily Reports to Police. Licensees must submit every reportable transaction to the police department daily in the following manner: (1) Licensees must provide to the police department all information required in Section 566.12(A)(1)through(6) and other required information, by transferring it from their computer to the Automated Pawn System via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority using procedures that address security concerns of the licensees and the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the police department daily. (2) Billable Transaction Fees. Licensees will be charged for each billable transaction reported to the police department. (3) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the police department printed copies of 11 all reportable transactions along with the video tape(s) for that date, by 12:00 noon the next business day; (4) If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in Section 566.12(D)(3), and must be charged a fifty dollar($50.00) reporting failure penalty, daily, until the error is corrected; or (5) If the problem is determined to be outside the licensee's system, the licensee must provide the required reports in Section 566.12(D)(3), and resubmit all such transaction via modem when the error is corrected. (6) If a licensee is unable to capture, digitize or transmit the photographs required in Section 566.12(A)(9), the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request. (7) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. (8) Section 566.12(D)(3)through (5) notwithstanding, the Police Department may, upon presentation of extenuating circumstances, delay the implementation.of the daily reporting penalty. E. Receipt Required. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: (1) The name, address and telephone number of the licensed business. (2) The date and time the item was received by the licensee. (3) Whether the item was pawned or sold, or the nature of the transaction. (4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (5) The signature or unique identifier of the licensee or employee that conducted the transaction. (6) The amount advanced or paid. 12 (7) The monthly and annual interest rates, including all pawn fees and charges. (8) The last regular day of business by which the item must be redeemed by the pledgor without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. (9) The full name, current residence address, current residence telephone number, and date of birth of the pledgor or seller. (10) The identification number and state of issue from an acceptable form of identification. (11) Description of the pledgor or seller including approximate sex, height, weight, race, color of eyes and color of hair. (12) The signature of the pledgor or seller. (13) All printed statements as required by Minnesota Statutes, Section 325J.04, subdivision 2, or any other applicable statutes. F. Redemption Period. Any person pledging,pawning or depositing an item for security must have a minimum of one hundred twenty(120) days from the date of that transaction to redeem the item before it may be forfeited and sold. During the one hundred twenty(120) day holding period, items may not be removed from the licensed location except as provided in Section 566.14(A). Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or,to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledgor at the time of the initial.transaction and signed by the pledgor, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledgor must be maintained along with original transaction record in accordance with Section 566.12(A)(10). G. Holding Period. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty(30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays. H. Police Order to Hold Property. (1) Investigative Hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72)hours and will remain in effect for fifteen(15) days from the date of initial notification, or until the investigative order is canceled, or until an order to 13 hold/confiscate is issued,pursuant to Section 566.12(H)(2), whichever comes first. (2) Order to Hold. Whenever the Chief of Police, or the chief s designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chief s designee. The order to hold shall expire ninety (90) days from the date it is placed unless the Chief of Police or the chief s designee determines the hold is still necessary and notifies the licensee in writing. (3) Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or chief s designee may: (a) Physically confiscate and remove it from the shop, pursuant to a written order from the chief or the chief s designee; or (b) Place the item on hold or extend the hold as provided in Section 566.12(H)(2), and leave it in the shop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the Chief of Police, or chiefs designee shall so notify the licensee. I. Inspection of Items. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in Section 566.12(0), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws. J. Pawning of Motor Vehicle Titles. (1) In addition to the other requirements of state law, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall, pursuant to Minnesota Statutes Section 325J.095: (a) be licensed as a used motor vehicle dealer under Minnesota Statutes, Section 168.27, and post such license on the pawnshop premises; (b) verify that there are no liens or encumbrances against the motor vehicle with the department of public safety; 14 (c) verify that the pledgor has automobile insurance on the motor vehicle as required by law. (d) A pawnbroker may not sell a motor vehicle covered by a pawn transaction until ninety(90) days after recovery of the motor vehicle. (2) A pawn transaction that involves holding only the title to property is subject to Minnesota Statutes, Chapter 168A or 336. K. Label Required. Licensees must attach a label to every item at the time it is pawned,purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date,the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. L. Display and Storage of Firearms. As a condition of licensure, a pawnbroker shall not display on the licensed premises any firearms pawned or purchased by the pawnbroker. All firearms shall be securely stored in an area that is not accessible by the general public. The City Police Department shall approve how firearms are stored and secured. M. Risk of Loss. In the event pledged goods are lost or damaged while in possession of the pawnbroker,the pawnbroker shall compensate the pledgor, in cash or replacement of goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action. N. License Display. A license issued under this Section 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. O. Responsibility of Licensee. A licensee under this Section shall be responsible for the conduct of the business being operated and shall maintain conditions of order. The conduct of agents or employees of a licensee, engaged in performance of duties for the licensee, shall be deemed the conduct of the licensee. P. Gambling. No licensee under this Section may keep,possess,or operate, or permit the keeping,possession, or operation on the licensed premises of dice, slot machines, roulette wheels,punchboards,blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Chapter 349,may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes,Chapter 349A. Q. Penalty for Property Owner. It is unlawful for any person who owns or controls real property to knowingly permit it to be used for pawn brokering without a license. 15 R. Premises. All property deposited,left,pledged,pawned, or held for sale must be stored in an enclosed facility and may not be stored outside of the premises. The City may, however,permit the licensee to designate one (1)off premises locked and secured facility in which the licensee may store only cars, boats,and other motorized vehicles. The licensee shall permit immediate inspection of the facility at any time during business hours by the City. All provisions in this Section regarding record keeping and reporting shall apply to oversized items. All property shall be stored in compliance with zoning and/or fire regulations and in an orderly manner. The premises shall also be equipped with an operational security alarm. 566.13. Restricted Transactions. A. Hours of Operation. No pawnbroker shall keep the pawnbroker business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. B. Minors. A pawnbroker shall not purchase or receive personal property on deposit or pledge from any minor. C. Incompetent Persons. A pawnbroker shall not purchase or receive personal property on deposit or pledge from any incompetent person. D. Prohibited Goods. No licensee under this Section shall accept any item of property which contains an altered or obliterated serial number or"Operation Identification" number or any item of property whose serial number has been removed. E. Security Interest. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property knowing,or having reason to know,that the article of property is encumbered by a security interest. For the purpose of this Section, "security interest"means an interest in property which secures payment or other performance of an obligation. F. True Owner. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property,from any person,knowing, or having reason to know,that said person is not the true and correct owner of the property. G. Proper Identification. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property, from any person,without first having examined an acceptable form of identification. H. Payment by Check. Payment of more than Two Hundred Fifty Dollars($250.00)by a licensee for any article deposited, left,purchased,pledged or pawned shall be made only by a check, draft, or other negotiable or non-negotiable instrument which is drawn against funds held by a financial institution. This policy must be posted in a conspicuous place in the premises. I. Restrictions on Sale. A pawnbroker shall suspend for one(1)year, any business transaction with any person who has sold and/or forfeited on six(6)previous occasions articles for which the person received$25.00 or more per transaction within a single six(6)month period. 16 566.14. Inspection by Police. A. Premises. Any licensee shall,at all times during the term of the license, allow the police department to enter the premises,where the licensee is carrying on business, including all off-site storage facilities as authorized in Section 566(12)(0),during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the articles and records therein to locate goods suspected or alleged to have been stolen and to verify compliance with this Section or other applicable laws. No licensee shall conceal any article in his possession from the police department. B. Inspection by Police or Claimed Owner. All articles of property coming into the possession of any licensee shall be open to inspection and right of examination of any police officer or any person claiming to have been the owner thereof or claiming to have had an interest therein when such person is accompanied by a police officer. 