HomeMy WebLinkAboutCC PACKET 05282003 Meeting Sheet
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Box: 29
Folder: CC PACKETS 2001-2004
Document: CC PACKET 05282003
CITY OF ST. ANTHONY
Our mission is to be a progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
May 28, 2003
Council Chambers
Call to Order.
Roll Call.
Consideration, Discussion, and Possible Action on All of the Following Items:
I. Approval of the May 28, 2003 City Council Meeting Agenda. Action
requested.
II. Proclamations and Recognitions.
III. Community Forum.
Individuals may address the City Council about anyitem not included on the
regular agenda. Speakers are requested to come to the podium, state their name
and address for the Clerk's record and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this
time, but may typically refer the matter to staff for a future report or direct that the
matter be scheduled on an upcoming agenda.
IV. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will
be no separate discussion of these items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve May 13, 2003 Council meeting minutes. (pp. 1-12)
B. Licenses and permits. (p.13)
C. Claims. (pp. 14-17)
D. Resolution 03-036, re: City's insurance renewal. (pp. 18-21)
V. Public Hearings - None.
Page 2
VI. Reports From Commissions and Staff.
A. Planning Commission - May 20, 2003.
1. Ordinance 2003-003, re: Pawnbrokers. First Reading Action
requested. (pp. 22-43)
2. Ordinance 2003-004, re: Secondhand dealers. First Reading Action
requested. (pp. 44-62)
3. Ordinance 2003-005, re: Amending 1635.03 of Zoning Code to
allow Pawnbrokers and Secondhand Dealers as Conditional Uses
in Commercial Districts. Action requested. (pp. 63-64)
4. Ordinance 2003-006, re: Amending Chapter 6 of the St. Anthony
City Code; establishing fees for the investigation and Licensing of
Pawnbrokers and Secondhand Dealers. Action requested. (p. 65)
5. Ordinance 2003-007, re: Amending Section 1635.03 of the Zoning
Code to allow Adult Day Care Centers as Conditional Uses in
Commercial Districts. Action requested. (pp. 66-67)
B.. Update on City's Engineering Projects. Todd Hubmer, WSB & Associates,
Inc., will be present. (pp. 68-80)
C. Presentation of City's 2002 Audit. Stuart Bonniwell, CPA will present. (pp.
(pp. 81-85)
D. Resolution 2003-040, re: Entering into a Lease Agreement with the HRA.
Action requested: (pp 86-92)
VII. General Policy Business of the Council.
VIII. Reports From City Manager and Councilmembers.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
City Council Regular Meeting Minutes
May 13, 2003
Page 1
I CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 May 13, 2003
6
7 CALL TO ORDER.
8 Mayor Hodson called the meeting to order at 7:01 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust.
15 Absent: None.
16 Also Present: City Manager Mike Morrison.
17
18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF MAY 13, 2003 CITY COUNCIL MEETING AGENDA.
22 Motion-by Councilmember Thuesen to approve the City Council Meeting Agenda of May 13,
23 2003.
24
25 Motion carried unanimously.
26
27 I1. PROCLAMATIONS AND RECOGNITIONS.
28 1. Presentation from Students of Salo, Finland's Moisio School
29 Mayor Hodson invited the Councilmember Faust to introduce the students and faculty from
30 Finland. Councilmember Faust noted the City has had the opportunity to host 10 students and 2
31 teachers from Moisio School in Salo, Finland. He asked the students and teachers to step
32 forward and introduce themselves to the Council. The visitors thanked the residents for their
33 kindness, hospitality and generosity. They indicated they were pleased with the opportunity to
34 visit such a wonderful area of the country.
35
36 III. COMMUNITY FORUM.
37 Mayor Hodson invited residents to come forward at this time and address the Council on items
38 that were not on the regular agenda.
39
40 Stan Nelson, 3504 Maplewood Drive, noted he was not present at the last meeting to discuss the
41 budget,but indicated he had two overheads to review with the Council. He indicated he felt the
42 City was lucky to have Roger Larson as the Finance Director. Mr. Nelson stated when looking
43 at the budget for 2004, the intergovernmental revenue was questionable for next year. He
44 encouraged the Council to look at line items named miscellaneous funds and have them greater
45 defined. Mr. Nelson noted the use of other supplies as a line item needed greater detail and
City Council Regular Meeting Minutes
May 13, 2003
Page 2
1 specification as well. He stated he felt the park expenses were too high for 2004 as public safety
2 and public services should come first in these budget tight times.
3
4 Mike Christensen, 3043 Croft Drive, stated briefly that he has lived in the City.nearly his whole
5 life. He indicated he also works in the City, which has him representing a taxpayer in both
6 capacities. Mr. Christensen indicated the City of St. Anthony has high taxes in comparison to
7 neighboring communities. He noted a lot of investments have been made into the City for the
8 school district and for governmental improvements. Mr. Christensen stated the new City Hall
9 was a great expense for the City. He noted financial planning is a concern to all working
10 families and he cautioned the Council to be as careful with their money as he is with his in
11 moving forward with the fire station and public works facilities.
12
13 IV. CONSENT AGENDA.
14
15 1. Consider April 22, 2003 Council meeting minutes.
16 2. Consider licenses and permits.
17 3. Consider payment of claims.
18
19 Motion by Councilmember Sparks to approve the Consent Agenda items.
20
21 Motion carried unanimously.
22
23 V. PUBLIC HEARINGS.
24 None. -
25
26 VI. REPORTS FROM COMMISSIONS AND STAFF.
27 A. Update from Parks Commission.
28 Park Commissioner Doug Koehntop stepped forward to address the Council. Mr. Koehntop
29 stated the Commission has been dealing with final construction on Central Park and wrapping
30 things up. He noted one of the biggest issues is erosion from water run off due to the location of
31 the park. He noted drainage issues are being addressed by Jay Hartman to get this issue under
32 control and complete. He felt the park would be done by July 1, 2003 with a park opening some
33 time next spring.
34
35 Mr. Koehntop noted the Park Commission wants the Council to know Central Park's space was
36 maximized and noted parking could be a concern when all fields are in use. He noted additional
37 parking space could be gained from the Christen site if purchased for the fire station.
38
39 B. Update from Public Facilities Study Group.
40 Public Facilities Study Group Chair Paul Archambault stepped forward to address the Council.
41 Mr. Archambault gave a presentation to the Council on the Public Facilities Study Group
42 regarding a new Fire Station and renovations to the Public Works Facility. He gave the
43 background information as to the problem with the existing structures and how to resolve these
44 issues.
45
City Council Regular Meeting Minutes 3
May 13, 2003
Page 3
1 Mr. Archambault noted the Study Group was charged to look at all options available over an
2 eight-month period and present the Council with their recommendations. He indicated numerous
3 sites within the City were reviewed by the varying Study Group members. Mr. Archambault ,
4 noted three open houses were held to gain additional feedback from the residents.
5
6 Mr. Archambault reviewed the preferred options with the Council stating the Study Group feels
7 the Christen site would be a great central location for a new combined fire station. He stated the
8 existing sites could be redeveloped to allow them to generate taxes again. Mr. Archambault
9 indicated the Study Group recommends renovating and adding on to the existing public works
10 facility to bring it up to code and meet the needs of the City. He then reviewed the needs of the
11 public works and how the existing facility was not meeting those needs.
12
13 Mr. Archambault stated the proposed improvements are not short-term in nature, but would be
14 lasting improvements to bring the community into the next 50 years for their public works and
15 fire departments.
16
17 Mr. Archambault indicated the Council challenged the study group with a$5 million budget for
18 both upgrades. He noted this challenge then led to a proposal of doing both facilities at the
19 public works facility site for roughly$4.7 million. He reviewed the advantages and
20 disadvantages of this proposal noting the site would not provide enough parking or indoor
21 storage if approved as presented.
22
23 Mr. Archambault reviewed a response time survey completed by the study group and how it
24 could be effected by the placement of the fire department at the public works facilities. He noted
25 response times would increase. Mr. Archambault noted the Kenzie Terrace site has been
26 eliminated as a possibility due to the price of acquisition($600,000) and demolition work
27 needed. He stated this would also remove a commercial property from the tax rolls. Mr.
28 Archambault reviewed the acquisition fees between the Christen property to the Kenzie Terrace
29 parcel.
30
31 Mr. Archambault explained if the Christen site were used for a new station, the scale of the
32 building would have to be downsized. He reviewed a new plan meeting the$5 million budget to
33 best serve the community from this central location. Mr. Archambault reviewed the proposed
34 renovations to the public works facilities to meet the budget left over after completing the fire
35 station.
36
37 Mr. Archambault reviewed the project costs estimates and how it would effect the taxpayers
38 within the community. He noted for a$100,000 home with a$5 million bond it would cost the
39 taxpayer$85 per year. Mr. Archambault noted lease revenue bonds do not require a vote and
40 indicated these bonds are most often used for city service buildings and utilities. He stated this
41 may be an option for the Council to consider as the economy is down with construction pricing
42 at a surprising low.
43
44 Mr. Archambault explained the need for these facilities was not going to go away. He stated
45 these buildings would be an investment that would last the residents up to 50 years and would
46 only be paid on for 20 years. Mr. Archambault indicated the residents are looking for the
City Council Regular Meeting Minutes
May 13, 2003
Page 4
1 Council to be reasonable with these facilities and that the monies are spent wisely. He thanked
2 the Council for their time and asked for questions or comments.
3
4 Councilmember Faust thanked the Study Group for their work and recommendations. He also
5 thanked the community for their input. Councilmember Faust noted this was a difficult position
6 for all taxpayers as all residents would be expending money. He questioned if a reduction in the
7 public works facility by 37% could be done. Mr. Archambault indicated this was their
8 recommendation to keep within the $5 million budget. He noted an additional 600,000 square
9 feet was needed to bring the space up to what the facility demands, but would bring the budget
10 up to $5.5 million.
11
12 Councilmember Faust indicated he feels the investment in these buildings will greatly benefit the
13 community if built with the next 50 years in mind. He noted an issue of flooding was postponed
14 for many years until the Council undertook the 100-year flood protection. Councilmember Faust
15 noted that Council undertook a great expense and criticism when addressing that issue,but did
16 the right thing for the community.
17
18 Councilmember Faust stated the cost of not doing the improvements could greatly outweigh the
19 fee of doing it in the future. He noted interest rates are at an all time low, construction fees are
20 down and stated this would be a great time for the Council to seize the opportunity for the
21 greater good of the community.
22
23 Councilmember Thuesen thanked the Study Group for their efforts as he believes they exceeded
24 the requests of the Council. He stated he feels the community needs to address the fire station
25 health issues as they deserve a healthy environment to live and work in. Councilmember
26 Thuesen stated the public works facilities were not constructed for the needs of today. He feels
27 the employees deserve a safe and healthy work environment.
28
29 Councilmember Thuesen noted misleading information harms the public and that educating the
30 residents of the facts is the Council's goal at this time. He stated he feels the fire station and
31 public works facilities both have"leaky roofs"that need to be fixed and cannot be put off any
32 longer. Councilmember Thuesen stated he feels the updating of these facilities would increase
33 the value of the community going into the future.
34
35 Councilmember Sparks indicated the residents are questioning the level of services provided by
36 the City of St. Anthony. She noted this was addressed before the Study Group was established.
37 Councilmember Sparks explained the fire station needs a building and a functioning fire
38 department. She stated this must be done in an efficient manner with the citizens kept in mind.
39
40 Councilmember Sparks stated she is convinced the public works facility is inefficient and also .
41 requires improvements. Mr. Archambault noted operations of the public facilities were discussed
42 after a first open house by drafting and having staff answer questions regarding these operations.
43 He stated communities that try and design a facility on their own without using a professional,
44 oftentimes end up creating numerous unforeseen problems. He noted professionals should be
45 used to help the City make the right decisions.
46
City Council Regular Meeting Minutes
May 13, 2003
Page 5
1 Councilmember Horst thanked the Study Group for all their hard work. He noted this was a.great
2 undertaking that worked out for the best. He noted he considered both projects as being essential
3 infrastructure to the City and its residents. He stated the public has been involved with this issue
4 and provided great input. Councilmember Horst indicated the Study Group was not guided by
5 the Council,but instead charged to find and recommend solutions.
6
7 Mayor Hodson reviewed the history of the public works facilities and fire station. He noted the
8 public wants increased revenues streams while promoting redevelopment of the City. Mayor
9 Hodson stated he is struggling with these improvements, and that creating a building that would
10 last 50 years would cost a greater amount of money than a quick fix.
11
12 Mayor Hodson questioned the quality of construction and if the Christen site could be reduced to
13 a three bay station. He wondered if this could then be increased in the future and also if the
14 public works facility vehicles could sit outside and if there was a cost to doing so. Mr.
15 Archambault noted with the $6.2 million option, all vehicles would be stored inside and would
16 also have the fourth bay at the fire station. He indicated the $5 million option would allow for a
17 three bay solution at the fire station with a lot of public work vehicles being stored outside. Mr.
18 Jeff Oeretel, architect, noted adding the fourth bay in the future would be a great expense with
19 the current design of the fire station.
20
21 Mayor Hodson asked for the cost of the reduction of the fourth bay. Mr. Oertel stated this was a
22 reduction of$180,000 for the fourth bay.
23
24 Mayor Hodson reiterated the importance of the meeting room area in the fire department as there
25 was not enough room at City Hall. He questioned the life expectancy of the proposed buildings.
26 Mr. Oertel stated the proposed buildings would last a lifetime as they would be concrete
27 structures.
28
29 Jim Wiehoff, 3508 Coolidge Street NE, greeted the Council and thanked them for their efforts.
30 He pointed out that the cost per capita in St. Anthony was $272 for public safety and fire. He
31 noted there are only 8,000 residents in the City of St. Anthony and for families with multiple
32 children this becomes extreme. He noted the City of New Brighton has a cost per capita of
33 roughly$100, Arden Hills was roughly$70, Mounds View was roughly$125,Roseville was
34 roughly$155 and Falcon Heights was roughly$100. He stated he feels that St. Anthony's
35 expenses are out of line. He added that he would like to see this voted on and not have the
36 Council use leased revenue bonds.
37
38 Tom Roman, 2700 30`h Avenue NE, noted he has been a resident since 1979. He stated he
39 appreciates the community he lives in. Mr. Roman commented there was no real hard data that
40 these facilities are going to last 50 years. He suggested the volunteer fireman be allowed to
41 break laws to increase response times. Mr. Roman stated in these economic times, tax increases
42 should be considered cautiously. He noted there are taxes all around residents at a local, state
43 and federal level. Mr. Roman considered reducing the number of fire trucks to reduce the size of
44 the building as the vast majority of the calls within the City are medical. He stated he wants a
45 vote on this issue and not have it decided by the Council. Mr. Roman suggested the Christen site
46 be examined further for contamination and pollution, which would increase City expenses.
City Council Regular Meeting Minutes
May 13, 2003
Page 6
1 Don Burr, 2417 30`h Avenue NE, noted he has been a resident since 1984. He stated the fire
2 department saved his sons life and indicated he feels the level of service and current response
3 time should be maintained. Mr. Burr stated the services provided in this community keeps him
4 here and should not change as the alternative of outsourcing are not attractive. He indicated
5 action should be taken to rebuild the City's infrastructure to keep the City from deteriorating. He
6 stated he was in favor of adding the additional 600,000 SF into the public works facility to
7 provide them the space and storage they require. Mr. Burr asked that the Council consider the
8 importance of these buildings to the residents and use the benefits of the economy to the City's
9 favor. He stated he also lives in this City because of the school district and fire department. He
10 noted all of these services provide a great community to live in. Mr. Burr indicated he was in
11 support of the public works facility and new fire station with their increased costs.
12
13 Glen Brown, 3312 Highcrest Road, has been a resident for 13 years. He stated he was a paid on
14 call fireman for the City of Roseville. He stated he is in favor of St. Anthony putting together a
15 new fire station. He encouraged residents to tour the current facility as it does not function at
16 this time. Mr. Brown noted the fire station was there for the residents and can greatly affect and
17 save human life. He stated the only downfall he sees is not adding the fourth bay. Mr. Brown
18 indicated this would greater prepare the City for the future.
19
20 Ron Hansen, 3220 Belden Drive, has been a resident for 34 years. He thanked the task force, the
21 fire department and public works facility for their service. Mr. Hansen stated the public needs a
22 public:hearing to have their questions addressed. He indicated $6 million would be the largest
23 expense he has seen since living in the community. Mr. Hansen noted the residents deserve the
24 right to vote on this issue and to continue dialogues.
25
26 George Wagner, 3407 Fordham Court, gave credit to the Study Group for their work. Mr.
27 Wagner stated the need for a fire department and public works facility has been an issue for over
28 a decade. He indicated other issues have been addressed in this time but stated it can no longer
29 be put off as our employees deserve a safe and healthy working environment. Mr. Wagner stated
30 if completed now, there was an opportunity to take advantage of great financing, low
31 construction costs and an interested buyer in the current fire station. He asked that cost and
32 efficiency be compromised but not at the expense that services are limited. Mr. Wagner stated
33 he is in favor of the proposed fire station and public works facility and the expenses that would
34 be associated.
35
36 Bill Volna, 3501 Coolidge Street NE,resident for 30+years. Mr. Volna addressed information
37 discussed by the task force at an open house. He questioned why so many fire trucks were
38 needed when there is a collaboration between the neighboring communities for mutual aid. Mr.
39 Volna indicated there would be required maintenance between now and the next 50 years that
40 the Council has not considered. He noted he has a bad taste in his mouth about the exhaust
41 system to purge the diesel exhaust from the building and the great need for it. Mr. Volna noted
42 he toured the barn recently and stated they need improved living quarters but doesn't see the
43 need for a 16,000 SF facility with additional large trucks.
44
45 Stephen Johnson, 3205 Croft Drive, thanked the fire department for their efforts. He noted the
46 chance to improve the fire departments situation in a central location would benefit the City
City Council Regular Meeting Minutes
May 13, 2003
Page 7
1 greatly. Mr. Johnson stated it is the City's responsibility to provide fire protection and medical
2 responses in a timely fashion to all members of the community. He noted the public works
3 facility sub-standard with inadequate washroom facilities. Mr. Johnson expressed that he wants
4 the Council to build the facilities the community can be proud of for the next 50 years.
5
6 Mike Gohden, 2901 St. Anthony Boulevard, stated the misinformation was from the City
7 newsletter. He indicated the residents deserve a public vote.
