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HomeMy WebLinkAboutAgenda Packets - 2003/11/10PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 October 27, 2003 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, October 27, 2003 City Council Agenda. 20 21 Mayor Linke indicated that Item G would be removed from the agenda and Item 11B would be 22 heard after Just and Correct Claims. 23 24 City Administrator Ulrich requested that introduction of the new planning associate be added as 25 Item 6B. 26 27 MOTION/SECOND: Marty/Stigney. To Approve the Monday, October 27, 2003 Agenda as 28 Amended. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 5. PUBLIC INPUT 33 34 Jerry Blanski of 2933 Woodale Drive, suggested that the person that makes up the agenda put 35 those items where the City knows there will be interested citizens present to comment first on 36 Council Business to accommodate residents. He then commented that there was a blind person 37 sitting near him at the last meeting who finally left and said this was a waste of time. 38 39 Barb Bollum, Chair of the Mounds View School Board, addressed Council and discussed the 40 levy information asking that residents become educated on the true facts and become an informed 41 decision maker when they come to the polls. 42 43 Dennis Haames of 5511 Quincy Street asked what Council is doing on County Road I to assist 44 with the noise. He then asked if Ms. Bollum would like to contribute taxes for the sidewalk that 45 Mounds View City Council October 27, 2003 Regular Meeting Page 2 the City is proposing. He further commented that he would like the taxpayers to really look at 1 the levy because there is not good information on what it really is going to cost the taxpayers. 2 3 6. SPECIAL ORDER OF BUSINESS 4 5 A. Proclamation for the Ramsey County Library. 6 7 Mayor Linke read a Proclamation for the Ramsey County Library. 8 9 B. Introduction of New Planning Associate 10 11 Community Development Director Ericson introduced Kristen Prososky, the new Planning 12 Associate. 13 14 7. JUST AND CORRECT CLAIMS 15 16 A. Just and Correct Claims 17 18 Council Member Marty asked for information on the Kennedy & Graven invoice Dahl versus the 19 City of Mounds View. 20 21 City Attorney Riggs indicated it is a League of Minnesota Cities case that Council was briefed on 22 previously. 23 24 Council Member Marty asked for clarification on the water power rehabilitation. 25 26 Finance Director Hansen indicated that there was a typographical error and the invoice should be 27 for the water tower rehabilitation. 28 29 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 8. CONSENT AGENDA 34 35 A. Licenses for Approval 36 B. Consideration of Resolution 6122 Authorizing the Execution of Limited Use 37 Agreement for Judy Langner, 2337 Knoll Drive 38 C. Resolution No. 6120 Authorizing the Purchase of a Replacement Large Format 39 Plotter 40 D. Resolution No. 6117 Approving a Contract Award for Weather Service for the 41 2003 – 2006 Winter Seasons 42 E. Resolution 6128 Ratifying the Appointment of Election Judges for the 2003 43 General Election 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 3 Council Member Marty requested that Item B be removed for discussion. 1 2 MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items A, C, D, and E as 3 Presented. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 B. Consideration of Resolution 6122 Authorizing the Execution of Limited Use 8 Agreement for Judy Langner, 2337 Knoll Drive 9 10 Council Member Marty asked whether the special use rights transfer with a sale of the property. 11 12 Community Development Director Ericson indicated that they would. 13 14 Council Member Marty asked what the fees were and whether those have been recovered. 15 16 Community Development Director Ericson indicated that there were two costs involved with 17 preparing the agreement the first was for the surveyor to create the legal description that came in 18 under budget and has been invoiced and there were $100.00 in attorney’s fees that she will be 19 invoiced for. 20 21 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Item B as Presented. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 9. COUNCIL BUSINESS 26 27 A. Public Hearing, First Reading and Introduction of Ordinance 711, an 28 Ordinance Establishing a Pawn Overlay Zoning District 29 30 Mayor Linke opened the public hearing at 7:23 p.m. 31 32 Community Development Director Ericson provided an overview of Ordinance 711 indicating 33 that the Planning Commission and Staff had spent a lot of time working on the Ordinance to 34 ensure that the City has the ability to proactively address pawnshops. He then pointed out 35 exactly where the pawnshop overlay district will be located. 36 37 Rudy Chinoff indicated that he owns a business in the industrial park and wants to keep the riff 38 raff out and cut down on the potential for break-ins. 39 40 Council Member Quick asked if Mr. Chinoff was in the city of Mounds View. 41 42 Mr. Chinoff indicated his business was in Blaine at 8399 Coral Sea Street. 43 44 Mayor Linke closed the public hearing at 7:29 p.m. 45 Mounds View City Council October 27, 2003 Regular Meeting Page 4 1 MOTION/SECOND: Quick/Gunn. To Waive the Reading, Introduce the First Reading and 2 Approve Ordinance 711, an Ordinance Establishing a Pawn Overlay Zoning District. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 B. First Reading and Introduction of Ordinance 712, an Ordinance Establishing 7 Licensing and Operating Requirements for Pawnshops 8 9 Community Development Director Ericson indicated the Planning Commission conducted a lot 10 of research into the requirements for pawnshops before bringing this recommendation to Council. 11 He then noted that firearms are not allowed even though they are in most other metro area 12 pawnshops. 13 14 Community Development Director Ericson provided a brief overview of some of the pawnshop 15 requirements. 16 17 Council Member Marty asked what the Minnesota Statute listed under precious metal dealers 18 was for. 19 20 Community Development Director Ericson indicated he was not sure exactly what the Statute 21 said but indicated it references licensure of precious metal dealers through the County. 22 23 Council Member Marty asked what billable transaction fees are. 24 25 Community Development Director Ericson indicated that any pawnshop locating within the City 26 would be required to be associated with the automated pawn system and there is a fee for each 27 pawn transaction partially payable to maintain the system and partially payable to the City. 28 29 Council Member Marty read from Section 516.10 concerning ineligible persons for licensure and 30 asked if felons would fall under this category. 31 32 Community Development Director Ericson indicated they would if the felony charge is for 33 fencing stolen merchandise or anything along those lines but not for another type of offense that 34 rises to the level of a felony. 35 36 Mayor Linke opened the public hearing at 7:30 p.m. 37 38 MOTION/SECOND: Gunn/Stigney. To Waive the Reading, Introduce the First Reading and 39 Approve Ordinance 712, an Ordinance Establishing Licensing and Operating Requirements for 40 Pawnshops. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mayor Linke closed the public hearing at 7:33 p.m. 45 Mounds View City Council October 27, 2003 Regular Meeting Page 5 1 C. Public Hearing to Consider Resolution 6121, a Resolution Approving a 2 Conditional Use Permit for an Oversized Garage at 7850 Spring Lake Road 3 4 Mayor Linke opened the public hearing at 7:33 p.m. 5 6 Community Development Director Ericson indicated that this item is a request for a conditional 7 use permit for an oversized garage located at 7850 Spring Lake Road. He then indicated that 8 Staff and the Planning Commission have reviewed the request and find that all requirements have 9 been met and recommend approval. 10 11 Community Development Director Ericson indicated that the only stipulation on the approval is 12 that the garage cannot be used for a commercial purpose, living quarters or any other use that is 13 not allowed in an R-1 District and the building should maintain a similar appearance. He then 14 said that Staff received no feedback regarding the request for this hearing or for the Planning 15 Commission hearing. 16 17 Council Member Marty commented that the lot extends 200 feet into the lake and that limits the 18 amount of usable property. 19 20 Community Development Director Ericson indicated that the lots on Spring Lake are platted 21 through the lake and the City’s Code does not require that Staff use useable land when making 22 calculations. 23 24 Mayor Linke closed the public hearing at 7:41 p.m. 25 26 MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6121, a 27 Resolution Approving a Conditional Use Permit for an Oversized Garage at 7850 Spring Lake 28 Road. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 D. Community Development Department Quarterly Report 33 34 Community Development Director Ericson indicated that this report covers the first nine months 35 of the year as he was serving as the Interim City Administrator for a time and was not able to 36 provide a quarterly report for his department. He then said that for the first three quarters of 37 2003 Community Development is under budget on expenditures and over budget on revenues. 38 39 Community Development Director Ericson indicated that there have been 23 planning cases over 40 the course of the year. He then indicated that the City has recently hired a new Planner and she 41 was introduced earlier in the meeting. 42 43 Mounds View City Council October 27, 2003 Regular Meeting Page 6 Community Development Director Ericson indicated that he, City Administrator Ulrich and 1 Public Works Director Lee are working on moving the Highway 10 redevelopment project 2 forward. 3 4 Community Development Director Ericson indicated the Walgreen’s trail has been moved in an 5 attempt to keep it from being flooded. He also noted that the planter has been installed under the 6 billboard on Highway 10 and the plants will be added next year in a red and gold planting 7 scheme. 8 9 Community Development Director Ericson indicated that the City was able to extend the trailway 10 from the Mermaid up to Woodale. 11 12 Community Development Director Ericson indicated that he would be meeting with Clear 13 Channel Outdoor this week as he understands they are moving forward with new permits for 14 billboards at the golf course. 15 16 Community Development Director Ericson reminded Council that the City had received a notice 17 of noncompliance on TIF and received a settlement of not establishing any new TIF districts for 18 three months which means there were no issues of significance. 19 20 Community Development Director Ericson indicated that Staff has been working on 21 redeveloping the Amoco site for four years and, due in large part to Aaron Backman’s efforts, 22 Staff expects to see a development plan for review in November or early December for that site. 23 24 Community Development Director Ericson indicated that the Planning Commission has reviewed 25 some of the Council priorities and has agreed to look at the zoning code concerning permitted 26 uses as they are overly restrictive at this point because they were drafted in the 1960’s and 27 1970’s. 28 29 Community Development Director Ericson indicated that the Commission wants to emphasize 30 lifecycle housing and will be putting something together for consideration. 31 32 Community Development Director Ericson indicated that the Commission discussed it and 33 determined that they do not feel it is necessary to increase the minimum square footage 34 requirements for homes because of the fact that the market has really taken care of that. 35 36 Council Member Marty indicated he did not see anything on the Highway 10 soundwall. He then 37 asked if Staff is working on that. 38 39 Community Development Director Ericson deferred to Public Works Director Lee as that 40 department is taking the lead on the soundwall. 41 42 Mayor Linke asked Mr. Ericson to express a thank you to the Staff and Planning Commission for 43 all of their efforts over the course of the year. He then said they have done an excellent job. 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 7 E. Second Reading and Adoption of Ordinance 723, an Ordinance Amending 1 Chapter 202 of the Mounds View City Code Pertaining to Apportionment of 2 Cost Associated with Roadway Major Maintenance Projects 3 4 City Administrator Ulrich indicated that this Ordinance would allow the City the option of 5 considering adjusted front footage or a per unit assessment method. 6 7 MOTION/SECOND: Marty/Gunn. To Waive the Reading, Approve the Second Reading and 8 Adopt Ordinance 723, an Ordinance Amending Chapter 202 of the Mounds View City Code 9 Pertaining to Apportionment of Cost Associated with Roadway Major Maintenance Projects. 10 11 Council Member Stigney reiterated what he said at the previous reading that, in his view, this 12 unit method of assessment unfairly penalizes those with a small lot to make them subsidize those 13 with a larger lot and he does not see that this is fair and he is against this change. 14 15 Council Member Marty indicated that Staff has explained that the same number of cars is 16 averaged out to each family regardless of lot size. He then said that if someone does have a 17 double lot they would be charged for two units. He further commented that no system is 100% 18 fair but this seems to be equitable. 19 20 Council Member Stigney asked how it can be more equitable to pay more for someone with 21 small frontage than someone with a larger lot. He then said that residents are taxed on the size of 22 their lot and home and this unfairly penalizes those with small lots. 23 24 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn 25 26 Ayes – 4 Nays – 1(Stigney) Motion carried. 27 28 F. Consideration of Resolution 6118, a Resolution Authorizing the Re-bidding 29 of the County Road H Sidewalk Project 30 31 City Administrator Ulrich reviewed the Staff recommendation for this item indicating the City 32 Engineer recommends rebidding for January 8, and awarding the contract on January 26, 2004. 