HomeMy WebLinkAboutCC PACKET 09252012CITY OF ST. ANTHONY
CITY COUNCIL MEETING AGENDA
September 25, 2012
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration,. Discussion, and Possible Action on All of the following items:
I. Approval of the September 25, 2012, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions. (informational only)
A. Kiwanis Peanut Day Proclamation.
B. University of Minnesota Sustainability Students.
III. Consent Agenda.
These items are conside?ed routine and will he enacted by one rrrotion. There will be no separate discussion of these items unless a Carrtrelltnelnher or d iqn so requests, in
which event the item will be removed ftvm the CauentAgenda and placed elrewhere on Me agenda.
A. Approval of September 11, 2012, Council Meeting Minutes. (pp. 1-4)
B. Licenses and Permits. (pp. 5-6)
C. Claims. (pp. 7-10)
IV. Public Hearing. None.
V. Reports from Commission and Staff. (Don Jensen, Planning Commissioner is presenting)
A. Resolution 12--079; Approving a 'Variance to Allow an Accessory Structure in the Front Yard for the Property
located at 2653 Stinson Boulevard. (pp. 11-38)
VI. General Business of Council.
A. Ordinance 2012-06; Amending Chapter 32.07 (A) of the City Code, Being the Planning Commission Bylaws,
final reading.) Mark Casey, City Manager, will be presenting. (pp. 39-42)
B. Ordinance 2012-08; Ordinance Amending Criminal History Background for Applicants for City Employment
and City Licenses.(first reading) Mark Casey, City Manager, will be presenting. q:)p. 43-50)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Indiridirals may address the C fry C ormrr! about my item not included on the mgul rr ugettdu..tpeu yrs are requested to come to tlx podium, sign 1i it name and address on the form at the
poelftrm, dale their name mrd addressfor the Clerk's tecatrl, and limit ii,vir trmarkr to fire mittntes. Generally, the City Conn erl wi!! not take o oral at on rlernJ discussed at ibis time, Fiat
may typically rifer the mutter todr fffor a fulure trport or duret tlx Waller to be scheduled on an toeomdng agenda.
IX. Information and Announcements.
*****Closed Meeting regarding Litigation Matters***************
X. Adjournment.
OuYMiss on is to be a progressive and livable contninnit f, a walkable village, which is sustainable, safe and secure.
FACouncil Meetings120121092520121agenda pgO.doex
r
PROCLAMATION
WHEREAS, the Kiwanis Club of St. Anthony Village is an
organization dedicated to helping the youths of
the community educationally and spiritually; and
WHEREAS, the Kiwanis Club of St. Anthony Village is also
committed to other community services; and
WHEREAS, in order to raise funds for its many programs, the
Kiwanis Club of St. Anthony Village has requested
a day be set aside in St. Anthony Village for
the sale of peanuts.
NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony
Village City Council hereby designates
FRIDAY, SEPTEMBER 28, 2012 as
ST. ANTHONY KIWANIS PEANUT DAY
Mayor
September 25 2012
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 11, 2012
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Jenson, and Roth.
Absent: Councilmember Stille.
Also Present: City Manager Mark Casey and Finance Director Shelly Rueckert.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
L APPROVAL OF SEPTEMBER 11, 2012, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of September 11, 2012.
Motion carried 4-0 (Councilmember Stille absent).
IL PROCLAMATIONS AND RECOGNITIONS.
None.
III. CONSENT AGENDA.
A. Consider August 28, 2012, Council meeting minutes:
B. Consider licenses and permits; and
C. Consider payment of claims.
Motion by Councilmember Jenson, seconded by Councilmember Roth, to approve the Consent
Agenda items.
Motion carried 4-0 (Councilmember Stille absent),
IV. PUBLIC HEARING.
None.
V. REPORTS FROM COMMISSION AND STAFF.
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City Council Regular Meeting Minutes
September 11, 2012
Page 2
None.
VI. GENERAL BUSINESS OF COUNCIL.
A. Resolution 12-077; Proposed 2013 Tax Levy and Budget in Compliance with the Truth in
Taxation Act. Shelly Rueckert, Finance Director, presenting.
Finance Director Rueckert presented the proposed 2013 General Fund budget and Levy, noting
that this information was presented at the last City Council meeting and no changes have been
made to the proposed 2013 budget and levy. She added she did not receive any calls or
comments regarding the proposed budget and/or levy following the August 28, 2012, City
Council meeting. She reviewed the 2013 budget parameters and explained the 2013 General
Fund is set at $3,098,343 representing a $53,177 increase over 2012 and the overall 2013 levy is
$5,426,789, a $203,700 increase over 2012. She reviewed 2013 General Fund revenues and
expenditures, stating that 57% of General Fund revenues come from property taxes and another
23% from contracts with other cities for services, e.g., the police contract with Falcon Heights
and Lauderdale, and the remaining 20% provided by intergovernmental revenues. She stated the
proposed 2013 General Fund levy increase of 1.75% is adequate to maintain current City
services, the proposed Capital Improvement levy of $50,000 was added this year to replace a
prior source of funds, the road improvement levy increase of $101,429 includes the 2012 street
improvement project, the lease revenue bonds will decrease by $30,000 due to the City's ability
to refinance existing debt service, the HRA levy will increase due to lower interest earnings, and
the tax abatement levy has been reduced due to refinancing of debt, and the total 2013 levy
equates to a 3.9% increase from 2012. She indicated the 2012 average homeowner paid $68.64
per month for City services in 2012. She stated that since 1999, the City has received over $15
million in grants and donations and recently added partnerships with New Brighton for joint
purchasing of gas products, with the City of Birchwood Village to provide utility billing services,
and with MWMO to provide accounting services. She indicated the December 11, 2012, City
Council meeting will include a public hearing and information will be provided at that time that
shows the impact of the 2013 levy and 2013 budget on individual property owners.
Mayor Faust pointed out that the City must submit its preliminary 2013 levy and budget to the
County for certification by September 15, 2012, and inclusion in the Truth in Taxation Notices
mailed in mid-November to property owners.
Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 12-
077; Setting the City of St. Anthony Village's Proposed 2013 Tax Levy and General Operating
Budget.
Motion carried 4-0 (Councilmember Stille absent).
13. Ordinance 2012-06; Amending Chapter 32.07(A) of the City Code, Being the Planning
Commission Bylaws (Second Reading). Mark Casey, City Manager, presenting.
City Council Regular Meeting Minutes
September 11, 2012
Page 3
City Manager Casey presented the second reading of an Ordinance to change the date of the
Planning Commission's meetings from the third Tuesday to fourth Monday of the month
beginning in October 2012.
Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Second
Reading and Adopt Ordinance No. 2012-06; Amending Chapter 32.07(A) of the City Code,
Being the Planning Commission Bylaws.