8
9 Julianne Hunter, 3030 Silver Lake Road, noted she is a new resident to the community and
10 enjoys the public services within the village. She feels St. Anthony was a high quality City. Ms.
11 Hunter indicated she feels the task force has done an excellent job in looking at the efficient use
12 of funds for these facilities. She noted she was in favor of the expenditure of these funds for the
13 betterment of the community. Ms. Hunter encouraged the Council to use their vote and create a
14 facility that will last 50+ years for the community.
15
16 David Gottlieb, 3301 Edward Street, has lived in the area for 10 years. Mr. Edward noted he is
17 in favor of the Council making a decision as outlined by the task force. He stated the task force
18 has done a wonderful job and feels the Council has made fine decisions in the past with the
19 taxpayer's money. He stated these buildings are for the safety and welfare of the public. Mr.
20 Edward noted the bigger picture was to spend a little more at this time to increase the value of
21 the community for all to enjoy over the long term. He indicated he is willing to pay for the new
22 facilities as proposed and encouraged the Council to vote for the best possible facilities for the
23 community and its residents.
24
25 Lowell Ludford, 2813 Townview Avenue NE, has been a resident for 30+years. Mr. Ludford
26 noted he felt the public facility study group was given a blank check budget and thanked the
27 Study Group for considering a$5 million budget. He stated the impact of the proposed facilities
28 will increase the residents' taxes. Mr. Ludford suggested an alternative to allow the taxpayers to
29 decide this issue at this fall's election. He noted this would allow for greater education of the
30 public as he felt this was the fair and ethical thing to do.
31
32 Bob Victorine, 3617 Coolidge Street NE, noted he has been a resident since 1969. He stated he
33 moved to the community for its great public services, fire and police. Mr. Victorine noted his
34 neighbors both moved to the area because of the great public services and area school district.
35 He stated he is for the Study Group's recommendations and indicated he elected the public
36 figures on the Council to make these tough decisions and asked that they make this decision and
37 not put it out to a public vote.
38
39 Cheryl Hubbard, 3605 37`h Avenue, stated she supported the central location of the fire
40 department. She noted the men and women of the fire department serve the public and they are
41 our homeland defense. Ms. Hubbard indicated she did have a fire in her home and wanted to
42 thank the department for their efforts in saving her home.
43
44 Jim Hoska, 3209 31" Avenue NE,noted he is a volunteer for the fire department. He stated he is
45 familiar with the EMS system and how it works. Mr. Hoska indicated all questions have been
46 answered as to the requirement for 3 fire pumpers to serve the public and keep insurance rates
City Council Regular Meeting Minutes
May 13, 2003
Page 8
1 down. He stated the fee for this project greatly outweighs the expense of not having quality
2 facilities.
3
4 Stan Nelson, 3504 Maplewood Drive, stated he has been a resident for over 40 years. Mr.
5 Nelson noted he toured the fire station and public works facility in February. He noted at the
6 open houses, he questioned the increase of space and as to who set those amounts. Mr. Nelson
7 noted there was no response from Mr. Hartmann at that time. He stated the fire station should not
8 require more than a 40% increase in space. Mr. Nelson indicated his tax increase would be
9 roughly.$200 a year but noted there would also be other tax implications on the residents from
10 the school district, property taxes, real estate taxes, state taxes, etc. due to changes the legislature
11 is making. He indicated the tax implications were not just $200 a year due to the great changes
12 that would be upcoming in State and City government.
13
14 Mayor Hodson thanked the residents for their comments.
15
16 C. Update on Stonehoue Properly by Stacie Kvilvang, Ehlers & Associates, and
17 Authorization to Enter into a Pre-redevelopment Agreement with Amcon Construction.
18 Stacie Kvilvang, Ehlers &Associates, stepped forward to address the Council. Ms. Kvilvang
19 gave a presentation on the Stonehouse property and how the Council acquired that site. She
20 noted this site has a great potential for redevelopment within the Northwest Quadrant. Ms.
21 Kvilvang reviewed a timeline for this property and events that have taken place in the recent
22 future.:
23
24 Ms. Kvilvang noted C-70 has approached the City to purchase this property and redevelop it.
25 She noted Ehlers initiated discussions with potential developers in late 2002 with Amcon
26 presenting redevelopment options to the Council in December of 2002. Ms. Kvilvang indicated
27 if the City were to redevelop the site they would need to invest over$700,000 for parking and
28 infrastructure. She noted this would be a band-aid and would require additional funding in the
29 future. Ms. Kvilvang stated it may not be in the City's best interest to continue with this as the
30 bar needs to be set high with this property as it is at a main intersection within the community.
31
32 Ms. Kvilvang indicated it would be great to get the property back on the tax rolls creating
33 roughly$16,000-25,000 per year. She noted the City is not in the restaurant business and does
34 not know a great deal about it, where it could be better dealt with in the private sector. Ms.
35 Kvilvang stated the profitability would continue to go down as the expenses for the City would
36 continue to increase through insurance, maintenance, etc.
37
38 Ms. Kvilvang stated rehabilitation of the site is not conducive for the current needs out of the
39 site. She indicated the needs of retail tenants are different than those for the restaurant. She noted
40 more would be spent on rehab than if a developer were to start over. Ms. Kvilvang noted the site
41 needs to be updated to meet the needs of current retail delivery standards and refuse removal.
42
43 Ms. Kvilvang indicated profitability is going to be a main concern with this site. She noted there
44 needs to be a clear message in the redevelopment of this site to provide a public liquor store, a
45 restaurant with pull tabs, outdoor eating, a great design for the community. She noted the
46 Amcon proposal has two buildings, one being the restaurant with another building housing the
City Council Regular Meeting Minutes
May 13, 2003
Page 9
1 liquor store and additional retail space. Ms. Kvilvang reviewed possible options for the
2 redevelopment of this site. She noted the Council has several choices:
3
4 1. Sell the Stonehouse property and use the'proceeds for the fire
5 station/public works facilities.
6 2. Have a lease with the developer of the new liquor store
7 3. Own the land and liquor store and lease it back to the developer.
8 4. Deed the land.to the developer with a reduced lease.
9 5. Own the liquor store building and sell the other portion using the
10 proceeds to pay down the fire station or to build the liquor store.
11
12 Ms. Kvilvang noted the preferred options would be to continue to own the property so there is
13 not a continued expense. She stated owning the land and liquor selling the remaining land or
14 deeding it to the developer for additional uses. She indicated expenses for a new liquor store
15 would need to be paid for and should be considered with the decision as to what happens with
16 this land.
17
18 Ms. Kvilvang reviewed an interim location of the liquor store but noted this could be a negative
19 factor for the City. She noted there is asbestos in the current structures. Ms. Kvilvang stated she
20 has spoken with the current liquor store employees to create a new interior layout and stated title
21 work has begun.
22
23 Ms. Kvilvang noted a County easement would need to be obtained from Hennepin County. She
24 stated they are looking to deed that over to the City. The building on the corner may need to be
25 shifted east and south.
26
27 Ms. Kvilvang reviewed a possible time line with the Council if they chose to proceed. She noted
28 the construction timeline would take roughly 5-6 months. She stated there are three key items
29 when considering the site's future: money has to be spent on this site; either band aid the site; or
30 invest and redevelop the site to meet the needs of the City. She encouraged the Council to look
31 at the long-term effects of the liquor store on the City.
32
33 Jim Winkels, Amcon Construction, stepped forward to address the Council. Mr. Winkels stated
34 pull-tabs are not an issue at this restaurant and noted his organization has dealt with
35 municipalities in the past. He noted he understands the cash flows needed to the City with this
36 restructuring. Mr. Winkels noted his organization is ready and waiting to work with the City if
37 they make a decision on this pre-development agreement.
38
39 Mayor Hodson indicated there was a resolution before the Council.
40
41 Motion by Councilmember Thuesen re: Resolution 03-037 to authorize the Mayor and City
42 Manager to enter into a Pre-redevelopment Agreement with Amcon Construction.
43
44 Motion carried unanimously.
45
City Council Regular Meeting Minutes 10
May 13, 2003
Page 10
1 Mayor Hodson thanked the Council for moving forward on this issue. He noted he looks
2 forward to the redevelopment of this site.
3
4 Mayor Hodson called for a five minute recess at 10:06 p.m.
5
6 Mayor Hodson called the meeting to order at 10:15 p.m.
7
8 D. Discuss Renewal of On-Sale Liquor Store Insurance and Consider Resolution 03-035
9 re ardin Cg losing the Stonehouse
10 Dan Crawford, Sunrise Park Insurance Agency, stepped forward to address the Council
11 regarding the Stonehouse. Mr. Crawford noted they went to four different insurance carriers
12 with only one being an option as being the Minnesota Joint Underwriting Association at a rate of
13 $72,075. He noted there was a$48,060 increase over last year. Mr. Crawford noted an interim
14 quote could be sought.
15
16 Councilmember Thuesen asked why so few insurance companies quoted this site. He questioned
17 if the risk was too great. Mr. Crawford indicated this is a cyclical business, where they suffer
18 losses and then increase profits.
19
20 Councilmember Faust asked if this policy could be canceled part way through the year. Mr.
21 Crawford indicated this was the case, as the City could go on a month to month payment
22 schedule.
23
24 Mayor Hodson thanked Roger Larson for his financial recap and stated he would not want
25 to keep the Stonehouse open while it is losing money.
26
27 Motion by Councilmember Faust to adopt Resolution 03-035, re: Closing the Stonehouse Bar
28 and Restaurant.
29
30 Discussion:
31 Councilmember Horst questioned if a month to month payment plan would be feasible. Roger
32 Larson, Finance Director, stated he prepared a graph for Council showing an option to keep it
33 open until September. He indicated this would be an option,but stated the profitability would be
34 uncertain. Mr. Larson stated starting June 1, 2003 the profits would be less than incomes,based
35 on the new insurance rates.
36
37 Councilmember Faust asked how the August timeline ties into this resolution. Mr. Mornson
38 stated this would work well because we have a redevelopment opportunity and would allow for
39 the closing of the off-sale as of May 31, 2003.
40
41 Councilmember Sparks asked if greater notice should be given to the employees at this site. Mr.
42 Mornson noted discussions have been held with the employees at the liquor store and they have
43 been made aware of the possibility of redevelopment.
44
45 Mayor Hodson felt the City should not be in the restaurant business and asked if the resolution
46 could be amended to read June 30, 2003 to allow for flexibility for special summer events.
City Council Regular Meeting Minutes
May 13, 2003
Page 11
1 Councilmember Sparks asked for the average profit through August each year. Mr. Larson noted
2 this is roughly$55,000, if kept open through August 31, 2003. If closed on May 31, profits
3 would be approximately$37,000. He stated if closed in August 31, 2003 would lose $10,000.
4
5 Councilmember Faust stated with the right to reopen for a special event this summer within the
6 motion would be wise and to change the effective date to May 30, 2003.
7
8 Motion by Councilmember Sparks to amend the motion to have the right to reopen the
9 Stonehouse for a special event this summer and to change the effective date to May 30, 2003.
10
11 Motion carried unanimously.
12
13 Motion Thuesen to continue the meeting after 10:30 p.m.
14
15 Motion carried unanimously.
16
17 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
18 None.
19
20 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
21 Mr. Mornson reported that a work session would be held next Tuesday. The City is getting close
22 with Glen Pratt on terms for the Northwest Quadrant Redevelopment. Mr. Mornson stated that
23 on June 24, 2003 there will be a public hearing on the Autumn Woods for a townhome project.
24 He indicated the initial bid for the property is $225,000 with$34,000 in tax base each year.
25
26 Councilmember Horst had no report.
27
28 Councilmember Sparks reported a resident had called Qwest regarding a 10 cent tax fee that has
29 been wrongly paid by our residents. She noted numerous residents are paying the extra tax in the
30 55418 zip code, as they are assumed to be Minneapolis residents paying a higher tax base. She
31 suggested a letter be drafted to Qwest to address this issue. Councilmember Sparks noted
32 Village Fest would be held on August 2, 2003 with the parade on August 1, 2003.
33
34 Councilmember Thuesen reported that he spoke with some of the youth from the Sister City
35 Program to address some of our kids about life in Finland.
36
37 Councilmember Faust reviewed his schedule over the past two weeks and noted the Council has
38 been very busy serving the City and its residents. He reviewed the special events that he has
39 been a part of.
40
41 Mayor Hodson indicated he had three people shadowing him this past month,which was a great
42 success. He noted he attended a school board meeting recently as well. Mayor Hodson stated
43 60-70 residents attended the State of the City. He indicated the Blue Ribbon Task Force has
44 been participating from all areas of the spectrum, business and legislators to articulate what types
45 of services should the City be considering in the NW Quadrant and for the City of St. Anthony.
46 He noted there will be many unique opportunities for the City with this redevelopment.
City Council Regular Meeting Minutes 12
May 13, 2003
Page 12
1 IX. INFORMATION AND ANNOUNCEMENTS.
2 None.
3
4 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
5 None.
6
7 XI. ADJOURNMENT.
8 Motion by Councilmember Faust to adjourn the meeting at 10:42 p.m.
9
10 Motion carried unanimously.
11
12 Respectfully submitted,
13
14
15 Heidi Guenther
16 TimeSaver Off Site Secretarial, Inc.
17
18 Mayor
19 ATTEST:
20 City Clerk
21
13
Saint Anthony Village
DATE: May 27, 2003 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson,License Clerk
ITEM: License and Permits for Approval:
Multiple Dwelling License:
Sandberg Family Partnership/Plaza Apartments/ 3820 Macalaster Drive
Chandler Place/3701 Chandler Drive
Macalaster Manor/3800-3808 Macalaster Drive
Equinox Apartments, 2808 Silver Lane
Heating and Air Conditioning License:
Foremost Mechanical, St. Paul, MN
Heating&Air Conditioning Specialists, Brooklyn Park, MN
General Contractors License:
Asphalt Driveway Company, St. Paul, MN
Zebro Contracting Services, Ham Lake, MN
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/20/2003 08: Check Register GL540R-VO6.54 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
008242 AFFILIATED COMPUTER SERV 20049 05/29/03 1,022.34
007252 ALBRECHT 20050 05/29/03 44.84
008621 ALLIANCE MECHANICAL 20051 05/29/03 1,344.50
008450 ANIMAL CONTROL SERVICES, 20052 05/29/03 134.38
008909 ARCH WIRELESS 20053 05/29/03 21.81
008255 AVAYA, INC. 20054 05/29/03 29.32
007117 B & B SEAT COVER 20055 05/29/03 155.00
000320 BEISSWENGER APPLIANCE 20056 05/29/03 3.82
008555 BIFFS, INC. 20057 05/29/03 547.64
008869 BORGEN RADIATOR 20058 05/29/03 377.15
007253 BRAKE & EQUIPMENT WAREHO 20059 05/29/03 106.64
008904 BUREAU CRIMINAL APPREHEN 20060 05/29/03 180.00
000535 BUREAU OF CRIMINAL APPRE 20061 05/29/03 280.00
002380 CENTERPOINT ENERGY MINNE 20062 05/29/03 37.24
008644 CHAMPPS AMERICANA 20063 05/29/03 95.85
000660 CITY OF COLUMBIA HEIGHTS 20064 05/29/03 633.75
008577 CITY OF ST. PAUL 20065 05/29/03 1,246.07
008955 CITY OF. WHITE BEAR LAKE 20066 05/29/03 125.00
008736 CREATIVE FORMS & CONCEPT 20067 05/29/03 1,113.48
000800 DAVIES WATER EQUIP CO. 20068. 05/29/03 42.66
008465 DETERMAN BROWNIE, INC. 20069 05/29/03 159.33
004110 DICKSON ELECTRIC 20070 05/29/03 1,576.00
007371 DISCOUNT STEEL, INC. 20071 05/29/03 139.10
001411 DON HARSTAD CO. , INC. 20072 05/29/03 95.98
008809 ELAN FINANCIAL SERVICES 20073 05/29/03 303.56
000980 FLEXIBLE PIPE TOOL CO 20074 05/29/03 451.56
008647 FRATTALLONE'S HARDWARE 20075 05/29/03 97.27
001030 G & K SERVICES INC 20076 05/29/03 423.47
001145 GLENWOOD INGLEWOOD 20077 05/29/03 75.27
008709 HALL/SUSAN M.H. 20078 05/29/03 182.60
005121 HARTMAN/JAY 20079 05/29/03 89.00
008944 HENN CNTY INFO TECH DEPT 20080 05/29/03 1,109.54
008376 HENNEPIN CNTY SHERIFF'S 20081 05/29/03 502.42
008252 HOME DEPOT-GECF 20082 05/29/03 115.67
001545 HOOVER WHEEL ALIGNMENT 20083 05/29/03 34.95
008349 JOHN'S SOD 20084 05/29/03 155.10
008680 LARSON ALLEN WEISHAIR & 20085 05/29/03 92.00
008791 LEAH KLUZ DESIGN 20086 05/29/03 1,350.00
002040 LILLIE SUBURBAN NEWSPAPE 20087 05/29/03 19.68
008229 LOFFLER BUSINESS SYSTEMS 20088 05/29/03 369.56
008855 MACRO GROUP, INC. 20089 05/29./03 320.00
00002 MEDIATION CENTER FOR 20090 05/29/03 120.00
007835 METROCALL 20091 05/29/03 23.27
008467 MIDWAY FORD 20092 05/29/03 61.59
002280 MIDWEST ASPHALT CORP 20093 05/29/03, 54.53
007131 MINNESOTA DEPT OF HEALTH 20094 05/29/03 2,976.00
008269 MINNESOTA SHREDDING LLC 20095 05/29/03 54.95
005106 MN CRIME PREVENTION ASSO 20096 05/29/03 220.00
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/20/2003 08: Check Register GL540R-V06.54 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
002395 MTI DISTRIBUTING, INC 20097 05/29/03 572.61
005176 NORTH SUBURBAN COMMUNICA 20098 05/29/03 15,497.84
000045 OFFICE DEPOT 20099 05/29/03 104.12
001230 ONE CALL CONCEPTS, INC. 20100 05/29/03 75.95
008805 PETTY CASH - BREMER BANK 20101 05/29/03 86.96
002860 PFEIFFER/RICHARD 20102 05/29/03 70.00
002900 PLANT + FLANGED EQUIP CO 20103 05/29/03 8.04
004492 QWEST 20104 05/29/03 301.42
008372 QWEST INTEPRISE AMERICA, 20105 05/29/03 49.95
008928 RAK INDUSTRIES 20106 05/29/03 334.12
.00003 REGIONS HOSPITAL 20107 05/29/03 196.00
003100 ROSEDALE CHEVROLET 20108 05/29/03 225.90
008876 S.M. HENTGES & SONS, INC 20109 .05/29/03 64,752.82
003350 SEH-RCM 20110 05/29/03 1,740.99
008199 SIGNATURE CONCEPTS, INC. 20111 05/29/03 324.13
003155 ST ANTHONY FIRE RELIEF A 20112 05129/03 6,000.00
001810 ST. ANTHONY VILLAGE KIWA 20113 05/29/03 66.00
008956 ST. PAUL PIONEER PRESS 20114 05/29/03 398.60
008846 STANTON GROUP 20115 05/29/03 355.59
002420 STAR TRIBUNE 20116 05/29/03 698.00
.00001 STENLAKE/ROBEERT 20117 05/29/03 15.50
003490 STREICHER'S 20118 05/29/03 1,559.95
008757 STS CONSULTANTS LTD 20119 05/29/03 1,976.50
008470 SUN NEWSPAPERS 20120 05/29/03 249.40
002630 SUN TURF 20121 05/29/03 4,103.96
008840 THOMAS WALKER CONSULTUNG 20122 05/29/03 900.00
008907 TOUSLEY FORD 20123 05/29/03 19.74
004481 TWIN CITY JANITOR SUPPLY 20124 05/29/03 76.15
008561 UNITED RENTALS COMPANY 20125 05/29/03 6,105.98
008227 VERIZON WIRELESS, BELLEV 20126 05/29/03 426.06
003700 VIKING INDUSTRIAL CENTER 20127 05/29/03 57.32
004494 WASTE MANAGEMENT - BLAIN 20128 05/29/03 268.49
008919 WINGFOOT COMMERCIAL TIRE 20129 05/29/03 325.89
008273 WSB & ASSOCIATES, INC. 20130 05/29/03 27,192.26
002680 XCEL ENERGY 20131 05/29/03 11,321.41
BREMER BANK NA 165,171.54 ***
e
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/20/2003 . 08: Check Register GL540R-V06.54 .PAGE 3
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 165,171.54
RECORDS PRINTED - 000183
9
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/19/2003 13: Check Register GL540R-V06.54 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
