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HomeMy WebLinkAboutPL PACKET 02182003 Meeting Sheet 102892 Box: 27 Folder: Pl. PACKETS 2000-2004 Document: Pl. PACKET 02182003 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 December 17, 2002 6 7:00 p.m. 7 8 9 1. CALL TO ORDER. 10 Chair Melsha called the meeting to order at 7:00 p.m. 11 12 11. PLEDGE OF ALLEGIANCE. 13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.. 14 is 111. ROLL CALL. 16 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson, 17 Hoska, Steeves, Thomas, and Tillman. 18 Absent: None. 19 Also present: Assistant City Manager Susan Hall. 20 21 IV. PUBLIC INPUT. 22 Ms. Pettit presented the Commission with a handout and explained that first year teacher in St. 23 Anthony make roughly$30,000 a year, that a starting custodian earns $26, 478 a year and that 24 starting police officers make $38,572 a year. She indicated the median price for a home in St. 25 Anthony was $189,000 and that these salaries would not cover a mortgage of this size. 26 27 V. APPROVAL OF AGENDA. 28 Chair Melsha asked that Item 9.3 be moved to the January meeting. 20 30 Motion by Commissioner Hoska, second by Commissioner Stille, to approve the meeting agenda 31 with the change above. 32 33 Motion carried unanimouLIL. 34 VI. MEETING MINUTES. 36 6.1 Review and Approve Planning Commission Minutes of October 15, 2002. 37 Motion by Commissioner Hoska, second by Commissioner Thomas, to approve the 38 Planning Commission meeting minutes of October 15, 2002. 39 40 Motion carried unanimously. 41 42 VII. COMMUNICATION WITH CITY COUNCIL. 43 7.1 Designate a Plannin Commission Member to the City Council regular meeting of 44 Januga 14, 2002. 45 Chair Melsha indicated that Commissioner Tillman was available to attend the next 46 City Council meeting on January 14, 2002. 47 I VIII. PUBLIC HEARINGS. 2 8.1 Bill Bauske,2611 301h Avenue Northeast, variance request of 11 feet for a proposed 3 distance of 4 feet from the proper1y line for a non-window mounted AC unit. 4 5 Chair Melsha opened the public hearing at 7:05 p.m. 6 7 Ms. Hall stated that Bill Bauske, 2611 301h Avenue Northeast, is requesting a variance of 8 11 feet from the side yard property line for a non-window mounted air conditioning unit. 9 City ordinance states that non-window mounted air conditioning units must be at least 15 10 feet from any property line. She indicated Mr. Bauske's application shows there is only 11 four feet available between the house and the property line. The applicant proposes the 12 location of the air conditioning unit to be installed outside the basement window, per 13 attached drawings. One item to note is once the base is placed on the ground, the air 14 conditioning unit may be even closer than four feet to the property line. 15 16 Ms. Hall advised that Mr. Bauske states in his petition for variance the undue hardship is 17 due to the placement of the house so close to the property line, and that he would be 18 unable to have central air in his home. The extraordinary circumstances that exist include 19 the placement of his house four feet from the property line. The purpose of adding central 20 air is for comfort in the summer months, as two windows units do not cool portions of 21 the house, according to the applicant. The building of the home in the 1920's and/or the 22 drawing of property lines created the alleged difficulty or hardship. 23 24 Ms. Hall explained that the applicant has also looked at putting the air conditioning unit 25 in the northeast comer of his lot, which is nine feet from the property line. Considering 26 the air conditioning unit must be one foot from the structure (according to the contractor) 27 and the proposed air conditioning unit to be installed will rest on a two foot by 3-foot 28 base, the applicant said he would still be in violation of the ordinance and in need of a 29 variance. The applicant also notes there are hardships/costs associated for him with 30 placing the air conditioning unit in the northeast comer of the lot. 31 32 Ms. Hall advised that Mr. Bauske has been,in communication with the adjacent 33 neighbor at 2613 301h Avenue; they are in support of his application. 34 35 Bill Bauske, 2611 301h Avenue NE, thanked staff for her report. Mr. Bauske stated 36 his foundation is limestone and noted he is most comfortable with placing the air 37 conditioner on the east side yard so as to use the basement window for access-to 38 eliminate the need to drill through the limestone. 39 40 Chair Melsha asked why the northeast comer of the house was not an option. Mr. 41 Bauske stated this would require drilling through the limestone for the tubing needed 42 for the air conditioner. He stated this was an option, but he would prefer the unit 43 right next to the basement window on the east side. 44 45 Commissioner Tillman asked why the unit had to be on the east side of the home. 46 Mr. Bauske stated the west side of his home was his rear yard. He indicated he has a 47 patio and sidewalk on the west side of his home that he does not want to disturb. 48 Vice Chair Stille asked if the four feet side yard setback was accurate. Mr. Bauske 2 stated this should be a fairly accurate measurement as he did locate the stake. 3 4 Chair Melsha stated he would be in favor of locating the air conditioning unit in the 5 northeast comer of the lot and not the side yard, as this would reduce the setback 6 amount and would greater screen the unit. 7 8 Chair Melsha asked how long Mr. Bauske has lived in this home. Mr. Bauske stated 9 he has been in this home for 10 years. 10 11 Commissioner Steeves asked what type of land was to the north of his home. Mr. 12 Bauske stated his neighbor to the north has a deep lot and noted this land was an open 13 backyard. 14 15 Commissioner Tillman asked why the unit could not be placed on the west side of the 16 property. Mr. Bauske stated it would be preferable on the east side of the home 17 because it is closer to the furnace as suggested by the contractor. 18 19 Commissioner Hanson asked if this air conditioner would be replacing two window 20 units. Mr. Bauske stated this would be the case. He explained he recently installed 21 new windows and did not want to harm the windows integrity by placing the window 22 units in them next spring. 23 24 Chair Melsha closed the public hearing at 7:20 p.m. 25 26 Commissioner Tillman asked Staff for rationale behind the 15-foot setback. Ms. Hall 27 noted she was not certain of the reasoning behind the 15-foot requirement, although 28 noise is probably part of the reason. 29 30, Vice Chair Stille stated he felt a home does need air conditioning, which could be 31 another condition to the hardship for this applicant. Chair Melsha agreed. 32 33 Commissioner Thomas indicated he felt the ordinance could be revisited and that the 34 15-foot requirement was a bit much. 35 36 Chair Melsha noted he was not comfortable putting the unit on the east side of the 37 home by the window,but instead near the northeast comer. Commissioner Steeves 38 agreed stating the placement of the home on this lot is not optimal for locating an air 39 conditioning unit outside the home. He added that the northeast comer would be best 40 for neighboring properties as well. 41 42 Vice Chair Stille indicated the noise factor for the neighboring property to the east 43 should not be a concern, and added he would like to locate the unit in the northeast 44 comer of the property. 45 46 Commissioner Tillman stated she felt the unit could be located on the west side of the 47 home and added that she felt an air conditioner was not a necessity and did not create 48 a hardship on the applicant. Planning Commission Meeting Minutes December 17, 2002 Page 4 Commissioner Hoska stated he had no issue with the location on the northeast comer of the property in keeping the unit close to the furnace as a compromise. Vice Chair Stille questioned if the unit were to be placed in the northeast comer if it would require both a rear yard and side yard setback. Ms. Hall stated this would be case,but that the variances would not be as great as the other proposed location. Commissioner Tillman indicated Mr. Bauske would require a I 0-foot variance from the rear yard and side yard setbacks in the northeast comer of the property. Motion by Commissioner Stille, second by Commissioner Hoska, to recommend approval of the request of Bill Bauske, 261130 1h Avenue Northeast, for a rear yard and side yard variance of 10 feet for a proposed distance of five feet from the property line for a non-window mounted air conditioning unit based on the rationale this request would prohibit the applicant from installing an air conditioning unit and putting his property to reasonable use; and that the location of the furnace in the home and the placement of the home on the property was a hardship; and that the home was built in the 1920's before the ordinances were instituted; and that this request would not prohibit the detriment of the neighborhood. Motion carried unanimougL. IX. INFORMATION AND DISCUSSION. 