HomeMy WebLinkAboutPL PACKET 02182003 Meeting Sheet
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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.
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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;
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(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.
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(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.
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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;
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(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.
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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
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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
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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.
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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.
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.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.
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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