008621 ALLIANCE MECHANICAL 22043 05/28/03 504.50
004293 BELLBOY CORP. 22044 05,/28/03 2,945.05
004042 BUREAU OF ATF 22045 05/28/03 250.00
002380 CENTERPOINT ENERGY MINNE 22046 05/28/03 1,675.80
008814 CITY WIDE WINDOW SERVICE 22047 05/28/03 34.08
004101 COMMERS CONDITIONED WATE 22048 05/28/03 37.91
004110 DICKSON ELECTRIC 22049 05/28/03 80.00
008437 DIRECTV INC 22050 05/28/03 42.59
004120 EAGLE WINE CO 22051 05/28/03 2,290.88
004130 ECOLAB 22052 05/28/03 149.05
004135 ELECTRO WATCHMAN INC 22053 05/28/03 447.30
004172 GRAPE BEGINNINGS, INC. 22054 05/28/03 591.00
004175 GRIGGS COOPER 6 CO INC 22055 05/28/03 10,764.99
004201 HEGGIES PIZZA 22056 05/28/03 183.45
008882 JANITORS CLEANING SERVIC 22057 05/28/03 3,339.84
004220 JOHNSON BROTHERS LIQUOR 22058 05/28/03 54,275.18
004299 MPLS. OXYGEN CO. 22059 05/28/0.3 10.22
008883 NEW FRANCE WINE COMPANY 22060 05/28/03 97.00
004334 NORTHEASTER 22061 05/28/03 186.15
004339 NTN COMMUNICATIONS INC 22062 05/28/03 488.49
000045 OFFICE DEPOT 22063 05/28/03 101.79
004354 PAUSTIS 4 SONS 22064 05/28/03 1,934.61
004360 PHILLIPS WINE & SPIRITS 22065 05/28/03 52,257.48
004361 PINNACLE DIST. 22066 05/28/03 5,497.82
004376 PRIOR WINE CO 22067 05/28/03 3,566.91
004385 QUALITY WINE CO 22068 05/28/03 17,420.63
008219 QWEST DER 22069 05/28/03 582.80
008597 R.D. HANSON ASSOC., INC. 22070 05/28/03 126.75
008701 REGISTER TAPE NETWORK 2207105/28/03 500.00 .
008846 STANTON GROUP 22072 05/28/03 44.46'
008470 SUN NEWSPAPERS 22073 05/28/03 435.00
004475 TRI TECH DISPENSING 22074 05/28/03 85.00
004480 TWIN CITY FILTER SERVICE 22075 05/28/03 119.07
008507 US FOODSERVICE 22076 05/28/03 1,630.57
004494 WASTE MANAGEMENT - BLAIN 22077 05/28/03 346.42
008316 WINE COMPANY/THE 22078 05/28/03 258.70
008310 WINE MERCHANTS INC 22079 05/28/03 1,082.78
002680 XCEL ENERGY 22080 05/28/03 1,178.38
LIQUOR CHECKING ACCOUNT - 165,562.65 **•
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 03 - 036
A RESOLUTION REGARDING WAIVER ON TORT
LIABILITY LIMITS FOR LMCIT INSURANCE PROGRAM
WHEREAS, the City Council of the City of St. Anthony approved participation in the League
of Minnesota Cities Insurance Trust(LMCIT) insurance program for the year
2003; and
WHEREAS, the City has elected to purchase liability coverage in the amount of$1,000,000,
which is the statutory limits on tort liability as set forth in MN Statutes 466.04.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves waiving of the monetary limits on tort liability established by MN Statute
466.04 to the extent of the limits of the liability coverage obtained from LMCIT for the policy
period of June 1, 2003 to May 31, 2004.
BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony hereby approves
the renewal of municipal off-sale liquor insurance in the amount of$161,913.00.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
19
MEMORANDUM
DATE: May 15, 2003
TO: Mike Mornson, City Manager
FROM: Roger Larson,Finance Director
ITEM: LEAGUE OF MN CITIES INSURANCE RENEWAL
The attached information includes price quotations for property, auto, general liability, and workers'
compensation. The cost for maintaining our present coverage of$10,000 deductible and $50,000
aggregate through the League of Minnesota Cities totals $152,013.
This amount represents an increase in premiums of $7,305. Basically the cost for insurance
remained stable with the exception of the renewal of our property coverage. The increase is
comprised of two components:
1) Due to the high amount of claims for property damage throughout the county,
insurance carriers have across the board increase premiums(10%).
2) With the redevelopment of our park system, a significant amount of "property in
the open"was added to the policy. Some examples would be the new building at
Central Park and the lights for the ball fields.
Workers' compensation costs continue to be a concern for all Minnesota businesses. St. Anthony's
premium for work-comp remained stable because there was little change to our experience
modification,which directly relates to the cost of workers compensation insurance.
In addition, to help rehabilitate employees in a timely manner, St. Anthony has in place a Managed
Care Plan where employees who are injured on the job are assigned to a specific clinic for
rehabilitation of their injury. This results in a 3% reduction in workers' comp premiums and assists
the employee with developing a medical plan and treatment schedule.
As in previous years,no other insurance companies chose to compete with the League of Minnesota
Cities Insurance Trust.
Recommendation*
Staff recommends Council pass Resolution #03-036 waiving statutory limits of tort liability
and approve municipal & off-sale liquor insurance coverage totaling$161,913.
20
Insurance Renewal:
Increase
2002/03 2002/03 (Decieask)
Property $ 99285 $ 169632 $ 79347
Inland Marine $ 29594 $ 29928 $ 334
Boiler/Machinery $ 19874 $ 19979 $ 105
Fidelity $ 808 $ 792 ($ 16)
Automobile $ 169123 $ 159903 ($ 220)
General/Liability $ 41,232 $ 40,488 ($ 744)
No Fault/Sewer Backup $ 39502 $ 39620 $ 118
Open Meeting Law $ 756 $ 743 ($ 13)
Volunteers $ 19161 $ 19161 $ - 0 -
Workers' Comp % 670373 S 67 1, $ 394
TOTAL LMCIT $1449708 $1529013 $ 79305
Liquor Liability — Off Sale $ 129509 $ 99900 ($ 29609)
($4,950.00 Per Store)
TOTAL COSTS $1579217 $1619913 $ 49696
21
Liquor Off-Sale Quotes: (Combined Quote for SAV I & SAV II)
League of Minnesota Cities $ 99900.00
Minnesota Joint Underwriters $259200.00
Scottsdale $329400.00
Others:
Lexington — Declined to Quote
United States Liability Insurance — Declined to Quote
General Star Indemnity - No Longer Writing in Minnesota
22
CITY OF ST.ANTHONY,MINNESOTA
ORDINANCE RELATING TO THE REGULATION OF PAWNBROKERS;
ADDING SECTION 566 TO THE ST.ANTHONY CITY CODE
ORDINANCE NO. 2003-003
Section 566—Pawnbrokers
The City Council of the City of St.Anthony hereby ordains:
566.01. Findings and Purpose Statement.
A. Findings. The City Council makes the following findings regarding the need to
regulate pawnbrokers operating with the City:
(1) Pawnbrokers provide an opportunity for the commission of.crime and the
concealment of crime, because pawnshops have the ability to receive and
transfer stolen property easily and quickly; and
(2) The pawn industry has outgrown the City's current ability to effectively and
efficiently identify criminal activity related to pawnbrokers and pawn
businesses. The adoption of an Automated Pawn System (APS)will allow
law enforcement officials to timely collect and share pawn transaction
information more efficiently; and
(3) Consumer protection regulation of pawn transactions is warranted in light
of the potential for abuse.
B. Purpose Statement. The City Council enacts this Section of the City Code in
order to further the following objectives:
(1) The prevention of pawnshops from being used as facilities for the
commission of crime; and
(2) The identification of criminal activities through timely collection and
sharing of pawn transaction information; and
(3) The promulgation of consumer protection standards to be adhered to by
the pawn industry; and
(4) The protection of the public health, safety, and general welfare of the
citizens of the City.
3
566.02. Definitions.
The following words and terms when used in this Section shall have the following meanings
unless the context clearly indicates otherwise:
ACCEPTABLE Acceptable forms of identification are a current valid Minnesota
IDENTIFICATION: driver's license, a current valid Minnesota identification card, or a
current valid photo driver's license or identification card issued by
another state or province of Canada.
BILLABLE Every reportable transaction conducted by a pawnbroker, except
TRANSACTIONS: renewals,redemptions, extensions or confiscations of items
previously reported and continuously in the licensee's possession is a
billable transaction.
Any fee for billable transactions shall reflect the cost of processing
transactions and other related regulatory expenses as determined by
the City Council pursuant to Section 566.09.
CITY: The City of St. Anthony,Minnesota.
CONSIGNMENT: A written agreement between a licensee and a seller that enables
the licensee to take temporary possession of secondhand property,
owned by the seller, for the purpose of offering it for sale to the
public.An agreement shall state the terms under which the seller
will be compensated, and the amount of that compensation.
LICENSEE: The person, corporation,partnership, or association to whom a
license is issued under this Section,including any agents or
employees of the person,corporation,partnership,or association.
MINOR: Any natural person under the age of eighteen(18)years.
PAWNBROKER: Any natural person,partnership or corporation, either as principal, or
agent or employee thereof,who loans money on deposit or pledge of
personal property, or other valuable thing, or who deals in the
purchasing of personal property, or other valuable thing on condition
of selling the same back again at a stipulated price, or who loans
money secured by chattel mortgage on personal property, taking
possession of the property or any part thereof so mortgaged. To the
extent that a pawnbroker's business includes buying personal
property previously used,rented or leased,or selling it on
consignment,the provisions of this Section shall be applicable. Any
bank, savings and loan association,or credit union shall not be
deemed a pawnbroker for purposes of this Section.
2
24
PAWNSHOP: Any business or establishment used or operated by a pawnbroker.
PERSON: Any one or more natural persons; a partnership, including a limited
partnership; a corporation,including a foreign, domestic,or nonprofit
corporation; a trust; a political subdivision of the state; or any other
business organization.
REPORTABLE Every transaction conducted by a pawnbroker in which merchandise
TRANSACTION: is received through a pawn,purchase, consignment or trade,or in
which a pawn is renewed, extended,redeemed or voided, or for
which a unique transaction number or identifier is generated by their
point of sale software, or when an item is confiscated by a law
enforcement agency, is a reportable transaction except:
(a) The bulk purchase or consignment of new or used
merchandise from a merchant,manufacturer,or wholesaler
having an established permanent place of business, and the
retail sale of said merchandise,provided the pawnbroker
must maintain a record of such purchase or consignment
which describes each item, and must mark each item in a
manner which relates it to that transaction record.
(b) Retail and wholesale sales of merchandise originally received
by pawn or purchase, and for which all applicable hold
and/or redemption periods have expired.
UNIQUE IDENT]FIER: A serial number, identification number, model number, owner
applied identifier or engraving, "Operation Identification" number
or symbol, or other unique marking.
566.03. License Required.
No person shall exercise, carry-on, or be engaged in the trade or business of pawnbroker
within the City unless such person is currently licensed under this Section.
566.04. Application Content.
In addition to any information that may be required by the County pursuant to Minnesota
Statutes, Section 471.924, every application for a license under this Section shall be made on a form
supplied by the City and shall contain the following information:
A. If the applicant is a natural person:
(1) The name,place, and date of birth, street resident address, and telephone
number of the applicant;
3
25
(2) Whether the applicant is a citizen of the United States or a resident alien;
(3) Whether the applicant has ever used or has been known by a name other than . .
the applicant's name, and if so,the name or names used and information
concerning dates and places where used;
(4) The name of the business if it is to be conducted under a designation,name,
or style other than the name of the applicant and a certified copy of the
certificate as required by Minnesota Statutes, Section 333.01;
(5) The street addresses at which the applicant has lived during the preceding
five(5) years;
(6) The type,name, and location of every business or occupation in which the
applicant has been engaged during the preceding five(5) years and the
name(s)and address(es)of the applicant's employer(s) and partner(s),if any,
for the preceding five(5)years;
(7) Whether the applicant has ever been convicted of a felony, crime, or
violation of any ordinance other than a traffic ordinance. If so, the applicant
shall furnish information as to the time,place, and offense for which
convictions were had;
(8) The physical description of the applicant;
(9) If the applicant is married:
(a) The name,place, and date of birth, and street address of the
applicant's current spouse;
(b) The type,name, and location of every business or occupation in
which the applicant's current spouse has been engaged during the
preceding five(5)years;
(c) The names and addresses of the employers or partners of the
applicant's current spouse for the preceding five(5)years;
(d) Whether the applicant's current spouse has ever been convicted of
any felony, crime, or violation of any ordinance other than a traffic
ordinance. If so, the applicant shall furnish information as to the
time,place, and offense for which convictions were had.
4
26
B. If the applicant is a partnership:
(1) The name(s) and address(es) of all general and limited partners and all
information concerning each general partner required in subpart(A)of this
subsection;
(2) The name(s)of managing partner(s) and the interest of each partner in the
pawnbroker business;
(3) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, Section 333.01, a certified copy of
such certificate shall be attached to the application.
C. If the applicant is a corporation or other organization:
(1) The name of the corporation or business form, and if incorporated,the state
of incorporation;
(2) A true copy of the Certificate of Incorporation,Articles of Incorporation,or
Association Agreement, and By-laws shall be attached to the application. If
the applicant is a foreign corporation, a Certificate of Authority as required
by Minnesota Statutes, Section 303.06, shall be attached;
(3) The name of the manager(s),proprietor(s), or other agent(s)in charge of the
business and all information concerning each manager,proprietor,or agent
required in subpart(A)of this subsection;
(4) A list of all persons who control or own an interest in excess of five percent
(5%)in such organization or business form or who are officers of the
corporation or business form and all information concerning said persons
required in subpart(A) above.
D. For all applicants:
(1) Whether the applicant holds a current pawnbroker license from any other
governmental unit and whether the applicant is licensed under Minnesota
Statutes, Section 471.924;
(2) Whether the applicant has previously been denied or had revoked or
suspended, a pawnbroker license from this or any other governmental unit;
(3) The names, street resident addresses,business addresses and telephone
numbers of three(3)individuals who are of good moral character and who
are not related to the applicant or not holding any ownership in the premises
5
27
or business,who may be referred to as to the applicant's and or manager's
character;
(4) The location of the business premises;
(5) The legal description of the premises to be licensed;
(6) The location at which the applicant's business records are maintained;
(7) If the applicant does not own the licensed premises, a true and complete
copy of the executed lease;
(8) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid,the years and
amounts that are unpaid;
(9) Whenever the application is for premises either planned or under
construction or undergoing substantial alteration,the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans or design are on file with the
City Building/Inspections Department, no plans need be submitted with the
application;
(10) The applicants hours of operation, on-site management and parking
facilities;
(11) An executed data practices advisory and consent form authorizing the release
of criminal history information;
(12) Such other information as the City Council may require.
E. Manager/New Manager. When a dealer places a manager in charge of a business,
or if the named manager(s) in charge of a licensed business changes, the dealer must complete
and submit the appropriate application prior to the effective date or the change. The manager
shall be subject to the investigation required by this Section, and to the investigation fee required
by Section 615, which shall be paid in advance.
The designation of a new manager shall not cause the license to become invalid before a
decision is rendered,provided proper notice and application are made by the applicant. A proposed
new manager shall be referred to as the interim manager. In the event an interim manager is
rejected,the licensee shall designate another interim manager and make the required application
within fifteen(15) days of the decision. If a proposed manager is rejected,the decision may be
appealed to the City Council by filing a written notice of appeal with the City Clerk within ten (10)
days after being notified of the rejection.
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566.05. Application Execution.
All applications for a license under this Section shall be signed and swom to. If the
application is that of a natural person,it shall be signed and sworn to by such person; if that of a
corporation,by an officer thereof, if that of a partnership,by one of the general partners; and if that
of an unincorporated association,by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
566.06. Application Verification.
All applications shall be referred to the Police Department for verification and investigation
of the facts set forth in the application. Within sixty(60) days after receipt of a complete
application, the Police Department shall make a written report and recommendation to the City
Council as to issuance or non-issuance of the license. The City Council may order and conduct
such additional investigation as it deems necessary. If additional investigation is necessary, the
applicant shall pay the City the cost of the additional investigation. The license shall not be issued
until any additional investigation costs are paid.