9 Motion carried 4-0 (Councilmember Stille absent).
10
11 C. Ordinance 2012-07; Adding Chapter 150.020 Electrical Requirements and Chapter
12 33.061 Fee Number 20 of the City Code (First Reading). Mark Casey, City Manager,
13 presenting.
14
15 City Manager Casey explained that this Ordinance will permit the City to process all electrical
16 permits and conduct all electrical inspections, which are currently being done by the Minnesota
17 Department of Labor and Industry. He stated this will allow the City to provide a more user -
18 friendly process for users, contractors, and inspectors. He added that there will be some slight
19 increases as well as decreases in the overall fee schedule.
20
21 Mayor Faust stated that this process will benefit the public because they can come to City Hall
22 and get everything done in one place rather than having to go to the State.
23
24 Motion by Councilmember Roth, seconded by Councilmember Gray, to waive the first and
25 second reading and approve Ordinance 2012-07; Adding Chapter 150.020 Electrical
26 Requirements and Chapter 33.061 Fee Number 20 of the City Code.
27
28 Motion carried 4-0 (Councilmember Stille absent).
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31 D. Resolution 12-078; Appointing Brian Nelson as the Electrical Inspector for the City of St.
32 Anthony. Mark Casey, City Manager, presenting.
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34 City Manager Casey explained that this resolution appoints Brian Nelson as the City's Electrical
35 Inspector and noted that Brian Nelson is currently doing electrical inspections in the City so
36 residents will see the same inspector.
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38 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
39 12-078; Appointing Brian Nelson as the Electrical Inspector for the City of St. Anthony Village.
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41 Motion carried 4-0 (Councilmember Stille absent).
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43 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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45 City Manager Casey — No report.
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City Council Regular Meeting Minutes
September 11, 2012
Page 4
Councilmember Jenson — No report.
Councilmember Roth reported on his attendance at the September 6°i Cable Commission
meeting and stated a strategic business plan was adopted at that meeting.
Councilmember Gray - No report.
Mayor Faust reported on his attendance at the following:
• September 10°i Regional Council of Mayors meeting where Dr. Debra Swackhamer from
the Water Resources Center at the University of Minnesota gave a presentation about
how water interacts with energy. He agreed to forward Dr. Swackhamer's presentation to
the City Council.
• September 11°i MWMO meeting. He stated the MWMO board approved a $5.4 million
budget and $1.2 million has been designated for water purification at the southern end of
the City near the Autumn Woods site.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda. Ifearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS.
Mayor Faust reported that the City will be collaborating with the cities of Lauderdale and Falcon
Heights on sustainability efforts and the City will be hosting a forum on October 11, 2012, and
on November 1, 2012, at Silverwood regarding how communities can become more sustainable.
He stated the program will be led by University of Minnesota students and instructors as part of
course work related to the University's sustainability minor program. He thanked City Manager
Casey for initiating the forums and stated further information will be forthcoming.
Mayor Faust stated the LED in -pavement lighting for the pedestrian crossing in front of City
Hall should be operational by the end of the week.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:30 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
Saint Anthony Village
DATE: September 25, 2012 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
lire Heating & Air Conditioning, Eden Prairie, MN
;sota Heating, & Air Conditioning, Maple Grove, MN
land Mechanical Contractors, New Hope, MN
Mechanical, Shoreview, MN
Twin Cities Transport & Recovery
3201 Stinson Blvd
Applicant: Thomas Kringstad
Location: 2516 29°i Ave
Applicant: I-Iighcrest Manor
Location: 3605 — 3615 37°i Ave
Applicant: The Landings
Location: 2551 38°i Ave
Applicant: John Lam
Location: 3204 — 3206 39°i Ave
Applicant: Woubalem Birmachu
Location: 4096 Foss Rd
Lang Nelson
2600 Kenzie Ter
Lowry Grove
2501 Lowry Ave 9 C-19
Highland Court
3800 Macalaster Dr
Sandberg Family Partnership
3820 Macalaster Dr
John Ondrechen
2906 Old Hwy 8
5
Applicant:
Greg Steiner
Location:
3016 Old Hwy 8
Applicant:
Penny Schneider
Location:
3923 Silver Lake Rd
Applicant:
Equinox
Location:
2808 Silver Ln
Temporary
3.2 Beer Permit:
Date:
October 7, 2012
Applicant:
Sharon Poland
Location:
Central Park
Temporary
Liquor License:
Date:
October 5-6, 2012
Applicant:
St. Anthony All Class Reunion
Location:
Central Park Ballfield
US BANK CITY OF ST ANTHONY
CHECK REGISTER
VENDOR#
PAYEE CHECK#
DATE AMOUNT
.0402
BLOOMINGTON POLICE DEPARTMENT
18576
9/5/2012
$1,600.00
.0403
CAPITAL ONE AUTO FINANCE
18577
9/11/2012
$9,025.71
8945
ANCOM COMMUNICATIONS
18579
9/26/2012
$295.00
8450
ANIMAL CONTROL SERVICES,
18580
9/26/2012
$415.01
9924
ANOKA COUNTY SHERIFF'S 0
18581
9/26/2012
$684.00
4687
ASPEN WASTE SYSTEMS INC
18582
9/26/2012
$110.57
9925
AUTIO/CHUCK
18583
9/26/2012
$50.01
4293
BELLBOY CORP.
18584
9/26/2012
$16,386.36
4662
BOURGET IMPORTS
18585
9/26/2012
$872.50
7168
BOYER TRUCKS, INC.
18586
9/26/2012
$8.72
7253
BRAKE & EQUIPMENT WAREHO
18587
9/26/2012
$3.12
4231
CAPITOL BEVERAGE SALES
18588
9/26/2012
$15,933.75
2380
CENTERPOINT ENERGY
18589
9/26/2012
$663.29
4065
CENTRAL LOCK & SAFE CO
18590
9/26/2012
$45.90
9907
CENTURYLINK
18591
9/26/2012
$359.84
4080
CHISAGO LAKES DISTRIBUTI
18592
9/26/2012
$1,843.02
.0405
CITY OF COON RAPIDS
18593
9/26/2012
$74.00
8154
CITY OF NEW BRIGHTON
18594
9/26/2012
$1,645.00
9056
CITY OF ROSEVILLE
18595
9/26/2012
$5,494.56
8814
CITY WIDE WINDOW SERVICE
18596
9/26/2012
$16.03
4095
COCA COLA BOTTLING COMPA
18597
9/26/2012
$192.62
9902
COLUMBIA HEIGHTS ACE HAR
18598
9/26/2012
$3.21
8602
CROWN TROPHY
18599
9/26/2012
$80.05
9820
CRYSTAL SPRINGS ICE
18600
9/26/2012
$479.10
7178
D -ROCK CENTER & SMALL EN
18601
9/26/2012
$65.33
8557
DAILEY DATA & ASSOCIATES
18602
9/26/2012
$62.50
8411
DRIVER & VEHICLE SERVICE
18603
9/26/2012
$21.50
8634
DRIVER & VEHICLE SERVICE
18604
9/26/2012
$21.50
9798
FERGUSON WATERWORKS
18605
9/26/2012
$419.44
9055
FREEWAY TOWING
18606
9/26/2012
$394.20
9236
FSH COMMUNICATIONS
18607
9/26/2012
$64.13
1030
G & K SERVICES INC
18608
9/26/2012
$929.66
9854
GOPHER STATE ONE CALL
18609
9/26/2012
$281.30
4172
GRAPE BEGINNINGS, INC.