33 Option A is the segment from Edgewood Drive to Silver Lake Road; Option B is Silver Lake 34 Road to the western City limits; and Option C is from Edgewood Drive to the western City 35 limits. 36 37 City Administrator Ulrich indicated that the option including the Spring Creek crossing would 38 include sheet pilings rather than a bridge as that was determined to be impractical due to issues 39 with the property owner and prohibitive costs. 40 41 MOTION/SECOND: Gunn/Quick. To Waive the Reading and Approve Resolution 6118, a 42 Resolution Authorizing the Re-Bidding of the County Road H Sidewalk Project. 43 44 Mounds View City Council October 27, 2003 Regular Meeting Page 8 MOTION/SECOND: Marty/Gunn. To Amend the Resolution to Just Include Option B, the 1 Segment from Silver Lake Road to the Western City Limits. 2 3 Mayor Linke indicated he feels that the amendment would severely limits the options because it 4 costs nothing to get the numbers to see what it will cost to do everything. He further commented 5 that he feels this is being very short sighted. 6 7 Council Member Marty commented that this matter had been discussed and voted on by Council 8 previously and he feels it is inappropriate to bring this to Council for open discussion on all of 9 the options when a majority of Council agreed to the Silver Lake Road to the western City limits 10 option. He further commented that there is already a sidewalk along the other side in this area 11 and there is no sidewalk from Silver Lake Road. 12 13 Mayor Linke indicated that the idea of the sidewalk, in his mind, was to provide a safe way for 14 residents to traverse along County Road H and get them to a safe crossing area. He then said that 15 he feels this is a major safety issue for kids and others that walk along there as there is no 16 sidewalk to bring them to a safe point to cross. 17 18 Council Member Marty commented that sidewalks on both sides of the road would not make the 19 crossing safer. He then commented that there is no sidewalk from Silver Lake Road to the 20 western City limits. 21 22 Mayor Linke indicated the plan was to bring kids to the crossing guards to get them across the 23 street in that location where it is safer to cross the road. 24 25 Council Member Quick asked how far north the kids come down to Sunnyside. 26 27 Mayor Linke indicated that the apartment buildings behind City Hall all go to Sunnyside. 28 29 Council Member Quick asked where Council Member Marty’s kids go to school. 30 31 Council Member Marty indicated his son goes to a Montessori School. 32 33 Council Member Gunn indicated she would like the sidewalk going the other way as there 34 already is a sidewalk at this end. She then said that with the money the City saves on the 35 sidewalk project it should get together with Ramsey County and the School District to improve 36 pedestrian crossing. 37 38 Mayor Linke commented that if you cannot get to a safe place to cross what good is the sidewalk. 39 40 Council Member Gunn expressed her desire to bring in Ramsey County and the school board and 41 work together to deal with safety issues with that road because there is more to this than adding a 42 crosswalk on the other side. 43 44 Mounds View City Council October 27, 2003 Regular Meeting Page 9 Council Member Quick suggested that Council should support the motion because this is only a 1 request for bids for next year to determine what the costs would be. He then said there are school 2 patrols down there to assist with crossing and there is nowhere for the kids to walk when the 3 snow is piled up in winter. He further commented that this sidewalk would not raise tax dollars 4 and the money is to be used for these sorts of things within the community. 5 6 Council Member Stigney indicated he supports Council Member Marty’s amendment as this was 7 discussed and resolved before to go ahead with the segment from Silver Lake Road to the 8 western City limits and that is what should be bid on. He then said that he also agrees with 9 Council Member Gunn that there is more to this than adding a sidewalk it is a matter of crossing 10 safety and the City needs to work with parents, the school, and the County to get more striping or 11 flashing lights or something to make crossing safer. 12 13 Mayor Linke indicated that all this Resolution would do is ask for bids. 14 15 Council Member Stigney commented that as far as he is concerned this was decided and closed. 16 17 Mike Maroni of 5045 Brighton Lane indicated he has been coming to these meetings for almost a 18 year now and keeps hearing the same things over and over. He then commented that Council 19 was told how much it would cost to go from one end to the other with the bridge but the issue is 20 not a crosswalk on that side it is getting people safely across the street. 21 22 Mr. Maroni indicated that Council was lied to when they were told that the County would redo 23 the streets and put in sidewalks because he spoke to Ken Haiser who told him that County Road 24 H2 is not scheduled for anything for at least 10 or 15 years. He was also told that the County is 25 receptive to options from the City for crosswalks and other crossing options. He further 26 commented that he would like something done and wants the City to follow up with the County 27 to improve crossing safety. 28 29 Mr. Maroni commented that this is a crossing the street issue not a sidewalk issue. He then asked 30 how many kids had been hit crossing H in the last 10 years. 31 32 Council Member Quick indicated the circumstances are different now as those students used to 33 be bussed and are now required to walk. 34 35 Mr. Maroni offered to pitch in funds to pay for bussing the kids rather than using the money for 36 the golf course or the community center. He then said he would like something done with the 37 County and said he intends to follow up with them. 38 39 Council Member Quick asked whom Staff spoke to at the County regarding the lights. 40 41 Community Development Director Ericson indicated he had a recent conversation with Dan 42 Solar, the Ramsey County Traffic Engineer with regard to enhancing the crosswalk area and the 43 County is receptive to hearing any ideas the City may have provided that the City is willing to 44 pay for it as the County is not. 45 Mounds View City Council October 27, 2003 Regular Meeting Page 10 1 Steve Borden of 2009 County Road H indicated he has resigned himself to the fact that there will 2 be a sidewalk and he would like to know if the City is going to remove the snow from the walk. 3 He then asked if the City could provide a written guarantee that snow removal would continue 4 from the sidewalks so that the responsibility does not fall to residents that live along the 5 sidewalk. 6 7 Council Member Quick indicated the City has been removing snow from sidewalks for the last 8 18 years and buys specific equipment to do so. He then explained that this Council could agree 9 never to stop clearing snow from sidewalks but the next Council would have the ability to change 10 that. 11 12 Dave Stimson of 4945 Countryside Drive, Shoreview indicated that, as a School Board Member, 13 he encourages the City to go out for all the bids on County Road H because the School District 14 had to reduce the transportation budget and there are no plans to reinstall bussing even if the levy 15 passes. He then explained that the sun is blinding in the early morning and early afternoon and 16 that makes the situation even more dangerous. 17 18 Jerry Blanski of 2933 Woodale Drive indicated he has no personal gain in this sidewalk only as a 19 concerned citizen for the City but he is here to say he is against the sidewalk. He then indicated 20 that not one Council Member was present at the June 10 information meeting and there was not 21 one resident that was in favor of the sidewalk so the matter should have been dropped at that 22 time. 23 24 Mr. Blanski indicated that bussing is the safest way to get the kids to the school not by adding a 25 sidewalk and he would never let a child of his walk two miles to school unattended in this day 26 and age. 27 28 Mr. Blanski indicated that, if safety really is a concern, he has not heard any follow up on 29 alternatives other than for the City to say that the County is the problem. He then said he agreed 30 with Council Member Gunn that the City needs to work with the District and the County. He 31 further commented that traffic is the biggest problem and a second sidewalk is not going to 32 reduce the speed but blinking lights and a few radar patrolled signs followed up with some 33 speeding tickets may do so. 34 35 Mr. Blanski indicated that there would be 33 additional driveways that would cross the sidewalk 36 and add that to the 12 in New Brighton there would be 45 driveway crossings and the 55 Alive 37 driving course indicates that a person should always park such that you can pull out forward 38 because going backward is an accident waiting to happen. 39 40 Mr. Blanski indicated that one can and should train a child to cross at an intersection but cannot a 41 child to look at 45 driveways and assess and avoid the possible dangers. He then said that 42 County Road I is wide open with very few residence driveways and those that there are have 43 turnarounds so that they can cross the sidewalk going forward but County Road H has a lot of 44 Mounds View City Council October 27, 2003 Regular Meeting Page 11 residence driveways and none of them have turnarounds not to mention that there are an 1 assortment of other obstructions including the sun. 2 3 Mr. Blanski indicated he had displayed an article at the last meeting on how the City felt the need 4 for a walk 8 years ago and a woman spoke at the last work session on how for three years nothing 5 has been done on County Road 10. He then said he agrees with the amendment because there is 6 a need for a sidewalk from Silver Lake Road to Knollwood. 7 8 Mr. Blanski indicated that a month ago he was driving north on H and there was a woman 9 pushing a stroller with two loose children just inches from traffic and there was also an older 10 woman with a cane and that situation to him is a loaded gun on a busy street with no sidewalk. 11 12 Mr. Blanski commented that it is sad that of the $6.3 million asked for by the School District 13 they did not consider funding the buses so now residents have to pay for a levy, pay for a 14 sidewalk, and pay $200.00 to bus children because you cannot let them walk two miles 15 unattended. He then said that he feels that the Council should have gone as a group to request 16 bussing. He further commented that, if the levy is not passed, some schools will close and they 17 may close even if the levy passes, and he predicts those schools would be Sunnyside and 18 Edgewood as they are the smallest in the district and enrollment is down. 19 20 Mr. Blanski commented that at the last meeting the former mayor suggested other funds and this 21 is the same person that caused such embarrassment over money issues and others have said he 22 gives false statements. 23 24 Mr. Blanski indicated he was embarrassed for the City when he played back the last work session 25 and he felt uneasy for City Administrator Ulrich and Council Member Quick tried to pull Council 26 Member Gunn into the mess and he commends her for not falling into the quicksand saying she 27 handled herself wisely. He then said he cannot believe that he saw the Mayor throw up his arms 28 and say he wanted the sidewalk, not the citizens want or need the sidewalk. 29 30 Mr. Blanski indicated that County Road I is a County Road and Council Member Quick said the 31 City had issues there but worked with the County and was persistent and won. He then said that 32 this is not the proper time for this sidewalk due to budgets. He further commented that it is not 33 the best solution to address the safety issues and retail stores advertise buy one get one free and 34 he does not feel the City needs to buy a sidewalk when the majority of County Road H has a 35 sidewalk that is free. 36 37 Council Member Quick clarified his comments on County Road I indicating that the City worked 38 with the County to keep the red light that was temporary. He then said that the City paid for both 39 sidewalks on the north and south side. 40 41 Council Member Quick suggested that all the folks at the meeting with great ideas for the school 42 district take those ideas to the school board meeting and present them to the board. 43 44 Mounds View City Council October 27, 2003 Regular Meeting Page 12 Mr. Blanski indicated that he did not say who paid for the sidewalk and only used words used by 1 Council. 2 3 Richard Sonterre of 5060 Red Oak Drive said that he takes offense to the accusations that 4 residents were lied to by the former mayor. He then said that anyone can check with 5 Commissioner Bennett’s Office who had conferred with Dan Solar for the information that he 6 presented back at the August meeting. He offered further clarification by indicating he had said 7 that there were no plans for work for six or seven years but if the County did put in a sidewalk 8 residents would be assessed. He further commented that he did not make comments that 9 guaranteed any timeframe or that a pathway would be included. 10 11 Mr. Sonterre said he thinks it is important to look at whom the pathway would benefit and it 12 would be a regional benefit to all residents not just the residents that live along County Road H. 13 It would connect to the Ramsey County TCAAP project to the east and the Fridley, Rice Creek 14 pathway to the west. He then said that those that take the MTC bus walk in the traffic lane and 15 wait along side the road and they would benefit greatly from a sidewalk as there are 8 MTC bus 16 stops along that stretch. 17 18 Mr. Sonterre indicated that this sidewalk would be a benefit to the taxpayers as the funding 19 sources do not increase residential taxes. He then said that as he stated earlier, if the County puts 20 in a path at a future date it would come at a cost to the taxpayers. The funds to be used now are 21 TIF funds and this is exactly the type of project those funds are designated for so he does not 22 understand the angst over the expenditure. 