566.07. Application Consideration.
A. The City Council shall conduct a hearing on the license application within thirty(30)
days following receipt of the Police Department's report and recommendation regarding the
application. At least ten(10) days in advance of the City Council hearing on an application,the
City shall cause notice of the hearing to be published in the official newspaper of the City, setting
forth the day, time,and place of the hearing;the name of the applicant; the premises where the
business is to be conducted; and the type of license which is sought. The hearing shall also be
preceded by ten(10)days mailed notice to all owners of property located within five hundred(500)
feet of the boundaries of the property where the business is to be conducted. At the hearing,
opportunity shall be given to any person to be heard for or against the granting of the license.
Additional hearings on the application may be held if the City Council deems additional hearings
necessary. After the hearing or hearings on the application, the City Council may, in its discretion,
grant or deny the application within thirty(30)days after the close of the hearing..
B. If an application is granted for a location where a building is under construction or
not ready for occupancy,the license shall not be delivered to the licensee until a certificate of
occupancy has been issued for the licensed premises.
566.08. Renewal Application.
A. All licenses issued under this Section shall be effective from the date of approval by
the City Council. All licenses expire at midnight on December 31 of each year. An application for
the renewal of an existing license shall be made prior to the expiration date of the license and shall
be made in such form as the City requires. The application shall state that the information in the
prior application remains true and correct, except as otherwise indicated. If, in the judgment of the
City Council, good and sufficient cause is shown by the applicant for the applicant's failure to
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submit a renewal application before the expiration of the existing license,the City Council may, if
the other provisions of this Section are complied with, grant the renewal application.
B. A license under this Section may not be renewed:
(1) If the City Council determines that the licensee has failed to comply with the
provisions of this Section in preceding license years; or
(2) If the licensee or, if the licensee does not manage the establishment,the
manager of the licensed premises is not a resident of Minnesota on the date
the renewal takes effect; or
(3) If in the case of a partnership, the managing partner or other person who
manages the establishment is not a resident of Minnesota on the date the
renewal takes effect; or
(4) If in the case of a corporation, or other organization,the manager, a
proprietor, or agent in charge of the establishment is not a resident of
Minnesota on the date the renewal takes effect; or
The time for establishing residence in Minnesota may for good cause be extended by
the City Council.
566.09. Fees.
A. Investigation Fee. An applicant for any license under this Section shall pay the City
in advance at the time an original application is submitted, a nonrefundable investigation fee to
cover the costs involved in verifying the license application and to cover the expense of any
investigation needed to assure compliance with this Section. The investigation fee is set forth in
Section 615.
B. License Fee.
(1) The annual license fee is set forth in Section 615. The license fee shall be
paid annually, to be determined pro-rata from the date of issuance of the
license.
(2) The annual license fee shall be paid in full before the license is effective.
(3) When the license is for premises where the building is not ready for
occupancy,the time fixed for computation of the license fee for the initial
license period shall be ninety(90)days after approval of the license by the
City Council or upon the date the building is ready for occupancy,whichever
is sooner.
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(4) When a new license application is submitted as a result of incorporation by
an existing licensee and the ownership,control, and interest in the license are
unchanged,no additional fee shall be required.
C. Billable Transaction Fees: Licensees shall pay a monthly transaction fee on all
billable transactions. Such fee shall be due and payable within thirty(30)days. Failure to timely
pay the billable transaction fee shall constitute a violation of this Section. The billable transaction
license fee shall reflect the cost of processing transactions and other related regulatory expenses as
determined by the City Council, and shall be reviewed and adjusted, if necessary, every six (6)
months. Licensees shall be notified in writing thirty(30) days before any adjustment is
implemented. The initial billable transaction fee for billable transaction shall be one dollar seventy
five cents ($1.75)per electronic transaction,regardless of the number of items in that transaction,
and$2.75 per manual transaction.
566.10. Bond Required.
At the time of filing an application for a license, the applicant shall file a bond in the
amount of Five Thousand Dollars ($5,000.00) with the City. The bond, with a duly licensed
surety company as surety thereon, must be approved as to form by the City Attorney. The bond
must be conditioned that the licensee shall observe all ordinances of the City and all laws in
regulation to the business of pawnbroker, and that the licensee will account for and deliver to any
person legally entitled thereto any articles which may have come into the possession of the
licensee as pawnbroker, or in lieu thereof such licensee shall pay the person or persons the
reasonable value thereof. The bond shall contain a provision that it may not be cancelled without
thirty(30) days advance written notice to the licensing authority.
566.11. Persons Ineligible for a License.
if: A. No license under this Section shall be issued to an applicant who is a natural person
(1) The applicant is a minor at the time the application is filed; or
(2) The applicant has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes, Section 364.03,
subdivision 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as
prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code;or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
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(6) The applicant has.failed to comply with one or more provisions of this
Section; or
(7) The applicant is not a citizen of the United States or a resident alien, or upon
whom it is impractical or impossible to conduct a background or financial
investigation due to the unavailability of information; or
(8) The applicant has committed fraud,misrepresentation, or bribery in securing
a license; or
(9) The applicant has committed fraud,misrepresentation or made false
statements in the application and investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety,of the public; or
(11) The applicant has violated within the preceding five(5)years, of any law
relating to theft, damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. No license under this Section shall be issued to an applicant that is a partnership if:
(1) Any general partner or managing partner of such applicant is a minor at the
time the application is filed; or
(2) Any general partner or managing partner of such applicant has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any general partner or managing partner of such applicant is not a citizen of
the United States or a resident alien,or upon whom it is impractical or
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impossible to conduct a background or financial investigation due to the
unavailability of information; or
(8) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation,or bribery in securing a license; or
(9) Any general partner or managing partner of such applicant has committed
fraud, misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) Any general partner or managing partner of such applicant has violated
within the preceding five(5) years,of any law relating to theft, damage or
trespass to property, sale of a controlled substance,or operation of a
business.
C. No license under this Section shall be issued to an applicant that is a corporation or
other organization if:
(1) Any manager,proprietor,or agent in charge of the business to be licensed
is a minor at the time the application is filed;or
(2) Any manager,proprietor,or agent in charge of the business has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any manager,proprietor,or agent in charge of the business is not a citizen of
the United States or a resident alien, or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
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(8) Any manager,proprietor,or agent in charge of the business has committed
fraud,misrepresentation,or bribery in securing a license; or
(9) Any manager,proprietor,or agent in charge of the business has committed
fraud,misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) Any manager, proprietor,or agent in charge of the business has violated
within the preceding five(5) years,of any law relating to theft,damage or
trespass to property, sale of a controlled substance, or operation of a
business.
566.12. General License Restrictions.
A. Records Required. At the time of any reportable transaction other than renewals,
extensions or redemptions, every licensee must immediately record in English the following
information by using ink or other indelible medium on forms or in a computerized.record
approved by the Police Department:
(1) A complete and accurate description of each item including,but not
limited to, any trademark, identification number, serial number,model
number, brand name, or other identifying mark on such an item.
(2) The purchase price, amount of money loaned upon, or pledged therefor.
(3) The maturity date of the transaction and the amount due, including
monthly and annual interest rates and all pawn fees and charges.
(4) Date, time and place the item of property was received by the licensee,
alid the unique alpha and/or numeric transaction identifier that
distinguishes it from all other transactions in the licensee's records.
Transaction identifiers must be consecutively numbered.
(5) Full name, current residence address, current residence telephone number,
date of birth and accurate description of the person from whom the item of
the property was received, including: sex, height, weight, race, color of
eyes and color of hair.
(6) The identification number and state of issue from an acceptable form of
identification.
(7) The signature of the person identified in the transaction.
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(8) The licensee must also take a color photograph or color video recording
of:
(a) Each customer involved in a billable transaction.
(b) Every item pawned or sold that does not have a unique serial or
identification number permanently engraved or affixed.
If a photograph is taken, it must be at least two (2) inches in length
by two (2) inches in width and must be maintained in such a
manner that the photograph can be readily matched and correlated
with all other records of the transaction to which they relate. Such
photographs must be available to the Chief of Police, or the chiefs
designee, upon request. The major portion of the photograph must
include an identifiable front facial close-up of the person who
pawned or sold the item. Items photographed must be accurately
depicted. The licensee must inform the person that he or she is
being photographed by displaying a sign of sufficient size in a
conspicuous place in the premises. If a video photograph is taken,
the video camera must zoom in on the person pawning or selling
the item so as to include an identifiable close-up of that person's
face. Items photographed by video must be accurately depicted.
Video photographs must be electronically referenced by time and
date so they can be readily matched and correlated with all other
records of the transaction to which they relate. The licensee must
inform the person that he or she is being videotaped orally and by
displaying a sign of sufficient size in a conspicuous place on the
premises. The licensee must keep the exposed videotape for three
(3)months, and furriish it to the Police Department upon request.
(9) Digitized photographs. Effective sixty(60) days from the date of
notification by the Police Department licensees must fulfill the color
photograph requirements in subsection 566.12(A)(8)by submitting them
as digital images, in a format specified by the City, electronically cross-
referenced to the reportable transaction they are associated with.
Notwithstanding the digital images may be captured from required video
recordings, this provision does not altar or amend the requirements in
subsection 566.12(A)(8).
(10) Renewals, extensions and redemptions. For renewals, extensions and
redemptions, the licensee shall provide the original transaction identifier,
the date of the current transaction, and the type of transaction.
B. Disposition of Articles.
(1) When an article of pawned or pledged property is redeemed from a
licensee, the records shall contain an account of such redemption with the
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date, interest charges accrued, and the total amount for which the article
was redeemed.
(2) When an article of purchased or forfeited property is sold or disposed of
by a licensee and the licensee receives One Hundred Dollars ($100.00) or
more in the payment thereof, the records shall contain an account of such
sale with the date, the amount for which the article was sold, and the full
name, current address, and telephone number of the person to whom sold.
C. Inspection of Records. The records must at all reasonable times-be open to
inspection by the Police Department. Data entries shall be retained for at least three (3) years
from the date of transaction. Entries of required digital images shall be retained a minimum of
one hundred twenty(120) days.
D. Daily Reports to Police. Licensees must submit every reportable transaction to
the Police Department daily in the following manner:
(1) Licensees must provide to the Police Department all information required
in Section 566.12(A)(1) through (6) and other required information, by
transferring it from their computer to the Automated Pawn System via
modem. All required records must be transmitted completely and
accurately after the close of business each day in accordance with
standards and procedures established by the City using procedures that
address security concerns of the licensees and the City. The licensee must
display a sign of sufficient size, in a conspicuous place in the premises,
which informs all patrons that all transactions are reported to the Police
Department daily.
(2) Billable Transaction Fees. Licensees will be charged for each billable
transaction reported to the Police Department.
(3) If a licensee is unable to successfully transfer the required reports by
modem, the licensee must provide the Police Department printed copies of
all reportable transactions along with the video tape(s) for that date,by
12:00 noon the next business day;
(4) If the problem is determined to be in the licensee's system and is not
corrected by the close of the first business day following the failure, the
licensee must provide the required reports as detailed in Section
566.12(D)(3), and must be charged a fifty dollar($50.00) reporting failure
penalty, daily, until the error is corrected; or
(5) If the problem is determined to be outside the licensee's system, the
licensee must provide the required reports in Section 566.12(D)(3), and
resubmit all such transaction via modem when the error is corrected.
(6) If a licensee is unable to capture, digitize or transmit the photographs
required in Section 566.12(A)(9), the licensee must immediately take all
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required photographs with a still camera, cross-reference the photographs
to the correct transaction, and make the pictures available to the Police
Department upon request.
(7) Regardless of the cause or origin of the technical problems that prevented
the licensee from uploading their reportable transactions, upon correction
of the problem, the licensee shall upload every reportable transaction from
every business day the problem had existed.
(8) Section 566.12(D)(3) through(5) notwithstanding, the Police Department
may, upon presentation of extenuating circumstances, delay the
implementation of the daily reporting penalty.
E. Receipt Required. Every licensee must provide a receipt to the party identified in
every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The
receipt must include at least the following information:
(1) The name, address and telephone number of the licensed business.
(2) The date and time the item was received by the licensee.
(3) Whether the item was pawned or sold, or the nature of the transaction.
(4) An accurate description of each item received including, but not limited
to, any trademark, identification number, serial number, model number,
brand name, or other identifying mark on such an item.
(5) The signature or unique identifier of the licensee or employee that
conducted the transaction.
(6) The amount advanced or paid.
(7) The monthly and annual interest rates, including all pawn fees and
charges.
(8) The last regular day of business by which the item must be redeemed by
the pledgor without risk that the item will be sold, and the amount
necessary to redeem the pawned item on that date.
(9) The full name, current residence address, current residence telephone
number, and date of birth of the pledgor or seller.
(10) The identification number and state of issue from an acceptable form of
identification.
(11) Description of the pledgor or seller including approximate sex, height,
weight, race, color of eyes and color of hair.
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(12) The signature of the pledgor or seller.
(13) All printed statements as required by Minnesota Statutes, Section 325J.04,
subdivision 2, or any other applicable statutes.
F. Redemption Period. Any person pledging, pawning or depositing an item for
security must have a minimum of one hundred twenty(120)days from the date of that
transaction to redeem the item before it may be forfeited and sold. During the ninety(90) day
holding period, items may not be removed from the licensed location except as provided in
Section 566.14(A). Licensees are prohibited from redeeming any item to anyone other than the
person to whom the receipt was issued or, to any person identified in a written and notarized
authorization to redeem the property identified in the receipt, or to a person identified in writing
by the pledgor at the time of the initial transaction and signed by the pledgor, or with approval of
the police license inspector. Written authorization for release of property to persons other than
original pledgor must be maintained along with original transaction record in accordance with
Section 566. 12(A)(10).
G. Holding Period. Any item purchased or accepted in trade by a licensee must not
be sold or otherwise transferred for thirty(30) days from the date of the transaction. An
individual may redeem an item seventy-two (72) hours after the item was received on deposit,
excluding Sundays and legal holidays.
H. Police Order to Hold Property.
(1) Investigative Hold. Whenever the Chief of Police or the Chief s
designee notifies a licensee not to sell an item, the item must not be sold or
removed from the premises. The investigative hold shall be confirmed in
writing by the Police Department within seventy-two (72) hours and will
remain in effect for fifteen (15) days from the date of initial notification,
or until the investigative order is canceled, or until an order to
hold/confiscate is issued, pursuant to Section 566.12(H)(2), whichever
comes first.
(2) Order to Hold. Whenever the Chief of Police, or the chiefs designee,
notifies a licensee not to sell an item, the item must not be sold or removed
from the licensed premises until authorized to be released by the chief or
the chiefs designee. The order to hold shall expire ninety(90) days from
the date it is placed unless the Chief of Police or the chiefs designee
determines the hold is still necessary and notifies the licensee in writing.
(3) Order to Confiscate. If an item is identified as stolen or evidence in a
criminal case, the chief or chiefs designee may:
(a) Physically confiscate and remove it from the shop, pursuant to a
written order from the chief or the chiefs designee; or
(b) Place the item on hold or extend the hold as provided in Section
566.12(H)(2), and leave it in the shop.
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When an item is confiscated, the person doing so shall provide
identification upon request of the licensee, and shall provide the
licensee the name and phone number of the confiscating agency
and investigator, and the case number related to the confiscation.
When an order to hold/confiscate is no longer necessary, the Chief
of Police, or chiefs designee shall so notify the licensee.
I. Inspection of Items.
(1) At all times during the terms of the license, the licensee must allow law
enforcement officials to enter the premises where the licensed business is
located, including all off-site storage facilities as authorized in Section
566.12(0), during normal business hours, except in an emergency, for the
purpose of inspecting such premises and inspecting the items, ware and
merchandise and records therein to verify compliance with this Section or
other applicable laws.
(2) All merchandise received by a pawnbroker, shall be subject to
examination, during normal business hours, by any person claiming to
have had any interest therein, when such person is accompanied by a
police officer
J. Pawning of Motor Vehicle Titles.
(1) In addition to the other requirements of state law, a pawnbroker who holds
a title to a motor vehicle as part of a pawn transaction shall, pursuant to
Minnesota Statutes, Section 325J.095:
(a) be licensed as a used motor vehicle dealer under Minnesota
Statutes, Section 168.27, and post such license on the pawnshop
premises;
(b) verify that there are no liens or encumbrances against the motor
vehicle with the department of public safety;
(c) verify that the pledgor has automobile insurance on the motor
vehicle as required by law.
(d) A pawnbroker may not sell a motor vehicle covered by a pawn
transaction until ninety(90) days after recovery of the motor
vehicle.
(2) A pawn transaction that involves holding only the title to property is
subject to Minnesota Statutes, Chapter 168A or 336.
K. Label Required. Licensees must attach a label to every item at the time it is
pawned, purchased or received in inventory from any reportable transaction. Permanently
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recorded on this label must be the number or name that identifies the transaction in the shop's
records, the transaction date, the name of the item and the description or the model and serial
number of the item as reported to the Police Department, whichever is applicable, and the date
the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.
L. Firearms and Weapons. A pawnbroker shall not receive, display or sell any
merchandise through a pawn, purchase, or consignment or trade consisting of a revolver, pistol,
shotgun, automatic rifle, semiautomatic military-style assault weapon(as defined by Minnesota
Statutes, Section 624.712), switchblade knife, or other similar weapons or firearms.
M.._ Risk of Loss. In the event pledged goods are lost or damaged while in possession
of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement of
goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of
compensation shall be a defense to any prosecution or civil action.
N. License Display. A license issued under this Section must be posted in a
conspicuous place in the premises for which it is used. The license issued is only effective for
the compact and contiguous space specified in the approved license application.
O. Responsibility of Licensee. A licensee under this Section shall be responsible for
the conduct of the business being operated and shall maintain conditions of order. The conduct of
agents or employees of a licensee, engaged in performance of duties for the licensee, shall be
deemed the conduct of the licensee.
P. Gambling. No licensee under this Section may keep,possess, or operate,or permit
the keeping,possession,or operation on the licensed premises of dice, slot machines,roulette
wheels,punchboards,blackjack tables, or pinball machines which return coins or slugs, chips,or
tokens of any kind,which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes, Chapter 349,may be kept or operated and no raffles may be
conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may
take place on the licensed premises as authorized by the director of the lottery pursuant to
Minnesota Statutes, Chapter 349A.
Q. Penalty for Property Owner. It is unlawful for any person who owns or controls
real property to knowingly permit it to be used for pawn brokering without a license.