566.15. Conduct of Persons on Licensed Premises. A. Property of Another. No person may pawn,pledge, sell, leave, or deposit any article of property not their own;nor shall any person pawn,pledge, sell, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn,pledge, sell, leave, or deposit any article of property in which another has a security interest;with any licensee. B. Minors. No minor may pawn,pledge, sell, leave,or deposit any article of property with any licensee. C. Proper Identification. No person may pawn,pledge, sell, leave or deposit any article of property with any licensee without first having presented an acceptable forth of identification. D. Required Signage. All licensees shall by adequate signage and separate written notice inform persons seeking to pawn,pledge, sell, leave,or deposit articles of property with the licensee of the foregoing requirements. (1) For the purpose of this subsection, "adequate signage"shall be deemed to mean at least one sign of not less than four(4)square feet in surface area, comprised of lettering of not less than three-quarters (3/4)of an inch in height,posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS. YOU MUST PRESENT VALID PHOTO IDENTIFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. 17 (2) For the purpose of this subsection, "separate written notice"shall be deemed to mean either the receipt,as required in Section 566(12)(E), or a printed form, incorporating a statement to the effect that the person pawning, pledging, selling,leaving, or depositing the article is at least eighteen(18) years of age; is the true owner of the article; and that the article is free of all claims and liens;which is acknowledged by way of signature of the person pawning,pledging, selling,leaving,or depositing the article. E. False Identification. No person seeking to pawn,pledge,sell,leave, or deposit any article of property with any licensee shall give a false or fictitious name;nor give a false date of birth; nor give a false or out of date address of residence or telephone number;nor present a false driver's license or identification card;to any licensee. F. General Restrictions. No pawnbroker licensed under this Section shall: (1) Lend money on a pledge at a rate of interest above that allowed by law; (2) Knowingly possess stolen goods; (3) Sell pledged goods before the time to redeem has expired; (4) Refuse to disclose to the City, after having sold pledged goods,the name of the purchaser or the price for which the item sold; (5) Make a loan on a pledge to a minor. 566.16. Restrictions Regarding License Transfer. Each license under this Section 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. 566.17. Suspension or Revocation of License. A. The City Council may suspend or revoke a license issued under this Section upon a finding of a violation of: (1) Any of the provisions of this Section; (2) Any state statute regulating pawnbrokers; or (3) Any state or local law relating to moral character and repute. B. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least ten(10)days' notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker. The 18 notice may be served upon the pawnbroker personally or by United States mail addressed to the most recent address of the business in the license application. 566.18. Penalty. Violation of any provision of this Section shall be a misdemeanor. 566.19. Severability. Should any provision of this section be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other than the part declared invalid. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 19 EHLERS '., & ASSOCIATES INC OTo: Mike Morrison,City Manager/Sue Hall,Assistant City Manager From: Jim Prosser,Ehlers&Associates W Date: November 29, 2002 Subject: Project Update Project Planning Pratt-Ordway is preparing a refined development program for the Northwest Quadrant area. The development program reflects the type of uses(type of residential,retail and office)that best matches the program guidelines established by the City, current market conditions and financial feasibility. The program is similar,but more detailed,than the information previously provided by Pratt- Ordway. This information will be shared with the Northwest Quadrant Steering Committee. John Shardlow from DSU,to develop refined site plan guidelines. These guidelines will be used by the developer to prepare a refined site plan that is consistent with St. Anthony development goals. The refined site plan is scheduled to be presented to the community at an Open House on Thursday, January 16,2003,from 5 to 8 p.m. at St.Anthony City Hall/Community Center for comments prior to finalizing for presentation to the City Council. Project Communications An update for the newsletter and newspapers will be prepared once Pratt-Ordway completes the plan refinement. Pratt-Ordway will be seeking input from the public prior to submitting the refined plan to the City for consideration with the final development agreement. Project Funding Metropolitan Council did not award Livable Community Demonstration Account(LCDA)funds to St. Anthony in the current funding cycle. Met Council indicated continued support for this project as a designated"Opportunity Site". No Opportunity Sites were funded this cycle. The Met Council indicates that funding is more likely to occur after a final refined site plan and financing plan has been prepared by the developer and approved by the City. The City continues to seek funding partners to assist with the transportation and communications innovations planned for the site. The University of Minnesota Center has indicated interest in working with the City to obtain special funding for these types of improvements. Pratt-Ordway is preparing an option that will permit the project to be constructed in phases without outside funding for the first phase. This phase would primarily include the Apache Mall area. Pratt- Ordway is close to securing an option to purchase the Apache Mall. Tax Increment Financing Given the likelihood that tax increment financing(TIF)assistance will be requested by the developer, Ehlers recommends that St.Anthony initiate an assessment to determine if the site would qualify as a LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8503 Fax: 651-697-8555 Roseville, MN 55113-1105 Email: jim @ehlers- inc.com "Redevelopment"district as permitted by State Law. It has been determined that inspections will be required to determine if the area qualifies as a"redevelopment"district. This type of district provides the maximum flexibility for redevelopment. Project Design/Land Use Approvals DSU will be coordinating development of design standards to assure the consistency with community standards developed during the planning stages. Land use reviews will be coordinated with the Planning Commission in the same manner as other development reviews. St.Anthony Redevelopment Update—Ehlers&Associates -U V A :D." <<lY. -`iJ T. I F - a i j. ISSUE NUMBER 8 THE CITY OF ST. ANTHONY DECEMBER 2002 NORTHWEST QUADRANT Q. When will a site plan be finalized? Q l A.A site plan will be finalized sometime REDEVELOPMENT PROCESS ` early in 2003.After the public has provided comments at the Open House in January, the site plan can be further refined and will Q. When is the next Open House Q. Is there anything new in the be submitted to the City for formal review, on the Northwest Quadrant site plan concept? as part of a complete application for a Redevelopment project? Planned Unit Development.A public A.Yes,there will be some refinements hearing will be scheduled as part of the A.The next Open House will be held on from the original concept.The biggest issue process.The site plan will have to be Thursday,January 16, from 5-8 p.m.,at the that the Pratt Ordway development team reviewed by the City Planning Commission City Hall/Community Center. The Pratt- and the Northwest Quadrant Steering and approved by the City Council as part of Ordway development team would like to Committee is working on in December and that process before a Final Development receive public feedback on a site plan January is how to close the funding gap for Agreement can be executed with the concept. Everyone is encouraged to come the redevelopment.The City was not development team.There will be public out to the Open House and provide awarded a Metropolitan Council Livable hearings held at both the Planning feedback on a conceptual site plan. Communities grant and additional funding Commission and City Council levels. Q. What will be included in the is needed to complete the redevelopment. Q. What else has been happening site plan concept? j in recent months with the �Qt112 to the A.like the original Pratt-Ordway Northwest Quadrant j p redevelopment concept,the site plan A. The Pratt-Ordway development team concept calls for an extension of a main Redevelopment open House been aggressively pursuing the east-west roadway at 39th Avenue, '; TILUrSday January 16 203 marketplace to ensure the City can get the connecting Silver Lake Road and Stinson Boulevard.This new roadway is to have a 5-8 p•i2• best development the market will permit. alt f HC{l/�l?111111U11if Center The team has also been meeting with main street character and provide a high y property owners and discussing the amenity,pedestrian and transit friendly For more information, contact City Hall acquisition of parcels needed to accomplish environment through the center of the at 612-789-8881 ? the redevelopment. In November,the neighborhood.Another primary - - - --- developer signed a purchase agreement component of the concept is a substantial One option under consideration to close with U.S. Bank,which owns the 30-acre central park to include community facilities,gathering places, trails,seating that fundin g gap a is to increase the amount Apache Plaza site. areas,and passive open space. of retail by including a large retail store in Q. When will construction of the the redevelopment.At the meetings in redevelopment begin? The site plan concept calls for a variety of December and January,the Northwest housing types and styles to meet Quadrant Steering Committee will be A.Various development reviews will occur community needs,along with office and discussing the implications of such a in 2003 and the first phase of construction retail uses,all unified by a strong cohesive change and identifying both concerns and could occur as early as the Spring of 2004. set of design standards. In addition to the opportunities that could result.It is The entire development will not be built at uses contained within the concept,the plan expected that the discussion at the once but will be phased and will likely also calls for innovative surface water December meeting will focus on issues, occur over the next five years. treatments to assist with the improvement concerns,and keys to success.A site plan Q. When will housing be available? of water quality in Silver Lake and the prepared in response to this input will be How can I sign up for housing? enhancement of the area through urban presented and discussed at the January design and significant landscaping. Steering Committee meeting. A.As with the rest of the development,the CITY OF Sr.ANTHONY Northwest Quadrant Redevelopment Update DECEMBER 2002 housing portion will be phased. Once a relocate at any time,if they relocate