23 24 Mr. Sonterre indicated that Council Member Marty had recommended researching alternative 25 funding sources such as grants and he agrees with that but there are two requirements to 26 receiving grants. The first is that there is an approved project and the second is that there are 27 matching funds. 28 29 Mr. Sonterre indicated that approval of the project would put Staff into a position to apply for 30 grants. He then said he would like to see consideration to help the residents along County Road 31 H such as the distance that the path is placed away from the road. He then said that there has 32 been talk that there is some flexibility with the location and there are property owners that would 33 benefit from having the path as close to the roadway as is possible. 34 35 Mr. Sonterre asked Council to take a look at who supports and who opposes the sidewalk. He 36 then said that there has been only one individual that has nothing to gain or lose from the 37 sidewalk that has voiced an opinion against the sidewalk. The rest have come from those that 38 have a direct impact to their property. 39 40 Mr. Sonterre indicated that he is presently the legislative issues chair and Sunnyside PTA has 41 given him the approval to speak on their behalf and issue the opinion that they are in support of 42 this project and to remind you that the majority of students at Sunnyside reside in Mounds View 43 as do the majority of PTA members. 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 13 Kimberly Thompson of 5051 Longview indicated that she lives on the corner of County Road H 1 and supports Council Member Gunn and Council Member Marty looking for a bid from Silver 2 Lake Road to the western edge. She then said that there have been many issues brought up and 3 she does not appreciate the remarks made by Mr. Sonterre. She further commented that bicycles 4 do not belong on the sidewalk because that poses a safety issue for walkers and those that wait 5 for the bus wait in her front yard not down on the street. 6 7 Ms. Thompson indicated that there is the continual threat that the County will do something 8 “worse” if the City does not do it now and that is not true. She then said that she has been told 9 by the County that the County does not do sidewalks, the City does. 10 11 Ms. Thompson indicated that her final frustration is as a taxpayer in this City and having the 12 Council attempt to use TIF Funds for things it should not be used for. She then asked whether 13 Council was aware of approved uses for TIF funds. She further commented by listing things that 14 TIF can be used for such as reclamation of brown land and the repair and improvement of roads 15 or senior housing. 16 17 Ms. Thompson commented that this sidewalk issue is dragging on forever and it should be 18 decided and closed. She then said that she has lived on County Road H for more than 17 years 19 and it is time to finish this issue and move on. 20 21 Mr. Sonterre indicated that Cindy Anderson of 5101 Sunnyside Road had written a letter and 22 asked him to bring it to the meeting because she was unable to attend the meeting due to a death 23 in the family. 24 25 Mr. Sonterre read the letter from Cindy Anderson 5101 Sunnyside Road and the letter was 26 submitted to the City Administrator for the record. 27 28 Council Member Quick clarified that the County does pathways not sidewalks. 29 30 Mr. Sonterre commented that the County no longer builds sidewalks they call them pathways and 31 they are an 8-foot bituminous surface and that information was given to him by Commissioner 32 Bennett’s office. 33 34 Council Member Marty read Mr. Sonterre’s comments from the July 14, 2003 minutes 35 concerning this matter. He then indicated that David Tway could corroborate Mr. Maroni’s 36 comments and confirm that county Road H is non-programmed through 2008 and there is no 37 redo of County Road H for at least 10 or 15 years. He further commented that the County is only 38 concerned with what is between the curbs and the County does not assess for pathways that is up 39 to the City. 40 41 Council Member Marty indicated he also asked him about Silver Lake Road and the County will 42 be doing a mill and overlay next year and they have special plans to try and take out the humps 43 by Woodcrest Park. He also indicated that Masaich referred him to Kathy Jaski who is the 44 project engineer for this project on Silver Lake Road and she told him that there is a possibility 45 Mounds View City Council October 27, 2003 Regular Meeting Page 14 that the County may pay a portion of that project, approximately 25%. He further commented 1 that this message was passed onto the City Administrator and Public Works Director Lee for 2 follow up. 3 4 Council Member Marty indicated he has had calls from a number of residents who stated that 5 schools may close if the referendum does not pass and, if it does not pass, there will be census 6 studies and focus groups to work on cuts and make a determination of what schools to close. 7 8 Council Member Marty indicated that he talked to the school resource officer and Police Chief 9 who agree that even if there was a sidewalk there they would still recommend that the kids cut 10 through the neighborhoods and that is due, in large part, to the volume of traffic on County Road 11 H. He then commented that Onan has shifts that coincide with school opening and release times 12 and the police are concerned with safety issues and prefer that the kids cut through the 13 neighborhoods and stay away from County Road H. 14 15 Council Member Marty indicated that all grants were given out for 2003 and so the City should 16 start now looking at grants for 2004 so the opportunities are not missed. 17 18 Mr. Sonterre commented that it always pains him to agree with Council Member Marty but those 19 were his words as referenced in the minutes but he said he used “ifs” and “ors” and the 20 information was provided to him through Commissioner Bennett’s office and that was received 21 from Dan Solar which was presented to him as an “if” and there were no plans for at least 5 or 6 22 years. He then said that he hopes Council considers all three options this year and consider the 23 grants and asked Council Member Gunn to consider taking the lead with negotiations with the 24 County. He further commented that there has to be an approved project and matching funds to 25 obtain grants. 26 27 Kent Reed of 2833 County Road H indicated that he is concerned because there appears to be an 28 underlying feeling that building the sidewalk will keep everyone safe and that is not the case. He 29 then said he is not opposed to sidewalks but he is concerned because the real issue is getting kids 30 across the street and he would like to see this as an overall larger project to increase safety at the 31 schools. 32 33 Mr. Reed indicated that he used to live in Milwaukee and there was a similar situation and it was 34 resolved by using private consultants to research pedestrian and vehicle traffic and provide a 35 comprehensive plan that looks at the whole picture for safety. He then said he would like to see 36 the City spend a little bit of money on research the safety factors before spending $350,000 on a 37 stretch of sidewalk that will not improve safety. 38 39 MOTION/SECOND: Stigney/Quick. To Amend to Include a Separate Bid for the Segment from 40 Silver Lake Road to Knollwood. 41 42 Council Member Quick asked for clarification as to whether it is the literal City limits or Pleasant 43 View. 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 15 Council agreed that is the literal western City limits. 1 2 Ayes – 4 Nays - 1(Linke) Motion carried. 3 4 Ayes – 3 Nays – 2(Linke/Quick) Motion carried 5 6 Ayes – 4 Nays – 1(Linke) Motion carried. 7 8 Mayor Linke indicated that he is opposed because he thinks this is being shortsighted. 9 10 G. Resolution 6128, a Resolution Establishing Bond Requirements for 11 Contractors Working Within the City 12 13 This Item was removed from the agenda. 14 15 H. Consideration of Resolution 6127, a Resolution Establishing a Policy for 16 Deferral of Special Assessments by Senior Citizens or Disabled Persons 17 18 MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6127, a 19 Resolution Establishing a Policy for Deferral of Special Assessments by Senior Citizens or 20 Disabled Persons. 21 22 Council Member Stigney suggested looking into using the Medicaid card as someone with that 23 card has been income assessed. 24 25 Council Member Gunn suggested either or. 26 27 Finance Director Hansen suggested passing the Resolution as it is and look into the Medicaid 28 card alternative and bring it forward if necessary. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 I. Public Hearing to Receive Public Input and Pass Upon Resolution 6125, a 33 Resolution Adopting a Special Assessment Levy for Diseased Tree Removals 34 35 Mayor Linke opened the public hearing at 9:06 p.m. 36 37 Finance Director Hansen indicated that four properties had diseased trees removed over the last 38 few years and the repayment terms are such that it will take a number of years to payoff and 39 assessing it to the property assures the City of collection. 40 41 Council Member Quick asked if the City can pass on any type of debt owed to the City to the 42 taxes or if there are limitations. 43 44 Mounds View City Council October 27, 2003 Regular Meeting Page 16 Finance Director Hansen indicated that the state allows cities to assess certain things but it is not 1 a blanket authority to assess just anything. 2 3 Mayor Linke closed the public hearing at 9:10 p.m. 4 5 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6125, a 6 Resolution Adopting a Special Assessment Levy for Diseased Tree Removals. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 J. Finance Department Quarterly Report 11 12 Finance Director Hansen provided a brief overview of his quarterly report for Council indicating 13 that he feels there will be a balanced budget at year-end. 14 15 Council Member Marty asked what the unused fund balance from the EDA for 2002 is. 16 17 Finance Director Hansen indicated the amount of the balance relates to the Edgewood pond 18 project and there is a timing issue in receiving state grants that were promised but did not come 19 in and that balance is $210,000. 20 21 Council Member Marty asked whether the 475% for fire permits is a good thing. 22 23 Finance Director Hansen indicated the budget was $200.00 and the actual is $950 so that is 4.5 24 times the budget. 25 26 Council Member Marty asked where the transfer for miscellaneous revenue comes from. 27 28 Finance Director Hansen indicated that several different funds but this year from the vehicle and 29 equipment fund. 30 31 Council Member Marty commented that on the street light charges revenues the budget is 32 $81,250 and the City collected $49,500 and that is not close to meeting this years projections. 33 34 Finance Director Hansen indicated that it is a little closer than that number indicates because of a 35 timing issue in terms of when the rate increase went into effect. 36 37 Council Member Marty asked where revenues are now for the YMCA as it is budgeted for 38 $20,000. 39 40 Finance Director Hansen indicated that the City receives that information in January from the 41 YMCA. 42 43 Council thanked Staff for the report 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 17 K. Consider Settlement Agreement with Elegant Thymes Catering 1 2 City Administrator Ulrich updated Council on the contract situation with Elegant Thymes noting 3 that the City is projected to lose $30,000 in the banquet operation. He then reviewed with 4 Council the terms of the settlement agreement. 5 6 City Administrator Ulrich indicated that the Mermaid has agreed to pay $10,000 of the $20,000 7 cash settlement in exchange for managing the facility from 2003 through 2004 on an interim 8 basis until the City can enter into a more permanent contract. 9 10 City Administrator Ulrich indicated that the City has been unable to locate a contract for the 11 liquor portion of the banquet center and it appears as though no formal document was ever 12 executed so that part of the operation is operating without a contract. 13 14 City Administrator Ulrich indicated that Staff recommends moving forward with the settlement 15 agreement and accept the $10,000 from the Mermaid and that Staff be allowed to negotiate with 16 the Mermaid for the balance of 2003 and 2004 and the liquor license is open for discussion. 17 18 Council Member Stigney asked if the vendor is now bonded. 19 20 City Administrator Ulrich indicated they are insured but have not posted the required bond. 21 22 Council Member Stigney asked for clarification of whether they followed the City directive to be 23 bonded as per the contract. 24 25 City Administrator Ulrich indicated that no bond was provided. 26 27 Council Member Stigney asked if any litigation would be handled by the insurance carrier. 28 29 City Attorney Riggs indicated the League of Minnesota Cities would not cover it. 30 31 Council Member Stigney asked for an estimate of litigation costs. 32 33 City Attorney Riggs indicated the costs could easily go over the amount being discussed and 34 indicated that the City cannot recover litigation amounts if it wins the suit. 35 36 Council Member Marty asked what date the agreement was signed. 37 38 City Administrator Ulrich indicated that it was signed October 24, 2003. 39 40 Mayor Linke indicated the City would continue to pay Elegant Thymes $1,250 for November and 41 December then $1,500 for the first six months of 2004 and a cash payment of $20,000 so it looks 42 like it would cost the City $31,500. He then asked for clarification on the settlement. 43 44 Mounds View City Council October 27, 2003 Regular Meeting Page 18 Mayor Linke indicated that he is concerned with the City entering into contracts and not allowing 1 time to follow through on them before breaking them. He further commented that it has only 2 been 10 months since this vendor began managing the banquet center and that is not enough time 3 to get things going. He then said he feels the City should take more time to really look into the 4 options over there before making a hasty decision. 5 6 City Administrator Ulrich indicated the dollar amounts are in consideration that the City is 7 terminating the contract early and an attempt to be fair to both parties as well as an attempt to 8 give the City an alternative to generate more revenue which he believes is possible. 