R. Premises. All property deposited, left,pledged,pawned, or held for sale must be
stored in an enclosed facility and may not be stored outside of the premises. The City may,
however,permit the licensee to designate one(1) off-premises locked and secured facility in which
the licensee may store only cars, boats, and other motorized vehicles. The licensee shall permit
immediate inspection of the facility at any time during business hours by the City. All provisions in
this Sectiori regarding record keeping and reporting shall apply to oversized items. All property
shall be stored in compliance with zoning and/or fire regulations and in an orderly manner. The
premises shall also be equipped with an operational security alarm.
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566.13. Restricted Transactions.
A. Hours of Operation. No pawnbroker shall keep the pawnbroker business open for
the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
B. Minors. A pawnbroker shall not purchase or receive personal property on deposit
or pledge from any minor.
C. Incompetent Persons. A pawnbroker shall not purchase or receive personal property
on deposit or pledge from any incompetent person.
D. Prohibited Goods. No licensee under this Section shall accept any item of property
which contains an altered or obliterated serial number or"Operation Identification" number or any
item of property whose serial number has been removed.
E. Security Interest. No licensee nor any agent or employee of a licensee shall
purchase, accept,or receive any article of property knowing, or having reason to know, that the
article of property is encumbered by a security interest. For the purpose of this Section, "security
interest"means an interest in property which secures payment or other performance of an
obligation.
F. True Owner. No licensee nor any agent or employee of a licensee shall purchase,
accept, or receive any article of property, from any person,knowing, or having reason to know,that
said person is not the true and correct owner of the property.
G. Proper Identification. No licensee nor any agent or employee of a licensee shall
purchase, accept,or receive any article of property, from any person, without first having examined
an acceptable form of identification.
H. Pa iry i ent by Check. Payment of more than Two Hundred Fifty Dollars($250.00)by
a licensee for any article deposited, left,purchased,pledged or pawned shall be made only by a
check, draft, or other negotiable or non-negotiable instrument which is drawn against funds held by
a financial institution. This policy must be posted in a conspicuous place in the premises.
I. Restrictions on Sale. A pawnbroker shall suspend for one(1)year,any business
transaction with any person who has sold and/or forfeited on six (6)previous occasions articles for
which the person received$50.00 or more per transaction within a single six(6)month period.
566.14. Inspection by Police.
A. . Premises. Any licensee shall, at all times during the term of the license, allow the
Police Department to enter the premises, where the licensee is carrying on business, including all
off-site storage facilities as authorized in Section 566.12)(R),during normal business hours, except
in an emergency, for the purpose of inspecting such premises and inspecting the articles and records
therein to locate goods suspected or alleged to have been stolen and to verify compliance with this
Section or other applicable laws. No licensee shall conceal any article in his possession from the
Police Department.
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B. Inspection by Police or Claimed Owner. All articles of property coming into the
possession of any licensee shall be open to inspection and right of examination of any police officer
or any person claiming to have been the owner thereof or claiming to have had an interest therein
when such person is accompanied by a police officer.
566.15. Conduct of Persons on Licensed Premises.
A. Property of Another. No person may pawn, pledge, sell, leave, or deposit any article
of property not their own;nor shall any person pawn,pledge, sell, leave,or deposit the property of
another,whether with permission or without; nor shall any person pawn,pledge, sell, leave, or
deposit any article of property in which another has a security interest; with any licensee.
B. Minors. No minor may pawn,pledge, sell, leave,or deposit any article of property
with any licensee.
C. Proper Identification. No person may pawn,pledge, sell, leave or deposit any article
of property with any licensee without first having presented an acceptable form of identification.
D. Required Signage. All licensees shall by adequate signage and separate written
notice inform persons seeking to pawn,pledge, sell, leave, or deposit articles of property with the
licensee of the foregoing requirements.
(1) For the purpose of this subsection, "adequate signage"shall be deemed to
mean at least one sign of not less than four(4) square feet in surface area,
comprised of lettering of not less than three-quarters(3/4)of an inch in
height,posted in a conspicuous place on the licensed premises and stating
substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENTIFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
(2) For the purpose of this subsection, "separate written notice" shall be deemed
to mean either the receipt, as required in Section 566(12)(E), or a printed
form,incorporating a statement to the effect that the person pawning,
pledging,selling, leaving, or depositing the article is at least eighteen(18)
years of age; is the true owner of the article; and that the article is free of all
claims and liens;which is acknowledged by way of signature of the person
pawning,pledging, selling, leaving, or depositing the article.
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E. False Identification. No person seeking to pawn,pledge, sell, leave, or deposit any
article of property with any licensee shall give a false or fictitious name;nor give a false date of
birth; nor give a false or out of date address of residence or telephone number;nor present a false
driver's license or identification card; to any licensee.
F. General Restrictions. No pawnbroker licensed under this Section shall:
(1) Lend money on a pledge at a rate of interest above that allowed by law;
(2) Knowingly possess stolen goods;
(3) Sell pledged goods before the time to redeem has expired;
(4) Refuse to disclose to the City, after having sold pledged goods, the name of
the purchaser or the price for which the item sold;
(5) Make a loan on a pledge to a minor.
566.16. Restrictions Regarding License Transfer.
Each license under this Section shall be issued to the applicant only and shall not be
transferable to any other person.No licensee shall loan, sell,give,or assign a license to another
person.
566.17. Suspension or Revocation of License.
A. The City Council may suspend or revoke a license issued under this Section upon a
finding of a violation of-
(1) Any of the provisions of this Section;
(2) Any state statute regulating pawnbrokers;
(3) Any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2;
(4) Fraud,misrepresentation, or bribery in renewing a license;
(5) Business practices,or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(6) Any law relating to theft,damage or trespass to property, sale of a controlled
substance,or operation of a business.
B. A revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a public hearing. The written notice shall give at least ten(10) days'
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notice of the time and place of the hearing and shall state the nature of the charges against the
pawnbroker. The notice may be served upon the pawnbroker personally or by United States mail
addressed to the most recent address of the business in the license application.
566.18. Penalty.
Violation of any provision of this Section shall be a misdemeanor.
566.19. Severabilitv.
Should any provision of this Section be declared by a court of competent jurisdiction to
be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other
than the part declared invalid. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
This Ordinance shall be in full force and effect upon passage by the City Council and
publication of the Ordinance or a summary thereof in the City's official newspaper.
First Reading: May 27, 2003
Second Reading:
Adopted:
Mayor
Attest:
City Clerk
Publication in St. Anthony Bulletin:
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CITY OF ST.ANTHONY, MINNESOTA
ORDINANCE RELATING TO THE REGULATION OF SECONDHAND
DEALERS; REPEALING CURRENT SECTION 565 OF THE ST. ANTHONY
CITY CODE AND ADDING A NEW SECTION 565 TO THE CITY CODE
ORDINANCE NO. 2003-004
Section 565—Secondhand Dealers
The City Council of the City of St.Anthony hereby ordains:_
Section 565 of the St.Anthony City Code is repealed and shall be replaced by a new
Section 565 as follows:
565.01. Findings and Purpose Statement.
The City Council finds (i) that secondhand dealers may knowingly or unknowingly be a
conduit for,the sale or purchase of stolen property; (ii) secondhand dealers should be regulated
by requiring a license issued by the City; and (iii) licenses for should be denied, suspended, or
revoked when the conduct of such business presents a threat to the peace, health, or safety of the
people of the City. The purpose of this Section is to provide for the peace, health, and safety of
citizens of the City by regulating secondhand dealers.
565.02. Definitions.
The following words and terms when used in this Section shall have the following
meanings unless the context clearly indicates otherwise:
AUCTION HOUSE: Auction house dealer shall mean any secondhand dealer where
some, or all, of the secondhand merchandise is offered for sale for
the highest bid or offer tendered. If the sale is,conducted by means
of an auction, the auctioneer must be properly licensed and bonded
in accordance with applicable laws.
BILLABLE Every reportable transaction conducted by a secondhand
TRANSACTION: dealer, regardless of the number of items received in that
transaction.
BUSINESS MANAGER: Business manager shall mean a person(s) designated by the
licensee to operate a business in the licensee's absence.A licensee
must designate a manager to operate the licensed business if the
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licensee does not personally provide on-site supervisory services at
the business at least sixty-four(64) hours per month.
CITY: The City of St. Anthony, Minnesota.
CONSIGNMENT: A written agreement between a licensee and a seller that enables
the licensee to take temporary possession of secondhand property,
owned by the seller, for the purpose of offering it for sale to the
public.An agreement shall state the terms under which the seller
will be compensated, and the amount of that compensation.
DEALER: Any natural person, partnership or corporation, either as principal
or agent or employee thereof, licensed under this Section.
PRECIOUS GEM: Precious gems shall mean any gem that is valued for its character,
rarity,beauty or quality, including diamonds, rubies, emeralds,
sapphires or pearls, or any other such precious gems or stones,
whether as a separate item or in combination as a piece of jewelry
or other crafted item.
PRECIOUS METALS: Precious metals shall mean gold, silver, platinum, and sterling
silver, whether as a separate item or in combination as a piece of
jewelry or other crafted item, except items plated with precious
metal(s) and the plating equals less than one (1)percent of the
items total weight.
RECEIVE: To purchase, accept for sale on consignment, broker, or receive in
trade for an item of equal or lesser value, any tangible personal
property previously owned, used, rented or leased.
RECORDABLE Every transaction conducted by a secondhand dealer in which
TRANSACTION: merchandise defined in Section 565.13 is received, offered for
sale, or intended for sale,whether inside or outside the City of St.
Anthony.
REPORTABLE Every transaction conducted by a secondhand dealer, inside the
TRANSACTION City of St.Anthony, in which merchandise defined in Section
565.14(A) is received, and for which a daily report to the police
department is required.
SECONDHAND DEALER: Any natural person,partnership or corporation, either as principal
or agent or employee thereof, whose regular business includes
selling or receiving tangible personal properties, excluding motor
vehicles, previously owned, used, rented or leased. The term
secondhand dealer shall include auction house dealers.
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UNIQUE IDENTIFIER: A serial number, identification number, model number, owner
applied identifier or engraving, "operation ID" number or symbol,
or other unique marking.
565.03. License required.
No person shall engage in the business of secondhand dealer without a secondhand dealer
license. No secondhand dealer license may be transferred to a different location or a different
person. Licenses shall be conspicuously displayed. Issuance of a license under this Section shall
not relieve the dealer from obtaining any other licenses required to conduct business at the same
or any other locations. Persons engaged in the business of a secondhand dealer on the effective
date of this Section must receive a license within sixty(60) days or cease doing business.
565.04. Exceptions.
The following transactions shall not require a license under this Section:
A. The sale of secondhand goods at events commonly known as "garage sales,"
"yard sales" or "estate sales" where all of the following are present:
(1) The sale is held on property occupied as a dwelling by the seller or owned,
rented or leased by a charitable or political organization.
(2) The occupant owns the items offered for sale and that none of the items
offered for sale shall have been purchased for resale or received on
consignment for purpose of resale.
(3) The owner of the property conducts the sale and receives all proceeds
from the sale.
(4) That no sale exceeds a period of seventy-two (72) consecutive hours. That
no more than four(4) sales are held in any twelve (12) month period at
any residential dwelling.
B. The sale or receipt of secondhand books, magazines, post cards,postage stamps,
philatelic material, video recordings (including digital video discs and video tapes), and audio
recordings (including compact discs, long-play albums and cassette tapes.)
C. The sale or receipt of used merchandise donated to recognized non-profit
organizations and for which no compensation is paid.
D. Transactions conducted by a pawnbroker licensed under Section 566 of the St.
Anthony City Code.
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565.05. Application Content.
In addition to any information that may be required by the County pursuant to Minnesota
Statutes, Section 471.924, every application for a license under this Section shall be made on a form .
supplied by the City and shall contain the following information:
A. If the applicant is a natural person:
(1) The name,place, and date of birth, street resident address, and telephone
number of the applicant;
(2) Whether the applicant is a citizen of the United States or a resident alien;
(3) Whether the applicant has ever used or has been known by a name other than
the applicant's name, and if so,the name or names used and information
concerning dates and places where used;
(4) The name of the business if it is to be conducted under a designation,name,
or style other than the name of the applicant and a certified copy of the
certificate as required by Minnesota Statutes, Section 333.01;
(5) The street addresses at which the applicant has lived during the preceding
five(5)years;
(6) The type,name, and location of every business or occupation in which the
applicant has been engaged during the preceding five(5) years and the
name(s) and address(es) of the applicant's employer(s) and partner(s),if any,
for the preceding five(5)years;
(7) Whether the applicant has ever been convicted of a felony, crime,or
violation of any ordinance other than a traffic ordinance. If so, the applicant
shall fiunish information as to the time,place, and offense for which
convictions.were had;
(8) The physical description of the applicant;
(9) If the applicant is married:
(a) The name,place, and date of birth, and street address of the
applicant's current spouse;
(b) The type,name, and location of every business or occupation in
which the applicant's current spouse has been engaged during the
preceding five(5) years;
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(c) The names and addresses of the employers or partners of the
applicant's current spouse for the preceding five(5)years;
(d) Whether the applicant's current spouse has ever been convicted of
any felony, crime, or violation of any ordinance other than a traffic
ordinance. If so, the applicant shall furnish information as to the
time,place, and offense for which convictions were had.
B. If the applicant is a partnership:
(1) The name(s) and address(es)of all general and limited partners and all
information concerning each general partner required in subpart (A) of this
subsection;
(2) The name(s)of managing partner(s) and the interest of each partner in the
secondhand goods business;
(3) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, Section 333.01, a certified copy of
such certificate shall be attached to the application.
C. If the applicant is a corporation or other organization:
(1) The name of the corporation or business form, and if incorporated,the state
of incorporation;
(2) A true copy of the Certificate of Incorporation, Articles of Incorporation,or
Association Agreement, and By-laws shall be attached to the application. If
the applicant is a foreign corporation, a Certificate of Authority as required
by Minnesota Statutes, Section 303.06, shall be attached;
(3) The name of the manager(s),proprietor(s), or other agent(s) in charge of the
business and all information concerning each manager,proprietor,or agent
required in subpart(A) of this subsection;
(4) A list of all persons who control or own an interest in excess of five percent
(5%)in such organization or business form or who are officers of the
corporation or business form and all information concerning said persons
required in subpart(A) above.
D. For all applicants:
(1) Whether the applicant holds a current secondhand dealers or pawnbrokers
license from any other governmental unit and whether the applicant is
licensed under Minnesota Statutes, Section 471.924;
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(2) Whether the applicant has previously been denied or had revoked or
suspended, a secondhand dealers license from this or any other governmental
unit;
(3) The names, street resident addresses,business addresses and telephone
numbers of three(3)individuals who are of good moral character and who
are not related to the applicant or not holding any ownership in the premises
or business,who may be referred to as to the applicant's and or manager's
character;
(4) The location of the business premises;
(5) The legal description of the premises to be licensed;
(6) The location at which the applicant's business records are maintained;
(7) If the applicant does not own the licensed premises, a true and complete
copy of the executed lease;
(8) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid,the years and
amounts that are unpaid;
(9) Whenever the application is for premises either planned or under
construction or undergoing substantial alteration, the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans or design are on file with the
City Building/Inspections Department,no plans need be submitted with
application;
(10) The applicants hours of operation, on-site management and parking
facilities;
(11) An executed data practices advisory and consent form authorizing the release
of criminal history information;
(12) Such other information as the City Council may require.
E. Manager/New Manager. When a dealer places a manager in charge of a business,
or if the named manager(s) in charge of a licensed business changes, the dealer must complete
and submit the appropriate application prior to the effective date or the change. The manager
shall be subject to the investigation required by this Section, and to the investigation fee required
by Section 615, which shall be paid in advance.
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The designation of a new manager shall not cause the license to become invalid before a
decision is rendered,provided proper notice and application are made by the applicant. A proposed
new manager shall be referred to as the interim manager. In the event an interim manager is
rejected, the licensee shall designate another interim manager and make the required application
within fifteen(15) days of the decision. If a proposed manager is rejected,the decision may be
appealed to the City Council by filing a written notice of appeal with the City Clerk within ten(10)
days after being notified of the rejection.
565.06. Application Execution.
All applications for a license under this Section shall be signed and sworn to. If the
application is that of a natural person,it shall be signed and sworn to by such person; if that of a
corporation,by an officer thereof; if that of a partnership,by one of the general partners; and if that
of an unincorporated association,by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
565.07. Application Verification.
All applications shall be referred to the Police Department for verification and investigation
of the facts set forth in the application. Within sixty(60) days after receipt of a complete
application, the Police Department shall make a written report and recommendation to the City
Council as to issuance or non-issuance of the license. The City Council may order and conduct
such additional investigation as it deems necessary. If additional investigation is necessary,the
applicant shall pay the City the cost of the additional investigation. The license shall not be issued
until any additional investigation costs are paid.
565.08. Application Consideration.
A. The City Council shall conduct a hearing on the license application within thirty(30)
days following receipt of the Police Department's report and recommendation regarding the
application. At least ten(10) days in advance of the City Council hearing on an application,the
City shall cause notice of the hearing to be published in the official newspaper of the City, setting
forth the day,time, and place of the hearing; the name of the applicant; the premises where the
business is to be conducted; and the type of license which is sought. The hearing shall also be
preceded by ten(10) days mailed notice to all owners of property located within five hundred(500)
feet of the boundaries of the property where the business is to be conducted. At the hearing,
opportunity shall be given to any person to be heard for or against the granting of the license.
Additional hearings on the application may be held if the City Council deems additional hearings
necessary. After the hearing or hearings on the application,the City Council may, in its discretion,
grant or deny the application within thirty(30) days after the close of the hearing..
B. If an application is granted for a location where a building is under construction or
not ready for occupancy, the license shall not be delivered to the licensee until a certificate of
occupancy has been issued for the licensed premises.
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565.09. Renewal Application.
A. All licenses issued under this Section shall be effective from the date of approval by
the City Council. All licenses expire at midnight on December 31 of each year. An application for
the renewal of an existing license shall be made prior to the expiration date of the license and shall
be made in such form as the City requires. The application shall state that the information in the
prior application remains true and correct, except as otherwise indicated. If, in the judgment of the
City Council,good and sufficient cause is shown by the applicant for the applicant's failure to
submit a renewal application before the expiration of the existing license,the City Council may, if
the other provisions of this Section are complied with,grant the renewal application.