9.1 Preliminga Site Plan for Autumn Woods Senior Housing, 2500 Block of Kenzie Terrace. Ms. Hall indicated that 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 fmal plans to the Planning Commission for a full public hearing in either January or February. They anticipate construction beginning Spring 2003. Ms. Hall explained that 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 I 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. Ms. Hall advised that 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. Planning Commission Meeting Minutes December 17, 2002 Page 5 Ms. Hall noted that the preliminary plan shows encroachment into the required 25-foot 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. I Ms. Hall explained that 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. Paul Brewer,president of LaNel Financial Group,presented the Commission with his proposed development and reviewed the Autumn Woods apartments. Mr. Brewer reviewed the site plan of this property, the grade changes and noted this building would be geared towards active seniors, 65 years and older. He stated the building would have no medical or nursing services available. Mr. Brewer indicated there would be an underground parking garage for the seniors within this unit. Mr. Brewer noted the additional property would create additional parking stalls and would share a driveway with the existing apartments. He indicated the one-bedroom units were roughly 828 square feet and that the two bedroom units were between 1,100 to 1,200 square feet. Mr. Brewer stated there would be common areas on each of the floors for media centers, exercise areas and a community room with kitchenette for residents to use. Mr. Brewer reviewed several other units that he developed in other communities to show the quality workmanship of his company. He indicated the proposed building would mostly resemble a complex completed in White Bear Lake, MN. Commissioner Hanson asked if the development would be proposing a curb cut along Kenzie Terrace. Mr. Brewer stated he would be proposing this to the County. Commissioner Thomas asked what the proposed rents would be for this development. Mr. Brewer noted this would run from $1.30 to $1.50 per square foot or roughly$1,200- $1,400 per month. Commissioner Thomas questioned what the vacancy rate was at Autumn Woods at this time. Mr. Brewer indicated this was very low at this time, remaining under 5%. Chair Melsha asked if there was a need for senior housing within St. Anthony. Mr. Brewer stated this was in great demand within this city. Vice Chair Stille asked if LaNel Financial Group would be owning this unit or just managing it. Mr. Brewer stated LaNel would own and manage this property. Vice Chair Stille asked if any landscaping was proposed for this site. Mr. Brewer Planning Commission Meeting Minutes December 17, 2002 Page 6 indicated the landscaping details would come back to the Commission at a future date. Commissioner Hanson asked if Mr. Brewer was working with the City to purchase this property. Mr. Brewer stated he is in the process,of putting together a preliminary plan and development agreement to go forward with the purchase of this property. Commissioner Hanson asked for the purchase price of this site. Mr. Brewer stated this property would be $150,000. Commissioner Hanson asked for the total cost of this development and what tax implications it would have for the City. Mr. Brewer indicated the proposed development would run around$4.5 million with roughly$100,000 in tax revenue yearly for the City. Commissioner Tillman questioned if LaNel would be interested in going forward with the development without the variance. Mr. Brewer stated he has tried to move the building, but because of the small lot, he felt this was the best location and placement of the building for this lot. Commissioner Thomas indicated he felt this was a lovely development and noted it would compliment the St. Anthony Shopping Center. He noted his only concern was if St. Anthony seniors would be able to afford the proposed rents. Chair Melsha thanked Mr. Brewer for his presentation and stated this was a great looking building as proposed. He noted Mr. Brewer would be back before the Commission in January or February with further plans. 9.2 Discuss Second Hand Goods/Pawn Shop Ordinance Amendment. Ms. Hall explained that the City Council has asked the Planning Commission for a recommendation on a revised Second Hand Goods Dealers ordinance and a new ordinance regulating pawnshops 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. Ms. Hall noted the proposed pawnbroker ordinance was drafted by Chris Smith of Dorsey and Whitney. Chair Melsha asked that Mr. Smith walk the Commissioner through the draft ordinance. Mr. Smith stated the proposed ordinance deals with pawnbrokers and not with secondhand good dealers. He stated this could be combined or modified if so desired by the Commission. Chair Melsha asked if there are the same concerns between pawnbrokers and secondhand goods dealers. Mr. Smith stated pawnbrokers could be having more criminal activity in dealing with stolen goods but stated secondhand goods dealers are not exempt from these .activities. He indicated he felt the city would be wise to license both of these operations. Planning Commission Meeting Minutes December 17, 2002 Page 7 Mr. Smith ran through the proposed pawnbroker ordinance with the Commission: He indicated the Commission would need to develop a fair license fee and investigation fee amount. Mr. Smith stated he could check with neighboring communities to see what their fees are. Mr. Smith noted the most important feature of the ordinance was the mandated daily reports to police. He indicated this helps track stolen goods. Mr. Smith reviewed the firearms requirements and noted the Commission could limit the sale of such items if desired. He also encouraged the Commission to review the zoning code to see where in the City this type of establishment could be located. Chair Melsha thanked Mr. Smith for reviewing this Ordinance and asked for comments from the Commission. Commissioner Hoska thanked Mr. Smith for his work on this Ordinance and stated he, felt it was very thorough. Commissioner Thomas asked if the City could prohibit a "checks cashed" type operation within the City. Ms. Hall stated she felt this was a prohibited use within the community. Commissioner Steeves thought it would be worth the Commission's time to consider the distance between pawnbrokers to keep them spread out. Chair Melsha agreed. Commissioner Steeves asked if a minimum investment requirement should be placed on this ordinance. Mr. Smith stated he felt this was not a concern for this type of operation. Commissioner Tillman asked how the Commission felt about firearms. Commissioner Steeves indicated he felt the sale of firearms should not be allowed. Chair Melsha questioned how the Commission felt about this ordinance and if this should go forward or continue to be reviewed. Commissioner Steeves stated he felt the Commission was in agreement on most issues and could finalize this discussion at the next meeting after receiving comments from the police chief Chair Melsha asked if the secondhand goods portion should be made a part of this ordinance. Mr. Smith suggested separating the secondhand goods dealers' ordinance from the pawnbroker's ordinance as this was the policy of most cities. The Commission agreed with this suggestion. Mr. Smith noted he would revise the ordinance and report back to the Commission at the next meeting. 9.3 Appoint ChairNice Chair for 2003. Planning Commission Meeting Minutes December 17, 2002 Page 8 This item was tabled to the January meeting. 9.4 Northwest Quadrant Redevelopment Update. Chair Melsha noted there was a committee meeting on December 16, 2002. Ms. Hall mentioned there would be an open house for the Northwest Quadrant Redevelopment on January 16, 2002 from 5:00-8:00 p.m. She noted this open house would allow residents to see the proposed site plan the development team and steering comn-littee have been discussing. Commissioner Thomas stated he was quite pleased by the information that was presented at the December meeting. Commissioner Steeves indicated he was pleased with the proposed site plan stating this style was exactly what he was looking for. He noted he was pleased with the developer and the other developments they have done. Vice Chair Stille agreed adding that the developer has a vested interest in the property, which makes this even more exciting. X. ANNOUNCEMENTS. Commissioner Tillman thanked Commissioner Thomas for his service on the Planning Commission. Commissioner Hanson also recognized Commission Thomas for his service. Commissioner Steeves wished Comn-lissioner Thomas well. Chair Melsha thanked Commissioner Thomas for volunteering for the Commission and for his hard work and innovative thinking. Commissioner Hoska agreed stating he has done a great job as a Commissioner. Vice Chair Stille noted he enjoyed working with Commissioner Thomas. Commissioner Thomas read a prepared statement to the Commission. He stated it was nice to be thought of as innovative by the Commission members. XI. ADJOURNMENT. Motion by Commissioner Hanson, second by Commissioner Hoska, to adjourn the meeting at 8:51 p.m. Motion carried unanimously. Respectfully submitted, Heidi Guenther Timesaver Off Site Secretarial, Inc. MEMORANDUM DATE: 2/11/03 MEETING DATE: 2/18/03 TO: Chair Melsha & Planning Commission FROM: Susan M.H. Hall, Assistant City Manag SUBJECT: Potential Adult Day Care Amendment