ahead development agreement phase to ensure final site plan has been developed and of the redevelopment process they may lose that the important issues can be resolved approved there will be more exact their chance to obtain relocation assistance. before moving on to the final development information about the timing of the agreement phase. availability of housing.The earliest housing Q. How will the project be funded? will be available is likely in 2005.More A. The project will be funded primarily Q• Y Wh must the Northwest information on how to sign up for housing through land payments by the developer Quadrant Redevelopment area will be available in 2004. and tax increment finance. be redeveloped? Q. If my business must relocate in A.As in many communities,change has Q What occurred in St.Anthony tax increment The City the future, will I receive any finance (TIF)? Y wants to financial assistance? restore the Apache Plaza Mall area to the A. TIF is a financing tool created by the vital focal point for the community that it A. Yes.Businesses that must relocate are Minnesota Legislature in the mid-1970s to once was.The redevelopment will provide provided relocation assistance to help assist help encourage development and new housing opportunities for long-time with moving costs,as required under the redevelopment.Under TIF,property tax St.Anthony residents who no longer wish Uniform Relocation Assistance Act. revenue equivalent to what the current to maintain a single family home.At the Properties that are purchased for property generates continues to go to all same time that will open up existing redevelopment must be purchased at fair taxing jurisdictions.A portion of the tax housing to new families for our community. market value.The value is determined by a revenue that results from the increased By helping us retain and attract residents, professional appraisal. value of the new development,also called the redevelopment helps St.Anthony the"tax increment,"goes to pay site costs compete with developing suburbs Q. If my business is acquired, such as acquisition,demolition,water, and makes our community even stronger. when would that occur? sewer,utilities and street improvements. A.Acquisitions of the majority of properties Once the site costs have been paid,the tax Q. How can I continue to stay informed would likely occur in mid-2003 after a final increment will be distributed to all of the and be involved? development agreement has been approved. taxing jurisdictions. A.The City will continue to provide Q.As a business owner, when should I Q. Is this redevelopment a"sure thing"? updates d e on the Northwest project es Quadrant begin to looh for a new location? A. No.Redevelopment is a complex process quarterly newsletter Village Notes,the City A. It is always good to be aware of options. and requires many steps and cooperative website at wwwci.saint-anthonymn.us and However,at this time it is still too early to planning by the developer and the City.The through periodic updates of this newsletter. be absolutely certain if the redevelopment redevelopment project must meet the goals For more information,you may also contact will be successfully completed and when it of the community and pass the test of both the City offices at 612-789-8881,or will be completed.It is also important to market and financial feasibility.That is why for general updates,call the Hotline at note that while businesses are free to the process begins with a preliminary 612-706-1350. H3vgoisno_1V_LSOd 1d1lN3G1S3H S S M H 0 3 . . . Sn-uw,Cuorpun-JumS-preeM T888-68L-Z19 81455 NW',(uotinry'JS bOLZ oN mmad peoH 2n9l 13A11S i0££ NW'sgodnuuT QI�d a ftsod-S-fl Q.LS 'I'dSHd !llfffiiiiiilllJJl . City Council Regular Meeting Minutes October 22, 2002 Page 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 October 22, 2002 6 7 CALL TO ORDER 8 Mayor Hodson called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Mornson and City Attorney Jerry Gilligan. 17 18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF OCTOBER 22, 2002 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of October 22, 23 2002. 24 25 Motion carried unanimously, 26 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 III. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time and address the Council on items 32 that are not on the regular agenda. 33 34 Hearing none, Mayor Hodson moved forward with the agenda. 35 36 IV. CONSENT AGENDA. 37 A. Consider October 8, 2002 Council meeting minutes. 38 B. Consider licenses and permits. 39 C. Consider payment of claims. 40 41 Motion by Councilmember Thuesen to approve the Consent Agenda items. 42 43 Motion carried unanimously, 44 City Council Regular Meeting Minutes October 22, 2002 Page 2 1 V. FORUM ON LIQUOR REFERENDUM. 2 Mayor Hodson provided a presentation on the upcoming liquor.referendum,noting that on 3 November 5th several questions will be posed regarding on-sale liquor in St. Anthony. He 4 explained that if approved, it would allow family restaurants to have on-sale liquor. He noted the 5 current restaurants do not have an ability to sell wine or beer with a meal. He explained that in 6 meetings with developers, Mr. Mornson has been asked about this option. Currently the City 7 does not have the ability to issue on-sale, consumption on-site, liquor licenses. State law requires 8 voters authorize the liquor licensing authority to the City. The referendum will ask the residents 9 to vote on this issue in two questions as follows: 10 11 "Shall the City of St. Anthony be authorized to issue on-sale liquor licenses to hotels and 12 restaurants as provided in Minnesota Statutes, Section 340A.601?"and 13 "Shall the City of St. Anthony be authorized to issue Sunday on-sale liquor licenses as provided 14 in Minnesota Statutes, Section 340A.504?" 15 16 Mayor Hodson stated that St. Anthony is currently one of two cities that do not have the authority 17 to issue on-sale liquor licenses. If approved, St. Anthony would have'the ability to issue up to six 18 on-sale and Sunday on-sale liquor licenses but most likely less than that would be issued. The 19 City would also have the ability to define those guidelines and establish the regulations that 20 would be enforced and criteria used for these establishments. 21 22 Mayor Hodson reviewed the types of family restaurants that St. Anthony would be looking for 23 and stated he has received numerous resident requests for more unique restaurants. He stated he 24 believes the market will supply the demand as well as the demographics as the Northwest 25 Quadrant takes shape. 26 27 Mayor Hodson explained that if the referendum passes, it provides the City with an additional 28 option to operate at the Stonehouse Restaurant and Bar and in the dining community. He stated 29 the City may not necessarily issue six liquor licenses but would have that ability as well as the 30 ability to look at the types of restaurants coming into St. Anthony. Currently without the ability 31 to issue an on-sale liquor license, the City does not have the ability to negotiate with that type of 32 restaurant. 33 34 Mayor Hodson stated these two questions will be on the ballot and a simple majority is all that is 35 needed to pass. He encouraged anyone who does not know of their polling location to call the 36 City Hall. 37 38 Mayor Hodson asked if there were any questions from the audience members. 39 40 An audience member asked if a no vote is counted...Mayor Hodson stated a simple majority of 41 the ballots cast is needed. 42 43 An audience member asked the-name of the other city that does not have on-sale liquor. 44 City Council Regular Meeting Minutes October 22, 2002 Page 3 1 Mike Larson, Liquor Operations Manager,responded that the City of Wayzata has split liquor 2 and is the remaining municipality in the on-sale business in the metro area. 3 4 Councilmember Thuesen encouraged any residents viewing from home to call the City Hall if 5 they have questions regarding this item. 6 7 Mayor Hodson stated he has received only four telephone calls regarding the types of restaurants 8 or establishment coming into St. Anthony with specific concern about chain restaurants. He 9 stated currently the City has no options available to issue such a license until it is voted on and 10 approved. 11 12 Mayor Hodson asked if anyone would like to make comment. Hearing none, he moved on with 13 the agenda. 14 15 VI. REPORTS FROM COMMISSIONS AND STAFF. 16 A. Planning Commission Report—October 15, 2002. 17 18 Planning Commissioner Steeves introduced himself and stated he would like to report on the 19 Planning Commission action from their last meeting. He stated they discussed the request to 20 consider an ordinance related to second hand goods dealers and the intent is to appoint a small 21 committee at the next Planning Commission meeting to start looking at that issue. 22 23 1. Resolution 02-068, Building height and side yard variance request for Business 24 Data Record Services/Belair Excavation, 3015 —37th Avenue NE. 25 26 Mr. Steeves explained that Business Data Record Services has submitted demolition and 27 expansion plans at 3015 — 37`h Avenue Northeast. He noted they currently operate on 28 this site and would, under their proposal, demolish four existing buildings and construct a 29 new 40,000 square foot building. Mr. Steeves used a site plan to point out the location of 30 the proposed building. He noted the setback from Macalaster Drive is proposed to be five 31 feet. He also noted the Code requirement for a 35 foot setback. Thus a 30 foot setback 32 from Macalaster Drive is being requested. 33 34 Mr. Steeves stated they also proposed to add a stormwater detention pond at the northeast 35 end of the site which would be an added feature. He noted the configuration of the site 36 and truck route. He stated ample parking is proposed for this use. 37 38 Mr. Steeves presented a cross section from County Road D (37`h Avenue), noting the 39 location of the existing warehouses and new warehouse being proposed. He pointed out 40 the line of the permitted 35 foot maximum height and proposed 44 foot in height. Thus 41 the request for a nine foot height variance. Mr. Steeves then pointed out the downward 42 slope of the site,noting it would appear the building is not as high from County Road D. 43 44 Mr. Steeves stated Business Data Record Services constructed a similar building in New 45 Brighton and the use of the facility is to store documents. This business rents out space City Council Regular Meeting Minutes October 22, 2002 Page 4 1 by the cubic foot. This facility would store thousands of bankers boxes filled with 2 important documents their clients need to retain. The boxes are stacked on pallets, 3 palletized, and loaded with forklifts onto high racks. He stated currently the owners of 4 this company own the entire site and have several other sister companies that would be 5 moved to other locations. Then they would demolish those buildings to construct this 6 new 40,000 square foot building. 