9 10 Council Member Marty indicated he does not remember having discussions about a contract with 11 Roberts at a Council level and had assumed the liquor was contracted out. 12 13 Tom Hutchinson, attorney for Greg Waste, indicated that they believe there is a contract in force 14 that was in place with Greg’s father and now the successor entity. He then said that even if there 15 is no paper contract there is an established contract through pattern and practice and his client 16 feels that he has contract rights with regard to the liquor portion of the vendor concession and 17 would maintain that contract needs to be held in place until the parties can finalize something in 18 the future. 19 20 Mr. Hutchinson indicated that he was pleased to hear the City Administrator say that Staff 21 recommends an RFP after an interim period because Roberts has an interest in making a proposal 22 for the catering. He further commented that he and the City Attorney may disagree but he feels 23 the City is required to do an RFP. 24 25 Mr. Hutchinson indicated that it is Roberts’ expectation that it will continue on as the liquor 26 vendor until something is established by the parties. 27 28 Mayor Linke said he does not see how a profit can be made when you take into account the costs 29 to get out of the contract along with the operating loss. 30 31 City Administrator Ulrich indicated that he believes the banquet center could go from losing 32 $37,000 this year to gross revenues in the range of $5,000 to $6,000 per month. 33 34 Economic Development Coordinator Backman estimated that it is doable to have 20 of the 30 35 days booked per month and they feel that by July of 2004 the City should be breaking even with 36 the costs being encountered. 37 38 Mayor Linke indicated he feels that 20 days is reasonable. 39 40 Council Member Marty asked whether the mermaid feels that 20 days is realistic. 41 42 Cindy Winegardner from the Mermaid indicated there would be a bit of lead time but they feel 43 that they absolutely can book it 20 days per month. 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 19 Council Member Gunn asked where the liquor license came from. 1 2 Mr. Bradley indicated that they were told to use Roberts. 3 4 Mr. Bradley indicated that there was an event that the Mermaid and Donatellis could not help 5 with so the manager asked that Roberts assist with that event and that was December 31, 1999. 6 7 Council Member Stigney indicated the earlier proposed settlement was for less and he would 8 suggest going with that one rather than this one. 9 10 Council Member Marty indicated the previous settlement was also to take place starting in 2004 11 and this settlement takes into account that there is business that was booked by Elegant Thymes. 12 13 Council Member Stigney indicated that at the last meeting Mr. Bradley had agreed to the $10,000 14 but now has retracted from that. 15 16 Mr. Bradley explained that he has catering jobs that are for November/December/ January and 17 February and the new settlement amount takes that into consideration. 18 19 Council Member Stigney proposed terminating at the first of the year and going back to the 20 $10,000 settlement. 21 22 Scott Waste addressed Council and said that he does not think it is fair that the City pushes 23 Elegant Thymes out and gives the business to the Mermaid without going out for bids or giving 24 other vendors the opportunity to serve as an interim manager. 25 26 Mayor Linke indicated that the City will put out bids for beginning 2005. 27 28 Mr. Waste indicated that the next four months are the bread and butter of the catering business 29 and he thinks the City should go out for bids right away. He then asked whether anyone is 30 guaranteeing the estimates of $60,000 to $70,000. 31 32 Mayor Linke indicated the figures are based upon 20 days of rental per month and the City feels 33 that is doable. 34 35 Mr. Waste asked why he or other vendors was not allowed to make an offer to assist with the 36 payoff of this vendor to serve as the interim manager. 37 38 Mayor Linke indicated that, if Council terminates the agreement with Elegant Thymes, the City 39 needs someone to step in immediately and serve as interim manager and the Mermaid can do 40 that. 41 42 Mr. Waste asked why he, as a competitor, is not being given a chance to submit an offer to do the 43 work. He then asked when the RFP will be sent out. 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 20 Mayor Linke assured Mr. Waste that the City would be going out for RFP’s but has not set a date 1 for doing so. 2 3 Mr. Waste suggested that the City may be jumping into a situation that has not been thoroughly 4 researched and it may cause even worse trouble for the City. 5 6 Council Member Marty indicated that the City will be doing RFP’s but right now the City has to 7 have a manager in place in the interim. 8 9 MOTION/SECOND: Gunn/Marty. To Approve the Settlement Agreement With Elegant 10 Thymes as Proposed. 11 12 Council Member Stigney indicated that the amounts were too steep for his blood. 13 14 Mayor Linke asked whether there is an agreement in place with the Mermaid should this pass. 15 16 Economic Development Coordinator Backman indicated that there is a draft copy of an 17 agreement with the Mermaid available. 18 19 City Attorney Riggs indicated that there would need to be an agreement in place and, if Council 20 authorizes Staff to do so, Staff could finalize the agreement. 21 22 Dan Hall from the Mermaid indicated that if the City and he could not come to an agreement he 23 would walk away. 24 25 Council Member Marty asked if it would be possible to call the work session meeting to order 26 November 3, 2002 to approve the agreement. 27 28 Council Member Stigney indicated other vendors should have the opportunity to make a 29 proposal. 30 31 Mayor Linke indicated this is an interim agreement of 14 months. 32 33 Council Member Stigney asked where the opportunity for anyone else to come forward is. 34 35 Mayor Linke indicated there would be opportunity when the City goes out for RFP’s. 36 37 Council Member Stigney said he thinks the process is getting all muddied up. 38 39 City Administrator Ulrich clarified that if this contract is terminated and the interim contract 40 approved Council would be going out for RFP’s for a long term contract of three to five years 41 and open it up for competition at that point. 42 43 Council Member Stigney indicated he thinks it is imperative, before the City buys into an 44 agreement that they have not even seen, that other people have the opportunity to provide a 45 Mounds View City Council October 27, 2003 Regular Meeting Page 21 proposal to the City. He then said he would like to issue the RFP’s right away rather than 1 waiting. 2 3 Scott Waste indicated that he would be contacting Council because he thinks it is imperative to 4 open this up for competition. 5 6 Mr. Hutchinson indicated that Scott would like an RFP as soon as possible which he feels is 7 reasonable. He then said that there have been discussions with at least one party and he thinks it 8 would fulfill some due process if they could discuss the matter with Staff. He then pointed out 9 that Council was about to vote on a proposal that takes $10,000 of the Mermaid’s money and 10 gives him the only opportunity to do the interim management and he thinks that is an unusual 11 arrangement for a City to accept private funding to buy out another contract and give it to that 12 entity as almost a reward for that contribution which he thinks is a quid pro quo and Council 13 ought to endorse an RFP at the earliest possible time. 14 15 Mr. Hutchinson indicated that the busiest season is always the holiday season and suggested 16 doing the RFP right now and allow the new vendor to take advantage of the holiday season. He 17 then said that he would encourage Council to give Mr. Waste the opportunity to present a 18 proposal for the interim rather than run the risk of impropriety. He further commented that he 19 does not question the motives but it seems to have the appearance that it is unusual and he would 20 recommend protecting the City by talking with others and moving to the RFP’s as soon as 21 possible. 22 23 Mayor Linke asked whether Council should table this for further information. 24 25 Mr. Hall commented that Mr. Hutchinson had made a very smooth threat. He then said that he 26 has been negotiating with the City on this matter and the $10,000 is to keep things clear and 27 separate as he does not commingle his work with anyone else’s in an effort to preserve his 28 reputation and the reputation of his business. 29 30 Council Member Stigney suggested that Mr. Hall buy out Mr. Bradley to make this a clean break 31 rather than involving the City. 32 33 Mr. Hall indicated he is willing to help the City out and he is not the one that drove the bookings 34 down from 25 per month to 10 per month. He then said that he does not want to do anything 35 backwards he wants this nice and clean and up front so that the residents of Mounds View see 36 that nothing improper has been done. 37 38 MOTION/SECOND: Stigney/Gunn. To Postpone this Matter for Further Information to Know 39 where the City Stands Legally and Obtain Other Options. 40 41 Council Member Stigney asked City Attorney Riggs to look up whether there is discussion 42 allowed on a postponing motion. 43 44 Mounds View City Council October 27, 2003 Regular Meeting Page 22 City Attorney Riggs recommended that the City postpone the matter to allow time to research the 1 issues raised tonight. 2 3 City Administrator Ulrich agreed that further discussion with the City Attorney seemed 4 warranted. 5 6 Ayes – 4 Nays – 1(Quick) Motion carried. 7 8 Mr. Bradley asked for a time frame as to when this would be resolved because he is not 9 interested in playing games. 10 11 Mayor Linke indicated the matter would be discussed next week. 12 13 City Administrator Ulrich indicated the contract with Mr. Bradley would remain in place 14 15 10. APPROVAL OF MINUTES 16 17 A. City Council Minutes October 13, 2003 18 19 Council Member Marty asked that the Consent Agenda Items removed for discussion be labeled. 20 21 MOTION/SECOND: Gunn/Marty. To Approve the City Council Minutes for October 13, 2003 22 as Amended. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 11. REPORTS 27 28 A. Reports of Mayor and Council 29 30 None. 31 32 B. Reports of Staff – Police Chief’s Report on the Referendum 33 34 Chief Sommer made a presentation to Council concerning the referendum and explaining what 35 the police department does for the City and why it is important to hire more officers in Mounds 36 View. 37 38 Mayor Linke indicated it was the Council’s decision to put the vote on the upcoming election so 39 that the citizens of Mounds View could determine if they want to pay higher taxes to increase 40 policing. 41 42 Mayor Linke indicated he received a letter from Brian Elder from Boy Scout Troup 367 asking 43 that the City put up signs encouraging people not to litter as it hurts the environment and animals. 44 45 Mounds View City Council October 27, 2003 Regular Meeting Page 23 Mayor Linke asked Staff to draft a letter in response to him 1 2 C. Reports of City Attorney 3 4 None. 5 6 12. Next Council Work Session: Monday, November 3, 2003 7 Next Council Meeting: Monday, November 10, 2003 8 9 13. ADJOURNMENT 10 11 Mayor Linke adjourned the meeting at 10:20 p.m. 12 13 14 Transcribed and recorded by: 15 16 17 Joan Lenzmeier 18 Timesaver Off Site Secretarial, Inc. 19 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Work Session Meeting 5 November 3, 2003 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 10:23 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 14 15 3. Mayor Linke asked for questions and comments. None were given. 16 17 Marty/Gunn move to accept termination agreement. 18 19 Term Agreement Passes 4-1 with Councilmember Roger Stigney in opposition. 20 Councilmember Stigney stated that the reason for his opposition is that he feels that the 21 termination is too expensive. 22 23 The Mayor asked for comments and questions regarding the RFP. Some discussion 24 ensued about minor changes to the RFP. They talked about a 30 day term clause, but 25 decided to stick with a 60 day term provision. It was questions on how to handle events 26 booked after 2004. 27 28 Mr. Dan Hall of the Mermaid suggested the RFP should be a permanent rather than an 29 Interim, but if it’s an interim, a 20% booking fee should be given to the cateror for all 30 events. The interim management agreement can be drafted to address future bookings. 31 32 Councilmember Stigney asked why there is discussion about future bookings now. Dan 33 Hall suggested it was in everyone best interest. 34 35 Mr. Greg Waste discussed the possibility of a permanent agreement and stated that 36 $10,000 is a lot of money. On the 12th of November, Community Ed space is leased. 37 Mr. Waste expressed frustrations that he was not included in discussions earlier. He 38 talked about Internet wiring which was put into Community Ed space. 39 40 Aaron Backman addressed the Community Education space, and stated nothing is booked 41 and no agreements finalized. Internet access was installed in the Banquet Center for use 42 by future tenants, but Community Education had service already. 43 44 Councilmember Stigney asked about potential for bookings. 45 Mounds View City Council November 3, 2003 Work Session Meeting Page 2 1 Aaron Backman indicated that the language about juggling dates was inputted by him, not 2 anyone else, but it does not matter now that the language is being removed. 3 4 Mayor Linke asked for motions in regard to the RFPs with changes to Items 3 and 12. 5 6 Councilmember Gunn moved and Councilmember Marty Second. 4-0. Councilmember 7 Stigney abstains; Councilmember Quick stated that Councilmember Stigney cannot 8 abstain without Council Permission. Stigney changed his vote to “NO.” 9 10 Mayor Linke adjourned meeting at 10:42pm. 11 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, November 10, 2003 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Resolution 6130 Canvassing the 2003 Election. 