Background: Health Care Plus, Inc. has approached city staff and the City Council on January 14, 2003, requesting an amendment to the City's zoning ordinance to allow adult day care in the commercial zoning district. The City Council referred-the issue to the Planning Commission for further study and consideration. Currently, day care for adults is not a permitted use in the commercial zoning district, while day care for children is allowed. The City's zoning ordinance states that day care centers are permitted where adult supervision and care is provided for three or more children without drive-through facilities. Representatives from Health Care Plus, Inc. will be in attendance at the February 18, 2003, Planning Commission meeting to talk about their adult day care use and request for an amendment. Randall Strand, an attorney who represents Health Care Plus, Inc., states in a letter to city staff that "a licensed adult day care facility would provide services for adults who are unable to care for themselves during the day, but do not need nursing home care. Most of the clients would be senior citizens needing care during working hours. The care provided would primarily consist of providing activities, lights snacks, and ensuring clients take their medications. These are the same activities found in day care facilities for children. The only difference is the age of the participants. As with children's daycare, there would be no overnight stays." At the Council meeting on January 14, City Attorney Jerry Gilligan was asked if he saw any problems with the adding the amendment; while he did not see a problem with including the adult day care use, he thought size of the facility might be a question to ask. There may be other concerns to address, which is why it was referred to the Planning Commission. Requested Action Review this request and be prepared to discuss the potential amendment on February 18. In the end, the City Council will look for a recommendation from the Planning Commission on the issue of whether the adult day care use should be permitted, or not, in the commercial zoning district. Attachments: 1/23/03 Letter from Randall Strand Excerpts fromthe 1/14/03 City Council Meeting RANDALL K. STRAND ATTORNEY-AT-LAW 10301 Abbott Ave. N. Brooklyn Park, MN 55443 (763) 424-6172 - Fax (763) 424-6661 January 23 2003 S usan M.H. Hall Assistant City Manager 3301 Silver Lake Road St. Anthony, MN �5418-1699 Dear Ms.Hall: I r"epre-s6nt Health Care Plus,'The., a'St.Anthony based health care provider. I met with you several weeks ago. At your suggestion,I appeared before the City Council Jan I uary 14th and requested an amendment to the zoning ordinance to allow Adult Day Care. The City Attorney suggested referring this to the planning commission. It is my understanding that you are the staff liaison for that body. The purpose of this letter is to request that this ordinance change be placed on the planning commission agenda. CurTent zoning rules in St. Antholly do not have a definition for adult-day eX.e facilities--nor is it shown as a permitted use .inany-zoning district. We.ari�re.q tia -that ues g '.'this use beallowed in a General Commercial District. Currently,Day Care Centers are use in this zoning and there is nopractical difference. Minnesota Rule 9555.9600 (4) defines Adult Day Care Center as"a facility that-provides adult day care to'ffinctionall�imp aired adulis-on a regular basis f6r-p eriods'6f less than'24 hour§ 'a'day in a setting other that a participant's home". A licensed adult day care facility would provide services for adults who are unable to care for themselves during the day, but do not need nursing home care. Most of the clients would be senior citizens needing care during working hours. The care provided would primarily consist of providing activities, light snacks,and ensuring clients take their medications. These are the same activitie&fbuad in�qyzare facilities for.children, The-PIllyd-iffe-rence'is the age of the participants. As with children's daycare,there would be no overnight stays. Thank you for your attention to this matter. Please let me know if it would be useful to appear at the next planning commission meeting. I look forward to hearing from you. Yours, Randall K. Strand City Council Regular Meeting Minutes January 14, 2003 Page 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 January 14, 2003 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, and Faust. 15 Absent: Councilmember Sparks and Thuesen. 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 1. APPROVAL OF JANUARY 14, 2003 CITY COUNCIL MEETING AGENDA. —1 Motion by Councilmember Faust to approve the City Council Meeting Agenda of January 14, 1 2003. 24 25 Motion carried unanimously. 26 27 11. 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 Randal Strand, an attorney representing Healthcare Plus Incorporated(2500 New Brighton 35 Boulevard, St Anthony), came forward. He asked the Council to consider amending the City 36 ordinance to allow adult daycare. Mr. Strand noted that daycare for adults is a business in its 37 infancy with only 11,000 Minnesotans using the service,but he feels it's needed. He stated only 38 a few cities have added it to their zoning and is requesting the City of St. Anthony do so as well. 39 Mr. Strand said many steps need to be taken in order for the process to begin such as completing 40 an application, doing a background study, and getting approval from zoning, the fire marshal, 41 and local health department. 42 43 Councilmember Horst asked if the ordinance needs to be changed because there is not a A4 distinction between child and adult daycare. Mr. Strand said the zoning is stated as child daycare and it is not specific to adults. 46 City Council Regular Meeting Minutes January 14, 2003 Page 2 Councilmember Horst asked City Attorney Gilligan if he saw any problems with including adult 2 daycares in the ordinance. City Attorney Gilligan stated he did not see a problem,however,size 3 of the facility might be a question to ask. 4 5 Mayor Hodson asked if anything specific should be added to the ordinance. City Attorney 6 Gilligan stated the process should be referred to the Planning Commission.since there may be 7 different concems the City Council is not aware of. 8 9 Councilmember Horst asked if there are State-regulated guidelines specific to adult daycare. 10 Mr. Strand responded there are many requirements. He noted that one important requirement is 11 to have 40 square feet of space per person, which includes staff. 12 13 Mr. Strand stated that 60% of adult daycare facilities are home based,however,his client is not 14 requesting a home based facility. 15 16 Hearing no further comments, Mayor Hodson moved forward with the agenda. 17 18 IV. CONSENT AGENDA. 19 20 1. Consider December 9, 2003 Council meeting minutes. 21 2. Consider licenses and ven-nits -None. 3. Consider payMent of claims. 4. Set date for Board of Review. 24 5. Resolutions 03-001 —03-010 (Housekegping resolutions). 25 6. Resolution 03-011, re: Approve amendment to Flexible Benefit Plan. 26 27 Councilmember Horst requested the removal of Consent Agenda Item 1. 28 29 Motion by Councilmember Horst to approve the Consent Agenda with the removal of Item 1. 30 31 Motion carried unanimously, 32 33 1. Consider December 9. 2003 Council meeting minutes. 34 35 Councilmember Horst requested a correction to page 3 of the December 9, 2002 City Council 36 meeting minutes from Mayor Horst to Mayor Hodson. 37 38 Motion by Councilmember Horst to approve Item 1,December 9, 2002 Council meeting 39 minutes, as amended. 40 41 Motion carried unanimously, 42 43 V. PUBLIC HEARINGS. A4 None. 46 VI. REPORTS FROM COMMISSIONS AND STAFF. 47 A. Update on the December 17, 2002 Planning Commission meeting. MEMORANDUM DATE: 2/11/03 MEETING DATE: 2/18/03 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager alo SUBJECT: Proposed Pawnbroker Ordinance Background: At the December 17, 2002, Planning Commission meeting, the proposed pawnbroker ordinance was discussed. Commissioners at that time made some comments and discussed them with Chris Smith of Dorsey and Whitney. Mr. Smith has made some revisions to the proposed pawnbroker ordinance and will be in attendance at the February 18, 2003, Planning Commission meeting for clarification and questions. Captain John Ohl of the St. Anthony Village Police Department has also reviewed the ordinance and his comments have been incorporated into the latest draft. Requested Action For the February 18, 2003, meeting, Commissioners can review the draft, be prepared to discuss, and work toward finalizing the new ordinance. When it is finalized, it will be forwarded to the City Council for recommendation. Commissioners will also need to forward revisions of the second hand goods ordinance to the City Council at the same time. Attachment: Proposed Pawnbroker Ordinance CITY OF ST.ANTHONY, MINNESOTA Proposed Pawnbroker Ordinance for consideration by the Planning Commission February 18, 2003 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. Defmitions. 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 pawn's 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. PAWNSHOP: Any business or establishment used or operated by a pawnbroker. 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. 