7 8 Mr. Steeves stated the applicants have been forthright, open, and cooperative. He stated 9 that no one on the Planning Commission wants to discourage business in St. Anthony or 10 this applicant from attempting to utilize this site to its fullest capacity. However, in 11 reviewing the application, the Planning Commission found it difficult, given the size and 12 construction of the building, to find that it met the requirements for a variance as set forth 13 in the City's Code. In order to consider a variance, the following findings must be met: 14 1) The property cannot be put to a reasonable use without the variance; 2) The 15 circumstances causing the hardship were not created by the owner; 3) The variance, if 16 granted, will not alter the essential character of the locality; and, 4) Economic 17 considerations alone are not the basis of the hardship. 18 19 Mr. Steeves stated that for the majority of the Planning Commissioners, it was felt the 20 applicant wanted to build the maximum sized building. However, they could construct a 21 building that meets the Code, though it may not be as cost effective. He noted they could 22 set the building back and lose about 7,000 square feet, drop the roof line to the allowable 23 height, and have a smaller sized building that could be used for the same purpose of 24 storage. Due to that, it was difficult for the Planning Commission to find that a variance 25 should be considered. 26 27 Mr. Steeves stated the applicant raised the issue of constraint due to the proximity of the 28 rail line and an Xcel utility easement through the site. He noted the location of the utility 29 easement and stated that would have minimal impact to construction as proposed. He 30 stated that easement has been mitigated quite well with the building shifted somewhat to 31 accommodate the full turning radius. However, the setback issue is on the Macalaster 32 Drive side,not the north side. 33 34 Mr. Steeves stated the railroad easement does not seem to greatly effect the location of 35 the building and has been accommodated reasonably well. He stated the stormwater 36 retention pond is required by the Rice Creek Watershed District and is also 37 accommodated. 38 39 Mr. Steeves stated that considering these issues, the Planning Commission did not find 40 the rationale met to consider granting a variance. 41 42 Councilmember Faust asked if the applicant indicated why the height variance was being 43 requested. Mr. Steeves stated the building height is partly driven by what is inside, large 44 racks that hold pallets. 45 City Council Regular Meeting Minutes October 22, 2002 Page 5 1 Councilmember Faust asked if it is an industry standard for height. Mr. Steeves stated the 2 height request was made due to how the material is stored. 3 4 Councilmember Faust asked if the Fire Department indicated concern. Mr. Steeves stated 5 they made no comment. 6 7 Councilmember Faust asked if they have exceeded lot coverage. Mr. Steeves stated that 8 was not addressed by staff. 9 10 Councilmember Faust asked about the sister companies on this site. Mr. Steeves stated 11 he does not know that information. 12 13 Councilmember Faust asked if there were neighborhood comments. Mr. Steeves stated 14 there were none. 15 16 Councilmember Horst asked how it was determined that the stormwater pond was 17 needed. Mr. Steeves stated the applicant informed the Planning Commission that the 18 Rice Creek Watershed District is making that requirement. 19 20 Mayor Hodson noted it was a 3-2 vote to recommend denial with two Commissioners 21 being absent. Mr. Steeves stated that is correct. 22 23 Councilmember Sparks asked Mr. Steeves to again read the variance requirements. Mr. 24 Steeves complied by reading them. 25 26 Mr. Steeves stated the Planning Commission was divided in its recommendation but the 27 majority felt the plan was being driven by the applicant's desire to have a large building 28 on the site to accommodate their business needs. 29 30 An unidentified resident asked what this building will cost the individual taxpayer and if 31 it will benefit St. Anthony residents. She also asked why the City is not getting 32 reimbursement from the company. 33 34 Mr. Steeves explained that this is an entirely privately funded project and the applicant is 35 requesting no public assistance. 36 37 Mayor Hodson asked about the increase in tax base as a result of this new building. 38 39 City Manager Mornson explained that in almost all cases with a building like this the City 40 is a winner from an expenditure point since the project will not cost the City anything and 41 will gain tax base. He noted the public services required for this type of business is very 42 low. 43 44 Mark Murlowski, Chief Executive with Belair Excavating, thanked the Mayor and 45 Council for this opportunity to present their application. He explained that Berger City Council Regular Meeting Minutes October 22, 2002 Page 6 1 Transfer constructed the first building on this site in 1959. He stated Berger Transfer is 2 over 90 years old, was established in 1910, and has become the largest Allied Transport 3 company in the United States. He reviewed their contribution to City events on a regular 4 basis, to parades, festivals, the fire department, and engineering department by providing 5 storage space at no charge. He stated Berger Transfer was named Business of the Year 6 for the City of St. Anthony several years ago. 7 8 Mr. Murlowski stated he has been working with Berger Transfer for over 25 years and 9 before that his father did. He stated that he is proud to be associated with Berger Transfer 10 and that this project requests no City assistance or TIF. It will be privately funded and is 11 a large job. He stated that each year Belair Excavating is involved with only 10 to 15 12 projects larger than this throughout the United States. He noted that within the current 13 economy, they are thankful to have Berger Transfer as a customer. He stated he 14 appreciates the question of the audience member about public assistance and assured 15 everyone that the project will be privately funded and nothing will be asked except for the 16 two variances. 17 18 Mr. Murlowski stated they are asking for relief from Code requirements they feel are 19 restrictive based on restriction that the land provides. He stated they are disappointed that 20 things did not go their way with the Planning Commission and will try to do a better job 21 tonight to explain reasonable use. 22 23 Mr. Murlowski stated the evidence discussed previously was proven, besides the 24 reasonable use item, and they are prepared to address that issue tonight. He stated the 25 most important thing he can talk about is that in today's business climate, businesses 26 cannot operate on the status quo because the world changed in 2000 and 2001 and 27 business intelligence needs to rise above that level. He stated if this is not built as a high- 28 pile storage business, he will guarantee the building will not be constructed and Berger 29 Transfer will remain unable to attract new customers or maintain the existing customer 30 base without this type of new construction. He stated a good example of the proposed 31 building is at 200 Old Highway 8 in New Brighton which was built about two years ago 32 as an addition to an older lower ceiling height building. He stated the New Brighton 33 building is 56,000 square feet and this proposed building would be 40,000 square feet. 34 35 Mr. Murlowski presented colored pictures of the New Brighton building, noting the 36 pleasing aesthetics by breaking up the wall panels. 37 38 Councilmember Sparks inquired regarding the relationship between Belair Excavating 39 and Berger Transfer. Mr. Murlowski stated Belair Excavating is the contractor for Berger 40 Transfer. He explained that BDRS has been in business for about 20 years and is a 41 business unit of Berger Transfer that supplies record transfer. 42 43 Councilmember Horst asked if the applicant is using an economic basis to say the 44 building will not be constructed unless at this size and height. Mr. Murlowski stated it is 45 somewhat driven by economics. However, architecturally for height and aisle widths, if City Council Regular Meeting Minutes October 22, 2002 Page 7 1 they don't get enough square footage, the building is not feasible. He stated this is a free 2 standing, clear span structure and if the ceiling height is lowered, it will loose one full 3 pallet height without question. 4 5 Jim White, JRP Architects representing the applicant, stated his firm was involved to 6 develop the site in New Brighton and has some history with Berger Transfer. He 7 explained that the New Brighton and electronic storage facilities are due too reach 8 capacity within 12 to 18 months. Thence the application to accommodate its increased 9 business. He explained that the cost to construct a building that is more square and tall is 10 lower than a building that is lower and more spread out. He stated that is one of the 11 economics and the optimum is 65 feet in increments. 12 13 Mr. White reviewed the boundaries of the existing site and noted Macalaster Drive is a 14 dead end street which ends in the location of the fence. The nearest residential structure 15 is an apartment building to the east. The project will sprinkle three existing buildings. 16 BDRS has been gradually improving the appearance and safety features of this site and 17 this project will continue that program by removing the four 40-year old buildings and 18 constructing a new structure of maintenance free materials that is sprinkled. The four 19 buildings to be removed are also not ADA compliant. 20 21 Mr. White stated since the Planning Commission meeting they have tweaked the site plan 22 to accommodate better utilization of the site and address some of the issues the Planning 23 Commission had raised. He stated the building will be of pre-cast concrete material 24 similar to the building in New Brighton. It will exceed the height restriction by nine feet 25 and be located in line with the existing electronic media storage building. With a five 26 foot setback there is no issue with snow storage and the Fire Marshal has indicated no 27 objections to the proposed building location or height. The placement accommodates the 28 utility easement and the retention pond being required by the Rice Creek Watershed 29 District. That pond would be located in an unbuildable corner location of the site. 30 31 Mr. White stated the site cross section illustrates the building will be about six or seven 32 feet taller than the highest building as measured from County Road D and would be 33 approximately the same height as the bridge where Silver Lake Road crosses over the 34 railroad tracks. 35 36 Mr. White asked the Council to take note that the City Engineer and Fire Marshal have 37 reviewed their application and voiced no objection. He stated this building will allow 38 BDRS to meet their clients' ever expanding business needs and increase the property tax 39 base by providing a more appealing looking building of maintenance free materials, 40 reduced fire risk, lower traffic congestion than currently exists, and improve the site 41 characteristics. 