B. A license under this Section may not be renewed:
(1) If the City Council determines that the licensee has failed to comply with the
provisions of this Section in preceding license years; or
(2) If the licensee or, if the licensee does not manage the establishment, the
manager of the licensed premises is not a resident of Minnesota on the date
the renewal takes effect; or
(3) If in the case of a partnership,the managing partner or other person who
manages the establishment is not a resident of Minnesota on the date the
renewal takes effect; or
(4) If in the case of a corporation,or other organization,the manager, a
proprietor, or agent in charge of the establishment is not a resident of
Minnesota on the date the renewal takes effect.
The time for establishing residence in Minnesota may for good cause be extended by
the City Council.
565.10. Fees.
A. Investigation Fee. An applicant for any license under this Section shall pay the City
in advance at the time an original application is submitted, a nonrefundable investigation fee to
cover the costs involved in verifying the license application and to cover the expense of any
investigation needed to assure compliance with this Section. The investigation fee is set forth in
Section 615.
B. License Fee.
(1) The annual license fee is set forth in Section 615. The license fee shall be
paid annually, to be determined pro-rata from the date of issuance of the
license.
(2) The annual license fee shall be paid in full before the license is effective.
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(3) When the license is for premises where the building is not ready for
occupancy, the time fixed for computation of the license fee for the initial
license period shall be ninety(90)days after approval of the license by the
City Council or upon the date the building is ready for occupancy,whichever
is sooner.
(4) When a new license application is submitted as a result of incorporation by
an existing licensee and the ownership,control, and interest in the license are
unchanged,no additional fee shall be required.
C. Billable Transaction Fees: Licensees shall pay a monthly transaction fee on all
billable transactions. Such fee shall be due and payable within thirty(30)days. Failure to timely
pay the billable transaction fee shall constitute a violation of this Section. The billable transaction
license fee shall reflect the cost of processing transactions and other related regulatory expenses as
determined by the city council, and shall be reviewed and adjusted, if necessary, every twelve (12)
months. Dealers shall be notified in writing thirty(30) days before any adjustment is implemented.
The initial billable transaction fee for billable transaction shall be one dollar seventy five cents
($1.75)per electronic transaction,regardless of the number of items in that transaction, and$2.75
per manual transaction.
566.11. Persons Ineligible for a License.
if: A. No license under this Section shall be issued to an applicant who is a natural person
(1) The applicant is a minor at the time the application is filed; or
(2) The applicant has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes, Section 364.03,
subdivision 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as
prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
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(7) The applicant is not a citizen of the United States or a resident alien, or upon
whom it is impractical or impossible to conduct a background or financial
investigation due to the unavailability of information; or
(8) The applicant has committed fraud,misrepresentation, or bribery in securing
a license; or
(9) The applicant has committed fraud,misrepresentation or made false
statements in the application and investigation for the applicant's business; or
(10) Business practices,or conduct, deemed by the City to be contrary to the best
interests,or safety, of the public; or
(11) The applicant has violated within the preceding five(5) years, of any law
relating to theft,damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. No license under this Section shall be issued to an applicant that is a-partnership if
(1) Any general partner or managing partner of such applicant is a minor at the
time the application is filed; or
(2) Any general partner or managing partner of such applicant has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terns of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any general partner or managing partner of such applicant is not a citizen of
the United States or a resident alien,or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
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(8) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation,or bribery in securing a license; or
(9) Any general partner or managing partner of such applicant has committed
fraud, misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) Any general partner or managing partner of such applicant has violated
within the preceding five(5) years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance, or operation of a
business.
C. No license under this Section shall be issued to an applicant that is a corporation or
other organization if:
(1) Any manager,proprietor, or agent in charge of the business to be licensed
is a minor at the time the application is filed; or
(2) Any manager,proprietor, or agent in charge of the business has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any manager,proprietor, or agent in charge of the business is not a citizen of
the United States or a resident alien, or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
(8) Any manager,proprietor,or agent in charge of the business has committed
fraud, misrepresentation,or bribery in securing a license; or
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(9) Any manager,proprietor,or agent in charge of the business has committed
fraud,misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety,of the public; or
(11) Any manager,proprietor,or agent in charge of the business has violated
within the preceding five(5) years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance,or operation of a
business.
565.12. Bond Required.
At the time of filing an application for a license, the applicant shall file a bond in the
amount of Five Thousand Dollars ($5,000.00)with the City. The bond, with a duly licensed
surety company as surety thereon, must be approved as to form by the City Attorney. The bond
must be conditioned that the licensee shall observe all ordinances of the City and all laws in
regulation to the business of secondhand dealers, and that the licensee will account for and
deliver to any person legally entitled thereto any articles which may have come into the
possession of the licensee as a secondhand dealer, or in lieu thereof such licensee shall pay the
person or-persons the reasonable value thereof. The bond shall contain a provision that it may
not be cancelled without thirty(30) days advance written notice to the City.
565.13. Records Required.
A. Exempt Transactions. The following items,when received by a dealer, are exempt
from recording and reporting requirements in this Section,regardless of the purchase price paid by
the dealer, asking price if consigned or brokered, or value attributed to it if accepted in trade:
(1) The receipt 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 secondhand dealer must maintain a
record of all such transactions which describes each item,and must identify
such items in a manner which relates them to that transaction record. Any
identification code used by the dealer must be provided to the Chief of
Police, or the chiefs designee upon request.
(2) The sale or receipt of secondhand household kitchen and laundry appliances.
(3) The sale or receipt of secondhand furniture, excluding audio, video and other
electronic devices.
(4) The sale or receipt of secondhand cookware, glassware and eating utensils
that do not contain precious metals.
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(5) The sale or receipt of secondhand clothing and shoes.
(6) The sale or receipt of secondhand infant's,toddler's or children's clothing,
appliances, furniture, or safety devices.
B. Recordable Transactions. Every dealer, at the time of receipt of any item which has a
unique identifier, or is or contains precious metals or gems,regardless of the purchase price, asking
price if consigned or brokered, or value attributed to it if accepted in trade, or any other item for
which the dealer paid fifteen dollars($15.00) or more, by check or other consideration,or which the
dealer intends to offer for sale, or broker, for thirty dollars($30.00) or more,and which is not
exempted in subsection 565.13(A)shall immediately and legibly record, using the English
language, in ink or other indelible medium in a book, on forms, or in a computerized record
approved by the Chief of Police, or the chiefs designee, the following information:
(1) A complete and accurate description of each item including,but not limited
to, any trademark, identification number, serial number,model number,
brand name, or other identifying mark on such an item.
(2) The purchase price, asking price if consigned, or value attributed to item if
accepted in trade, for each item received.
(3) Date and time the dealer received the item of property.
(4) Full name,residence address,residence telephone number, date of birth, and
accurate description of the person from whom the item of property was
received, including: sex,height, weight,race,color of eyes and color of hair.
(5) The identification number and state of issue from any of the following forms
of identification presented by the seller:
(a) Current valid Minnesota driver's license.
(b) Current valid Minnesota identification card.
(c) Current valid photo driver's license or photo identification card
issued by another state or province of Canada.
(6) The signature of the person identified in the transaction.
C. Inspection of Records. The records must at all reasonable times be open to
inspection by the Police Department or department of licenses and consumer services. Records
of all transactions shall be retained for at least three (3) years from the date of transaction.
565.14. Daily Reports to Police.
A. Reportable Transactions. Except for items received through consignment, or for
which payment in full is made with a credit or voucher redeemable for merchandise from the
dealer, every dealer shall report daily, to the Police Department, any recordable transaction in
13
.�7
which one (1) or more of the following items is received, regardless of the purchase price, asking
price if consigned or brokered, or value attributed to it if accepted in trade:
(1) Any item with a unique identifier.
(2) Items containing precious metals.
(3) Items containing precious gems.
(4) Any of the following items for which the dealer paid twenty-five dollars
($25.00) or more, in cash or other consideration, or which the dealer
intends to offer for sale, or broker, for fifty dollars ($50.00) or more.
(a) Electronic audio equipment.
(b) Electronic video equipment.
(c) Musical instruments.
(d) Photographic and optical equipment.
(e) Electronic office equipment.
(f) Computers, monitors,printers, scanners and computer hardware.
(g) Cellular telephones and pagers.
(h) Outboard motors, inboard drives, and powered golf carts.
(i) Electric and gas powered yard or garden equipment and tools.
(j) Electric, pneumatic or hydraulic powered construction or
mechanic's equipment or tools.
(k) Other items that are commonly considered"collectibles."
(5) Sporting equipment for which the secondhand dealer paid one hundred
dollars ($100.00) or more, in cash or other consideration, or which the
secondhand dealer intends to offer for sale, or broker, for two hundred
dollars ($200.00) or more.
(6) Architectural elements, lighting fixtures or lamps, limited to those which
the secondhand dealer paid one hundred fifty dollars ($150.00) or more, in
cash or other consideration, or which the secondhand dealer intends to
offer for sale, or broker, for three hundred dollars ($300.00) or more.
14
58
(7) Artist signed or artist attributed works of art, other than architectural
elements, lighting fixtures or lamps, limited to those for.which the
secondhand dealer paid two hundred fifty dollars ($250.00) or more, in
cash or other consideration, or which the secondhand dealer intends to
offer for sale, or broker, for five hundred dollars ($500.00) or more.
B. Method. Dealers must provide to the Police Department the information required
in subsection 565.13(B)(1) through (6), in writing, on forms approved by the Chief of Police, or
the chiefs designee, for all reportable transactions. The dealer must display a sign of sufficient
size, and in a conspicuous place in the premises, so as to inform all patrons that transactions are
reported to the Police Department daily. Dealers must submit every reportable transaction to the
Police Department daily in the following manner:
(1) Dealers must provide to the Police Department the information required in
subsection 565.13(B)(1) through (6), for all reportable transactions, by
transferring it from their computer to the Police Department via modem.
All required records must be transmitted completely and accurately after
the close of business each day in accordance with standards and
procedures established by the City using a dial-callback protocol or other
procedures that address security concerns of the dealers and the City.
(2) If the dealer who has consistently reported via modem, is unable to
successfully transfer the required reports by modem, the dealer must
provide the Police Department printed copies of all reportable transactions
for that date by 12:00 noon the next business day.
565.15. Receipt Required.
Every dealer must provide a receipt, upon request, to any person from whom they
received goods for which a record was required in subsection 565.13, and must maintain a
duplicate of that receipt for three (3) years. The receipt must include sufficient information to
enable the Police Department to identify the transaction, and every item related to it, in the
dealer's records.
565.16. Payment by Check Only.
When a dealer buys or otherwise receives an item, payment shall be made by check only,
made payable to a named payee who is the actual and identified seller.
565.17. Holding Period.
Any item received by a dealer, for which a report to the police is required in subsection
565.14, shall not be sold or otherwise transferred for thirty(30) days after the date the Police
Department receive such report except as provided in subsection 565.22(E). Items may not be
altered, modified or changed in anyway during the holding period.
15
59
565.18. Police Order to Hold Property.
A. Investigative Hold. Whenever a law enforcement official from any agency
notifies a dealer not to sell an item, the item must not be sold or removed from the premises. The
investigative hold shall be confirmed in writing by the originating agency within seventy-two
(72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or
until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to
subsection 565.18(B), whichever comes first.
B. Order to Hold. Whenever the Chief of Police or the chiefs designee notifies a
dealer not to sell an item, the item must not be sold or removed from the licensed premises until
authorized to be released by the Chief of Police or the chiefs designee. The order to hold shall
expire ninety(90) days from the date it is placed unless the Chief of Police or the chiefs
designee determines the hold is still necessary and notifies the dealer in writing.
C. Order to Confiscate. If an item is identified as stolen or evidence in a criminal
case, the Chief of Police or the chiefs designee may:
(1) Physically confiscate and remove it from the dealer's premises,pursuant
to a written order from the Chief of Police or the chiefs designee, or
(2) Place the item on hold or extend the hold as provided in subsection
565.18(B), and leave it in the dealer's premises.
When an item is confiscated, the person doing so shall provide identification upon
request of the dealer, and shall provide the dealer the name and phone number of the confiscating
agency and investigator, and the case number related to the confiscation. When an order to
hold/confiscate is no longer necessary, the Chief of Police or the chiefs designee shall so notify
the dealer.
565.19. Inspection of Forms.
The licensee must allow the Chief of Police of the chief's designee to enter the premises
where the licensed business is located or business records are maintained, including all off-site
storage facilities as authorized in subsection 565.22(E), during normal business hours, except in
an emergency, for the purpose of inspecting such premises and inspecting the items, ware and
merchandise and records therein to verify compliance with this Section or other applicable laws.
565.20. Label Required.
Dealers must attach a label to every item, for which a report to the Police Department is
required in subsection 565.14, at the time it is received in inventory. Permanently recorded on
this label must be the number or name that identifies the transaction in the dealer's records, the
name of the item, and the date the item can be sold. Labels shall not be re-used.
16
60
565.21. Prohibited Acts.
The following acts are prohibited under this Section:
A. No person under the age of eighteen(18) years may sell or consign, or attempt to
sell or consign, any goods with any dealer, nor may any dealer receive any goods from a person
under the age of eighteen(18) years.
B. No dealer may receive any goods from a person of unsound mind or an
intoxicated person.
C. No dealer may receive any goods unless the seller presents one of the following
forms of identification:
(1) Current valid Minnesota driver's license.
(2) Current valid Minnesota identification card.
(3) Current valid photo driver's license or photo identification card issued by
another state or province of Canada.
D. No dealer may receive any item of property that possesses an altered or
obliterated serial number or "operation identification" number, or any item of property that has
had its serial number removed.
565.22. General License Restrictions.
A. Firearms and Weapons. A secondhand dealer shall not receive, display or sell any
merchandise consisting of a revolver, pistol, shotgun, automatic rifle, semiautomatic military-
style assault weapon (as defined by Minnesota Statutes, Section 624.712), switchblade knife, or
other similar weapons or firearms.
B. Responsibility of Licensee. A licensee under this Section shall be responsible for
the conduct of the business being operated and shall maintain conditions of order. The conduct of
agents or employees of a licensee, engaged in performance of duties for the licensee, shall be
deemed the conduct of the licensee.
C. Gambling. No licensee under this Section may keep,possess, or operate,or permit
the keeping, possession,or operation on the licensed premises of dice, slot machines,roulette
wheels,punchboards,blackjack tables,or pinball machines which return coins or slugs, chips, or
tokens of any kind,which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes,Chapter 349,may be kept or operated and no raffles may be
conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may
take place on the licensed premises as authorized by the director of the lottery pursuant to
Minnesota Statutes, Chapter 349A.
17
61
D. Penalty for Property Owner. It is unlawful for any person who owns or controls
real property to knowingly permit it to be used for the sale of secondhand goods without a
license.
E. Premises. All property held for sale must be stored in an enclosed facility and may
not be stored outside of the premises. The Chief of Police or the chief s designee may, however,
upon written request, approve an off-site locked and secured storage facility. The dealer shall permit
immediate inspection of the facility by the Chief of Police or the Chief s designee at any time
during business hours. All provisions of this Section regarding record keeping and reporting apply
to the facility and its contents. All property shall be stored in compliance with zoning and/or fire
regulations and in an orderly manner. The premises shall also be equipped with an operational
security alarm.
565.23. Suspension or Revocation of License.
A. The City Council may suspend or revoke a license issued under this Section upon a
finding of a violation of.
(1) Any of the provisions of this Section;
(2) Any state statute regulating secondhand dealers;
(3) Any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2;
(4) Fraud,misrepresentation, or bribery in renewing a license;
(5) Business practices,or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(6) Any law relating to theft,damage or trespass to property, sale of a controlled
substance,or operation of a business.
B. A revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a public hearing. The written notice shall give at least ten (10) days'
notice of the time and place of the hearing and shall state the nature of the charges against the
secondhand dealer. The notice may be served upon the secondhand dealer personally or by
United States mail addressed to the most recent address of the business in the license application.
565.24. Penalty.
Violation of any provision of this Section shall be a misdemeanor.
18
62
565.25. Severability.
Should any provision of this Section be declared by a court of competent jurisdiction to
be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other
than the part declared invalid. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses,or phrases be declared
invalid.
This Ordinance shall be in full force and effect upon passage by the City Council and
publication of the Ordinance or a summary thereof in the City's official newspaper.
First Reading: May 27, 2003
Second Reading:
Adopted:
Mayor
Attest:
City Clerk
Publication in St. Anthony Bulletin:
19
. 63
MEMORANDUM
DATE: 5/13/03 MEETING DATE: 5/20/03
TO: Chair Melsha & Planning Commission Members
FROM: Susan M.H. Hall, Assistant City Manager kt�
SUBJECT: Pawnbrokers/Secondhand Dealers
Overview:
On May 20, 2003, the Planning.Commission will hold a public hearing to amend Section
1635.03 of the City's Zoning Code to allow for pawnbrokers and secondhand dealers to
operate as a conditional use in Commercial districts within the City. This is necessary
because, for example, you would not pass an ordinance allowing pawnbrokers as a
conditional use without guidelines in.place in Section 566 to regulate pawnbrokers.
In regard to the pawnshop and secondhand good ordinance, the City will also need to
amend Chapter 6 of the City Code relating to fees. Both the pawnbroker and
secondhand dealer ordinance reference Section 615 of the City Code as establishing an
investigation fee and license fee. Attached is a proposed ordinance amending 615,
which establishes such fees. It is not necessary for the Planning Commission to
consider this ordinance, as it is not a zoning matter.' However to be complete, the
Planning Commission should propose the fee ordinance and forward it onto the City
Council.
At the April 15, 2003, Planning Commission meeting, a public hearing was held on the
pawnbrokers and secondhand dealers ordinances. There was no public comment at the
public hearing.
In total, there are four proposed ordinances coming from the Planning Commission: (1)
the pawnbroker ordinance; (2) secondhand goods ordinance; (3) the zoning code
amendment; and the license fee amendment.
Requested Action:
Staff recommends that the Planning Commission take public comment on the zoning
amendment and then refer it onto the City Council as recommended adoption. In a
separate motion, the Planning Commission should review and recommend the license
fee ordinance to the City Council. The recommended ordinances, zoning code
amendment, and fees will be considered by the City Council on May 27.
Attachments:
• Zoning code amendment
• License fee amendment
64
CITY OF ST.ANTHONY, M[NNESOTA
ORDINANCE AMENDING SECTION 1635.03 OF THE ZONING CODE
TO ALLOW PAWNBROKERS AND SECONDHAND DEALERS
AS CONDITIONAL USES IN COMMERCIAL DISTRICTS
ORDINANCE NO. dd 0a,
The City Council of the City of St.Anthony hereby ordains:
SECTION 1. Section 1635.03 of the City's Zoning Code is amended to add the
following uses as permitted conditional uses within a general commercial district(C District):
(x) Secondhand Dealers that comply with the requirements of Section 565.