2 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 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 originafty 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 licensewithin 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 infon-nation 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; 3 (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 ftu-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 i'n 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 ftirnish 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 narne(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. 4 (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; (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; 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; 5 (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; (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) ManagerNew 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. Appfication 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. 6 566.07. APPRcation 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 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 Oven 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 at midnight on December 31 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 thejudgment 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; 7 (5) the time for establishing residence in Nfinnesota 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 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 Five Thousand Dollars ($5,000.00) 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. 8 566.11. 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 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 Require . At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following - 9 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. (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 licensed'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. 1 (6) The identification number and state of issue Erom 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 10 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 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 an'd 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 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 licensed 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. 12 (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. (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. Redemr)tion 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 ninety (90) 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. 13 H. Police Order to Hold Propert (1) Investigative Hold. VvIenever 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 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 chief s designee shall so notify the licensee. L Inspection of Items. (1) 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. (2) All merchandise received by a pawnbroker, shall be subject to examination, during normal business hours, by any person claiming to 14 have had any interest therein, when such person is accompanied by a police officer 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; (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 1.68A 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. Firearms and WeLapons. A pawnbroker may not receive, display or sell any merchandise through a pawn, purchase, or consigmnent or trade consisting of a revolver, pistol, shotgun, automatic rifle, switchblade knife, or other similar weapons or firearms. 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 DisWa . 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. 0. Responsibilily 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 15 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. Penally for Property Owner. It is unlawful for a ny person who owns or controls real property to knowingly permit it to be used for pawn brokering without a license. 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 pen-nit 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 Operatio . 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. Incolnpetent 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. Securi!y 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. 16 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,w-ithout first having examined an acceptable form of identification. H. PayLnent 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. 1. 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. 566.14. Inspection bv 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. Propeqy 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 form of identification. 17 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. (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 hens; 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. 18 566.16. 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. Th e 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 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 ai" 'h February 4,2003 For Immediate Release Contact: Assistant City Manager Susan Hall, 612-789-8881 Open House on Facility Options is February 18 ST. ANTHONY, MN-- The St. Anthony Public Facilities Study Group has scheduled an Open House for Tuesday, February 18, 2003, from 5:3 0-7:3 0 p.m., at the City Hall/Communi ty Center, for the public to view and provide comments on facility options for the Fire and Public Works Departments and financing options for improvements. "We will be studying various options—such as location, size, design and materials, remodeling versus new construction—to name a few," said Paul Archambault, chair of the 18-member citizen study group. "We want the public to provide us with feedback on the types of options we will consider, on our selection criteria, and on financing options." Axchambault encouraged everyone to come to the Open House and provide comments. "We are at a very important point for public input,"he said. "These facilities belong to the public. We all enjoy and expect quality service from our Fire and Public Works Departments. The City's ability to provide these services at the levetwe have become accustomed to is impacted by the choices we make with these facilities." The City of St. Anthony is currently struggling with how to meet the needs of the community in 2003 and beyond with a Fire Station and Public Works facility that are 40 to 50 years old. The Study Group identified the following problems with the buildings: • City vehicles and equipment are parked too closely together causing safety concerns for staff, • Inadequate training and meeting space, • A lack of decontamination space for firefighters • Inadequate storage space for equipment and supplies, • Structural and repair.issues, • Lack of handicapped accessibility, and, • Inadequate facilities (restrooms and sleeping quarters for firefighters) for employees of both genders. -more- 3301 SilverLake Road, St.Anthony, Minnesota 55418-1699-www-ci.saint-anthony.mn.us -(612) 789-8881 -FAX(612)781-9323 Our Mission is to be a progressive and livable community,a walkable village, which is safe and secure. The Study Group was formed in June 2002 by the St. Anthony City Council to conduct a needs assessment for the Fire and Public Works Departments and to recommend facility options to meet those needs. This study is not the first attempt to address the needs of St. Anthony's aging Public Works facility. In 1999, the City hired an architect/engineering firm to propose a facility to meet the space'needs of the Public Works Department. The proposed facility design that was created to meet the needs required significant public investment. The City Council felt that any decision on facility needs should have much more public involvement and must also look at the needs of the Fire Department at the same time. "The process didn't work last time because people needed to be much more involved from the beginning and that is why it is so important for people to come out, learn more about the topic, and help us weigh the pros and cons of the various options," Archambault said. "This is not about the City building a nice facility for people to work in," Archambault said. " This is about determining how to ensure we have facilities that are safe and functional and enable the people who work for us everyday to provide us with the kind of service we want for the next 50 years." The Open House format allows attendees to come and go at their leisure since there is no formal presentation. Exhibits will provide information on the problems with the current facilities, the work of the Study Group, the options under consideration, the financing options, and the operations of the Fire and Public Works Departments. If you have questions about the Open House, call city offices at 612-789-8 8 8 1. -30- .C ai I Ith&7 !M104fla i For Release: February 12,2003 Contact: Assistant City Manager Susan Hall, 612-789-8881 City to Explore Potential Stonehouse Redevelopment ST. ANTHONY, MN—In response to response to community interest,' the St. Anthony City Council is going to continue to explore the potential redevelopment of the Stonehouse site, located between Kenzie Terrace and County Road 88 on the south end of the City. The St. Anthony City Council reviewed a proposal from