42 43 Councilmember Faust asked what changed when they "tweaked" of the site plan. Mr. 44 White noted that previously they did not indicate clearly the easement placement, where 45 trucks may be parked at the truck docks, truck turning radius, and need for trucks to park City Council Regular Meeting Minutes October 22, 2002 Page 8 1 to serve the new facility. He stated they did not change the building size or location,just 2 the use of the area surrounding the building. 3 4 Councilmember Horst asked if the justification for the building placement is to create the 5 turning radius needed for trucks. Mr. White stated that is correct. 6 7 Mr. Murlowski stated it is causing them to push the overhead doors more to the east 8 within the setback area. He noted that this land is irregular in shape and very difficult for 9 construction which pushes the building towards the substation access. 10 11 Mr. White stated another point is that the existing buildings on the site are used for the 12 same purpose. He clarified the other buildings are used for storage, but not for document 13 storage. 14 15 Councilmember Thuesen stated when the Planning Commission receives the request, 16 their consideration needs to be more than whether you want it or not. He stated that 17 normally when receiving Planning Commission recommendations, he agrees with it and 18 believes it has been very well thought out. However, in this case he is questioning it. He 19 stated that to him it appears the land cannot be put to a reasonable use that meets their 20 criteria without the variances being granted. He stated he believes the circumstance was 21 not created by the owner and if granted would not alter the essential character. He noted 22 that if anything, the character will be improved through the holding pond, nicer aesthetics 23 of the building, removal of the 40-year old buildings, and reducing the level of traffic. He 24 stated that the economic considerations may need a harder look but it does not appear to 25 him that it is solely economics. He noted that ADA compliance is another improvement 26 and this is only six to seven feet higher in a dead-end industrial area that is not out of 27 character with the appearance of the area. He stated he thinks the City would benefit if 28 this application is approved. 29 30 Councilmember Thuesen stated St. Anthony is looking to work with business and keep 31 good businesses so if the City Attorney has no problem, he thinks this holds a lot of 32 potential. 33 34 Councilmember Horst stated he spent six years on the Planning Commission and knows 35 that with any variance request, you do not have luxury of an elected official; you were 36 allowed a set of criteria and your determination is whether the application meets or does 37 not meet that criteria. You do not have the ability to determine whether it is a good or 38 bad project,just whether it meets the City's criteria. Councilmember Horst stated it is a 39 difficult situation with this type of building to find that all of the criteria that are needed 40 for a variance are met. He stated the Planning Commission did the right thing in 41 recommending denial. However, as public officials and being responsible to the voters, 42 the City Council has the ability and duty to try to work with businesses, especially an 43 exemplary business like Berger Transfer who has worked with St. Anthony for many 44 years. 45 City Council Regular Meeting Minutes October 22,2002 Page 9 1 Councilmember Horst stated it is not unprecedented that the Planning Commission may 2 be reversed and he thinks in this case it is warranted. He stated it is more beneficial to the 3 City to have this project than it is to stick with the letter of the law, which is what the 4 Planning Commission is required to do. Councilmember Horst commended the Planning 5 Commission for their work and stated he thinks the Council needs to look beyond that 6 and at what is good for business. 7 8 City Attorney Gilligan explained that undue hardship is required by the Code and that is a 9 difficult standard to apply in some cases. He stated that in what he saw from the 10 testimony, the NSP utility easement pushes back the building, required parking, and truck 11 movement, and the diagonal railroad easement also pushes the building towards 12 Macalaster Drive. He stated.those are circumstances that can be cited for an undue 13 hardship. 14 15 Councilmember Faust stated that he also served on the Planning Commission and realizes 16 that is a difficult position to be in. He stated the Planning Commission did the right thing 17 to make a recommendation so it can be considered by the Council. He stated that when 18 he looks at the application conditions he thinks the uniqueness of the property and 19 surrounding areas makes it unique in that only certain uses can be made of this property. 20 He stated he thinks this project will make the neighborhood better and is the compelling 21 reason for him to consider granting the variance. He stated he appreciates that they are 22 good neighbors,but that is not a consideration under this application. 23 24 Councilmember Faust stated that he does not want the Planning Commission to take that 25 as a vote of no confidence, should the variances be approved. He stated he would vote in 26 favor of the variance. 27 28 Councilmember Horst stated Berger Transfer made compelling arguments to satisfy some 29 of the criteria and should that have been done before the Planning Commission it may 30 have been easier for them during their deliberations. 31 32 Councilmember Sparks indicated she has nothing to add to what has already been stated. 33 34 Mayor Hodson explained that for the last three years St. Anthony has been involved with 35 being a smart growth livable community and the City is rethinking all development in St. 36 Anthony in the spirit of smart growth and livable community standards. Mayor Hodson 37 stated that considering the circumstances with the lot size and density request, he would 38 support this application. He noted that to do otherwise may be questioned by the 39 Metropolitan Council. 40 41 Mayor Hodson reviewed language that would approve the two variance requests. 42 43 City Attorney Gilligan stated the draft resolution can be amended to include those criteria. 44 City Council Regular Meeting Minutes October 22, 2002 Page 10 1 Motion by Councilmember Faust to adopt Resolution 02-068, Approving Building Height 2 and Side Yard Variances for Business Data Record ServicesBelair Excavation, 3015— 3 37th Avenue NE.,based on the following rationale: 4 1 5 "The City Council having due consideration for the recommendation of the Planning 6 Commission has reviewed the variance requests and believes that the utility and railroad 7 easement over the property and the new water retention pond required to be located on 8 the property in connection with the construction of the proposed building present an 9 undue hardship because of circumstances unique to the property not created by the 10 owners of the property and the variances if granted will not alter the essential character of 11 the City." 12 13 Councilmember Horst asked if the draft resolution will be renamed or a new resolution be 14 drafted. City Attorney Gilligan stated the resolution will be redrafted with this new 15 language and citing a hardship finding. 16 17 Motion carried unanimously. 18 19 Mr. White thanked the Planning Commission for their assistance and stated they were 20 very good to work with. 21 22 B. Engineering Project Update—Todd Hubmer, WSB &Associates. 23 Mayor Horst welcomed Todd Hubmer, WSB &Associates,to the meeting. 24 25 Mr. Hubmer addressed the Council and provided an update on six engineering issues as follows: 26 27 Wellhead Protection Plan. Mr. Hubmer noted the meeting packet contains a number of figures 28 that the Ramsey County Soil and Water Conservation District (SWCD)has completed for the 29 City of St. Anthony for ground water modeling. He has reviewed that information with them and 30 will be meeting with the Minnesota Department of Health at the end of the month to discuss 31 those results and to define the Wellhead Protection limits within St. Anthony. That information 32 will be presented to the City Council once completed. 33 34 Water and Sewer Study. Mr. Hubmer stated they have completed the St. Anthony Water Needs 35 and Sanitary Sewer Studies. He stated this Study has been provided for the Council's review and 36 included a summary of the information used to evaluate the water and sewer needs. Mr. Hubmer 37 noted the list of recommended improvements and implementation dates, and displayed a chart .38 contained in the Study identifying population projections with lower and upper estimates. 39 40 Councilmember Horst asked if larger utility lines will be constructed should the higher 41 population range be met. Mr. Hubmer stated that is correct as well as maintenance and system 42 performance issues. 43 44 Mr. Hubmer reviewed the recommendation section which had been modified based on City staff 45 input. He noted the water and sanitary sewer system recommended improvements have been City Council Regular Meeting Minutes October 22, 2002 Page 11 1 prioritized from one to fourteen and probable costs included. Mr. Hubmer provided specifics on. 2 each of the improvements and explained the rationale for the ranking. 3 4 Councilmember Horst asked if the priority is listed as high for the new water main at Kenzie 5 Terrace based on current development. Mr. Hubmer stated it is standard engineering practice to 6 loop water services should a break occur, to sustain fire protection, and improve water quality. 7 8 Councilmember Thuesen asked if the City lost an opportunity to make these improvements 9 during a past construction improvement project. Mr. Hubmer stated that improvements have 10 been made during current street projects. He stated he does not think the City has missed an 11 opportunity to complete this project during a past construction project. 12 13 Councilmember Horst asked if a new water filtration system is being considered. Mr. Hubmer 14 stated it is not and would be the chlorine injection system. 15 16 Councilmember Thuesen asked if it is realistic to renovate the treatment facility at this point and 17 if it wore out more rapidly than anticipated. Mr. Hubmer stated it is realistic maintenance since 18 most systems have a service life of 20 to 30 years. They are looking at a maintenance program to 19 replace valves,meet code requirements, and safety requirements. 20 21 Mr. Humber stated that St. Anthony has a secure water system but new mandates have been 22 issued for each City to prepare a water security strategy plan. 23 24 Councilmember Thuesen asked about the recommendation to continue to identify and eliminate 25 inflow infiltration. He asked about results on what has been done so far and if there are 26 measurable results. Mr. Hubmer stated there are preliminary indications and the Metropolitan 27 Council notified St. Anthony two weeks ago that with the record rainfall, the infiltration rates in 28 the sanitary sewer have been very high. He stated there will probably be an increase in sanitary 29 sewer treatment rates in the range of 20-35%. Mr. Hubmer stated he and Roger Larson will 30 review those numbers and verify with the Metropolitan Council that their equipment is operating 31 correctly. 