18610
9/26/2012
$86.25
1420
HAWKINS, INC
18611
9/26/2012
$7,019.04
9881
HEALTH PSYCHOLOGY SOLUTI
18612
9/26/2012
$125.00
8944
HENN CNTY INFO TECH DEPT
18613
9/26/2012
$2,502.11
9932
HENNEPIN COUNTY TREASURE
18614
9/26/2012
$787.01
9160
HEWLETT PACKARD COMPANY
18615
9/26/2012
$2,454.07
4207
HOHENSTEIN'S, INC
18616
9/26/2012
$4,063.33
8252
HOME DEPOT CREDIT SERVIC
18617
9/26/2012
$99.98
8658
INSTRUMENTAL RESEARCH, 1
18618
9/26/2012
$85.50
8035
INTERNATIONAL PUBLIC
18619
9/26/2012
$228.00
4125
JJ TAYLOR DISTRIBUTING
18620
9/26/2012
$22,260.02
4220
JOHNSON BROTHERS LIQUOR
18621
9/26/2012
$33,402.89
US BANK
CITY OF ST ANTHONY
CHECK REGISTER
VENDOR#
PAYEE
CHECK#
DATE
AMOUNT
9971
KUECHLE UNDERGROUND
18622
9/26/2012
$19,340.67
9351
LANGUAGE LINE SERVICES
18623
9/26/2012
$8.50
9851
LAW ENFORCEMENT TECHNOLO
18624
9/26/2012
$266.02
8434
LEAGUE OF MINNESOTA CITI
18625
9/26/2012
$7,159.00
9112
LEAGUE OF MINNESOTA CITI
18626
9/26/2012
$30.00
9947
LEECH LAKE BREWING COMPA
18627
9/26/2012
$46.20
2040
LILLIE SUBURBAN NEWSPAPE
18628
9/26/2012
$77.00
2100
MACQUEEN EQUIPMENT CO
18629
9/26/2012
$343.53
9823
MAILFINANCE
18630
9/26/2012
$142.22
2130
MAMA
18631
9/26/2012
$40.00
9255
MIDWEST SIGN &SCREEN PR
18632
9/26/2012
$401.98
9890
MINNESOTA BOARD OF FIREF
18633
9/26/2012
$150.00
8494
MINNESOTA MUNICIPAL
18634
9/26/2012
$30.00
8766
MINNESOTA OCCUPATIONAL
18635
9/26/2012
$93.00
9195
MISTER CAR WASH
18636
9/26/2012
$82.58
2395
MTI DISTRIBUTING, INC
18637
9/26/2012
$537.39
8326
NEWMAN TRAFFIC SIGNS
18638
9/26/2012
$582.82
45
OFFICE DEPOT
18639
9/26/2012
$548.48
8528
PACE ANALYTICAL SERVICES
18640
9/26/2012
$52.00
4354
PAUSTIS & SONS
18641
9/26/2012
$2,113.95
9563
PETTY CASH - U.S. BANK
18642
9/26/2012
$156.29
4360
PHILLIPS WINE & SPIRITS
18643
9/26/2012
$5,522.84
4372
PLUNKETT'S
18644
9/26/2012
$993.15
9882
QUICKSILVER EXPRESS COUR
18645
9/26/2012
$12.86
9119
RECHECK
18646
9/26/2012
$15.00
10004
ROSEVILLE CHRYSLER DODGE
18647
9/26/2012
$20.69
9182
SAM'S CLUB
18648
9/26/2012
$386.64
8199
SIGNATURE CONCEPTS, INC.
18649
9/26/2012
$2,740.19
9127
SIMPLEXGRINNELL
18650
9/26/2012
$460.00
9843
SOUTHERN WINE & SPIRITS
18651
9/26/2012
$14,506.09
10005
ST ANTHONY HISTORICAL SO
18652
9/26/2012
$321.83
3490
STREICHER'S /
18653
9/26/2012
$1,128.69
10006
SUBURBAN POLICE CHAPLAIN
18654
9/26/2012
$150.00
8964
TASC
18655
9/26/2012
$47.00
9842
TASC- CLIENT INVOICES
18656
9/26/2012
$100.00
.0406
TERRY OVERACKER PLUMBING
18657
9/26/2012
$24.00
7337
TIMESAVER OFF SITE SECRE
18658
9/26/2012
$378.75
9934
TOUCHLESS TUNNEL WASH
18659
9/26/2012
$91.38
3560
TRACY PRINTING
18660
9/26/2012
$358.57
9590
U.S. BANK (PURCHASING
18661
9/26/2012
$1,381.55
8336
UNITED ELECTRIC COMPANY
18662
9/26/2012
$68.57
8270
UNITED STATES POSTAL SER
18663
9/26/2012
$700.00
8227
VERIZON WIRELESS
18664
9/26/2012
$82.61
.0404
VILLAGE GREEN LANDSCAPES
18665
9/26/2012
$1,674.78
4451
VINOCOPIA
18666
9/26/2012
$82.50
9366
WAL-MART BUSINESS CENTER
18667
9/26/2012
$116.61
US BANK CITY OF ST ANTHONY
CHECK REGISTER 9
VENDOR # PAYEE
8316 WINE COMPANY/THE
8310 WINE MERCHANTS INC
9364 WIRELESS WORLD
4175 WIRTZ BEVERAGE - (GRIGGS
9734 WIRTZ BEVERAGE MINNESOTA
9878 WORLDPOINT ECC, INC.
8273 WSB & ASSOCIATES, INC.
2680 XCELENERGY
7325 YOCUM OIL COMPANY, INC.
TOTAL
CHECK#
DATE
AMOUNT
18668
9/26/2012
$566.40
18669
9/26/2012
$1,471.24
18670
9/26/2012
$60.12
18671
9/26/2012
$11,065.94
18672
9/26/2012
$14,833.25
18673
9/26/2012
$161.95
18674
9/26/2012
$6,506.00
18675
9/26/2012
$19,383.76
18676
9/26/2012
$16,840.90
$266,109.62
10
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a
WSB
& Associnres, Inc. Infrastructure ■ Engineering r Planning ■ Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
CITY OF ST. ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village City Council
From: Kelsey Johnson, AICP, City Planner
Date: September 18, 2012
City Council Regular Meeting for September 25, 2012
WSB Project No. 01626-630
Request: Request for a Variance to allow an Accessory Structure in the Front
Yard at 2653 Stinson Boulevard
RECOMMENDATION
The Applicant's request for a variance to allow an accessory structure in the front yard is reasonable and
consistent with the City's Comprehensive Plan. Based on review, staff recommends approval of the
requested variance for the property located at 2653 Stinson Boulevard subject to the conditions as
outlined in Exhibit C.