(w) Pawnbroker businesses which comply with the requirements of Section 566.
SECTION 2. This Ordinance shall be in full force and effect following a duly noticed
public hearing by the Planning Commission, upon passage by the City Council and publication
in the City's official newspaper.
Adopted this day of ) 2003.
Mayor
Attest:
City Clerk
Publication of Notice of Public Hearing:
Planning Commission Public Hearing: May 20, 2003
Passage by City Council:
Publication in St. Anthony Bulletin:
CITY OF ST.ANTHONY, MINNESOTA
ORDINANCE AMENDING CHAPTER 6 OF THE ST.ANTHONY CITY CODE;
ESTABLISHING FEES FOR THE INVESTIGATION AND LICENSING
OF PAWNBROKERS AND SECONDHAND DEALERS
ORDINANCE NO. , �J
The City Council of the City of St.Anthony hereby ordains:
SECTION 1. The current provisions in Section 615.06 (Other License Fees) of the St.
Anthony City Code relating to Secondhand Dealers are hereby repealed and superceded by the
provisions of Section 2 of this ordinance as set forth below.
SECTION 2. Section 615.06 of the City Code is amended to establish investigation and
licensing fees for Pawnbrokers and Secondhand Dealers in the City that comply with Sections
565 and 566 of the City Code:
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Pawnbroker $5000 License Fee One year; No 566
$750 Investigation Fee Expires 12/31
of each year
Secondhand $5000 License Fee One year; No 565
Dealer $750 Investigation Fee Expires 12/31
of each year
SECTION 3. This Ordinance shall be in full force and effect upon passage by the City
Council and publication of the Ordinance in the City's official newspaper.
Adopted this day of , 2003.
Mayor
Attest:
City Clerk
Passage by City Council:
Publication in St. Anthony Bulletin:
66
MEMORANDUM
DATE: 5/13/03 MEETING DATE: 5/20/03
TO: Chair Melsha & Planning Commission Members
FROM: Susan M.H. Hall, Assistant City Manager
SUBJECT: Adult Day Care
Overview:
For the last couple of months, Planning Commissioners have been discussing the adult
day care use request. Last month, Commissioners agreed to recommend the use as a
conditional use permit in the Commercial zoning district. On May 20, 2003, the Planning
Commission will hold a public hearing amending Section 1635.03 of the zoning code to
allow adult day care centers as conditional uses in the Commercial zoning district.
The City Attorney's office has reviewed the statutes and state rule regulating adult day
care centers. The Minnesota Department of Human Services licenses such centers. The
state rules establish a number of regulations governing adult day care centers to protect
the safety and welfare of program participants. In addition, it is-not-necessary for the
City to pass an ordinance regulating adult day care centers as state law sufficiently
covers the area. Thus, in the proposed ordinance, adult day care centers are limited to
those centers that are licensed under state laws and rules.
Requested Action:
Staff recommends that the Planning ,Commission take public comment on the zoning
amendment and then refer it onto the City Council as recommended action. The
recommendation will be considered by the City Council on May 27.
Attachment:
• Adult Day Care amendment
VD/UL/VI) rAl 11:Gl rAA O140gv404J
67
CITY OF ST.ANTHONY, MINNESOTA
ORDINANCE AMENDING SECTION 1635.03 OF THE ZONING
CODE TO ALLOW ADULT DAY CARE CENTERS AS
CONDITIONAL USES IN COMMERCIAL DISTRICTS
ORDINANCE
The City Council of the City of St.Anthony hereby ordains:
SECTION 1. Section 1635.03 of the City's Zoning Code is amended to add the
following u-se as a permitted conditional,use within a ger.teral commercial district (C District):
(y) Adult Day Care Centers, Iicensed under Mimiesota Statutes, Chapter 245A and
Minnesota Rules, Sections 9555.9600 to 9555.9730.
SECTION 2. This Ordinance shall be in full force and effect following a duly noticed
public hearing by the Planning Commission,upon passage by the City Council and publication
in the City's official newspaper.
Adopted this day of , 2003.
Mayor
Attest:
City Clerk
Publication of Notice of Public Bearing:
Planning Commission Public Hearing: May 20,2003
Passage by City Council:
Publication in St. Anthony Bulletin:
68
WSB
do Associates,Inc.
May 21, 2003
Honorable Mayor, City Council, and City Staff
I City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: Engineer's Report for May 27, 2003
WSB Project No. 1065-01
Dear Honorable Mayor, City Council, and City Staff:
jThis letter is intended to provide you with an update on the current status of projects that
are ongoing within the village. Outlined below, please find a list of projects and the
current status of each:
l
Apache Plaza Environmental Assessment Worksheet
U
The proposed redevelopment of Apache Plaza requires the preparation of an
Environmental Assessment Worksheet under Minnesota Rules administered by the
4 . Environmental Quality Board. Attachment A provides a proposed scope of
services, schedule, and resolution for the Council's consideration to authorize the
preparation of the environmental assessment worksheet. It is anticipated that the
Environmental Assessment process for the proposed project can be completed by
September 2003.
i II. St. Anthony Boulevard Street Lighting Improvements
t At the request of St. Anthony Boulevard residents, a meeting was held on April 29,
2003 to discuss financing alternatives and street lighting improvements for St.
Anthony Boulevard. Four alternatives for financing the improvements were
discussed with the residents. The residents preferred a financing plan that included
50% of the lighting costs assessed to the individual property owners and the
remaining 50% of the cost paid for by the City of St. Anthony Street Improvement
.15 Olson Funds. The assessments would be applied to each property on their water and
Aemorial Highway sewer utility bill. They would be billed four times a year for the assessment
uitg,3oo
principle, plus an interest rate equal the rate for the City's street assessments for a
period of 10 years.
Ainneapglis
1
MinnI'esota
,5�4P7
6$!541.4800
63541.1700 FAX Minneapolis • St. Cloud • Equal Opportunity Employer F:1WPW1M1o65-0!1052!03-6mcc.doe
1
Honorable Mayor, City Council, and ��
City Staff
May 21, 2003
Page 2
Provided for your review and consideration, are the April 2, 2003 correspondence,
and a resolution authorizing the design, solicitation of bids, and assessment
determination for lighting improvements on St. Anthony Boulevard.
III. Wellhead Protection Plan
Phase I of the City of St. Anthony's Wellhead Protection Plan prepared by the
Ramsey County Soil and Water Conservation District has been reviewed and
submitted to the Minnesota Department of Health. A meeting will held on May 29,
2003, with City staff, Ramsey County Soil and Water Conservation District, and
the Minnesota Department of Health to review the document for final submittal.
Following this meeting, revisions to the Phase I plan will be made in accordance
with the Minnesota Department of Health comments, and a schedule will be
prepared for the completion of Phase II. We anticipate a presentation to the
Council in mid-June on the findings of the Wellhead Protection Plan.
IV. Schedule for Flood Improvements at 4029 Shamrock Drive
Based on correspondence and conversations with the Minnesota Department of
Natural Resources, the City of St. Anthony will receive $250,000 in flood
mitigation improvement money in 2003. This money is targeted for the removal of
the home and construction of storm water improvements at 4029 Shamrock Drive.
We anticipate holding a neighorhood meeting in the month of June to discuss the
proposed removal of 4029 Drive.
Furthermore, individual letters will be sent to homeowners who have been
identified for the construction of flood proofing improvements. These homes are
located adjacent to 4029 Shamrock Drive and in the vicinity of 39`"Avenue,
Fordham and Shamrock Drive.
V. I&I Reduction Program
This item is a follow-up to our discussions concerning the inflow of clear water
into the City's sanitary sewer system at the 2003 Goal Setting Retreat. We
anticipate discussing a number of alternatives for your consideration at the June 9t'
or 10 Council meeting.
F:I WPWIM1065-011051!03-hmcc.doc
Honorable Mayor, City Council, and 70
City Staff
May 21, 2003
Page 3
VI. Water Treatment Plant Improvements
Alternatives for improving the chemical treatment process at the City's water
treatment plant have been prepared and reviewed with City staff. A chemical
treatment process has been selected and final plans and specifications for the
treatment plant improvements are underway. It is anticipated that the project will
be bid this fall with construction occurring over the winter months.
VII. Kenzie Terrace Water Main and Sanitary Sewer Improvements
Plans and specifications for the Kenzie Terrace water main and sanitary sewer
improvements are complete. Discussions are still being held with the Metropolitan
Council on their concerns associated with the Met Council Meter Station located in
the vicinity of Lowry and Harding Street in Minneapolis. We anticipate holding a
meeting with the Metropolitan Council to discuss the issues associated with the
proposed sanitary and sewer improvements in the first week of June.
Following this meeting, we anticipate the plans would be revised to address the
issues presented by the Metropolitan Council and that Advertisements for Bids
would begin at the end of June with a bid opening in mid-July and construction
beginning thereafter.
A neighborhood meeting will be held in July to discuss the project schedule and a
proposed scope of impacts to the residents and businesses adjacent to the proposed
improvements.
VIII. 2003 Street Reconstruction
Phase I of the 2003 Street Reconstruction, which is Edward Street from 33rd
Avenue to 34th Avenue and 34th Avenue from Stinson Boulevard to Edward Street,
is nearing completion. All the utilities have been installed and the road
reconstruction work is progressing according to schedule. The Contractor has
requested that the construction schedule be modified. The new schedule anticipates
completion of this year's project by the end of August reducing the construction
period by nearly two months. Furthermore, the Contractor has provided assurances
to the City that if the project does not proceed in accordance with our expectations,
that the Contractor would cease operations and return to the original construction
schedule.
It is our anticipation that by moving the construction schedule up two months we
can reduce the duration and inconveniences of construction activities to the
residents within the project limits.
F:I WPW1M1065-011052103-hmcc.doc
Honorable Mayor, City Council, and 71
City Staff
May 21, 2003
Page 4
I will be present at your May 27, 2003 Council meeting to discuss these projects and
answer any questions you may have. Please feel free to call me at 763-287-7182.
Sincerely,
WSB &Associates,Inc.
Todd E. Hubmer, P.E.
Project Manager
Attachments
sm.
F.•I WPWIAn/065-011051/03-hmcc.doc
72
ATTACHMENT A
APACHE PLAZA EAW
PROPOSAL AND RESOLUTION
FAWPWIN�1065-01\ATTACHMENT A.doc
IMF_AIL
WSB 73
&Associates•Inc. April 30, 2003 LU
i -
r . Mr. Mike Momson
City of St. Anthony
f' 3301 Silver Lake Road
I St. Anthony, MN 55418
i Re: Scope of Services to Prepare an Environment Assessment Worksheet
Apache Plaza Redevelopment Project
WSB Project No. 1065-79
Dear Mr. Mornson:
As requested,please find outlined below a Scope of Services to prepare an Environmental
Assessment Worksheet (EAW) for the redevelopment of the Apache Plaza site:
UJ
Task I -Project Management/Meetings UJ
This task involves coordinating the activities of WSB Staff and the developer and
reviewing the information that is developed with appropriate City Staff and Council
members. This task also includes one meeting with City Council to review the
EAW.
Task 2- Collect Background Information
Background information associated with the development of this property will be
L y collected from a variety of sources including the City, Minnesota Historical Society, LU
the Department of Natural Resources, and the Soil and Water Conservation District.
.' This data will be reviewed and analyzed to address the environmental concerns of the
project.
Task 3-Identify Past Land Use and Existing Cover Types
Information from the City and agencies will be reviewed to determine past land uses LU
within the development site that may present environmental concerns such as soil
contamination. Any concerns will be discussed within the EAW. The existing and
proposed cover types will be determined based on field visits, aerial photography,
and the proposed development plans.
i !
Task 4-Evaluate Project Impact on Water Quantity and Quality
As part of this task, water quantity and quality information will be developed based
on information associated with the redevelopment of the site. This will include
analysis of existing and proposed discharge rates, volumes, and anticipated impact on
water quality on the surrounding water bodies. This analysis will be discussed in the
115 Olson EAW.
Aemorial Highway
Task S-Address Erosion and Sedimentation Control Measures
.uit 3100 The EAW will address erosion and sedimentation control measures to be taken
Ain eapolis during and after construction of the project. The amount of soil to be moved or
� i `) excavated will also be discussed within the EAW.
linhesota
-541.4800
'631541.1700 FAX Minneapolis • St. Cloud • Equal Opportunity Employer
r '
Apri130, 2003 74
Page 2 of 3
Task 6-Evaluate Project Impact on Water Use and Wastewater
As part of this task, the impact of the development on wastewater and water use will
be evaluated. This evaluation will be discussed in the EAW.
Task 7-Evaluate Impact on Traffic,Noise, and Air Quality
As part of this task, the impact of the development on traffic,noise, and air quality
will be evaluated and discussed in the EAW. A discussion of potential mitigating
measures will also be included in the EAW.
Task 8-Identify Impact on Public Infrastructure
As part of the EAW, any new or expanded public services that are required as part of
the project will be identified.
Task 9-Evaluation of Cumulative Impacts
As part of this task, the cumulative impacts of the project on the surrounding area
will be evaluated.
Task 10-Submit EAW and Respond to Comments-
As part of this task, the EAW will be provided to City Staff and City Council for
review. Once authorization from the City has been received, WSB will distribute the
EAW to the required agencies and EQB Monitor for the 30-day review. WSB will
follow-up with the EAW review process and respond to comments generated by the
public review process. Following completion of the review process, we will present
the findings of the EAW to the Council and provide a recommendation relative to the
need for an Environmental Impact Statement(EIS). This task includes one meeting
with the City Council.
The cost estimate to prepare the EAW as outlined above is $16,500. A proposed project
schedule is attached. Based on the proposed timeline, the EAW process could be.completed
by September 9, 2003.
Please call me at (763)287-7182 if you have any questions or wish to authorize the work
associated with this project.
Sincerely,
WSB &Associates, Ina
7;:
Todd Hubmer, P.E.
Associate
attachments
F.•I WP RW I065-791043003mm.doc
TIMELINE TO PREPARE AN EAW FOR THE APACHE PLAZA
REDEVELOPMENT PROJECT
TASK PROPOSED TIMELINE
Data Collection/ EAW Development May 27—July 1, 2003
City Staff/Council Review of EAW July 1 - 8, 2002
City Council Authorizes Submittal of EAW July 8, 2003
to Review Agencies
Submit EAW to EQB Monitor July 1.4, 2003
Publication in EQB Monitor July 21, 2003
EAW Comment Period July 21 —August 20, 2003
Respond to Comments August 20—September 2, 2003
City Staff/ Council Reviews Responses to September 2 - 9, 2003
Comments
City Council Determines Need for EIS September 9, 2003
Decision Notice Published in EQB Monitor September 15 or 29, 2003
75
CITY OF ST. ANTHONY
RESOLUTION 01-67�15
A RESOLUTION ORDERING PREPARATION OF AN
ENVIRONMENTAL ASSESSMENT WORKSHEET
FOR
APACHE PLAZA
WHEREAS, the City of St. Anthony has received a proposal for the redevelopment of Apache
Plaza Mall;
WHEREAS, the proposal requires the preparation of an Environmental Assessment Worksheet.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, ST.
ANTHONY, MN:
That WSB &Associates, Inc.be authorized by the City of St. Anthony to prepare
an Environmental Assessment Worksheet for the proposed redevelopment of the
Apache Plaza site.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
F:\WPWIN\1065-01\Resolutions\2003resolu6on Environment Assessment Worksheet.doc
76
ATTACHMENT B
ST. ANTHONY BOULEVARD LIGHTING IMPROVEMENTS
F:\WPWIN\1065-01\ATTACHMENT B.doc
A 77
WSB
&Associates.Inc.
April 2, 2003
The Honorable Mayor, City Council and Staff
c/o Michael Mornson
City of St. Anthony Village
3301 Silver Lake Road NE
Minneapolis, MN 55418-1603
r Re: Funding Options for Street Lighting Improvements on St. Anthony Boulevard
}' WSB Project No. 1065-78
�"' Dear Mr. Mayor, City Council and Staff:
On March 4, 2003, residents of St. Anthony Boulevard requested a.meeting with the City to
discuss decorative street lighting. At this meeting, a number of options regarding street
lighting and financing were discussed.
A preliminary street lighting layout for St. Anthony Boulevard is attached. Excel Energy
provided a preliminary cost to install decorative lights for approximately$77,400. There
would also be administrative and design costs associated with this project and the possible
public bidding of the improvement as it exceeds $50,000. The anticipated cost to complete
the project will be approximately$90,000.
At the March 4, 2003 meeting, City staff was directed to look at alternatives to fund'a$90,000
street lighting improvement on St. Anthony Boulevard. A number of options are presented in
this letter for your discussion. These options are:
1. Assess 100% of the St. Anthony Boulevard lighting improvements to the adjacent
property owners. There are approximately 45 owners on St. Anthony Boulevard, each
would be an assessed $2,000 for lighting improvements.
2. Assess 50% or$45,000 of the street.lighting cost to the adjacent residents, which
would be an assessment of$1,000. The remaining 50% of the cost would be paid.for
from excess street improvement funds.
3. Assess 50% of the improvement to the adjacent properties and install 50% of the
.i50 Olson lighting plan at this time. Installation of the decorative lighting would be completed
when sufficient State Aid funds are available in the City's account to pay for the
Memorial Highway additional lights.
uite 300
ninneapolis 4. The City of St. Anthony could establish a street lighting utility. This utility is very
Minnesota
similar to other utility programs such as the storm water utility or the water and sewer
5422
63.5414800 F:\WPWIN\1065-78\040203 Mayor City Staff.doc
63.5411700 FAX Minnc,ipolis. St. Cloud Equal Opportunity Employer'
The Honorable Mayor, City Council and Staff
78
clo Michael Mornson
City of SG Anthony Village
April 2,2003
Page 2 of 2
utility to pay for street lighting improvements and the annual electrical costs of
operating street lights.
These options are being presented to the Council for your consideration. It is anticipated that
a Public Meeting will held on April 29' 2003 at 8:00 p.m. as a follow-up to the March 4, 2003
meeting. We would like to be able to discuss these alternatives with the residents at that time.
If you have any questions, please call me at 763-287-7182.
Sincerely,
WSB &Associates,Inc.
7ew;7—Z'pz�
Todd E. Hubmer, P.E.
Associate
sm.