32 33 Councilmember Thuesen stated 15% of the flow is through I/I and asked if the City should be 34 more aggressive to identify and eliminate I/I problems. Mr. Hubmer stated there are several 35 residents who have addressed those issues through the public information process. He stated for 36 residents that have sanitary backup problems, this is their highest priority. 37 38 Mr. Hubmer stated that two years ago the City said they'd do an assessment in 2003 to evaluate 39 the effectiveness of improvements and to evaluate options to further reduce I/I, if necessary. He 40 stated that the street reconstruction projects have addressed the drainage concerns and have been 41 supported by residents. 42 43 Councilmember Thuesen asked if the problem with I/I is dumping sump pump water into the 44 sanitary sewer. Mr. Hubmer stated that some residents have passive drain file connections to the City Council Regular Meeting Minutes October 22, 2002 Page 12 1 sanitary sewer,which do not have sump pumps, and may not even know that they are discharging 2 clear water into the sanitary sewer. 3 4 Councilmember Thuesen asked if that area should be looked at more closely during the 2003 5 study. Mr. Hubmer answered in the affirmative. 6 7 Councilmember Thuesen asked about the houses that are not metered. Mr. Hubmer stated there 8 are a small number of houses in St. Anthony that flow into Roseville or Minneapolis but it is felt 9 that it is not worth the cost to meter. 10 11 Councilmember Thuesen asked about the areas being picked out with the flows and trying to get 12 a rough idea of the flow. He asked if the City should be concerned whether the flow has been 13 estimated correctly and won't be worse than estimated. Mr. Hubmer stated that issue will be 14 raised with the Metropolitan Council. He stated the Metropolitan Council recognizes the need to 15 replace the meter on Lowery Avenue and since they have now indicated the flows are higher than 16 in the past, staff will raise the issue of the older meters and need to provide a more accurate 17 picture. 18 19 Councilmember Sparks stated Mr. Hubmer has identified a lot of projects for the next few years 20 and asked if this is above and beyond the City's normal maintenance projects or if the City has 21 the tax-revenue to do these projects. Mr. Hubmer stated that is a good question about whether 22 the City has the revenue to do these projects. He stated he will be speaking with staff about 23 funding and will return with options for funding and impact on the community. 24 25 Councilmember Faust noted it has been suggested to replace motor controls at wells 3, 4 and 5 to 26 get a better rate to do all at the same time. He stated that typically they do not buy all the police 27 cars at one time,but integrate it over a number of years as the City does with the streets projects. 28 He asked if the wells are worn out now. Mr. Humber stated if you do the work at the same time 29 the mobilization costs will only be charged once. And, if they can purchase controls in quantities 30 of more than one, there will be a price break. The labor will also be better for three consecutive 31 jobs. Mr. Humber stated if the wells are done one at a time, that may better fit the City's budget 32 and is an option since the City is not in eminent danger of losing a well. However it is a high 33 priority project. 34 35 Councilmember Faust stated that strategically the City may be wise to phase the work so the 36 wells do not all wear out at one time. He asked staff to look at that option. 37 38 Mr. Morrison stated that he, Mr. Hubmer,Mr. Larson, and financial consultants will meet to put 39 together a financial plan for these projects. He stated that information will be provided at the 40 November 12th meeting since some of the projects may be ordered at the beginning of next year. 41 He noted the funding may involve rate increases, grants, or Metropolitan Council monies. 42 43 Councilmember Sparks asked if the City will assume the responsibility for the Northwest 44 Quadrant improvements. Mr. Morrison stated that is an area of negotiation and could be funded 45 through assessments. However if assessed the property may not be redeveloped. He stated there City Council Regular Meeting Minutes October 22, 2002 Page 13 1 could be a special taxing district for that area and those negotiations are yet to be undertaken. 2 Mr. Mornson stated the developer may not want to build up to 700 homes if the City does not 3 have the sewer capacity to handle them. 4 5 1999 Street Reconstruction. Mr. Hubmer stated the resident has requested this item not be 6 considered tonight. 7 8 2001 Street Reconstruction. Mr. Hubmer stated that the project is 100% complete. There will be 9 ongoing maintenance issues, such as dead trees to be replaced. Recently an additional retaining 10 wall was constructed for some residents adjacent to the pond. Mr. Humber stated that he had met 11 with the contractor to discuss the completion of warranty work on driveways that did not meet 12 inspection. 13 14 2002 Street Reconstruction Project. Mr. Hubmer stated the utility work is 100% complete, 15 driveways are in, and the contractor is bringing in topsoil, cleaning the site, and preparing for 16 sod, weather permitting. 17 18 C. Resolution 02-067 re: Authorizing Advertising for Bids for the 2003 Street Projects. 19 Mr. Hubmer stated this project includes the reconstruction of Edward Street from 33rd Avenue 20 NE to 34th Avenue NE; Belden Drive from 33rd Avenue NE to 34th Avenue NE; and 34th 21 Avenue NE from Stinson Boulevard to Silver Lake Road. He stated they will do several things 22 differently in 2003 to phase the project. He advised of the phases being proposed and how they 23 will provide information to residents should questions arise. Street reconstruction updates will 24 be provided every other week to bring everyone up to speed. 25 26 Mr. Hubmer stated they held a public information meeting and residents had some concerns 27 related to special access which can be addressed. He noted the project construction schedule 28 29 Councilmember Thuesen stated they discussed communication options,placing it on the website 30 and including it in newsletters. He stated he appreciates this effort to better communicate with 31 residents which will make their lives easier. 32 33 Mr. Hubmer stated they anticipate receiving bids and computing assessments in December of 34 2002, approving resolutions on improvement hearing and special assessments in January of 2003, 35 holding the public hearing for the project and assessments, award the bid and call for bond sales 36 in February of 2003, award the sale of bonds in March of 2003,begin construction in May of 37 2003, substantial completion of construction in October of 2003, certifying assessments to the 38 County Auditor in August of 2003, and final completion of construction in July of 2004. 39 40 Motion by Councilmember Sparks to adopt Resolution 02-067, Authorizing Advertising for Bids 41 for the 2003 Street Projects. 42 43 Motion carried unanimously. 44 City Council Regular Meeting Minutes October 22, 2002 Page 14 1 Mayor Hodson stated his concern is the cost estimated for the sewer and water system 2 improvements. He stated there is work ahead of the Council on how to pay for all of these 3 improvements that are necessary repairs. 4 5 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 6 None. 7 8 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 9 Mr. Mornson stated there will be a joint meeting with the School Board at 6:00 p.m. next 10 Tuesday at the High School Media Center. 11 12 Mr. Mornson stated the Salvation Army will be holding an open house next Wednesday from 13 3:00 to 5:00 p.m. and in this facility from 6:00 to 8:00 p.m. 14 15 Mr. Mornson stated the North Metro Mayor's Association has requested the City's possible 16 participation in that organization. That has not been discussed formally but the Council can 17 informally attend the meeting tomorrow night. Mr. Mornson stated funds have not been 18 budgeted to join this organization but funds could be used from the EDA. He suggested that the 19 Council can discuss if they want to join at the December 9, 2002 budget meeting. 20 21 Mr.Mornson stated the closing of the Hardees site to Culver's Restaurant will be held on 22 Monday, October 28, 2002. 23 24 Councilmember Horst had nothing to report. 25 26 Councilmember Sparks had nothing to report. 27 28 Councilmember Thuesen had nothing to report. 29 30 Councilmember Faust stated the Council received information from the League and should vote 31 for the top five issues they feel are important. 32 33 Councilmember Faust stated a candidate forum was sponsored by the Chamber a week ago 34 Monday and reminded all to vote on November 5, 2002. 35 36 Councilmember Faust stated he met several times with Ehlers in preparation for the Metropolitan 37 Council meeting on October 16, 2002. He stated he appeared before the Metropolitan Council 38 Livable Communities Development Act Committee which is made up of 15 members. He stated 39 they asked questions about the project and funding. The Metropolitan Council has $6 million in 40 funding and St. Anthony asked for$3,250,000. He stated he told them the City could phase 41 some of the project in order to help them assist St. Anthony and came away with fairly good 42 review. He stated it was an interesting meeting. 43 44 Mr. Mornson stated that 40 communities applied for$45 million dollars and the Metropolitan 45 Council has only$6 million to give out. He stated Councilmember Faust had 15 minutes to City Council Regular Meeting Minutes October 22, 2002 Page 15 1 make that presentation and noted the awards will be announced at a meeting next Wednesday, 2 October 30, 2002,by Chair Ted Mondale. 3 4 Councilmember Faust stated if St. Anthony is awarded some money, he would encourage all to 5 attend the presentation since he was one of two elected officials to make the presentation before 6 the Metropolitan Council. He stated the Mayor was out of town so he was able to make that 7 presentation and he believes that weights well in the favor of St. Anthony to show they are a 8 team and support each other and the efforts of the City. 9 10 Mayor Hodson thanked Councilmember Faust for making that presentation and stated he enjoys 11 the Council working together as a team. 12 13 Mayor Hodson reported on the transportation conference he attended in Chicago. 14 15 Mayor Hodson announced that he will hold another Coffee with the Mayor on November 2, 2002 16 from 8:00 to 10:30 a.m. He stated this will be a time he can answer questions on the upcoming 17 referendum,Apache redevelopment,or other issues. He stated recent sessions have been 18 excellent with great feedback being received from residents. 19 20 IX. INFORMATION AND ANNOUNCEMENTS. 21 None. 22 23 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 24 None. 25 26 XI. ADJOURNMENT. 27 Motion by Councilmember Faust to adjourn the meeting at 9:00 p.m. 28 29 Motion carried unanimously. 30 31 Respectfully submitted, 32 33 34 Carla Wirth 35 Timesaver Off Site Secretarial, Inc. 36 37 Mayor 38 ATTEST: 39 City Clerk 40 City Council Regular Meeting Minutes November 12, 2002 Page 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 November 12, 2002 6 7 CALL TO ORDER 8 Mayor Hodson called the meeting to order at 7:05 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Morrison. 