GENERAL INFORMATION
Applicant:
Patricia LaBossiere and Nina Guertin
Owner:
Same as above
Location:
2653 Stinson Boulevard
Existing Land Use 1
Low Density Residential/zoned: RI; Single Family
Zoning:
Surrounding Land
North: St. Charles Borromeo Catholic Church and School; Zoned Rl; Single
Family
Use / Zoning:
East: Low Density Residential / Zoned R1 - Single Family
South: Low Density Residential /Zoned R1 - Single Family
West: Low Density Residential / (City of Minneapolis)
Deadline for Agency
Application Date: 08-15-12
Action:
60 Days: 10-13-12
Letter Sent: NIA
120 Days: 12-12-12
CONSIDERATIONS RELATING TO THE PROPOSED 'VARIANCE
1. Background
The property owners wish to construct a 10 -foot by 20 -foot (220 square feet) shed in the front yard of
the property located at 2653 Stinson Boulevard. The property is located at the corner of Stinson
Boulevard and 27th Avenue NE. The proposed shed would be located approximately six feet from
the front lot line (at the closest point — please note the shed is angled to avoid removing a tree and to
provide better screening) and approximately 12 feet from the existing art studio/garage. The
proposed shed meets the required side yard setback.
11
12
September 18, 2012
Page 2
2. Overview
As shown in Exhibit A, the front of the property is located on Stinson Boulevard and the home is
oriented towards the rear of the lot. As proposed, a variance would be needed for the front yard
setback.
The property is a corner lot, situated at the junction of Stinson Blvd and 27th Ave. The existing lot is
60 feet by 189 feet. The 189 -foot portion of the lot is parallel to Stinson Boulevard, with the 60 -foot
portion of the lot parallel to 27th Avenue NE. This is consistent with the homes located along 27th
Avenue. Because the front of the house is oriented towards Stinson Boulevard (long side of the lot)
and the home meets existing front yard setback requirements, the house is located only 10 feet from
the rear lot line.
The City's Zoning Ordinance requires accessory structures to be located in the rear yard. In this case,
that is physically impossible to do and still meet City requirements. There is no room to include the
construction of a shed in this area and still meet the required rear yard setback.
A garage currently exists on the property and is located in the side yard on the southern end of the
property. The garage is currently used for storage of equipment such as a lawn mower, snow blower,
and outdoor lawn furniture. The Applicants wish to use the proposed shed for the storage of this
equipment in order to make room to park a vehicle in the garage.
In 2011, the property owner constructed an addition to the north end of the garage, which is used as
an art studio. The art studio complicates the possibility of expanding the garage to incorporate
additional storage. The art studio would need to be removed in order for the expansion to occur. The
owner has stated that they believe the art studio enhances the aesthetic appeal and enjoyment of the
property and do not wish to have it removed. See Exhibit B for pictures.
The property owners have indicated the proposed storage shed will be located next to a mature pine
tree, as well as a fence located on the property so as to provide the most screening from Stinson
Boulevard.
Other options are available which would not require a variance. The property owners could expand
the existing garage or add on to the home. Both of these options would involve substantial
construction. Also, because the intent of the request is to provide outdoor equipment storage, staff
believes that a shed would be more aligned with this use than an addition to the home or the art
studio.
3. Applicable Code.
Title XV Land Usage, Chapter 152 Zoning Code, Section 152.176 Accessory Buildings (A) requires
that "no accessory building may be located within any yard other than the rear yard, except that
garages may be located in side yards".
4. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter
152 Zoning Code, Section 152.245, (C) Evidence, lists the criteria the City Council must consider in
determining whether to grant or deny a variance. The applicable criteria include:
1. The subject matter of the application is within the scope of this section.
The application for a variance is necessary considering the proposed shed is located in a yard
where it is not allowed. Criteria met.
2. Strict enforcement would cause practical difficulties because:
September 18, 2012
Page 3
a. The property owner proposes to use the property in a reasonable manner not permitted
by the zoning code;
The property owner wishes to construct the shed to store equipment such as a lawn
mower, snow blower, and outdoor lawn furniture, which is currently stored in the existing
garage. The Applicants wish to relocate the equipment in order to have room in the
garage for their car. Most properties within the City would have an opportunity to have a
storage shed in addition to a garage on their property. Having a shed to store such
equipment is a reasonable use. Criteria met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
The existing home was constructed at a time when present rules regarding setbacks were
not in existence. The home does not meet the required rear yard setback and does not
provide sufficient space to locate the proposed shed. If the home were oriented with the
front towards 27th Avenue rather than Stinson Boulevard, the Applicants would not need
a variance for this project. The rear yard is the only place the Code allows for the shed;
however, it is not the Applicants' fault that there is not sufficient room in the rear yard to
accommodate an accessory structure. Criteria met.
c. The variance, ifgranted, will not alter the essential character of the locality; and
The proposed shed will not alter the essential character of the locality. The Applicant is
proposing to construct the shed in a manner that is consistent with the principal structure
and existing garage. The proposed use remains a single family home in a single family
neighborhood. Staff finds that the essential character of the locality will not be changed.
Criteria met.
d. Economic considerations alone are not the basis of the practical difficulties.
'file request and the associated practical difficulties are not soley based on economic
considerations. There are no options to construct the shed in the rear yard — some other
location must be considered. Criteria met.
3. The variance, ifgranted, would be consistent with the city's comprehensive land use plan.
If the variance is granted the use of the property would remain the same as it is today. The
comprehensive plan guides this area for single family use and adding the shed will not alter that
use. Criteria met.
4. The granting of the variance is in harmony with the general purposes and intent of the zoning
code.
The intent of the zoning code is to protect the health, safety, and general welfare of the city and
its people through the establishment of minimum regulations governing land development and
use. "rhe zoning code is established to:
a. Protect the use districts;
The proposal would not change the use of the property or create a disruption to the single
family use district. The current use as a single-family home is consistent with the City
Code. Criteria met.
13
14
September 18, 2012
Page 4
b. Promote orderly development and redevelopment;
The proposal seeks to make an improvement to the property which staff finds to be
orderly. Criteria met.
c. Provide adequate light, air, and access to property;
The proposal would not negatively impact adequate light or air from reaching the
property or adjacent properties. The proposed shed will be nine feet tall and over 30 feet
from the property line. This will allow for adequate light, air, and access to the
neighboring property. Criteria met.
d. Prevent congestion in the public streets;
The proposal will have no impact on the amount of congestion in the public street.