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Licenses for Approval B. Consideration of Resolution No. 6131 Revising the Policy for Deferral of Special Assessments by Senior Citizens or Disabled Persons. C. Resolution 6129 A Resolution Approving the Premise Permits for The Lion’s Club to Permit Charitable Gambling at The Mermaid and Robert’s off 10 in the City of Mounds View. D. Resolution No. 6132 Hiring Steven Vacek as the Public Works Mechanic E. Resolution 6133 Approving a Sewer Connection and Maintenance Agreement with Metropolitan Council Environmental Services F. Establish an Executive Session Immediately Following the Meeting to Review Contract Negotiations 9. COUNCIL BUSINESS A. Mounds View Banquet Center Interim Agreement B. Second Reading and Adoption of Ordinance 711, an Ordinance Authorizing the Creation of a Pawn Overlay District (ROLL CALL VOTE) C. Second Reading and Adoption of Ordinance 712, an Ordinance Establishing Licensing and Operation Regulations for Pawnshops (ROLL CALL VOTE) D. Resolution No. 6134 Step increase for Linda Meyer E. Resolution No. 6135 Step increase for Ken Gammell 10. APPROVAL OF MINUTES A. October 27, 2003 City Council Meeting Minutes B. November 3, 2003 City Council Work Session Minutes City Council Agenda November 10, 2003 Page 2 11 REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, November 17, 2003 (SPECIAL) Next Council Meeting: Monday, November 24, 2003 RESOLUTION 6130 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CANVASSING ELECTION RESULTS OF THE NOVEMBER 4, 2003 GENERAL ELECTION WHEREAS, a general election was held November 4, 2003; and WHEREAS, the results of this election are as follows: City Question 1: Shall the Mounds Vie City Council authorize an additional property tax levy for the purpose of providing funds to add two patrol officers to the Mounds View Police Department? The maximum amount of the increased levy is .021% of the taxable market value of property in the city. The amount of taxes that would be raised in the first year of the increased property tax levy is approximately $143,317.00. Yes: 1563 No: 1015 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Police Referendum is certified as being passed to increase the levy up to a maximum amount of .021% of the taxable market value of property in the city, to add two patrol officers to the Mounds View Police Department. Adopted this 10th day of November, 2003 ATTEST: _______________________________ Jerry Linke, Mayor (SEAL) _______________________________ Kurt Ulrich, City Clerk-Administrator Abstract of Votes Cast In the Precincts of the City of Mounds View State of Minnesota at the 2003 General Election Held Tuesday, November 04, 2003 Compiled from the Official Returns. Summary of Election Day Statistics City of Mounds View 2003 General Election Tuesday, November 04, 2003 0010000 Number of persons registered as of 7 a.m. 6832 0020000 Number of persons registered on Election Day 174 0110000 Number of accepted regular, armed forces and temporarily overseas absentee ballots 57 0120000 Number of accepted federal law overseas absentee ballots 0 0200000 Total number of persons voting 2546 Summary of Totals City of Mounds View 2003 General Election Tuesday, November 04, 2003 CITY QUESTION 1 (City of Mounds View) NP YES 1563 NP NO 1015 Voter Registration by Precinct City of Mounds View Election Results 2003 General Election Tuesday, November 04, 2003 County Name Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting RAMSEY 0290 MOUNDS VIEW P-1 2002 63 875 RAMSEY 0300 MOUNDS VIEW P-2 1347 31 476 RAMSEY 0310 MOUNDS VIEW P-3 2206 53 900 RAMSEY 0320 MOUNDS VIEW P-4 1277 27 295 District Total 6832 174 2546 2003 General Election Results by Precinct City of Mounds View 2003 General Election Tuesday, November 04, 2003 Office: CITY QUESTION 1 (City of Mounds View) County: RAMSEY Precinct YES NO 0290 : MOUNDS VIEW P-1 554 339 0300 : MOUNDS VIEW P-2 277 197 0310 : MOUNDS VIEW P-3 565 354 0320 : MOUNDS VIEW P-4 167 125 County Totals: 1563 1015 Office Totals: 1563 1015 We, the legally constituted canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each for each office voted on, and have specified the number of votes for and against each question voted on, at the 2003 General Election held on Tuesday, November 04, 2003. As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, canvassed, and now remaining on file in the office of the City of Mounds View Clerk. Witness our official signature at ______________________________ in ________________________ County this __________ day of ________________, 2003. __________________________________________________ Member of canvassing board __________________________________________________ Member of canvassing board __________________________________________________ Member of canvassing board __________________________________________________ Member of canvassing board __________________________________________________ Member of canvassing board State of Minnesota City of Mounds View I, ___________________________________, Clerk of the City of Mounds View do hereby certify the within and foregoing ______________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Mounds View 2003 General Election held on Tuesday, November 04, 2003. Witness my hand and official seal of office this __________ day of ________________, 2003. _______________________ Kurt Ulrich City Clerk/Administrator Item No: 08A Meeting Date: November 10, 2003 Type of Business:CA City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2003. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2002. Those companies renewing their license were licensed, at a minimum, in the year 2002. The type of license they are applying for follows the company name. Bonfe’s Plumbing & Heating – HVAC – New Air Corp. LLC – HVAC – New Staff Recommendation: Approve license applications as requested. Respectfully submitted, ________________________ Item No: 8B Meeting Date: November 10, 2003 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Consideration of Resolution 6131 Revising the Policy for Deferral of Special Assessments by Senior Citizens or Disabled Persons On October 27, 2003, the City Council passed Resolution 6127 Establishing a Policy for Deferral of Special Assessments by Senior Citizens or Disabled Persons. Resolution 6127 had a fairly simple test to determine hardship. That test remains as item 5a in Resolution 6131. The City Council also wanted a second means of determining financial hardship for persons who may have income low enough so that they wouldn’t file a federal income tax return as required in Resolution 6127. It was suggested at the meeting that having the applicant shown a Medicaid card would be an acceptable alternative to the tax return. Resolution 6131 revises the policy by providing the applicant the option of providing documentation that either the Social Security/Medicare Administration or the MN Department of Human Services have qualified them as low income for a program of those agencies. This is somewhat broader definition than was discussed at the meeting, but preserves the principle of a federal or state agency determining the low-income status for us. I feel this is an advantage because it includes Medicaid but also covers someone who has real financial hardship that qualifies them for some program other than Medicaid. Respectfully submitted, ___________________________ Charles Hansen, Finance Director RESOLUTION NO. 6131 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 6131 Revising the Policy for Deferral of Special Assessments by Senior Citizens or Disabled Persons WHEREAS, Minnesota Statutes Chapter 435.193 provide that a city may at its discretion defer the payment of a special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; and WHEREAS, City Code Section 202.13 also references deferred payment of special assessments by persons age 65 or older; and WHEREAS, Both Minnesota Statutes and City Code call for the City Council to adopt a resolution establishing standards and guidelines for determining the existence of a hardship. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the following guidelines are established for the deferral of payment of special assessments for public improvement projects and diseased tree removals: 1. Applicants must be age 65 or older or totally and permanently disabled as determined by the Social Security Administration or similar authority. 2. The applicant must be the fee simple owner of the property or must be a contract vendee for fee simple ownership. An applicant must provide either a recorded deed or contract for deed with the application to establish ownership interest. 3. The property must be the applicant’s principal place of domicile and classified on the City’s and the County’s real estate tax rolls as the applicants homestead. 4. All deferred special assessments shall be subject to and charged simple interest at the prevailing interest rate applicable at the time the assessment was originally levied. Said interest shall be payable upon the termination of the deferred status. 5. A hardship shall be deemed to exist when: a) The average annual payment for all assessments levied against the subject property exceeds one (1%) percent of the adjusted gross income of the applicant as evidenced by the applicant’s most recent federal income tax return, or b) The applicant provides documentation that they have been recognized by the Social Security/Medicare Administration as having an annual income that is below the income limits that Social Security sets to qualify as low income for receiving benefits under a Social Security/Medicare program, or c) The applicant provides documentation that they have been recognized by the Minnesota Department of Human Services (DHS) as having annual income that is below the income limits that the DHS sets to qualify as low income for receiving benefits under a DHS program. Resolution 6131 Page 2 6. Special assessment payments deferred pursuant to the eligibility requirements set forth by this resolution shall become payable effective upon the occurrence of one of the following events: a) The subject property is sold, transferred, subdivided, or in any way conveyed to another by the fee owner qualified for deferred status. b) The death of the fee owner qualified for deferred status unless a surviving joint tenant, tenant in common, or contract vendee is eligible for the deferral benefit. c) The subject property loses its homestead status for any reason. d) The City Council determines that there is no longer a hardship to require continuation of the deferred special assessment. 7. An eligible applicant must file an application along with proof of ownership; either a copy of their federal income tax return for the most recent year, or Social Security/Medicare documentation of income qualification, or MN Department of Human Services documentation of income qualification; and either proof of age or proof disability as determined by the Social Security Administration or similar authority. These must be submitted within 30 days of the original certification of the assessment in the year it is assessed, or in subsequent years, by September 15 of the year preceding the year for which deferred status is requested in order to implement the deferral program for said year. All deferral applications must be made on forms provided by the City. Adopted this 10th Day of November 2003. ______________________________ Jerry Linke, Mayor (ATTEST) ______________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 8D Meeting Date: November 10, 2003 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6132 Hiring Steven Vacek as the Public Works Mechanic Background On August 13, 2003 Gary Kardell, in the Streets Division of the Public Works Department, submitted a letter of resignation. Mr. Kardell consequently resigned on October 31, 2003. On August 25, 2003 the City Council approved Resolution No. 6079 granting authorization to advertise for the Public Works Maintenance Worker Position in the Streets Division. On September 8, 2003 the City Council approved Resolution No. 6093 appointing Bruce Meehan, who formerly held the mechanic position in Public Works, to the vacant position in the Streets Division of the Public Works Department. At that time, the City Council also granted authorization to advertise for the newly vacated mechanic position. Acting on direction from City Council, Staff proceeded by advertising for this position in the City’s official newspaper, the New Brighton-Mounds View Bulletin, and the Star Tribune. The City received a total of twenty-seven (27) applications for the vacant mechanic position. The applications were pointed and the top twelve (12) were contacted and asked to take a test containing eighty-seven (87) questions to test their mechanical knowledge. The tests were scored and interviews were scheduled with nine applicants based on the combined scoring of their application and their test scores. The interview committee consisted of the Public Works Director, the Public Works Foreman, and a mechanic employed by the City of New Brighton. First-round interviews were held on October 15th and 16th. The field of candidates was then narrowed to two applicants. Second-round interviews, which included a tour of the Public Works building and a casual meeting with all members of the Public Works Department, were held the week of October 27th. Discussion Staff has reviewed the credentials of the two remaining candidates and is recommending Steven Vacek for the position. The interview committee conferred and agreed that Steven Vacek would meet and exceed all requirements of a Public Works Mechanic. Mr. Vacek is currently employed with Hudson Chrysler, diagnosing and repairing vehicles that are received for service. Mr. Vacek has also worked for the State of Minnesota as a mechanic diagnosing and repairing state-owned and leased automobiles and light trucks. Mr. Vacek also worked at Northland Auto Repair as a mechanic. Mr. Vacek is a certified ASE Master Automotive Technician. He also holds other accreditations: International Mobile Air Conditioning Association Certified, Certificate in Automotive Electrical and Transmissions from Saint Paul Technical Vocational Institution, and employee of the year from the State Travel Management Division. Mr. Vacek also has a Class B driver’s license and has operated dump trucks and skid loaders as an employee of Crete-wood Construction. The Public Works Department is confident that Mr. Vacek would be an asset to the City and is recommending that the Council hire him for the position of Public Works Mechanic, contingent upon his passing all of the pre-employment tests (i.e. drug and alcohol test, criminal background check, physical, etc.) Mr. Vacek, if hired, would be a member of the Public Works Collective Bargaining Unit. As such, Mr. Vacek would be subject to the established job classification system with regard to the pay scale. Based on the criteria set forth by the Labor Agreement with the Public Works Collective Bargaining Unit, Mr. Vacek would qualify for Level B pay scale, which is currently established at $16.83 per hour. Progressing to Level C, then D in the future will be based on Mr. Vacek’s ability to meet the criteria established by the Labor Agreement for these levels. It should be noted that this rate is based on the recently approved amount for 2003. The Public Works Collective Bargaining Unit is currently working with the City to update the Labor Agreement for 2004 and 2005. As per the Public Works Labor Agreement, Mr. Vacek would be subject to a twelve-month probationary period. All other personnel policies will apply per the Public Works Labor Agreement and the City’s personnel manual. Recommendation: Staff recommends that the City Council approve Resolution No. 6132 hiring Steven Vacek as the Public Works Mechanic. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6132 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION HIRING STEVEN VACEK AS THE PUBLIC WORKS MECHANIC WHEREAS, the Mounds View City Council has given direction to hire a Public Works Mechanic; and WHEREAS, the position was advertised and the City received twenty-seven (27) applications; and WHEREAS, Steven Vacek is qualified for the position and would begin employment with the City on November 12, 2003; and WHEREAS, Mr. Vacek will be a member of the Public Works Collective Bargaining Unit, and as such, would be subject to the established job classification system with regard to the pay scale as set forth in the Public Works Labor Agreement, and WHEREAS, Mr. Vacek qualifies for Level B pay scale based on the criteria set forth by said Labor Agreement, which is currently established at $16.83 per hour; and WHEREAS, Mr. Vacek would be subject to a twelve month probationary period and all other personnel policies as per the Public Works Labor Agreement and the City’s personnel manual. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve hiring Steven Vacek as a Mechanic for the City of Mounds View Public Works Department effective November 12, 2003. Adopted this 10th day of November 2003. ______________________________ Jerry Linke, Mayor (ATTEST) ______________________________ Kurt Ulrich City Administrator (SEAL) Item No: 8E Meeting Date: Nov 10, 2003 Type of Business: Consent Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Authorization to Execute Sewer Connection and Maintenance Agreement with Met Council Environmental Services Background: Metropolitan Council division of Environmental Services has requested that the City enter into an agreement with them to allow for the connection into their sanitary sewer main that runs through the property to be developed by LandCor at the corner of Long Lake Road and County Road 10. The City does not have sanitary services in this area and the plan had been to instead access the Met Council line directly. Discussion: To access the Met Council’s primary sanitary line, they are requiring that the City execute a Sewer Access and Maintenance Agreement with them. A copy of the agreement is attached. The private sanitary service that would tie in to the Met Council’s line would be from the office building. Met Council does not however enter into agreements with developers and private entities, only the municipality in which the connection occurs. The sewer agreement in its entirety would be attached to LandCor’s Development Agreement and language would be added to the development agreement that subrogates the City’s responsibilities as indicated in the sewer agreement on to the developer. The City will bear no cost nor assume any liability regarding the agreement. Recommendation: Approve Resolution 6133 authorizing the execution of a sewer connection and maintenance agreement with Met Council. _______________________ Jim Ericson Community Development Director 763-717-4021 RESOLUTION NO. 6133 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF A SEWER CONNECTION AND MAINTENANCE AGREEMENT WITH THE METROPOLITAN COUNCIL WHEREAS, development is occurring at 2442 County Road 10 which necessitates access to sanitary services; and, WHEREAS, the City of Mounds View does not provide sanitary service to this lot; and, WHEREAS, a Metropolitan Council sanitary sewer intercept line is available on the site which can be accessed provided the City enter into an agreement with Met Council regarding the connection and maintenance. WHEREAS, it is the desire of the City to enter into said agreement, attached to this resolution as Exhibit A, with the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Mounds View does hereby authorize the execution of a Sewer Connection and Maintenance Agreement with Metropolitan Council. Adopted this 10th day of November, 2003. Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator (SEAL) EXHIBIT 1 SEWER CONNECTION AND MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of , 2003, by and between the City of Mounds View, a Minnesota Municipal Corporation, its successors and assigns, and the Metropolitan Council, a public corporation and political subdivision of the state. WHEREAS, the City of Mounds View shall be connecting its sanitary sewer collection system to the Metropolitan Council Environmental Services Interceptor No. ; and, WHEREAS, the only feasible connection to the interceptor will involve an inside drop section on Metropolitan Council Environmental Services Maintenance Structure No. ; and, WHEREAS, the City of Mounds View must obtain a connection permit from the Metropolitan Council Environmental Services; and, WHEREAS, the Metropolitan Council Environmental Services requires the following as a condition of the permit: 1. The City assumes the responsibility of possible added costs involved in maintaining the interceptor due to the inside drop connection and reimbursing the Metropolitan Council Environmental Services for same. 2. That the connection in the Maintenance Access Structure No. shall be installed pursuant to applicable codes and comply with Metropolitan Council Environmental Services sewer connection permit requirements. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The City here receives from the Metropolitan Council Environmental Services the right to connect at the City's sole cost and expense, via Maintenance Access Structure No. , to the Metropolitan Council Environmental Services' sewer system. 2. That the sewer hook-up from the building to the connection or from the existing local sewer system to the connection shall be installed to comply with municipal subdivision sewer specifications and other applicable code. IN WITNESS WHEREOF, the undersigned has caused this agreement to be duly executed this ___ day of , 2003. CITY OF MOUNDS VIEW By Jerry Linke, Mayor and Kurt Ulrich, City Clerk/Administrator METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES By Assistant General Manager, Interceptor Systems Item No: 9B Meeting Date: November 10, 2003 Type of Business: CB Administrator Review : ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Second Reading and Adoption of Ordinance 711, an Ordinance Establishing a Pawn Overlay District Introduction: The City Council adopted an Interim ordinance on February 27, 2003, which directed the Planning Commission to review the licensing and zoning implications related to pawnshops and to recommend applicable provisions. Discussion: The Planning Commission discussed this issue at meetings in March, April and May of this year, reviewing State statues, ordinances from adjoining communities and ordinances from communities where pawnshops currently operate. The Commission also heard testimony from representatives of the Mounds View Police Department who performed research of their own, discussing the potential impacts of a pawnshop with other police departments. After significant discussion and input from interested parties including residents and tenants from Moundsview Square, the Commission adopted a resolution forwarding two ordinances on to the City Council for their consideration. The City Council deliberated on the pawnshop zoning and licensing matters before sending the zoning component back to the Commission for additional study to consider (1) an overlay district and (2) potential additional uses to include within the overlay. Two locations were identified by the City Council as potential overlay districts. The first proposed district was that area north of Highway 10, encompassing Sysco, the golf course and the office buildings on Coral Sea Street. The second proposed overlay was in the area south of County Road H, south of the Townsedge Terrace manufactured home community. The Planning Commission determined that if separation from residential areas was a primary factor in establishing an overlay zone, the area south of County Road H would be an unsuitable location given the density of housing at the adjacent Townsedge Terrace community. (There are approximately 240 homes in Townsedge.) The Planning Commission concluded their review on September 3, 2003 by adopting Resolution 737-03, a resolution recommending a pawn overlay district at the southwest corner of Coral Sea Street and County Road J in the northeast part of the City. This area north of Highway 10 was chosen as being the more appropriate of the two overlays proposed, limited however to just the three parcels at the southwest corner of that intersection. Additionally, the Commission by unanimous consent felt it would not be in the City’s best interest to include other uses within the proposed overlay. Pawn Overlay District Nov 10, 2003 Page 2 The City Council reviewed the Planning Commission’s findings and recommendations at the October 6, 2003 worksession. The Council agreed with the Commission and directed staff to bring forward the overlay ordinance for first reading on October 27th. Because this is a zoning action, the Council held a public hearing on the matter and upon closure of the hearing, approved the first reading of the ordinance. Recommendation: Provide for the second reading and adoption of Ordinance 711, an ordinance establishing a pawn overlay district at the southwest corner of Coral Sea Street and County Road J. _____________________________________ James Ericson Community Development Director Exhibits: 1. Ordinance 711 ORDINANCE NO. 711 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING MOUNDS VIEW CITY CODE SECTION 1102.02, PERTAINING TO DEFINITIONS, AND CREATING A NEW CHAPTER 1118, PERTAINING TO OVERLAY ZONING DISTRICTS IN THE CITY OF MOUNDS VIEW WHEREAS, the city of Mounds View has no land use controls of zoning regulations or requirements pertaining to pawnshops; and WHEREAS, the City Council has directed the Mounds View Planning Commission to conduct a study and review the issue of an overlay zoning district as it would pertain to pawnshops; and WHEREAS, the Planning Commission has reviewed the potential geographical areas potentially suitable for an overlay district with the intent of maintaining adequate separation from residential and educational facilities as well as other potentially sensitive land uses; and WHEREAS, the Planning Commission has reviewed the possibility of including other land uses, such as “adult” uses, tattoo and piercing shops, massage parlors, etc. within the proposed overlay zoning district; and WHEREAS, the Planning Commission recommended the adoption of an ordinance establishing a Pawnshop Overlay District in the city of Mounds View to be located north of Highway 10 at the southwest corner of Coral Sea Street and County Road J as identified in Exhibit A; and WHEREAS, the Planning Commission recommended that no other uses be included within the Pawnshop Overlay District. NOW THEREFORE, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. AMENDMENT -- SECTION 1102.02. Section 1102.02 of the Mounds View City Code pertaining to zoning definitions is hereby amended by inserting the bold and double underlined language, to read as follows: Subd. 86. PAWNBROKER: (a) Except as provided in paragraph (b) , "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Ordinance 711 Page 2 (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings and loan whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings and loan associations; any state or federally chartered credit union; any industrial loan and thrift company or regulated lender subject to licensing and regulation by the department of commerce. Subd. 87. PAWNSHOP: “Pawnshop” means the location at which or premises in which a pawnbroker regularly conducts business. A Pawnshop may only be located within a Pawnshop Overlay District created by the city’s zoning ordinance. [All existing subsequent subdivisions within Section 1102.02 are hereby renumbered as appropriate.] SECTION 2. AMENDMENT--NEW CHAPTER 1118. A new Chapter 1118 in the Mounds View City Code pertaining to a Pawnshop Overlay District within the City of Mounds View is hereby created by inserting the language to read as follows: [The Remainder of this Page Intentionally Left Blank] CHAPTER 1118 PS, PAWNSHOP OVERLAY DISTRICT SECTION: 1118.01: Purpose 1118.02: Permitted Uses 1118.03: Other Requirements 1118.04: District Area 1118.01: PURPOSE: The purpose of the Pawnshop Overlay District is to allow the location of a Pawnshop as defined by Section 1102.02 of the City Code as an additional permitted use in defined areas of certain other zoning districts within the City. 1118.02: PERMITTED USES: In addition to other uses permitted in the underlying zoning district, a Pawnshop as defined in Section 1102.02 of the City Code. 1118.03: OTHER REQUIREMENTS: A Pawnshop must comply with all lot standards and other requirements applicable to other permitted uses in the underlying zoning district, provided, however, that a building containing a Pawnshop may not be located within 1,000 feet of another building containing a Pawnshop. In addition, a Pawnshop must be licensed and operate in compliance with the requirements provided in Chapter 516 of the City Code. 1118.04: DISTRICT AREA: The following area is hereby established as being within the Pawnshop Overlay District: Lots 1, 2 and 3, Block 1, North Star Industrial Park 2nd Addition SECTION 3. EFFECT. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on this 27th day of October, 2003. Read and passed by the City Council of the City of Mounds View this 10th day of November, 2003. _________________________________ Jerry Linke, Mayor ATTEST: _________________________________ Kurt Ulrich, Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney Exhibit A. Overlay District Parcels: 3 Total Area: 9.2 acres Underlying Zoning: Industrial Item No: 9C Meeting Date: November 10, 2003 Type of Business: Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Second Reading and Adoption of Ordinance 712, an Ordinance Establishing Licensing and Operating Requirements and Regulations for Pawnshops Introduction: The City Council adopted an Interim ordinance on February 27, 2003, which directed the Planning Commission to review the licensing and zoning implications related to pawnshops and to recommend applicable provisions. The Planning Commission discussed this issue at meetings in March, April and May of this year, reviewing State statues, ordinances from adjoining communities and ordinances from communities where pawnshops currently operate. The Commission also heard testimony from representatives of the Mounds View Police Department who performed research of their own, discussing the potential impacts of a pawnshop with other police departments. After significant discussion and input from interested parties including residents and tenants from Moundsview Square, the Planning Commission adopted a resolution forwarding two ordinances on to the City Council for their consideration. No changes or revisions have been made to the licensing ordinance since last reviewed by the City Council in June of this year. Discussion: Ordinance 712 adds a new Chapter to the Licensing section of the Municipal Code, Title 500. The new chapter, Chapter 516, addresses all aspects of pawnshop operation and regulation. The Council will need to adopt by a separate resolution the appropriate license fees for a pawnshop license. Licensing fees need to reasonably relate to the impact upon the City, thus a City cannot legitimately impose for example a $25,000 license fee simply to discourage a certain business. The annual license fee currently proposed is $10,000. In addition to that, the City would receive 50 cents from every reportable transaction as currently proposed. Together, it would be intended that the collected fees would cover the City’s added expense of overseeing and monitoring the operation, the bulk of which would be handled by the Police Department. We have researched other cities fees and have made inquiries with other police departments to get a sense of how much extra work is generated with the addition of a pawnshop. Based on this research, it could be determined that a $10,000 annual license fee should be sufficient. If a pawnshop were to locate in Mounds View, the Council would have the authority to adjust fees if they are found to be insufficient. Any pawnshop would be required to participate in the Automated Pawn System (APS) program created by the City of Minneapolis. Pawnshops report every transaction into the APS database which then allows subscribing police departments to check periodically for merchandise which may have been reported stolen. Mounds View is a subscriber to this system. Pawned goods are to be held for a 90 day period to both aid in the recovery and return of any stolen merchandise and to ensure an adequate period of time for the person pawing one’s possessions can retrieve them. Licensing Provisions Nov 10, 2003 Page 2 Prohibited Items. The Planning Commission determined that it would be in the best interest of the City if handguns and firearms were prohibited from purchase or pawn. In addition, a pawnshop may not accept any goods or merchandise which displays an obliterated or altered serial number. Suspension/Revocation: Any violation of the terms of the licensing provisions could result in the suspension or revocation of the pawn license. The ordinance articulates a number of prohibited acts, such as lending money on a pledge at a rate of interest higher than allowed by law, possessing stolen goods or merchandise, selling pawned goods before the time to redeem has expired, or accepting pawned goods or buying goods from minors. Legal Review: Scott Riggs from Kennedy & Graven and Tom Hughes from Hughes and Costello reviewed the proposed licensing ordinance and found no issues of concern. Recommendation: Staff and the Planning Commission recommend the adoption of Ordinance 712, an ordinance establishing licensing and operating regulations and requirements for pawnshops. _____________________________________ James Ericson Community Development Director Attachment: 1. Ordinance 712 ORDINANCE NO. 712 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE INDEX AND TABLE OF CONTENTS OF THE MOUNDS VIEW MUNICIPAL CODE, AMENDING THE TABLE OF CONTENTS OF TITLE 500, BUSINESS LICENSE REGULATIONS, AND ADDING A NEW CHAPTER 516, ENTITLED “PAWNSHOPS” THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: The Mounds View Municipal Code Index is amended by alphabetically inserting the following underlined text: Pawnshops ………………………………………………………….………………………516 SECTION 2: The Mounds View Municipal Code Table of Contents is amended by inserting the following underlined text: Pawnshops ………………………………………………………….………………………516 SECTION 3: The Table of Contents for Title 500, Business License Regulations, is amended by inserting the following underlined text: Pawnshops ………………………………………………………….………………………516 SECTION 4: A new Chapter 516 entitled “Pawnshops” is hereby added to Title 500, Business License Regulations: 1 CHAPTER 516 PAWNSHOPS SECTION: 516.01: Purpose 516.02: Definitions 516.03: License Required 516.04: Application for License 516.05: Investigation by Police Department 516.06: Term of License and Renewals 516.07: License Fees 516.08: Billable Transaction Fees 516.09: Bond Requirement 516.10: Ineligible Persons and Locations 516.11: General License Requirements 516.12: Alarm System Requirement 516.13: Suspension or Revocation of License 516.14: Prohibited Acts 516.15: Adoption of State Statute by Reference 516.16: Separability 516.01 PURPOSE: The City Council of the City of Mounds View finds that pawnbroker regulation is appropriate because such activities provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation of such activities is warranted because customers of such businesses frequently seek their services during times of desperate financial circumstances. To help the City of Mounds View to better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this chapter also implements and establishes the required use of the Automated Pawn System (APS). 516.02 DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings as follows: ACCEPTABLE IDENTIFICATION: Acceptable forms of identification are a current valid Minnesota 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. AUTOMATED PAWN SYSTEM (APS): A computerized data collection system that mandates the collection of data and digitized images via modem for the purpose of 2 regulation and review of licensed pawn dealers by city officials and authorized subscribers. BILLABLE TRANSACTIONS: Every reportable transaction conducted by a pawnbroker, except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee's possession. CONSIGNMENT: Acting as a sales agent for another, selling another person’s goods without having to first purchase said goods. ISSUING AUTHORITY: The City of Mounds View. ITEM CONTAINING PRECIOUS METAL: An item made in whole or in part of metal and containing more than one percent (1%) by weight of silver, gold or platinum. MANAGER: A person or persons designated by the licensee to operate and supervise the pawnshop under the provisions of this Chapter. MINOR: Any natural person under the age of eighteen (18) years. PAWNBROKER: A person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve system, or any other federal or state authority and their affiliates; any bank or savings and loan whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings and loan associations; any state or federally chartered credit union; any industrial loan and thrift company or regulated lender subject to licensing and regulation by the department of commerce. PAWNSHOP: The licensed location in which a pawnbroker conducts business. PERSON: 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. PRECIOUS METAL DEALER: Except as exempted by MN Statutes Section 325F.732 Subd 2, any natural person, partnership or corporation engaging in the business of buying, selling or pawning secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. PRECIOUS METALS: means Silver, gold or platinum. 3 REDEMPTION PERIOD: The date by which an item of property that has been pawned must be redeemed by the pledger without risk that the item will be sold. Such date must be a day on which the pawnbroker or precious metal dealer is open for regular business. REPORTABLE TRANSACTION: Every transaction conducted by a pawnbroker in which merchandise is received through a pawn or purchase, or in which a pawn is renewed, extended, or for which a unique transaction number or identifier is generated by their point of sale software, is reportable, except: A. The bulk purchase 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 which describes each item, and must mark each item in a manner which relates it to that transaction record. B. Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. 516.03 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 in accordance with this chapter to be a pawnbroker. Pawnbrokers shall also maintain and display at all times a current and valid Precious Metal Dealer License issued by Ramsey County. 516.04 APPLICATION FOR LICENSE: Every application for license under this chapter, whether for a natural person, partnership, corporation or other organization, shall be made on a form supplied by the City and shall contain all information as required on that form by law. Subd. 1. All applications for a license under this chapter shall be signed and sworn to under oath or affirmation by applicant. 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. Subd. 2. Any falsification on a license application shall result in the denial of a license. Subd. 3. No Pawnbroker License will be issued, renewed or transferred without a public hearing conducted by the City Council after a notice has been published in the official City newspaper at least ten (10) days in advance of the hearing. 4 516.05 INVESTIGATION BY POLICE DEPARTMENT: Subd. 1. Investigation and Report: All applications shall be referred to the police department for verification and investigation of the facts set forth in the application. The police department shall make a written report and recommendation to the City Council as to approval or denial of the license. The City Council may order and conduct such additional investigation that it deems necessary. Subd. 2. Cost of Investigation: An investigation fee shall be collected with each application for a Pawnshop license to cover the expense of any investigation needed to assure compliance with this chapter. The investigation fee is established by resolution of the City Council. If the investigation and verification process is conducted outside the state of Minnesota, additional fees may be required. Subd. 3. When a licensee places a manager in charge of the business, or if the named manager(s) in charge of a licensed business changes, the licensee must complete and submit the appropriate investigation application within fourteen (14) days. The manager shall be subject to the investigation required herein and to payment of the investigation fee required by this chapter, 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 fourteen (14) 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/administrator within ten (10) days after being notified of the rejection. 516.06 TERM OF LICENSE AND RENEWALS: Subd. 1 Term: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. Subd. 2. Renewal: A license under this section will not be renewed if the City Council determines that the licensee has failed to comply with the provisions of this chapter in a preceding license year or if there would be sufficient grounds not to issue a license in the first instance. 516.07 LICENSE FEES: To defray administrative and other costs of processing applications for Pawnshop licenses, a nonrefundable fee shall be paid at the time an application is filed with the City. The minimum fee shall be established by resolution approved by the City Council. 5 516.08 BILLABLE TRANSACTION FEES: Licensees shall pay a monthly transaction fee on all billable transactions. The minimum fee shall be established by resolution approved by the City Council. 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 chapter. 516.09 BOND REQUIREMENT: At the time of filing an application for a license, the applicant shall file a bond in the amount of ten thousand dollars ($10,000.00) with the City. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the city attorney. The bond must be conditioned on the licensee observing all ordinances of the City and all laws relating to the business of pawnbroker or precious metal dealer, and the licensee accounting for and delivering 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 paying the person or persons the reasonable value thereof. The bond shall contain a provision that it may not be canceled without thirty (30) days advance written notice to the licensing authority. 