17 18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF NOVEMBER 12,2002 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of November 23 12, 2002. 24 25 Motion carried unanimously. 26 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 III. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time and address the Council on items 32 that are not on the regular agenda. Hearing none, Mayor Hodson moved forward with the 33 agenda. 34 35 IV. CONSENT.AGENDA. 36 37 1. Consider October 22, 2002 Council meeting minutes 38 2. Consider licenses and permits. 39 3. Consider payment of claims. 40 4. Resolution 02-069. re: Approve submittal of 2003 Ramsey County SCORE Funding 41 Grant Application/Program. 42 5. Resolution 02-070 re: Approve 2003 Salary of St Anthony City Manager. 43 44 Motion by Councilmember Thuesen to approve the Consent Agenda items. 45 46 Motion carried unanimously. City Council Regular Meeting Minutes November 12, 2002 Page 2 1 V. PUBLIC HEARINGS. 2 None. 3 4 VI. REPORTS FROM COMMISSIONS AND STAFF. 5 A. Update on Sewer/Water Study, Todd Hubmer, WSB &Associates 6 Mayor Hodson welcomed Todd Hubmer, WSB &Associates, to the meeting. 7 8 Mr. Hubmer addressed the Council and provided an update on the Sewer and Water Study. He 9 reviewed the results of the Sanitary Sewer and Water Studies. Mr. Hubmer noted the study 10 broke down into three categories, immediate maintenance needs, non-recurring maintenance 11 improvements and development driven improvements. 12 13 Mr. Hubmer reviewed the immediate maintenance needs for the City of St. Anthony and noted 14 the total cost for these improvements would be $2,429,000. He overviewed the non-recurring 15 maintenance improvements and stated these improvements would be $1,049,000. Mr. Hubmer 16 stated the development driven improvements would cost around$3,129,000, for a total of 17 $6,600,000 in water and sewer improvement needs. 18 19 . Councilmember Thuesen reiterated to the residents that the City is preparing a water security 20 strategy plan as a result of the 9/11 incident and was a necessary mandated expense. 21 22 Councilmember Sparks asked if the funding of these items were going to be discussed. Mr. 23 Hubmer noted this would be addressed under Item VI B. 24 25 B. Ordinance 2002-006, re: Water Rate Increase(1st Reading). 26 Mr. Hubmer reviewed the water rate increases with the Council. He noted the high level of 27 rainfall this past year led to a higher water treatment cost for the City of St. Anthony. He noted 28 with these treatment costs and increase in water rates, the quarterly water rates would go from 29 $31.80 per quarter for the average senior to $36.30 per quarter for 2003. He noted these rates 30 were for minimum usage by a resident. 31 32 Mayor Hodson asked if the suggested increases would cover all of the water and sewer 33 maintenance needs proposed. Mr. Hubmer stated he feels this would be sufficient as new 34 revenue sources would continue to develop throughout the City, and with the additional funding 35 created by the proposed adjustments in the water and sewer rates these improvements would be 36 covered. He noted the proposed maintenance items would have a total net increase of$28.56 per 37 quarter. 38 39 Councilmember Thuesen asked if filtration funds could be used to cover some of these water and 40 sewer improvement expenses. Mr. Hubmer stated the filtration funds are more of a safeguard . 41 and are not used to cover improvements to city water and sewer. 42 43 Councilmember Sparks stated she felt the non-recurring maintenance improvements should have 44 priority at this time, especially the need for increased infiltration monitoring. She asked if the 45 Mississippi Watershed Management Organization could assist in funding the infiltration issues. 46 Mr. Hubmer stated he has been in discussion with this organization but stated this has been an City Council Regular Meeting Minutes November 12, 2002 Page 3 1 ongoing concern for the City. He noted there are many numerous ways of addressing'this issue, 2 and noted future grants could be proposed. 3 4 Councilmember Thuesen agreed with Councilmember Sparks as to the importance of the 5 infiltration issue. Councilmember Sparks suggested a grant be drafted to the WMO regarding 6 infiltration concerns within the City of St. Anthony. 7 8 Councilmember Faust reviewed the proposed increases stating the average yearly cost would go 9 from $89.04 to $101.64. He indicated these rates reflected a$12.60 increase per quarter and 10 asked if this was correct. Mr. Hubmer stated these were the correct numbers. 11 12 Councilmember Faust asked what Mr. Hubmer felt-the expense of I/I(Infiltration/Inflow)was to 13 the average resident and asked if there was a way to pass these expenses on to those residents at 14 fault. He noted it costs the City roughly$40,000-60,000 per year. 15 16 Councilmember Faust suggested bonding the$40,000-60,000 to improve the infrastructure to 17 eliminate the I/I instead of this continuing year after year with a revolving fund. Councilmember 18 Thuesen agreed stating he feels the residents deserve the I/I to be fixed and improved to reduce 19 on-going expenses residents city-wide. 20 21 Councilmember Horst stated an III inspection could be done at the time a home sells within the 22 City. He noted it would be expensive to do inspections working towards a resolution of the I/L 23 Mr. Hubmer indicated these inspections are being done at this time and noted 50%of the houses 24 have been inspected and brought up to code. 25 26 Mr. Mornson stated in 1998 the Council suggested voluntary compliance and noted this 27 discussion could be reintroduced at a work session meeting. 28 29 Councilmember Faust stated he would like to take a look at this to address the fees associated 30 with fixing the problem versus the establishment of a revolving fund to cover the expense. The 31 Council agreed. 32 33 Councilmember Sparks asked how the Council stands on the rate increases. Mr. Hubmer 34 indicated he is proposing a rate increase to roughly$101.64 per quarter or$36.30 for the 35 minimum bill. 36 37 Councilmember Horst stated he feels this is an immediate need and agrees with the rate increase 38 as proposed. 39 40 Councilmember Sparks asked what the total increase would be, in terms of dollars over a year. 41 Mr. Hubmer stated these improvements would raise taxes $114.24 for the average consumer or 42 $40 for the minimum bill residents for the maintenance improvements and the water rate 43 increases over.the course of a year. 44 City Council Regular Meeting Minutes November 12, 2002 Page 4 1 Councilmember Thuesen noted this increase does not correct the I/I issue. Councilmember 2 Horst agreed but stated the proposed improvements do create a revolving fiend to address the 3 infiltration issues. 4 5 Mr. Hubmer informed the Council proposed increases could be reduced if the average rainfall is 6 less than this years rainfall 7 8 Councilmember Horst added that if the UI issues were addressed separately, it would also help 9 reduce future rate increases to the residents. 10 11 Councihnember Sparks suggested moving the I/I issue up as a higher priority. Councilmember 12 Horst noted this was not within the Ordinance but could be addressed within a goal setting 13 session. 14 15 Councilmember Thuesen asked if this item were a higher priority if the WMO would provide 16 more funding to the City. Mr. Hubmer indicated this was highly doubtful. 17 18 Motion by Councilmember Horst to approve first reading of Ordinance 2002-006,re: Water Rate 19 Increase. 20 21 Motion carried unanimously. 22 23 24 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 25 A. Ordinance 2002-007, re: Amend Ordinance on Fee Schedule 26 Mr. Mornson presented the draft ordinance to the Council. He explained that the fee schedule 27 adjustments would make the City's fee schedule comparable to neighboring communities. 28 29 Councilmember Faust stated he would like to see the fees for the City of St. Anthony consistent 30 with neighboring communities. The Mayor concurred. 31 32 Councilmember Faust asked if these fees could be raised in the middle of the year. Mr-' Mornson 33 stated this would not be a concern. 34 35 Motion by Councilmember Thuesen to approve third reading and adopt Ordinance 2002-007, re: 36 Amend Ordinance on Fee Schedule. 37 38 Motion carried unanimously. 39 40 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 41 Mr. Mornson reported the water and sewer rate ordinance would have the second and third 42 readings later this month and at next month's meeting. He noted an article would also be written 43 for the residents to educate them on the proposed rate increases and water and sewer 44 improvements. 45 46 Councilmember Horst had no report. City Council Regular Meeting Minutes November 12, 2002 Page 5 1 Councilmember Sparks had no report. 2 3 Councilmember Thuesen had no report. 4 5 Councilmember Faust had no report. 6 7 Mayor Hodson indicated the Northwest Quadrant Project is moving along well with the task 8 force reconvening soon. He stated an open house would be proposed once this concept was 9 further along and developed. Mayor.Hodson noted he would be meeting with Metro Transit to 10 address bussing issues with area seniors, and how to get them to local destinations. 11 12 IX. INFORMATION AND ANNOUNCEMENTS. 13 None. 14 15 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 16 None. 17 18 M. ADJOURNMENT. 19 Motion by Councilmember Sparks to adjourn the meeting at 7:58 p.m. 20 21 Motion carried unanimously. 22 23 Respectfully submitted, 24 25 26 Heidi Guenther 27 Timesaver Off Site Secretarial, Inc. 28 29 Mayor 30 ATTEST: 31 City Clerk 32 City Council Regular Meeting Minutes November 26, 2002 Page 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 November 26, 2002 6 7 CALL TO ORDER. 8 Mayor Hodson called the meeting to order at 7:00 p.m. 9 10 PLEDGE-OF ALLEGIANCE. 11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Mornson. 17 18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL'OF NOVEMBER 26, 2002 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of November 23 26, 2002. 24 25 Motion carried unanimously. 26 27 IL PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 111. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time and address the Council on items 32 that are not on the regular agenda. 33 34 Jim Wiehoff, 3508 Coolidge Street NE, stated he has lived in St. Anthony for 40 years and has 35 questions about how many people are driving unmarked cars paid for by St. Anthony Village. 36 37 Mr. Mornson stated City-owned vehicles are driven by the Fire Chief, Public Works Director, 38 Fire Chief, and Detective of the Police Department. 39 40 Mr:Wiehoff stated his concern is that the vehicles are not marked so staff may be able to use 41 them for personal use. Mr. Mornson stated it would not be acceptable to use a City vehicle for 42 personal use. These vehicles are only used for emergency use and by employees who are on-call 43 24 hours a day and seven days a week. 44 45 Mr. Wiehoff stated he would prefer that the cars have a City decal so residents are sure that the 46 vehicles are owned by the City. 47 City Council Regular Meeting Minutes November 26, 2002 Page 2 1 Councilmember Thuesen noted that it is not uncommon for the Police Department to have and 2 use unmarked cars.. 3 4 Mr. Wiehoff stated he is talking about the car of the Fire Chief since he also works at the City of 5 Roseville and he wondered if St. Anthony covers all the costs when the car is used in Roseville. 