Criteria met.
e. Prevent overcrowding of land and undue concentration of structures by regulating land,
buildings, yards, and densities;
Allowing the requested variance will not result in overcrowding of the land or an undue
concentration of structures. The shed would not put the property over the maximum
amount of impervious surface allowed by the City Code. In addition, a detached shed is a
permitted accessory use and is common within the City. Criteria met.
f. Provide for compatibility of different land uses;
The proposal will not result in a change of land use, nor will it conflict with adjacent land
uses. Criteria met.
PLANNING COMMISSION RECOMMENDATION
On Tuesday, September 18, 2012, at its regular meeting, the City of St. Anthony Village Planning
Commission unanimously recommended approval of the proposed variance with the conditions outlined
in Exhibit C.
RECOMMENDED ACTION
1. Request Additional Information and Continue the Public Hearing. The Applicant appears to
have provided enough information for the City Council to approve or deny the request. The City
Council could request additional information and could make a decision at a later date. The
Council would have until October 13, 2012 to make a decision.
2. Recommend Approval (with or without conditions) of the Variance. In the event of a
recommendation for approval (with or without conditions), the City Council may refer to Exhibit
C and may modify the draft resolution for approval to include any conditions that it deems
necessary.
3. Recommend Denial of the Variance. In the event the City Council chooses denial of the
requested variance, it should clearly state its reasons for the denial recommendation.
ATTACHMENTS
Exhibit A: Location map
Exhibit I3: Application and supporting material
Exhibit C: Draft resolution
414
2653 Stinson Boulevard
Variance Request
City Council ivleeting
September 25, 2012
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• General Information
Applicant / Owner: Patricia LaBossiere and Nina Guertin
Location: 2653 Stinson Boulevard
Existing Land Use
/ Zoning:
Surrounding Land Use
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Low-density residential / Zoned R-1- Single family
North: St. Charles Borromeo Catholic Church and School /
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East: Low-density residential / Zoned R-1- Single Family
South: Low-density residential / Zoned R-1- Single Family
West: Low-density residential / (City of Minneapolis)
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structure cannot be located in the rear yard
— A garage and art studio are currently located in
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• Variance Criteria Review
— The subject matter of the application is within the
scope of the variance process
— The property owners propose to use the property
in a reasonable manner. Most lots within the city
have space for an accessory structure. The shed
would be used to store equipment to make room
for a car in the garage.
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• Variance Criteria Review
— The circumstances are unique to the property. The
home is oriented such that an accessory structure
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— The variance will not alter the character of the
locality. If the orientation of the home were
towards 27th Ave, a variance would not be
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— Economic considerations are not the basis of the
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comprehensive plan. The property is guided for
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• The proposal will not negatively impact adequate light or air from
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• The proposal will have no impact on congestion in the public street
• The proposal will not result in overcrowding of the land
• The proposal will not conflict with adjacent land uses
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2653 Stinson Blvd Variance
• Recommendation
Staff recommends approval of the variance to allow an
accessory structure in the front yard subject to the
conditions outlined in Exhibit C
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3301 Silver Lake Road • St. Anthony, MN 55418 • (p) 612.782.3301 • (f) 67.2.782.3302
www.ci,sailit-aiitiioiiy.iiiji.us
VARIANCI? APPLICATION
PEE: $60 Residential $100 Other Zoning Districts
A. GENERAL DATA
APPLICANT'S NAME:
The above-named individual, firm, or corporation hereby respectfully submits the following information for the purpose of
securing a variance from existing land use zoning controls as found in the City of St. Anthony's Zoning Code.
ch�ati�vK�t���
contact Person
E. PROJECT INFORMATION
1.. Subject Property Address:
Name
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Pint
2. Specify the nature of the project for which a variance is sought: _
3.. Explain hops you }vi.3h to Nary from the applicable prolvisions of the
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Day Phone
4. Explain in a written statement why the strict enforcement of the Ordinance wouid cause practical difficulties for
the applicant, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to
circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential
the character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please
address each of these items in your written statement. (City Code §152.245(C))
5. Check all additional supporting documents which are being submitted to help explain this project proposal:
Sitellan* ❑ 'I'opogra phic Map Other (specify) -..
Required Can alhmh additional pages to falh/ explain proposal amt neer! for oariance.
I IIFREBY CGRTItY WrI,[I MY SIGN A'I'URE TARP AL1. DATA ON MY APPLICATION FORMS, PLANS ANI) SPI'CIFICATIONS ARE 'I'RUE. ANI)
CORIOX-r TO THE BEST OF MY KNOWLEDGE.
Signaume
EXPIRATION
Date
Within one (t) yearafter the approval of a variance or appeal if the property owner or applicant has not substantially
started the construction of any building, structure, addition or alteration requested as part of the approval, said variance
shall become null and void unless an application for extension of (lie approval has been submitted. A letter to extend
the approval of a variance shall be submitted to the City Planner not less than thirty (30) days before the expiration of
said approval. Such letter shall state the fact for the request, showing, a good faith attempt to utilize the variance, and
it shall state the additional time being requested to begin the proposed construction. The City Council may grant extensions
not to exceed one (1) year.
P:\2072 Website\Variance Amendment Application May 2012,docx
08-15-12 fap:DO
27
Patricia A. LaBossiere / Nina E. Guertin
612-770-8804 / 612-803-9159
2653 Stinson Boulevard
St. Anthony Village, MN 55418
August 7, 2012
Ms. Jacqueline Corkle
City of St. Anthony
3301 Silver lake Road
St. Anthony, MN 55418
Dear Ms. Corkle:
Attached you will find the pre -variance application submittal for our property at 2653 Stinson Boulevard,
St. Anthony.
The legal description of the property is Lot 28, Block 8, Murray Heights Addition to Minneapolis,
Hennepin County, MN. The property is a corner lot, located on the SE corner of 27th Avenue NC and
Stinson Boulevard. Our zoning district is R-1.
Unique circumstances and practical difficulties causing the need to seek a variance / variances:
We would like to seek a variance of City code 152.176, which states that, "No detached accessory
building may be located within any yard other than the rear yard, except that garages may be located in
side yards."
Unfortunately, our home was built facing Stinson Boulevard, with no back yard, only side and front
yards. We have considered the best place for shed placement on our property, and would like to move
forward on an application to seek a variance to build a 10' x 20' shed in the front yard, placed in the SW
corner of our property, as we feel that the shed would be better hidden in that area of our yard, and it
would be more aesthetically pleasing overall.
The west -facing 10' side of the shed would be facing Stinson Boulevard, which is the side most seen.