Amcon Construction on February 11 for the redevelopment of the Stonehouse site. At this point,the City Council is looking for more information to examine the feasibility of redeveloping the Stonehouse site, which includes the Fire Station, the municipal liquor store, and a hair salon. At the same time, a citizens' Study Group established by the City Council last September is exploring what to do with the 40-plus year old Fire Station and Public Works facilities. The study is currently underway with a report tentatively scheduled to the City Council in May. "As exciting as this redevelopment opportunity may be, our interest is seeing the Public Facilities Study process through and learning about their recommendations., so the redevelopment will be tracked accordingly," said Mayor Randy Hodson. "However, having said that, some decisions may need to be made concerning the Stonehouse prior to a final decision on the Fire Station,just to keep the process going. It's going to 'be a balancing act." The City Council directed staff'in October 2002 to interview interested developers to ascertain their interest in redeveloping the Stonehouse site, in case the Public Facilities Study Group provided a recommendation to construct a new Fire Station. "The City is interested in finding out what potential benefits there are to the community if the site is redeveloped," said Hodson. "Is it financially feasible? Could any revenue from redevelopment assist with the costs of public facility improvements? These are all questions we are exploring." Since October, a couple of developers expressed an interest in the site, including Anicon Construction. Anicon has submitted a proposal to the City to construct a 26,000 square -more- 3301 Silver Lake Road, St Anthony, Minnesota 55418-1699-www-ci-saint-anthony.mn.us -(612)789-8881 -FAX(612) 781-9323 Our Mission is to be a progressive and livable community,a walkable village, which is safe and secure. foot of retail in two buildings. One building would be located on the northern portion of the property, at the intersection of County Road 88 and Kenzie Terrace, and the other new building would be situated where the existing strip center is. "Amcon has shown us an attractive plan which shows the potential for a new municipal liquor store and a new sports bar/restaurant that can continue on-site pull tab operations. Amcon will work with the City for an attractive gateway to the community as well as track with our timeline on the Fire Station. This is all very positive." Hodson said. Amcon Construction has extensive experience in redevelopment, new commercial, office and industrial development, as well as construction-and construction management services. "I am excited for the potential of this redevelopment, but at the same time we will await the Public Facilities study recommendation as well as examine the financial implications of the Stonehouse Redevelopment proposal,"Hodson said. In addition, Hodson said more information would be forthcoming in late May about the status of both the Fire Station and the Stonehouse Redevelopment proposal. Stay tuned to future communications on the topics from the City, including in the City's newsletter Village Notes and the web site at www.ci.saint-anthony.mn.us. If you have questions, contact City Hall at 612-789-8881. -30- P City Council Regular Meeting Minutes January 14, 2003 Page I CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 January 14, 2003 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, and Faust. 15 Absent: Councilmember Sparks and Thuesen. 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 1. APPROVAL OF JANUARY 14, 2003 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Faust to approve the City Council Meeting Agenda of January 14, 23 2003. 24 25 Motion carried unanimously. 26 27 11. 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 Randal Strand, an attorney representing Healthcare Plus Incorporated(2500 New Brighton 35 Boulevard, St Anthony), came forward. He asked the Council to consider amending the City 36 ordinance to allow adult daycare. Mr. Strand noted that daycare for adults is a business in its 37 infancy with only 11,000 Minnesotans using the service,but he feels it's needed. He stated only 38 a few cities have added it to their zoning and is requesting the City of St. Anthony do so as well. 39 Mr. Strand said many steps need to be taken in order for the process to begin such as completing 40 an application, doing a background study, and getting approval from zoning, the fire marshal, 41 and local health department. 42 43 Councilmember Horst asked if the ordinance needs to be changed because there is not a 44 distinction between child and adult daycare. Mr. Strand said the zoning is stated as child daycare 45 and it is not specific to adults. 46 City Council Regular Meeting Minutes January 14, 2003 Page 2 1 Councilmember Horst asked City Attorney Gilligan if he saw any problems with including adult 2 daycares in the ordinance. City Attorney Gilligan stated he did not see a problem, however, size 3 of the facility might be a question to ask. 4 5 Mayor Hodson asked if anything specific should be added to the ordinance. City Attorney 6 Gilligan stated the process should be referred to the Planning Comnlission since there may be 7 different concerns the City Council is not aware of. 8 9 Councilmember Horst asked if there are State-regulated guidelines specific to adult daycare. 10 Mr. Strand responded there are many requirements. He noted that one important requirement is 11 to have 40 square feet of space per person,which includes staff. 12 13 Mr. Strand stated that 60% of adult daycare facilities are home based,however, his client is not 14 requesting a home based facility. 15 16 Hearing no further comments,Mayor Hodson moved forward with the agenda. 17 18 IV. CONSENT AGENDA. 19 20 1 Consider December 9, 2003 Council meeting minutes. 21 2. Consider licenses and pen-nits -None. 22 3. Consider payMent of claims. 23 4. Set date for Board of Review. 24 5. Resolutions 03-001 —03-010 (Housekegping resolutions). 25 6. Resolution 03-011, re: Approve amendment to Flexible Benefit Plan. 26 27 Councilmember Horst requested the removal of Consent Agenda Item 1. 28 29 Motion by Councilmember Horst to approve the Consent Agenda with the removal of Item 1. 30 31 Motion carried unanimously. 32 33 1 Consider December 9, 2003 Council meeting minutes. 34 35 Councilmember Horst.requested a correction to page 3 of the December 9, 2002 City Council 36 meeting minutes from Mayor Horst to Mayor Hodson. 37 38 Motion by Councilmember Horst to approve Item 1, December 9, 2002 Council meeting 39 minutes, as amended. 40 41 Motion carried unanimously. 42 43 V. PUBLIC HEARINGS. 44 None. 45 46 VI. REPORTS FROM COMMISSIONS AND STAFF. 47 A. Update on the December 17, 2002 Planning Commission meeting. City Council Regular Meeting Minutes January 14, 2003 Page 3 1 2 1. Resolution 03-012,re: Side and-rear yard variance requests for 2611-30'h Avenue NE 3 (Bill Bauske). 4 Mayor Hodson welcomed Planning Commissioner Todd Hanson to the meeting. 5 h 6 Planning Commissioner Hanson presented the request of Bill Bauske, 2611-30' Avenue, 7 for a side and rear yard variance of 11 feet from the side yard property line for a non- 8 window mounted air conditioning unit. Planning Commissioner Hanson stated that 9 according to City ordinance non-window mounted air conditioning units must be at least 10 15 feetfIrom any property line. However, there is only four feet available between Mr. 11 Bauske's house and the property line. He stated the Planning Commission did approve 12 the variance with a few modifications. 13 14 Mr. Bauske came forward to give background information and answer questions. He 15 stated his family moved into the home ten years ago. He decided to get central air after 16 he put new windows in this fall. He stated he initially wanted to put the unit next to the 17 basement window where the furnace was,but he agrees with the Planning Commission 18 that it wouldn't leave much room. Mr. Bauske said he agrees with the suggestion of the 19 Planning Commission to put it in the Northeast comer. He stated his back yard is very 20 small, 30 feet by 30 feet. 21 22 Councilmember Horst asked Mr. Bauske if he's requesting a side or back yard variance. 23 Mr. Bauske stated he's requesting a back comer variance. 24 25 Councilmember Horst asked if Mr. Bauske feels that's an ideal location. Mr. Bauske 26 stated he's comfortable with positioning the unit in the back comer. 27 28 Councihnemb&r Horst asked what the distance was from the house to the property line. 29 Mr. Bauske responded four feet. 30 31 Councih-nember Faust asked if Mr. Bauske was comfortable with what the Planning 32 Commission was suggesting. Mr. Bauske stated he was. 33 34 Mayor Hodson stated he wants to encourage residents to come forward and ask for 35 variances in order to build on their properties. He said he wants the Planning 36 Commission and City Council to help with these situations since it's very important to 37 reinvest in the community. 38 39 Mayor Hodson thanked Mr. Bauske for working with the Planning Commission on this 40 issue. 41 42 Motion by Councilmember Faust to adopt Resolution 03-012,re: Side and Rear Yard 43 Variance Requests for 2611-30th Avenue NE. 44 45 Motion carried unanimously. 