6 7 Mr. Momson stated that car is only used for St. Anthony business. 8 9 Mr. Wiehoff stated his preference for policies used in private corporations where the car has to 10 be left behind and not taken home after work. 11 12 Hearing no one else,Mayor Hodson moved forward with the agenda. 13 14 IV. CONSENT AGENDA. 15 16 A. Consider November 23, 2002 Minutes of the Canvassing Board 17 B. Council November 12, 2002 Council meeting minutes 18 C. Consider licenses and permits 19 D. Consider payment of claims 20 E. Ordinance 2002-006.re: Amend water rates (2nd reading) 21 F. Ordinance 2002-0007, re: Amend license fees (2nd reading) 22 23 Motion by Councilmember Sparks to approve the Consent Agenda items. 24 25 Motion carried unanimously. 26 27 V. PUBLIC HEARINGS. 28 None. 29 30 VI. REPORTS FROM COMMISSIONS AND STAFF. 31 Mr.Mornson stated he has nothing new to report. 32 33 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 34 A. Ordinance 2002-008 re: Disposal of garbage 35 Mr.Momson reviewed the ordinance with the Council and indicated that this information was 36 provided at the last meeting. He advised of Code enforcement issues with multi-family uses and 37 that when a tenant vacates they often leave behind garbage. This ordinance states that the 38 building owner is responsible for the cost to remove that garbage. He recommended first 39 reading tonight with second reading and adoption to take place at the meeting of December 9, 40 2002. 41 42 Motion by Councilmember Thuesen to approve first reading of Ordinance 2002-008, re: 43 Disposal of garbage. 44 45 Motion carried unanimously. 46 47 B. Resolution 02-071. re: Commission appointments City Council Regular Meeting Minutes November 26, 2002 Page 3 1 Motion by Councilmember Faust to adopt Resolution 02-071, re: Commission appointments. 2 3 Mayor Hodson reviewed the Commission appointments with the Council as follows: 4 5 North Suburban Communications Commission—Clarence Ranallo 6 Parks Commission—Dan Ganley and Julie Gebhardt 7 8 Motion carried unanimously. 9 10 Mr. Mornson noted the interview of candidates for the two Planning Commission openings 11 would occur on December 9, 2002 at 5:45 p.m. with the appointment being made at the Council 12 meeting that night. 13 14 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 15 Mr.Mornson noted the memorandum detailing the Year 2002 Mayor and Council participation 16 on outside organizations and asked the Council to consider appointments to be made for 2003. 17 18 Councilmember Faust stated he serves on the League of Minnesota Cities committee and would 19 prefer to stay on that appointment since there is some benefit to longevity with that appointment. 20 21 Mayor Hodson agreed that changing appointments each year stops momentum as well as 22 relationships that have been built. 23 24 Councilmember Horst noted that the Planning Commission and Parks Commission Liaison 25 appointments are usually changed each year to provide some variation in the representation. 26 27 Councilmember Thuesen stated he would like to serve as the Planning Commission Liaison and 28 to remain on the Northwest Youth and Family Services. 29 30 Councilmember Sparks stated the Community Prevention Coalition is now called the Family 31 Services Collaborative. 32 33 Mayor Hodson stated he is serving on the League of Minnesota Cities Transportation Advisory 34 Board 35 36 Mr. Mornson asked Councilmember Horst if he'd like to stay on the Community Services 37 Advisory Council. Councilmember Horst indicated he would. 38 39 Following discussion, consensus was reached on the following.appointments: 40 41 Mayor Hodson—Chamber of Commerce; League of Cities Transportation Advisory Board; and 42 Northwest Suburban Cable Commission Alternate. 43 44 Councilmember Thuesen—Northwest Youth&Family Services; Friends of the Library; St. 45 Anthony Orchestra; and Planning Commission Liaison. 46 City Council Regular Meeting Minutes November 26, 2002 Page 4 1 Councilmember Horst—Community Services Advisory Council; Alternate to Middle 2 Mississippi Watershed District; VillageFest; and Association of Metropolitan Municipalities. 3 4 Councilmember Sparks—ACTION; Middle Mississippi Watershed District; Family Services 5 Collaborative; Kiwanis; and Park Commission Liaison. 6 7 Councilmember Faust—Alternate to Cable Commission; League of Minnesota Cities; Sister 8 City; Chamber of Commerce; and Northeast Diagonal Use/Transit Policy Advisory Committee. 9 10 Councilmember Sparks asked if the change in commission liaison is effective immediately. Mr. 11 Mornson stated they are effective after the first of the year. 12 13 Mr. Momson stated he is working with Hennepin County to vacate a large easement they own on 14 88th Street and St. Anthony Boulevard, in front of the Stonehouse. He stated the City has an 15 easement called the Silver Lake Road extension which they could vacate in exchange for the 16 County easement. He noted that will make it easier to entertain redevelopment proposals. 17 18 Mr. Mornson noted the December and January meeting calendar. The Council asked staff to 19 provide a meeting calendar each month. 20 21 Mr. Momson reviewed the meeting dates and advised that a second Northwest Quadrant 22 Redevelopment meeting will be held with the recommendation presented to the Task Force. 23 24 Mr. Mornson stated the upcoming worksession will include a presentation about the liquor 25 referendum and related issues. 26 27 Councilmember Horst had no report. 28 29 Councilmember Sparks advised that the Middle Mississippi Watershed Management 30 Organization (WMO)has been in development for a long time and is finally funded and staffed 31 with a director and assistant director. She stated they are in the process of allocating funds for a 32 number of big projects,mostly in Minneapolis, and will determine how to assure adequate public 33 input. 34 35 Councilmember Hodson asked what the Middle Mississippi WMO is. 36 37 Councilmember Sparks explained that there are several types of watershed organizations that are 38 mandated by the State. This is part of two watersheds: Rice Creek and Middle Mississippi 39 WMO. The City does not have representation on the Rice Creek Watershed District. She 40 explained the purpose of this WMO. 41 42 Councilmember Hodson asked if St. Anthony should pursue representation on the Rice Creek 43 Watershed District. 44 45 Councilmember Sparks advised that Todd Hubmer keeps in close contact with the Rice Creek 46 Watershed District. 47 City Council Regular Meeting Minutes November 26,2002 Page 5 1 Councilmember Faust explained that the watershed boundaries are established by how water 2 flows. Councilmember Sparks stated that is correct,but realistically cities go in and out of 3 watersheds even though they are to be geologically based. She advised that Falcon Heights 4 pulled out of the Mississippi.WMO. 5 6 Councilmember Sparks stated St. Anthony makes up less than 1%of the Middle Mississippi 7 watershed but is given one full vote on the board of five. She explained that at some point they 8 may be looking for someone to sit on a subcommittee. 9 10 Councilmember Faust asked if it would be more appropriate to appoint someone who lives 11 within that jurisdiction, or if anyone in the community can serve. He stated that also asks the 12 question about participation on the Rice Creek Watershed District and what"say"St. Anthony 13 should have since a greater portion of St. Anthony is contained within the Rice Creek Watershed 14 District jurisdictional area. He noted it is between Anoka County,Hennepin County, and 15 Washington County and the members are appointed by the County Commissioners. He 16 suggested it be considered whether this representation should be expanded. 17 18 Mr. Mornson stated St. Anthony has applied for funds from the Rice Creek Watershed District 19 but never received any. And, when the City Hall was constructed they at.first stated nothing 20 needed to be done,but then required the City to install two ditches. Also, Culver's Restaurant is 21 struggling to get approvals from the Rice Creek Watershed District and their application may be 22 tabled again. He stated St. Anthony may want to play a larger role when the Apache area is 23 redeveloped. 24 25 Councilmember Sparks asked who represented St. Anthony on the Rice Creek Watershed 26 District. Councilmember Faust stated there is no representation at this time. 27 28 Mr. Mornson stated the perfect representatives would be Mayor Hodson and Councilmember 29 Faust because both live in the Rice Creek watershed and on Silver Lake. 30 31 Mayor Hodson asked where the Watershed District rules come from. Councilmember Faust 32 stated there is State legislation that outlines their responsibilities but he is unsure of the Middle 33 Mississippi WMO charter. He suggested it be determined how the appointments are made by 34 the County Commissioners. 35 36 Councilmember Thuesen stated his concern that the Apache development may be difficult since 37 they are making it difficult on the Culver's Restaurant site. 38 39 Mayor Hodson asked if the watershed district is funded from property taxes. Councilmember 40 Faust answered in the affirmative. 41 42 Mr. Mornson stated Todd Hubmer's background is in watershed issues so he will be asked for a 43 recommendation. 44 45 Mayor Hodson asked that this item be placed on an upcoming agenda for further discussion once 46 information is received. 47 i City Council Regular Meeting Minutes November 26, 2002 Page 6 1 Councilmember Thuesen had nothing to report. 2 3 Councilmember Faust indicated that on November 19'all were present with the Chamber of 4 Commerce at a ground breaking for Culver's Restaurant. He reported that the Hardee's and 5 Exhaust Pros buildings have been removed and this is the beginning of renewal in that area of St. 6 Anthony. He stated the president of Culver's Restaurant was in attendance at the ground 7 breaking and he thinks this restaurant will be an excellent asset as an employer, a place to eat, 8 and a viable business. 9 10 Mayor Hodson agreed and stated the rejuvenation of St. Anthony is starting to happen which is 11 exciting. 12 13 Mayor Hodson stated he received a call from the St. Paul Pioneer Press and this coming Sunday 14 an article will be included regarding the Northwest Quadrant. 15 16 Mr. Mornson reported that since the referendum was approved, the City has received three or 17 four inquiries of interest for restaurants. 18 19 IX. INFORMATION AND ANNOUNCEMENTS. 20 None. 21 22 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 23 None. 24 25 XI. ADJOURNMENT. 26 Motion by Councilmember Thuesen to adjourn the meeting at 7:34 p.m. 27 28 Motion carried unanimously. 29 30 Respectfully submitted, 31 32 33 Carla Wirth 34 TimeSavee Off Site Secretarial, Inc. 35 36 Mayor 37 ATTEST: 38 City Clerk 39 40