The south -facing 20' rear side of the shed would be partially hidden by the fencing as well as by an
existing mature pine tree, which is on the outside of the fence, and which faces the alleyway. The20'
north side of the shed would be facing the south side of our home, and the 10' east side of the shed
would be facing our privacy fence and our garage doors.
Note: We did consider placing the shed along the privacy fence bordering the east side of our property,
but that placement is much more visible from Stinson Boulevard. Also, if you look at the site plan,
placing a shed in that area would seem "plopped -in" rather than "tucked -in". And, although the exterior
would be cedar -shingled, we feel that less siding exposure to Stinson Boulevard would be more
aesthetically pleasing. Finally, we found this summer that the east area is prime for raising both
vegetables and flowers. The area we have selected for the proposed shed is highly acidic due to the
pine tree, and would not be a sustainable garden area.
Statement of request:
We would like to seek the planning commission's permission to pursue erecting a single -story 10' x 20'
shed in the SW corner of our lot, within our front yard. The placement of the shed's end would be 6' in
from the property line toward the existing garage, as shown on the attached diagram, and 3' in from the
fence line, which is 3' in from the property line.
Our plan would be to cedar shingle the exterior of the shed to tie-in with the exterior of the art studio
completed in 2011 attached to the garage and located on the north side of the garage / studio building.
Pictures of the exterior of the garage / studio are attached.
To -scale drawings of the lot size and dimensions, buildings and structures with dimensions, an 11" x 17"
copy of plan and 8-1/2" x 11" copy of plan are also attached.
Comments:
• Shed would be set on footings rather than placed on a concrete slab.
• Shed exterior would be finished with cedar shakes and sealed with Cabot Australian Timber Oil
to keep it looking natural and to tie-in with current garage / studio exterior.
• Our goal is to not only enhance the curb appeal of our property, but also to place a practical
outdoor storage building on our property to house our riding lawn mower, walk -behind mower,
two wheel barrows, two scooters, outdoor lawn furniture, snow blower, boat and other large
items that will not completely fit in our garage along with both of our vehicles (SUV and Y4 ton
long -bed pickup). We prefer to place these items into a shed rather than leave them outside
covered with a tarp, which we believe is not only insecure, but also unsightly.
• The art studio enclosure that was completed in 2011 on the north side of the garage was built
out at a cost of approximately $15,000. To demolish this space in order to attach shed space is
neither a practical nor financially prudent solution, and it is not in keeping with St. Anthony's
mission of being a city committed to reduce, reuse, recycle, sustain.
We respectfully hope that you can see from the attached photos that the newly -finished studio space is
beautifully done and in keeping with the high standards of aesthetics in St. Anthony Village. As
mentioned, our desire would be to build a shed that compliments the buildings and the property, which
we have worked tirelessly to improve since purchasing the property in May 2011.
In closing, please understand that we love our new home and we truly enjoy living in St. Anthony. We
appreciate the city's mission " ... to be a progressive and livable community, a walkable village, which is
sustainable, safe and secure." We respect our neighbors and our neighborhood. We have received
innumerable compliments from both St. Anthony and Minneapolis residents walking by our home on
the improvements we have completed and / or are working on throughout our property.
We hope that you can see by the photos attached that we do love and care for our home, and we hope
that you will consider our request to move forward and seek a variance to the City's code 152.176.
Respectfully submitted,
Patricia . Lal3ossiere
Enc.
Dina E. Guertin
CJ
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32
Photo Documentation
Front of home, 2553 Stinson Blvd.
The A frame in white will be Cedar Shingled to match studio in 2013.
Studio / Garage, West Facing with Cedar Shingle Siding
Completed September 2011
33
Studio / Garage, North Facing, Cedar Shingle Siding, Completed September 2011.
This side is 26' wide; proposed shed would be approximately 12' to the right and would
also be finished with same shingle siding in keeping with the aesthetics of the property.
Ft~
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Proposed location for 10'x20' shed, SW corner of lot. The shed, from this north- facing view,
would be 20' wide and nicely proportioned with the studio size. Finish of the shed would be
cedar shingled, same as the studio.
34
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35
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 12-079
RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY
STRUCTURE IN THE FRONT YARD FOR THE PROPERTY LOCATED AT
2653 STINSON BOULEVARD
WHEREAS, the City of St. Anthony Village received a request from the
Applicants Patricia LaBossiere and Nina Guertin for a variance to allow an a storage shed
in the front yard for the property located at 2653 Stinson Boulevard on August 15, 2012,
legally described as follows:
LOT 28, BLOCK 8, MURRAY HEIGHTS ADDITION TO MINNEAPOLIS
WHEREAS, the Applicants have requested a variance to allow a shed in the front
yard on the property; and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicants' application at their regular
meeting on September 18, 2012; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village approves the Applicants' variance request based on the following
findings:
The requested variance is consistent with all the standards for granting a
variance as described in Section 152.245 of the St. Anthony Village Zoning
Code. More specifically, the City Council finds that the requested variance is
justified for the following reasons:
a. The property owner proposes to use the property in a reasonable manner.
The shed will be used to store equipment such as a lawn mower, snow
blower, and outdoor lawn furniture, which is currently stored in the
existing garage.
b. The rear yard is the only place the Code allows for the shed; however, it is
not the property owners' fault that there is not sufficient room in the rear
yard to accommodate the shed. The existing home was constructed at a
time when present rules regarding setbacks were not in existence. The
home does not meet the required rear yard setback and does not provide
sufficient space to locate the proposed shed.
c. Granting the variance will not alter the essential character of the locality.
If the home were oriented with the front towards 27th Avenue rather than
Stinson Boulevard, the Applicants could propose the shed in the same
location and would not need a variance. The Applicants are proposing to
36
construct the shed in a manner that is consistent with the principal
structure and existing garage. The proposed use remains a single family
home in a single family neighborhood. Staff finds that the essential
character of the locality will not be changed.
d. Economic considerations alone are not the basis of the practical
difficulties.
e. Granting the variance is consistent with the City's comprehensive land use
plan and is in harmony with the general purposes and intent of the City's
Code relating to protecting the use districts. "rhe use of the property will
remain the same as it is today.
f Allowing the variance is in harmony with the general purposes and intent
of the City's Code relating to promoting orderly development and
redevelopment. Allowing the shed at the proposed location on the
property is consistent with promoting orderly redevelopment.
g. Granting the variance is in harmony with the general purposes and intent
of the City's Code relating to providing adequate light, air and access to
property.
h. Allowing the variance is in harmony with the general purposes and intent
of the City's Code relating to preventing congestion in public streets. The
project will have no impact on congestion.
Allowing the variance is in harmony with the general purposes and intent
of the City's Code to provide for compatibility of different land uses. The
project will have no impact on land use compatibility.