46 City Council Regular Meeting Minutes January 14, 2003 Page 4 1 Planning Commissioner Hanson gave a brief overview of the December 17, 2002 2 Planning Commission meeting. 3 4 Planning Commissioner Hanson stated there was a presentation on a preliminary site plan 5 for Autumn Woods Senior Housing on the 2500 Block of Kenzie Terrace. He said Paul 6 Brewer, President of LaNel Financial Group, showed blueprints of the project. He stated 7 the Planning Commission was impressed with the project. 8 9 Planning Conunissioner Hanson stated the Planning Commission also discussed the Pawn 10 Shop/Second Hand Goods Ordinance Amendment. He noted that Chris Smith of Dorsey 11 and Whitney reviewed specific parts of the Ordinance with the Planning Commission. 12 He stated Mr. Smith will be working with City Staff to make changes. 13 14 Councilmember Faust and Mayor Hodson thanked Planning Commissioner Hanson for 15 his work. 16 17 B. Update on the Engineering Report (Todd Hubmer, WSB &Associates). 18 19 1. 2003 Street Project. 20 21 a. Resolution 03-013,re: Declare Cost to be Assessed and Order Preparation 22 of Proposed Assessment for 2003 Street and Utility IMprovements. 23 Mayor Hodson welcomed Todd Hubmer, WSB & Associates, to the meeting. 24 25 Mr. Hubmer addressed the Council and presented the 2003 Street Project. 26 27 Mr. Hubmer noted the streets to be reconstructed in 2003 are Edward Street from 28 33d Avenue Northeast to 34h Avenue Northeast; 34th Avenue Northeast from 29 Stinson Boulevard to Silver Lake Road; and Belden Drive from 33rd Avenue 30 Northeast to 34 1h Avenue Northeast. 31 32 Mr. Hubmer gave an overview of the funding for the project. He said the 33 anticipated total construction cost is around$1.7 million for the 2003 project. It 34 will be broken down with about$364,000 being assessed to the residents and 35 $1,370,000 being paid by the City. He said this project is proposed to be funded 36 by a$1.7 million public improvement bond. 37 38 Mr. Hubmer stated the project will include street reconstruction,water main costs, 39 storm sewer improvements, and sanitary costs. 40 41 Councilmember Horst asked if this project is done through any State funding. 42 Mr. Hubmer stated it's being done through the public improvement bond process. 43 44 Motion by Councilmember Faust to adopt Resolution 03-013,re: Declare Cost to 45 be Assessed and Order Preparation of Proposed Assessment for 2003 Street and 46 Utility Improvements. 47 City Council Regular Meeting Minutes January 14, 2003 Page 5 1 Motion carried unanimously. 2 3 b. Resolution 03-014, re: Call Hearing on 2003 Street IMprovements. 4 Motion by Councilmember Faust to adopt Resolution 03-014, Call Hearing on 5 Proposed Assessments for 2003 Street Improvements. 6 7 Motion carried unanimously. 8 9 C. Resolution 03-015, re: Call Hearing on Proposed Assessment for 2003 10 Street Inrovements. 11 Motion by Councilmember Faust to adopt Resolution 03-015, Sanitary Sewer 12 Replacement on South End of City and Trunk Water Main Improvements on 13 Kenzie Terrace. 14 15 Motion carried unanimously. 16 17 Mr. Hubmer stated that upon approval of these resolutions proposed assessments 18 will be mailed out regarding the 2003 Street Improvement Projects. He said any 19 questions can be directed to him. 20 21 2. Resolution 03-016,re: SanitM sewer re�lacement on south end of Ci1y and trunk 22 water main improvements on Kenzie Terrace. 23 Mr. Hubmer stated two high priority projects were identified as a result of the Sanitary 24 Sewer Water and Needs Study. He said the first project is construction of a new I 0-inch 25 water main loop along Kenzie Terrace South of St. Anthony Boulevard. The new 10- 26 inch water main is anticipated to cost around$430,000. Mr. Hubmer said the second 27 project is the replacement of the hunk Sanitary Sewer main from 27h Avenue South to 28 the City of Minneapolis. He said the estimated cost of replacing the Sanitary Sewer is 29 $620,000. He noted that they are proposing to bid this project with two alternates,which 30 include an open trench method and pipe bursting technology. 31 32 Councilmember Faust asked if the 10-inch pipe would be big enough for future . 33 development. Mr. Hubmer responded yes. 34 35 Mayor Hodson asked Mr. Humber if this project would be adequate in the event of the 36 shopping center being redeveloped. Mr. Hubmer responded yes. 37 38 Motion by Councilmember Horst to adopt Resolution 03-016, Sanitary Sewer 39 Replacement on South End of City and Trunk Water Main Improvements on Kenzie 40 Terrace. 41 42 Motion carried unanimously. 43 44 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 45 A. Ordinance 2003-001,re: Liguor licensing Wt reading). (Jegy Gilligan,Dorsey& 46 Whitney will be present). City Council Regular Meeting Minutes January 14, 2003 I Page 6 City Attorney Gilligan reviewed the ordinance amending the City Code to provide for the 2 issuance of on-sale liquor licenses to restaurants and hotels. He stated the ordinance also 3 contains provisions with respect to issuance of wine licenses, off-sale and on-sale 3.2 beer 4 licenses and temporary wine and on-sale 3.2 beer licenses. 5 6 City Attorney Gilligan stated that many of the provisions concerning the issuance by t'he City of 7 on-sale liquor licenses and other licenses for the sale of alcoholic beverages are set forth by 8 Minnesota Statutes. He said the City can place additional restrictions beyond those contained in 9 Minnesota Statutes. He noted that additional restrictions proposed to be included in the 10 ordinance are the following: alcohol awareness training is required for employees of the licensed 11 establishment,no more than 15%of the seating capacity of the establishment may be located at a 12 bar or service counter, at least 50%of the gross receipts of the establishment for the sale of food 13 and non-alcoholic beverages,no license may be issued to any property located within 300 feet of 14 a church or school or to any property used as a sexually oriented business, and adult 15 entertainment is prohibited on the licensed premises. 16 17 City Attorney Gilligan said the ordinance provides for investigation fees of up to $500 for an in- 18 state investigation and up to $10,000 for an out-of-state investigation. He said Us is the 19 maximum investigation fee permitted by Minnesota law. He stated the annual license fee for an 20 on-sale liquor license is proposed to be $8,000,with a reduction of$500 on the license fee for an 21 annual renewal if compliance checks have been passed in the prior year with no violations 22 carrying a penalty of$500 or greater. 23 24 City Attorney Gilligan stated the ordinance lists what places are eligible for license. 25 26 Councilmember Faust stated he would like to be more restrictive with the ordinance since it is 27 new for the City. He stated he would prefer to allow for three violations instead of four. He 28 stated he also disagrees with giving a$500 incentive to renew liquor licenses. He said instead of 29 issuing six licenses he would prefer issuing two, plus a municipal. 30 31 Councilmember Horst stated he agrees with Councilmember Faust in allowing three violations 32 versus four. 33 34 Councilmember Horst asked City Attorney Gilligan if a daycare facility would be considered 35 property within 300 feet ineligible for a license. City Attorney Gilligan said the ordinance does 36 cover daycare facilities. 37 38 Mayor Hodson asked how the City could assert their law regarding off sale license. City 39 Attorney Gilligan stated'it depends on how the law is passed. He said they would have to come 40 to the City to get a license and the City could either deny the license or give additional 41 restrictions. City Attorney Gilligan stated off sale is currently limited to municipal liquor stores. 42 43 City Manager Mornson mentioned that new applications would require public hearings in front 44 of the City Council, but renewals would not. 45 46 Motion by Councilmember Horst to approve first reading of Ordinance 2003-001,re: Liquor 47 licensing. City Council Regular Meeting Minutes January 14, 2003 Page 7 1 Motion carried unanimouLIL. 2 3 Councilmember Horst asked about considering Sunday liquor sales. City Attorney Gilligan is 4 going.to check with the Liquor Control Board. 5 6 Mayor Hodson stated Sunday liquor sales should be added to the goal setting meeting agenda. 7 8 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEM]BERS. 9 Mr. Mornson reported that the State of Cities Conference is January 15, 2003 in St. Paul. He 10 said he will attend the Conference with Councilmembers Faust, Thuesen, and Horst. 11 12 Mr. Morrison reminded the Council that the Apache Plaza Open House is Thursday, January 16 13 from 5:00 to 8:00 p.rn 14 15 Mr. Mornson stated Jim Prosser will attend the next City Council meeting to address issues and 16 give updates related to Apache Plaza. He said there are certain tasks that need to be completed 17 within the next 90 days. 18 19 Mr. Mornson stated April 8,2003 is the next Board of Review. 20 21 Mr. Mornson said the rate increase to help pay for sewer and water work will be noted in the. 22 City Newsletter. 23 24 Mr. Mornson stated the City received almost $10 million in grants, in addition to two additional 25 grants. He said d-iis information will be covered in the next newsletter. 