516.10 INELIGIBLE PERSONS AND LOCATIONS: Subd. 1. Ineligible Persons: No licenses under this chapter shall be issued to an applicant who is a natural person, general or managing partner, manager, proprietor or agent if such applicant: a. Is a minor at the time the application is filed; b. Has been convicted of any offense related to the occupation licensed or involving moral turpitude; c. Is not a citizen of the United States or a resident alien; d. Is not of good moral character or repute; e. Has misrepresented or falsified information on the license application; f. Holds an intoxicating liquor license under this code; g. Has had a pawnbroker or precious metal dealer license revoked elsewhere; or h. Other good and sufficient reason at the sole discretion of the City Council. Subd. 2. Ineligible Locations: The following locations shall be ineligible for licenses under this chapter: a. No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the state, county, school district or city are due, delinquent or unpaid. b. No license shall be granted or renewed if the property on which the business is to be conducted is owned or controlled by a person who is ineligible for a license. 6 c. The property is not properly zoned. d. A location within one thousand (1,000) feet of an existing pawnshop. e. No license shall be granted for a premises in excess of 5,000 square feet. Subd. 3. Multiple Brokers Or Dealers Prohibited: No license shall be issued for multiple pawnbrokers at one location. 516.11 GENERAL LICENSE REQUIREMENTS: Subd. 1. Record Keeping: All licensees shall utilize the Automated Pawn System (APS) for the creation, maintenance, and storage of transactional records regarding licensed activities. At the time of a receipt of an item of property, whether purchased or pawned, the pawnbroker shall immediately record, on computer disc or if the computer is temporarily unavailable in a book or journal which has page numbers that are preprinted and in an indelible ink, the following information: a. Description Of Item: An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand, brand name or other identifying mark on such item; b. Date And Time: The date and time the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be assigned consecutively; c. Description Of Person: The name, address, residence phone number, date of birth, and accurate description including: sex, height, weight, race, color of eyes and color of hair of the person from whom the item of property was received; d. Identification Number: The identification number and state or nation of issue from any of the following forms of identification of the person from whom the item of property was received: (1) A valid driver's license; (2) A valid state or national picture identification. e. Price: The price of the item paid and whether the item was purchased or pawned; f. Fees: A list of all fees and charges that the transaction may be subject to; 7 g. Statement: A signed statement from the person from whom the item of property is received that there are no liens on the item, that it is not stolen and that the person has the right to sell it. h. Photograph or Video Recording: The licensee must take a color photograph or color video recording of each customer involved in a billable transaction and every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. (1) Photo Provisions: The photograph taken must be at least two inches (2") in length by two inches (2") 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 on the premises. (2) Video Provisions: If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee shall display a sign of sufficient size in a conspicuous place on the premises informing patrons that all transactions are video-recorded. The licensee must keep the exposed videotape for four (4) months, and furnish it to the police department upon request. (3) Digitized Photographs: Digital images shall be provided in a format specified by the issuing authority, electronically cross referenced to the reportable transaction with which they are associated. i. Renewals, Extensions And Redemptions: For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, the type of transaction, interest charges accrued, and any amount paid for the transaction or the article. When an article of purchased or forfeited property is sold or disposed of by a licensee 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. Subd. 2. Inspection Of Records: The pawnbroker shall make available the information required in subdivision 1 of this section at all reasonable times for inspection by the police department or other representatives of the licensing authority. Subd. 3. Retention of Records. The pawnbroker shall retain the information required in this section for at least five (5) years. 8 Subd. 4 Daily Reports To Police Are Required: The pawnbroker shall submit daily to the police department all information required by this section regarding every reportable transaction by transferring it from their computer to the Automated Pawn System. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority using procedures that address security concerns of the licensees and the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the police department daily. Subd. 5. Data Transfer Failures: a. If a licensee is unable to successfully transfer the required reports by electronic means, the licensee must provide the police department printed copies of all reportable transactions along with the videotape(s) for that date, by twelve o'clock (12:00) noon the next business day; b. 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 and shall be charged a fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected; or c. If the problem is determined to be outside the licensee's system, the licensee must provide the required reports and resubmit all such transaction electronically when the error is corrected. d. If a licensee is unable to capture, digitize or transmit digital photographs required by this chapter, 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. e. Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. f. The police department may at their discretion, upon presentation of extenuating circumstances by the licensee, delay the implementation of the daily reporting penalty imposed by this section. Subd. 6. Police Order To Hold Property: Whenever the police department notifies the pawnbroker not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the police department. 9 Subd. 7. Holding Period Of Pawnbrokers: a. Any item pawned to a pawnbroker for which a report to the police is required under this chapter shall not be sold or otherwise transferred for ninety (90) days after the date of the pawn. However, an individual may redeem an item pawned seventy two (72) hours after the item was received on deposit by the pawnbroker, excluding Sundays and legal holidays. b. Any item sold outright to a pawnbroker for which a report to the police is required under this chapter shall not be sold or otherwise transferred for thirty (30) days after the date of the initial purchase. Subd. 8. Receipt: The pawnbroker shall provide a receipt to the seller or pledger of any item of property received, which shall include: a. The name, address and phone number of the pawnbroker or precious metal dealer business. b. The date on which the pawnbroker or precious metal dealer received the item. c. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold. d. The signature of the pawnbroker or precious metal dealer or agent. e. The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date. f. The annual rate of interest charged on pawned items received. g. The name, address, and signature of the seller or pledger. Subd. 9. Hours Of Operation: No pawnbroker shall be open for the transaction of business on any day of the week before eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. Subd. 10. Minors: The pawnbroker shall not purchase or receive personal property of any nature on deposit or pledge from any minor. Subd. 11. Inspection Of Items: The pawnbroker shall at all times during the term of the license allow the police department to enter the premises where the pawnbroker business is located, for the purpose of inspecting such premises and inspecting the items, wares and merchandise therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of. Subd. 12. License Display: A license issued under this chapter 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. Any additional required county and state licenses shall be similarly posted. Subd. 13. Maintenance Of Order: A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order. 10 Subd. 14. Prohibited Goods: No licensee under this chapter 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. Subd. 15. Payment By Check: Payment of more than two hundred fifty dollars ($250.00) by a licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft, or other negotiable or nonnegotiable instrument that is drawn against funds held by a financial institution. This policy shall be posted in a conspicuous place in the premises. Subd. 16. Storage: All items shall be stored within the licensed premises. Subd. 17. Prohibited Items: Licensee shall not accept for pawn or purchase or offer for sale firearms or handguns. Subd. 18. Signage: 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: 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. For the purpose of this Subsection, “adequate signage” shall 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. Subd. 19. Disposition of Articles: When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and, in the case of items sold for more than $100.00, the name, address and telephone number of the purchaser. 11 Subd. 20. Managers: In the event the Licensee places a manager or managers in charge of the operation (subject to the requirements of Section 516.04), the manager or managers shall work on average a minimum of 80 hours per month during a six-month time period. 516.12 ALARM SYSTEM REQUIREMENT: An alarm system, professionally installed and approved by the Police Chief shall be installed at the licensed premises. 516.13 SUSPENSION OR REVOCATION OF LICENSES: Subd. 1. Violation: The City Council may suspend or revoke a license issued under this chapter upon a finding of a violation of: a. Any of the provisions of this chapter b. Any state statute regulating pawnbrokers or precious metal dealers c. Any state or local law relating to moral character and repute. Any conviction by the pawnbroker or precious metal dealer for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. Subd. 2 Notice; Hearing: Except in the case of a suspension pending a hearing on revocation, 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 or precious metal dealer. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the pawnbroker by United States mail addressed to the most recent address of the business in the license application. 516.14 PROHIBITED ACTS: Subd. 1. No pawnbroker licensed upon this chapter shall: a. Lend money on a pledge at a rate of interest above that allowed by law; b. Possess stolen goods; c. Sell pledged goods before the time to redeem has expired; d. Make a loan on a pledge to a minor or purchase property from a minor; e. Accept consignments or sell consigned goods or items. f. 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 12 slugs, chips or tokens of any kind, which are redeemable in merchandise or cash. Gambling of any kind, except as noted herein, is prohibited. 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. 516.15 ADOPTION BY REFERENCE: Minnesota Statutes, Chapter 325J is hereby adopted by reference. Wherever this chapter is more restrictive than said statutes, this chapter will control. Wherever said statutes are more restrictive than this chapter, said statutes shall control. 516.16 SEPARABILITY: Should any section, clause or other provision of this chapter 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 so declared invalid. SECTION 5. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this 27th day of October, 2003. Read and passed by the City Council of the City of Mounds View this 10th day of November, 2003. Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney 13 Item No. 09D Meeting Date: November 10, 2003 Type of Business: Council Business City Administrator Review: _____ RESOLUTION NO. 6134 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR LINDA MEYER, POLICE ADMINISTRATIVE ASSISTANT WHEREAS, Linda Meyer is a regular full-time employee who began working for the City of Mounds View in September of 1982, and WHEREAS, Linda Meyer’s Supervisor has reviewed her performance as it relates to the responsibilities of Administrative Assistant outlined in the job description, and WHEREAS, Linda Meyer’s Supervisor determined that Linda Meyer has satisfactorily performed in the capacity of Administrative Assistant; and WHEREAS, a wage adjustment from Step Four to Step Five is consistent with the agreement previously detailed in resolution no. 6013, which covered the terms of her appointment to the position of Administrative Assistant, NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Administrative Assistant from Step Four ($18.61/hour) to Step Five ($19.59/hour) effective November 12, 2003. Adopted this 10th day of November 2003. ________________________________ Jerry Linke, Mayor ATTEST: _________________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 9E Meeting Date: 11/07/03 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution Approving a Step Adjustment for Ken Gammell, Cable Technician RESOLUTION NO. 6135 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR KEN GAMMELL, CABLE TECHNICIAN WHEREAS, Ken Gammell is a regular full-time employee who began working for the City of Mounds View in August of 2002, and WHEREAS, Ken Gammell’s Supervisor has reviewed his performance as it relates to the responsibilities of Cable Technician outlined in the job description, and WHEREAS, Ken Gammell’s Supervisor determined that Ken Gammell has satisfactorily performed in the capacity of Cable Technician; and WHEREAS, a wage adjustment from Step Three to Step Four is consistent with the agreement previously detailed in Resolution No. 5832, which covered the terms of his appointment to the position of Cable Technician, NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Cable Technician from Step Three ($13.31/hour) to Step Four ($14.92/hour) effective August 27, 2003. Adopted this 10th day of November 2003. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (SEAL)