Allowing the variance is in harmony with the general purposes and intent
of the City's Code to prevent overcrowding of land and undue
concentration of structures by regulating land, buildings, yards and
densities. A detached shed is a permitted accessory use and is common
among other homes in the City. The proposed shed would not put the
property over the maximum amount of impervious surface. The variance
will not result in overcrowding or concentration of buildings.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested variance is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning construction of the proposed shed.
2. The proposed shed shall at no point be closer than 6 feet from the front
property line.
3. The exterior of the shed shall be done in a manner that is consistent with home
and garage with regard to color and building materials.
APPROVED in the regular session of the City Council on September 25, 2012.
Jerome O. Faust, Mayor
Attested:
Barb Suciu, City Clerk
37
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'v.
39
*IaREc2kESTFOR CokNC(L. CONSIDFPR_AT(ON
Report Date: September 25, 2012
Meeting Date: September 25, 2012
ITEM DESCRIPTION:
Ordinance 2012-06; Amending Chapter 32.07 (A) of the City Code, Being the Planning
Commission Bylaws
REVIEW:
The City of St. Anthony recently went through a re -organization and part of this re-
organization was changing from a Staff Planner to a Consultant Planner. Our Consultant
Planner currently has a conflict with the Planning Commission meeting being held on the
third Tuesday of the month. The Planning Commission discussed the conflict and
recommended rescheduling the meeting to the fourth Monday of the month at their August
21, 2012 meeting. Before you tonight, is a proposed ordinance amendment to the Planning
Commission Bylaws to reschedule the Planning Commission meeting to the fourth Monday
of the month beginning in October 2012.
This is the final reading of the ordinance amendment.
m
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CITY OF SAINT ANTHONY
ORDINANCE NO. 2012-06
AN ORDINANCE AMENDING CHAPTER 32.07(A) OF THE CITY CODE,
BEING THE PLANNING COMMISSION BYLAWS
The City Council of the City of Saint Anthony ordains as follows:
§ 32.07 PLANNING COMMISSION BYLAWS.
(A) A schedule of meeting dates shall be established and may be changed or altered at any
regular scheduled meeting. One regular meeting date is established each month on the fourth
Monday at 7:00 p.m. in the City Council Chambers.
Effective Date. This ordinance shall become effective as of the October 1, 2012.
First Reading: August 28, 2012
Second Reading: September 11, 2012
Adopted:
Mayor
AT'T'EST:
City Clerk
Publish: St. Anthony Bulletin
41
wl)
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43
Staff Report
Date: September 19, 2012
To: Mark Casey, City Manager
From: John Ohl, Chief of Police
Subject: Ordinance Revision Regarding Computerized Criminal History Checks
As you are aware, the Bureau of Criminal Apprehension (BCA) has changed the rules by which the Police
Department can access computerized criminal history data for background checks on certain license
applications and prospective employees. The new rules require a specific ordinance with very specific
language in order to conduct these checks. I have suggested that we put the BCA requirements in two
separate ordinances using the model language provided by the League of MN Cities. By doing this, we
will avoid having to modify several ordinances the next time there is a change, and will have the
necessary ordinances in place to conduct City business.
MA
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45
CITY OF SAINT ANTHONY VILLAGE
ORDINANCE NO. 2012-08
AN ORDINANCE AMENDING CRIMINAL HISTORY BACKGROUND FOR
APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES
The City Council of the City of Saint Anthony ordains as follows for City Employment:
§ 32.50 EMPLOYMENT BACKGROUND CHECKS
A. Applicants for City Employment
(1) Purpose: The purpose and intent of this section is to establish regulations that will allow lazy
enforcement access to Minnesota's Computerized Criminal History information for specified non-
criminal pi.trposes of employment background checks for City positions.
(2) Criminal History Employment Background Investigations: The City of St. Anthony Police
Department is Itereby required, as the exclusive entihj within the Cihj, to do a criminal history
background investigation on the applicants for the following positions within the city, unless the
city's hiring authority concludes that a background investigation is not needed:
All full and part-time positions.
(3) In conducting the criminal history background investigation in order to screen employment
applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau
Department of Criminal Apprehensions Computerized Criminal History information system in
accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the
Police Department under the care and custody of the chief law enforcement official or hisjher
designee. A summary of the results of the Computerized Criminal History data may be released by
the Police Department to the hiring authority, including the City Council, the City Manager.
(4) Before the investigation is undertaken, the applicant must authorize the Police Department by
written consent to undertake the investigation. The written consent must fully comply with the
provisions of MN Statute Chapter 13 regarding the collection, maintenance and use of the
information. Except for the positions set forth in Minnesota Statutes Sections 364.09, the City will
not reject an applicant for employment on the basis of the applicant's prior conviction unless the
crime is directly related to the position ofemployment sought and the conviction is for a felony,
gross misdemeanor, or misdemeanor with a jail sentence. If the Cihj rejects the applicant's request
on this basis, the City shall notify the applicant in writing of the following:
a. The grounds and reasons for the denial.
b. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section
364.06.
c. The earliest date the applicant may reapply for employment.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
W.
§ 32.43 POLICE DEPARTMENT
(A) Responsibilities. The Police Department will have the duties and responsibilities given in accordance with
the Constitutions and laws of the United States and the State of Minnesota, this code and other official acts of
the city. The Police Department, under the direction of the Chief of Police, is charged with the protection of all
persons and property within the corporate limits of the city, and the other areas as agreed upon by the City
Council or required by law. The Police Department will be responsible for prevention of crimes, accidents, and
civil disorders, control of traffic, and general enforcement of this code and applicable statutory laws. As sushi
upon the request of the City Manager- or designee, the Peliee DepaAment shall orevide eeFtain eriminal histery
. .._ _____._____ ___ ___J r.,____.,.,,_., `._-...Y""J ••••••••, t'•"'•••.•••,• •••,,• ••,••l +"•�••..bva v. vv.�.b..vv ..u.� vvcasaaavu—craw
with the tinder -standing that the f
,
The Cihj Council of the Citi] of Saint Anthony ordains as follows for City Licenses:
§ 111.002 APPLICATION.
(C) License Background Checks.
(1) Purpose:
The purpose and intent of this section is to establish that will allow law enforcement
access to Minnesota's Computerized Criminal History information for specified non-
criminal purposes of licensing background checks.
(2) Criminal History License Background Investigations:
The St. Anthony Police Department is hereby required, as the exclusive entity within the
City, to do a criminal history background investigation on the applicants for the following
licenses within the city:
Fireworks Dealer
Liquor Licensing
Pawnbrokers
Peddlers and Solicitors
Physical Culture and Health Insurance Services and Clubs
Second Hand Dealers
In conducting the criminal history background investigation in order to screen license
applicants, the Police Department is authorized to access data maintained in the
Minnesota Bureau of Criminal Apprehensions Computerized Criminal History
information system in accordance with BCA policy. Any data that is accessed and
acquired shall be maintained at the Police Department under the care and custody of the
chief law enforcement official or his/ her designee. A summary of the results of the
Computerized Criminal History may be released by the Police Department to the
licensing authority, including the City Council, the City Manager, or other city staff
involved the license approval process.