26 27 Councilmember Horst reported that he attended an AMM (Association of Metropolitan 28 Municipalities) informational meeting discussing budget cuts and the effect on cities. 29 30 Councilmember Horst stated that the Community Service Board of Directors reported there was 31 a$68,000 error in the budget. He said the school administration missed$68,000 worth of 32 funding and they are going to make it up by doing community service. 33 34 Councilmember Faust stated he attended a Sister City Meeting. He said 10 exchange students 35 are being paired up with the School District. 36 37 Councilrnember Faust stated he has had a couple of meetings with the Northwest Quadrant Task 38 Force. He encouraged the community to come to the next meeting on Thursday, January 16'h 39 from 5:00 to 8:00 p.m. 40 41 Mayor Hodson indicated that he had a meeting with the Northwest Quadrant Committee. 42 43 Mayor Hodson stated the Business Journal coming out this Friday focuses on the City of St. 44 Anthony and its development. 45 46 IX. INFORMATION AND ANNOUNCEMENTS. 47 None. City Council Regular Meeting Minutes January 14, 2003 Page 8 2 3 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 4 None. 5 6 XI. ADJOURNMENT. 7 Motion by Councilmember Faust to adjourn the meeting at 8:06 p.m. 8 9 Motion carried unanimously. 10 11 Respectfully submitted, 12 13 14 Rebecca Roehl 15 TimeSaver Off Site Secretarial, Inc. 16 17 Mayor 18 ATTEST: 19 City Clerk 20 City Council Regular Meeting Minutes January 28, 2003 Page I CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 January 28, 2003 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 Morrison, City Attorney Jerry Gilligan 17 18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 1. APPROVAL OF JANUARY 28, 2003 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of January 28, 23 2003. 24 25 Motion carried unanimpuft 26 -27 -- 11. 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 Marie Rossa of 3620 Coolidge Street, St. Anthony, came forward to address the Council. She 35 stated she's from the St. Anthony Housing Group and handed out a flyer which summarized the 36 issues the Group is addressing. She said the Group is composed of residents who live,work or 37 worship in the area and firmly believe that households with modest incomes should have the 38 opportunity to rent or purchase a home to be built in the Northwest Quadrant Redevelopment 39 Site. She said she's primarily concerned about the households earning between $23,000 and 40 $38,000 a year. She asked that the City and the Developer consider setting aside 20%of the 41 housing units for low income families. She stated the benefits would include allowing people 42 who work in the City to also live in the City and it would also allow parents to live in the 43 neighborhood where their kids go to school,which would strengthen the neighborhood. 44 45 Councilmember Sparks asked if the St. Anthony Housing Group knows what resources could 46 help finance a project such as this. Ms. Rossa said their group is not knowledgeable about 47 financing, but a question she had for the City or Developer was who would be the most City Council Regular M eeting Minutes January 28, 2003 Page 2 I knowledgeable to help research this issue. She also asked if the St. Anthony Housing Group 2 could go to the Developers to get action. 3 4 Mayor Hodson stated the Council would look at the information. He said the Council and 5 financial advisors are taking a look at the financial piece. 6 7 Mayor Hodson stated if she had financial backing that could make this happen the St. Anthony 8 Housing Group could bring it to the Council and Developer. However,with a$4 billion State 9 deficit there will be challenges without financial backing. 10 I I John Lindstrom of 3371 Garfield Street, Minneapolis, attends Faith Church and is a member of 12 the St. Anthony Housing Group. He said members of the Group either attend a church, live in 13 the community, and/or work in the community. He's very concerned about affordable housing 14 for low/moderate income households. He stated the group is primarily working through the 15 Metropolitan Interfaith Council Housing and gave an overview of what this council does. He 16 said they don't have the resources to get the financing and feels it should be a joint effort 17 between the City and Developer. He said the City has had past milestones they've prospered 18 through. He noted that following World War H the community experienced rapid growth in 19 residential development. Prospective homeowners, especially veterans, were able to secure 20 mortgage loans from the Federal Goverm-nent at a very attractive rate. He said this made it 21 possible for families with modest incomes to obtain a decent, safe, and affordable house. 22 23 Chris Swanson of 3020 Silver Lake Road moved to St. Anthony on January 3, 2003. He stated 24 he's both frustrated and concerned because the house he moved into has a pond behind it and 25 even though it's not a public area,people are utilizing it as one. He said people are using the 26 pond as a skating rink, a dog park, and an area to walk/run. He stated he's here as a concerned 27 citizen and wants to know how it can be more publicly noted that it's not a public area. He 28 stated the people using the pond do not live on the block. He asked, at the very least, if signs 29 could be put up stating"Private Property". 30 31 Mayor Hodson stated this issue could be addressed at the next Goal Setting Meeting. 32 33 Councilinember Thuesen said residents could be reminded that the pond is private property in 34 the newsletter. 35 36 Councilinember Sparks stated Mr. Swanson could call the police regarding this issue. 37 38 Hearing no further comments,Mayor Hodson moved forward with the agenda. 39 40 IV. CONSENT AGENDA. 41 42 1 Consider Januga 14, 2003 Council meeting mi.nutes. 43 2. Consider licenses and permits. 44 3. Consider pg=ent of claims. 45 46 Councilmember Sparks requested the removal of Consent Agenda Item I 47 City Council Regular Meeting Minutes January 28, 2003 Page 3 1 Motion by Councitmember Sparks to approve the Consent Agenda with the removal of Item 1. 2 3 Motion carried unanimously. 4 5 1 Consider Janupa 14, 2003 Council meeting minutes. 6 7 Councilmember Sparks stated she couldn't vote on the January 14, 2003 Council meeting 8 minutes because she did not attend the meeting. 9 10 Motion by Councilmember Faust to approve Item 1, January 14, 2003 Council meeting minutes 11 as amended. 12 13 Motion carried unanimpuft. 14 15 V. PUBLIC HEARINGS. 16 None. 17 18 VI. REPORTS FROM COMMISSIONS AND STAFF. 19 A. UDdate on the Northwest Quadrant redevelopment (Jim Prosser, Ehlers &Associates 20 Mayor Hodson welcomed Jim Prosser to the meeting. 21 22 Jim Prosser, Ehlers & Associates, addressed the Council and provided an overview of the 23 Northwest Quadrant Alternative Urban Areawide Review. 24 25 Mr. Prosser said the redevelopment of the Apache area within the Northwest Quadrant will 26 require an environmental review. He stated that with the nature of the proposed redevelopment 27 it is recommended that St. Anthony consider an Alternative Urban Areawide Review(AUAR). 28 He said this process is essentially an Environmental Impact Statement that provides some 29 flexibility to adapt to changes that may be considered by the City in the future. He noted that the 30 AUAR is the method of environmental review most preferred by cities for this type of project. 31 32 Mr. Prosser said while acting on behalf of the City, Ehlers &Associates has solicited ftorn two 33 firms identified as highly competent in the preparation of AUAR studies. He stated those two 34 firms, SRF Consulting Group, Inc. and DSU Consultants,have submitted proposals for 35 consideration. 36 37 Mr. Prosser said in an effort to save costs,both firms were advised of the availability of WSB 38 Engineers to "partner" in the AUAR study. WSB has significant base data required for the 39 AUAR study. He stated both firms included WSB as partners in their proposals. 40 41 Mr. Prosser said after a review of DSU and SRF's scope of services,references, time, and cost, 42 Ehlers &Associates recommends that DSU be selected to undertake the AUAR study required 43 for this development. DSU is estimating the work be done in four to six months with a cost of 44 $46,200. This recommendation has been reviewed by the City staff. 45 46 Motion by Councilmember Sparks to approve Ehlers &Associates recommendation to hire DSU 47 to do the Northwest Quadrant Alternative Urban Areawide Review. City Council Regular Meeting Minutes January 28, 2003 Page 4 2 Motion carried unanimouLIL. 3 4 Mr. Prosser reviewed the activities which will be required to complete the redevelopment for the 5 Northwest Quadrant Revitalization Project. 6 7 Mr. Prosser stated the City will need to create a Redevelopment Tax Increment Financing 8 District in order to assist in paying for the public costs associated with the redevelopment. He 9 stated Ehlers & Associates is in the beginning stages of providing information so the City may 10 establish a Tax Increment District. He said a public hearing will be required as a part of this 11 process. 12 13 Mr. Mornson stated proposals are currently being requested for firms to do the inspection. He 14 said this will also be reimbursed by the Developer. 