(3) Before the investigation is undertaken, the applicant must authorize the Police
Department by written consent to undertake the investigation. The written consent must
47
fully comply with the provision of MN §364.09, the city will not reject an applicant far a
license on the basis of the applicant's prior conviction unless the crime is directly related
to the license sought and the conviction is for a felony, gross misdemeanor, or
misdemeanor with a jail sentence. If the City rejects the applicants request on this basis,
the City shall notify the applicant in writing of the following:
a. The grounds and reason for the denial.
b. The applicant complaint and grievance procedure set forth in Minnesota
Statutes Section 364.06.
c. The earliest date the applicant may reapplyfor the license.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
(SECONDHAND DEALERS)
111.256 APPLICATION VERIFICATION
All applications will require criminal history data as described in Section 111.002 subsection C. Within 30
days after receipt of the completed application and the criminal history background has been completed, the
Police Department will make a written report and recommendation to the Cihj Council as to the issuance or
non -issuance of the license. All appl iea4iens n _oreferred to the Pokee Depa cffient iielr— iir�'rcc^rciv^ix
and investigation of the faets set forth in the applieation. Within 60 days after r-eeeipt of a eomplet-e
additional im,estigation as it deems neeessary. The City Manager may also r-equest that the Pei' , ,
Department shall provide eer-tain oriminal histor-), data eentained at the Minnesota Bureau of Criminal
Apprehension for the investigation of an applieant's eha-raeter andvefification of the faets as set f4th
in the appheation. If additional investigation is
the applicant shall pay the eit), the eost of
the additional investigation. The lieense shall not be issued until an), additional ifivestigation eosts are
„„��,,�� ,
Pais
(PAWNBROKERS)
111.290 APPLICATION VERIFICATION.
All applications shall be referred to the Police Department for verification and investigation of
the facts set forth in the application as described in Section 111.002 subsection C. Within 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 `'etmc4
S•
(PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS)
111.345 INVESTIGATION.
All applications shall be referred to the Police Department and to the other-
ty verification and investigation of t1w facts set forth in the application as described in
Section 111.002 subsection C. ,
Within 60 days after the application date, the Pefice Chief and any other eensultants &hall subwA a
written to the _A14--anager as to issuance or non issuarwe of the firzense, setting forth the
faets:Rpeaux-hieh dhe is based.
(FIREWORKS DEALER)
111.374 LICENSE APPLICATION VERIFICATION AND CONSIDERATION.
The previsions of I 1 111.001 thr-eugh 1111.014 apply to ai+y and allikenses granted undeF this
s4behapter —and tia fahe heAder-s to -f dhea lieenses, pfevided that ah heenses shall be granted or denied by
dw City Couneg if required by state 4 --aux. T_ he C_i� , Manager is autherized to conduet any and all
Feliee Department to previde eertain eriminal history data eentained at the Minnesota Bureatt of
applieatien fe thedly-s Fire shall review the site plan and deter -mine if the
ffi-an-ner of sale, display, distribution-, and sterage eansfitutes a -fife emr-safety hazard. In assessing the
petential hazards, reference sha]4 be mmadde f-49 ala apphEable statee and-44--der-al laws, rules, an
regulations asivell as to t1he stand-awAs of the sale, display, distfibutien-, and sterate-4
eensumer- fireworks established by the Minneseta DepaA-M-eant of -A-ablie Safety, State Fire Marshal
Divisien. If no fire eF safety hazard -s -a -re ide-ni—ified, the 14cense shag be granted in aeccer-danee w
this subelapten All applications will require criminal liistonj data as described in Section 111.002 subsection
C. Within 30 days after receipt of the completed application and the criminal history background leas been
completed, the Police Department will make a written report and recommendation to tlx City Council as to the
issuance or non -issuance of the license. If the application is denied, the City Manager shall notify the
applicant of the denial in writing. The notice shall be mailed by regular and certified mail to the
applicant at the address provided in the application and it shall inform the applicant of the
applicant's right, within 20 days from the date of the notice, to submit a written request to the City
Manager for an appeal of the denial to the City Council. Appeals that are timely -received shall take
place before the City Council within reasonable period.
(PEDDLERS AND SOLICITORS)
113.03 LICENSING; EXEMPTIONS
(E) Procedure. Upon reeeipt of the eampleted apphEation and payment of the license fee, the City
complete.Manager-, wiflain 2 regular- business Elays, miast deter -mine if the app4eatian is
business days of r-eeeiv* a complete appheation-, the City Manager must is tie the heense unless
there exist grounds for- denying the license under- t in w-hieh ease the City Manager must deff
,
the se. All applications will regttire criminal histonj data as described in Section 111.002 subsection C.
Within 30 days after receipt of the completed application and the criminal history background has been
completed, the Police Department will make a written report and recommendation to the City Council as to the
issuance or non -issuance of the Iicense. If the City Manager denies the license, the applicant must be
notified in writing of the decision, the reason for denial and of the applicant's right to appeal the
denial by requesting, within 20 days of receiving a notice of rejection, a public hearing before the City
Council. The City Council shall hear the appeal within 20 days of the date of the request. The
decision of the City Council following the public hearing can be appealed by petitioning the
Minnesota Court of Appeals for a writ of certiorari.
Effective Date. This ordinance shall become effective after publication.
First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
W
50
THIS PAGE LEFT INTENTIONALLY BLANK
FUTURE COUNCIL AGENDA ITEMS
9/25/2012
Meeting
Meeting
Items/Issues
Staff present
Date
Type
October 1
SPECIAL
Worksession
City Council
5:30 pm
City Manager
Approval of Election Judges for Presidential Election - Consent
Certifying Outstanding Utility Bills - Consent
City Council
October 9
Regular
Ordinance Amendment regarding Utility Billing Processing (first
City Manager
reading)
Quarterly Goals Update
October 23
Regular
Planning Commission Items from October 16
City Council
City Manager
Awarding the Bid for the 2012 Drainage Improvement Project
City Engineer
October 30
SPECIAL
Joint Meeting with School Board
City Council
5:30 pm
City Manager
November 1.3
Regular
Approve Plans and Specifications, and Order Advertisement for
City Council
City Manager
Bids for the 2013 Street Project
City Engineer
November 27
Regular
Planning Commission Items from November 20
City Council
City Manager
Certifying of 2013 Budget & Levy
City Council
December 11
Regular
Appointing Park & Planning Commission Members
City Manager
Finance Director
December 25
Regular
City Council
City Manager