15 16 Councilmember Horst asked if work has already been done on the previous development efforts. 17 City Attorney Gilligan stated those determinations were done at least three years ago,but new 18 inspections need to be done in order to update the reports. 19 20 Mr. Prosser stated they are in a position to expedite the approval process. He said Ehlers & 21 Associates, Mr. Gilligan's firm and the City stay in touch with the legislative issues. He stated 22 the reason inspections need to be done is because property is being added, the rules have 23 changed, and the inspections are dated. 24 25 Mr. Prosser stated the Development Concept Review is where the Developer prepares a concept 26 that responds to the City's needs and is market and financially feasible. He noted that one of the 27 issues identified by the community is affordable housing. He said this will be addressed as they 28 proceed to the Development Concept Review. He said the primary focus is to make sure the 29 City remains viable. He noted that this step will be closed when the Developer brings back the 30 final development framework and it's accepted. He said the formal planning review process 31 begins after this. 32 33 Mr. Prosser said the Land Use Approvals is an activity which identifies and reviews all land use 34 and other regulatory approvals required for development. These Land Use Approvals are 35 separate and independent from the Development Concept Review and the Developer Assistance 36 Agreement. 37 38 Mr. Prosser stated the Development Agreement is the next step which outlines the level and 39 form of assistance to be provided to the Developer. He said this includes both financial 40 assistance and land assembly. It also specifies Developer performance for type and timing of 41 development. He said the final development concept is part of the final Development 42 Agreement(subject to land use approval). He said an outline of the Development Agreement 43 will be submitted in the next few months. 44 45 Mr. Mornson asked if the Development Agreement and the PUD (Planning Unit Development) 46 could be done simultaneously. City Attorney Gilligan responded that was the hope. He said it 47 makes sense to put them together within the same time frame, if possible. City Council Regular Meeting Minutes January 28, 2003 Page 5 Mr. Prosser said the goal is to keep these activities as close together as possible,but they are 2 separate actions. 3 4 Councilmember Sparks asked when the PUDs come into this process. City Attorney Gilligan 5 stated it would be a separate document, and separate PUDs for each project. 6 7 Mr. Prosser said the PUD will be a very specific docurnent with a lot more detail than the 8 Development Agreement. 9 10 Mr. Prosser stated the next step,Environmental Review,will be a public involvement process 11 that will take place in the January to April time frame. 12 13 Mr. Prosser stated.once an agreement is approved the Developer will begin land assembly. He 14 said if assistance is needed with land assembly, it will be initiated at this time. 15 16 Mayor Hodson asked if the September 2003 to May 2004 time frame is early enough for the land 17 assembly activity. 18 19 Mr. Prosser stated they will be asking the Developer to show progress and if they see an issue 20 needs to be addressed Ehlers &Associates would take action before September. 21 22 Mr. Prosser said the Project Initiation step could take place in the Spring/Summer 2004 time 23 frame if they work aggressively. He said after approval of the Development Agreement and 24 Land Use Approval the Developer will proceed with the project implementation steps. 25 26 Mr. Prosser stated that St. Anthony has had great community participation and hopes this 27 participation continues because it will help move the process along. 28 -29 Mr. Prosser thanked the City Council and said the process has been easier with staff that stays on 30 top of the issues. 31 32 Mr. Lindstrom asked at what part of the process the identification of the various housing units 33 will take place. Mr. Prosser said it will take place in the next 90 days. He said they will be 34 exploring financing resources that would help bridge the gap to make the units affordable. He 35 noted that affordable housing units could be in the price range of$600-900 depending on family 36 size. 37 38 Hearing no further comments,Mayor Hodson moved forward with the agenda. 39 40 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 41 A. Ordinance 2003-001, re: Liguor licensing(2 n'reading). 42 City Attorney Gilligan reviewed two versions of the Liquor Ordinance,both of which were 43 marked to indicate the changes from the Liquor Ordinance given first reading by the City 44 Council at its meeting on January 14, 2003. He said Version 1 contains minor revisions which 45 include language added to specifically provide that sales at the City's on-sale and off-sale 46 municipal operations do not require a license, eliminating language that provided that strong 47 beer could be sold at a premises holding a wine license and 3.2 percent malt liquor on-sale City Council Regular Meeting Minutes January 28, 2003 Page 6 1 license, and amending to change the references to "Young adults" and"minors"to "persons". He 2 said Version 2 contains the same changes as in Version 1 as well as the following changes which 3 were discussed but not approved by the Council on January 14, 2003: remove the$500 reduction 4 in a license renewal fee for a business that passes the annual compliance checks with no 5 penalties of$500 or greater, and the penalty matrix has been amended to provide that the third 6 violation for underage sales within the applicable time period results in a revocation of the 7 license. 8 9 Councilmember Sparks asked about hours of sale. City Attorney Gilligan said the State law sets 10 forth the hours of sale which is noon on Sunday to 1:00 a.m. Monday. However,the City is 11 allowed to extend those hours from 10:00 a.m. Sunday to 1:00 a.m. Monday,but a public 12 hearing is needed to do so. 13 14 Sparks noted page 40 (under F) should read 'wine',not 'wire'. 15 16 Councilmember Horst asked why the limit on the number of on-sale intoxicating liquor licenses 17 issued by the City is no more than three. Councilmember Faust stated that going with the 18 minimum amount(three)would be preferable because it can always be increased, if needed. 19 20 City Attorney Gilligan stated it would be difficult to decrease from six licenses. 21 22 Mayor Hodson stated issuing three licenses versus six would allow more control. 23 24 Motion by Councilmember Faust to approve the second reading(Version 2) of Ordinance 2003- 25 001,re: Liquor licensing. 26 27 Motion carried unanitnouLIL. 28 29 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 30 Mr. Mornson reported that February 11, 2003, there will be ajoint meeting with the school. The 31 meeting will be held at the fire station. 32 33 Mr. Mornson said February 18, 2003, there is a Public Facilities Open House at 5:30 p.m. He 34 noted that March 25, 2003, will be the final Open House. 35 36 Mr. Mornson reported that the early year-end numbers for the liquor store are in and there's a 37 profit of$301,000. He said this profit will help offset some cuts anticipated from the State. 38 39 Councilmember Horst had nothing to report. 40 41 Councilmember Sparks said she attended the Village Fest Committee meeting. She said Central 42 Park will not be ready for Village Fest this summer so it will take place at St. Anthony Village 43 Shopping Center. She said the date set for this event is August 2, 2003. She noted there will be a 44 meeting the fourth Monday of every month to organize the event and they're looking for 45 volunteers. 46 City Council Regular Meeting Minutes January 28, 2003 Page 7 Councilmember Thuesen reported that January 15, 2003,he attended the League of Minnesota 2 Cities meeting and it was beneficial to hear from elected officials and visit with them. 3 4 Councilmember Thuesen stated he will bring information to the Goal Setting meeting regarding 5 services the Northwest Youth provides to the City. 6 7 Councilmember Faust indicated that the League of Minnesota Cities meeting was very 8 enlightening. 9 10 Councilmember Faust said he attended the Northwest Quadrant Meeting and felt it went over 11 very well. He said there was great interaction with the community. 12 13 Councilmember Faust said he attended the Chamber of Commerce meeting where Mayor 14 Hodson presented the State of the City address and did a great job. 15 16 Mayor Hodson indicated that Village Fest volunteers are needed. He asked for participation. 17 18 Mayor Hodson said he had his first meeting with the Metropolitan Advisory Board. He stated 19 the regional solicitation process will take place this spring. 20 21 Mayor Hodson stated he received a great letter talking about 'Signature Street' of St. Anthony. 22 23 IX INFORMATION AND ANNOUNCEMENTS. 24 None. 25 26 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 27 None. 28 29 XI. ADJOURNMENT. 30 Motion by Councilmember Thuesen to ad ourn the meeting at 8:10 p.m. 31 32 Motion carried unanimously. 33 34 Respectfully submitted, 35 36 37 Rebecca Roehl 38 TimeSaver Off Site Secretarial, Inc. 39 40 Mayor 41 ATTEST: . 42 City Clerk 43 44