Attachments
F:\WPWIN\1065-78\040203 Mayor City Staff.doc
5 _CITY OF ST. ANTHONY-
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s®
CITY OF ST. ANTHONY
RESOLUTION 0J ' ,. q
A RESOLUTION ORDERING STREET LIGHTING IlVIPROVEIVIENTS
TO ST. ANTHONY BOULEVARD
WHEREAS, the City of St. Anthony has received from the residents a request to install street
lighting improvements to St. Anthony Boulevard;
WHEREAS, the residents have agreed to pay 50% of the cost of improvements through an
assessment to their utility bills, plus interest, for a period of 10 years;
WHEREAS, the City agrees to pay for the remainder of the costs from road improvement
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ST. ANTHONY, MN:
That the proposed street lighting improvements be referred to WSB &
Associates, Inc. for design, bid, and assessment calculation; that WSB &
Associates, Inc. present to the Council for consideration the bids and proposed
assessments.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
F:\WPWIM1065-01\Resolutions\2003 resolution Ordering Street Lighting Improvements.doc
81
STUART I B®leTMINVELL
Certified Public Accountant
7101 York Avenue South Office: (952)921-3325
Suite 346
Minneapolis,Mumesota 55435 Fax: (952)921-3331
e mail: sbonniwell @unique-software.com
April 4, 2003
Honorable Mayor and Members of the City Council
City of St. Anthony, Minnesota
I have audited the general-purpose financial statements of the City of St.
Anthony, Minnesota for the year ended December 31, 2002. My report, dated April
4, 2003, expresses an unqualified report on these financial statements.
The purpose of this letter is to communicate certain observations noted during
the audit of the general-purpose financial statements of the City of St. Anthony
for the year ended December 31, 2002. These comments are presented for your
information and consideration. Comments and recommendations in this report are
constructive in nature and should be read in this context; recommendations are
intended to improve and/or strengthen internal control, financial management and
administration.
Financial Summary
The financial condition of the City continues to remain strong. The governmental
(operating) funds of the City, consisting of the General Fund, Special Revenue,
Debt Service and Capital Project funds remain healthy. The City's proprietary
funds (enterprise funds - liquor and utility) are also financially strong.
Following is a summary of fund balances/retained earnings by fund category as of
December 31 for each of the past three years.
2002 2001 2000
General Fund $1, 116,402 $1,042,706 $976,523
Special Revenue Funds 77,455 354,585 423,714
Debt Service Funds 1, 644,689 1,447,601 1,126,439
Capital Project Funds . 3,248,107 3, 965, 606 3, 931,608
------------ ------------ ------------
6,086,653 6,810,498 6, 458,284
Enterprise Funds 7,520,890 7,268,717 8,124,509
$13, 607,543 $14,079,215 $14,582,793
As the chart above illustrates, the City's financial condition has not changed
significantly over the past several years. During 2002, the City transferred
$250,000 from Special Revenue Funds to Capital Project Funds for the Central Park
improvement project, accounting for the decrease in their fund balance.
Expenditures related to storm water and park improvements account for the
decrease in the Capital Project Funds.
82
Honorable Mayor and Members of the City Council
City of St. Anthony, Minnesota
Financial Summary, continued
A summary of significant activities of these fund categories is:
General Fund
The fund balance of the General Fund at December 31, 2002 is $1,116,402. For the
year ended December 31, 2002, reserves of the General Fund budget totaled $73, 696
and represent an increase of 7.07% from the prior year's fund balance. Below is
a condensed summary of revenues and expenditures compared to the budget for 2002.
Budget Actual Variance
Revenues and Transfers $3, 626,500 $3, 652,998
Expenditures and Transfers $26,498
3, 626,500 3,579,302 47,198
Excess of Revenues Over Expenditures ------
$ -
$73, 696 $73, 696
Revenues and transfers exceeded budgeted estimates by $26,498 due to a transfer
of $25,000 from the Utility Fund to finance the refurbishing of streetlights.
Expenditures and transfers of $3,579,302 were approximately 98.70% of budgeted
amounts. Total expenditures (not including transfers) increased by 3.00%
compared to the prior year; however, all City departments' experienced favorable
variances when actual expenditures were compared to budgeted estimates.
The fund balance of the General Fund is designated or reserved for the following
Purposes:
Working Capital
Budget Contingency/LGA Shortfalls $898'788
Insurance (Self-insurance program) 70,000
lO 72,230
Public Safety (Unemployment yment Benefits and Contract Reserves) 42 300
Prepaid Insurance and Other Items '
33,084
$1, 116,402
The major portion of the fund balance, $898,788, has been designated for working
capital purposes. This reserve provides financing of current operations until
tax settlements and state aids are received. This reserve also serves as a
safeguard against potential revenue shortages or unexpected expenditures, which
may occur throughout the year. This reserve for working capital represents
approximately 23.45% of budgeted expenditures for 2003. The total fund balance
of the General Fund represents approximately 29.10 of the current year's budgeted
expenditures. Each year this reserve has been increased in an effort to reach the
City's goal of maintaining a reserve balance of between 30% and 35%.
83
Honorable Mayor and Members of the City Council
City of St. Anthony, Minnesota
Financial- Summary, continued
General Fund, continued
Council and management have realized the importance of providing a sufficient
level of working capital by establishing and maintaining this reserve. The
amount of this reserve is required because at certain times of the year, the cash
Position of the General Fund may need to borrow funds internally from other City
funds to sustain its operations until tax collections and state aids are
received. To preserve this level of working capital reserve in the General Fund,
council and management must continually monitor its financial position throughout
the year to avoid adverse changes impacting its financial stability.
Special Revenue Funds
Each of the special revenue funds is maintained for a specific purpose. These
funds remain financially sound at December 31, ,2002, although fund balances have
declined due to utilization of funds and diminishing revenue sources to maintain
current program levels.
The fund balance of the General Reserve Fund of $250,000 was transferred to the
Central Park improvement project during the year.
Debt Service Funds
Many of the debt service funds maintained relate to the City's street improvement
program. Fund balances of these funds are restricted for debt service
requirements and are not available for current expenditure purposes until the
debt is retired. Fund balances of these funds are the result of prepayments of
assessments levied in connection with improvement projects. Existing fund
balances, combined with annual tax and assessment levy amounts, and are
sufficient to satisfy 2003 debt service requirements. Debt service funds related
to the Housing and Redevelopment Authority have existing fund balances and
combined with current collection of tax increment revenues continuing, sufficient
revenues will be generated from the tax increment districts to satisfy current
debt service requirements related to the remaining two
bond issues.
Capital Project Funds
Improvement costs incurred by the City amounted to $6,402,577. The most
significant activity of the Capital Project Funds involved the Storm Water
Improvement Fund with expenditures of $3, 413,400. Proceeds from grants and the
issuance of bonds were used to finance these project costs. In addition, the
Park Improvement Fund had expenditures of $1,668,300. Transfers from other funds
in prior years have been the primary source for these expenditures. Other
capital activity included equipment related acquisitions of $411, 686 during the
year.
84
Honorable Mayor and Members of the City Council
City of St. Anthony, Minnesota
Financial Summary, continued
Proprietary Funds
The Liquor Fund had net income of $302,104 for the year. Operating income
increased by approximately $16,000 or 6.0% compared to the prior year. It
appears that inventory inconsistencies, which had previously plagued operations,
have been resolved. There were no significant adjustments to inventory during the
year noted. Transfers of $300,500 were made from the Liquor Fund during the
year; $100,000 to the General Fund and $200,500 to, the Capital Equipment Fund.
The Utility Fund had net income from operations of $270,200 for the year. Losses
from operations of the Utility Fund were offset by investment income from water
filtration funds. Utility rates were reviewed to determine the adequacy of
revenues being generated to insure operating expenses are being covered. It was
noted that utility rates were increased effective January 1, 2003.
At December 31, 2002, the assets of the Employee Benefit Fund totaled $300,253
and the liability for accrued compensated absences was $600,055 (Deficit
$299,802) . Funding of this liability in prior years has been limited to $200,000
due to the unlikelihood that the entire amount of the liability would be expended
in any one year. It should be noted that the liability for compensatory (comp)
time amounted to nearly $100,000 at year-end, an increase of 27.2%.
One recommendation would be the City review its policy with regard to comp time,
perhaps changing the policy to insure employees use it during the current year or
have the City pay employees for the amount due prior to year end.
Other Matters
Investments - At year-end, the market value of City investments exceeded the cost
or amortized cost of investments. In prior years, a change in accounting for
investments required the City to report its investments at the lower of market
value or cost. To comply with this reporting standard, the City in the year of
the change recorded an adjustment of $411, 140. The market value of current City
investments exceeds the cost of such investments. During these years, the City
did not incur any losses pertaining to the disposition of any investments owned
by the City.
Collateral - During the audit process, the City perfected its collateral coverage
to include the Housing and Redevelopment Authority (HRA) . Previously, collateral
documentation listed only the City; this has now been changed to reference the
HRA in the collateral agreement.
Driveway Reimbursements - During the last two street improvement projects,
additional costs were incurred related to driveway improvements for residents.
These costs were not assessed at the part of the street improvement project.
These additional costs are currently being billed to residents near the end of
the construction project. Management should review its policy with regards to
this additional work, perhaps having residents prepay for the extra work to avoid
disputes and subsequent collection of these amounts.
85
Honorable Mayor and Members of the City Council
City of St. Anthony, Minnesota
Other Matters, continued
GASB Statement 34 - As previously stated, this Statement establishes new
financial reporting standards for state and local governments. It establishes
the basic financial statements and the required supplementary information to be
included. City administration has established a plan of implementation of the
standards applicable to GASB 34 and has been working on this project. Based on
discussions with City management, the implementation process should be completed
later this year.
Recommendations presented in the prior year' s letter were addressed and completed
by management.
This report is intended solely for the information and use of the City Council,
management and others within the organization. Again, recommendations are
intended to improve or strengthen financial management and administration.
If the Council wishes, I would be pleased to meet and discuss any of the
observations, comments, or recommendations mentioned or other matters pertaining
to the audit with the Council or management at your convenience. If the City
desires, I am available to assist with the implementation of any of the
recommendations.
I wish to express my appreciation for the courtesies and cooperation extended by
the City Manager, Finance Director and City personnel during the engagement.
Stuart J. Bo iwell
Certified Public Accountant
Financial/Audit Report
2002
Summary of Fund Equity
General Fund $ 1,116,402
n Special Revenue Funds $ 77,455
Debt Service Funds $ 1,644,689
Capital Project Funds $ 3,248,107
$ 6,086,653
Proprietary Funds $ 7,646,024
Total Fund Equity $13,732,677
General Fund
2002 Budget$3,626,500
Revenues $3,652,998 $26,498
r Expenditures $3,579,302 $47,198
$73,696
1
General Fund Balance
p 2001 Fund Balance $1,042,706
n 2002 Budget Reserves 73,696
s 2002 Fund Balance $1,116,402
Goal =30%—35%
A-1 Credit Rating/Positive Fund Balance Ratio
•2002—29.1%
•2001- 28.8%
•2000- 27.7%
♦1999- 24.7%
•1998- 22.3%
General Fund Reserves/History
17A0000
1000000
800000
600000
400000
200000
0
1998 1999 2000 2001 2002
General Fund - Reserves
•Working Capital $ 898,788
•Budget Contingency/LGA Losses $ 70,000
•Self-Insurance Reserves $ 72,230
>"Unemployment/Contracts $ 28,000
Contract Insurance Reserves $ 14,300
Pre-Paid Insurance 33,084
Total Fund Balance $1,116,402
2
Police Contracts
fi Lauderdale/Falcon Heights
Contract Revenue $590,380
r Expenditures $512,170
*Motor Fuels/Maintenance 25,700
Total Surplus $ 52,510
Capital Equipment $ 55,700
*Purchase of Squad Cars
Liquor Operations - 2002
=SAV I $117,115
SAV tI $132,913
*Total Off-Sale $250,028
Stonehouse 52,076
*Total Profits $302,104
Liquor Profits 1997 — 2002
3SOM
250000
200000
Ism
100000
sm
0
1997 Im 1999 7000 2001 2002
3
Utility Operations - Water/Sewer
r Enterprise Fund—Breakeven Fund
r Revenues $1,114,635
rExpenditures $1,182,351
•Fund Balance Decrease ($ 67,716)
Water/Sewer Sales Down$57,865
Increased Costs For Waste Disposal
Rate Adjustment was approved for 2003
Water Filtration
Interest Earnings Fund O/M
•Total Interest Earnings = $293,150
•Operation/Maintenance= 67,850
•Interest Reserves $225,300
a No Carbon Changes in 2002
Severance Fund
R 2001 Liability $527,919
w 2002 Liability $600,055
Comp-Time Liability Increased 27.2%
A Current Funds on Hand $215,508
r Current Policy Approved by Council
•Maintain a Cash Balance Over$200,000
4
Investment Summary
U.S.Government Securities $ 5,595,557
Commercial Paper $ 2,976,347
n Repurchase Agreements $ 2,603,355
Money Markets $ 527,405
Total Investments $11,702,664
Investment Income =$389,472
Market Value Exceeds Book Value
Outstanding Debt 12/31/02
Road Improvement Bonds $7,835,000
TM Tax Abatement Bonds $ 625,000
Liquor Revenue Bonds $ 685,000
•Tax Increment Bonds $3,110,000
*Total Debt $12,255,000
•Issued During Year $ 1,500,000
Principal Payments $ 675,000
GASB 34
Requires Capital Assets to be Reported with
Accumulated Depreciation
•Buildings/Automobiles/Computer Equipment
•Water Towers/Roads/Storm Sewer Lines
Implementation
*Budgets Under$10 Million
*Fiscal Years after 6/15/03
a Completion—Summer 2003
Audit Recommendations
Reduce Comp-Time Liability
*Employees Take Those Hours Off
*City Consider Paying the Liability Down
GASB 34
•Must be completed by 12/31/03
*On Schedule to Complete Mid-Summer
Housing & Redevelopment
Authority (HRA)
2002
HRA Fund Balances
•Kenzie Terrace $1,670,293
•Chandler $ 379,249
•Apache(Cub) $ 314,958
Tires Plus Building $ 416,582
HRA Projects Fund 303,684
Total All Funds $3,084,766
6
TIF Budgets
Kenzie Terrace-Community Center
*Potential Exists to Decertify District
r Chandler—Annual TIF Budget
*Current Budget$1,560,000
Apache—Debt Service/Cub Foods
Tires Plus—Replenish of Cash Outlay
r HRA Project Fund—N/W Quadrant/Others
7
86
CERTIFICATION OF MINUTES RELATING TO
PUBLIC FACILITIES LEASE REVENUE BONDS, SERIES 2003
(CITY OF ST. ANTHONY, MINNESOTA LEASE OBLIGATION)
HOUSING AND REDEVELOPMENT AUTHORITY
Municipality: City of St. Anthony
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on May 2003, at 7:00 o'clock
p.m., at the City Hall, St. Anthony, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting, including: Pages 1 through 6
RESOLUTION NO. 03- 040;,
RESOLUTION AUTHORIZING THE EXECUTION OF A
GROUND LEASE AND A LEASE AGREEMENT PROVIDING
FOR THE ACQUISITION, CONSTRUCTION AND
FURNISHING OF A PUBLIC WORKS FACILITY AND A FIRE
STATION AND THE LEASE THEREOF BY THE CITY, AND
APPROVING THE FORM OF A RESOLUTION AND AN
OFFICIAL STATEMENT
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
the corporation in my legal custody, from which they have been transcribed; that the documents
are a correct and complete transcript of the minutes of a meeting of the governing body of the
corporation, and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at the meeting, insofar as they relate to the bonds;
and that the meeting was duly held by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and notice of such meeting given as
required by law.
WITNESS my hand officially as such recording on May_, 2003.
City Clerk
87
Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION NO. 03-040
RESOLUTION AUTHORIZING THE EXECUTION OF A
GROUND LEASE AND A LEASE AGREEMENT PROVIDING
FOR THE ACQUISITION, CONSTRUCTION AND
FURNISHING OF A PUBLIC WORKS FACILITY AND A FIRE
STATION AND THE LEASE THEREOF BY THE CITY, AND
APPROVING THE FORM OF A RESOLUTION AND AN
OFFICIAL STATEMENT
WHEREAS, the City of St. Anthony (the "City") desires to provide adequate facilities for
maintenance and public safety; and,
WHEREAS, pursuant to Minnesota Statutes, Sections 465.71 and 471.64, the City is
authorized to enter into leases of real property, with an option to purchase, provided that the City
retains the right to cancel said lease-purchase contract at the end of any fiscal year during its
term; and,
WHEREAS, pursuant to said statutory authority, the City proposes to enter into a Lease
Agreement, dated as of July 1, 2003 (the "Lease"), with the Housing and Redevelopment
Authority of the City of St. Anthony (the "Authority"), as lessor, and the City, as lessee,
pursuant to which the Authority will acquire, construct and furnish a public works facility and a
fire station (the "Facilities"), and the City will lease the Facilities from the Authority; and,
WHEREAS, the Authority (a) authorized the sale of its $5,530,000 Public Facilities
Lease Revenue Bonds, Series 2003 (City of St. Anthony, Minnesota Lease Obligation) (the
"Bonds"), to finance the cost of acquiring, remodeling, renovating and furnishing the Facilities
pursuant to action of the Board of Commissioners of the Authority on , 2003 and
(b)proposes to adopt a final resolution awarding the sale of the Bonds on May 28, 2003 (the
"Bond Resolution);
WHEREAS, a form of the Lease and the Bond Resolution have been submitted to and
reviewed by this Council, along with the form of a proposed Ground Lease, to be dated as of
July 1, 2002 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee,
pursuant to which the City will ground lease to the Authority the real estate upon which the
Facilities are located (as permitted by Minnesota Statutes, Section 465.035).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony
that the City hereby approves the form of the Lease and Ground Lease and the Mayor and City
Manager are authorized and directed to execute, attest and deliver the Lease and Ground Lease
on behalf of the City. All of the provisions of the Lease and Ground Lease, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated verbatim herein and shall be in full force and effect from the date
of execution and delivery thereof. The Lease and Ground Lease shall be substantially in the
88
form submitted to this Council with such necessary and appropriate variations, omissions and
insertions as permitted or required, or as the Mayor, in his discretion, shall determine, and the
execution thereof by the Mayor shall be conclusive evidence of such determination.
BE IT FURTHER RESOLVED that the City Council hereby approves the form of the
Official Statement, relating to the Bonds (the "Official Statement"), a draft of which has been
submitted to and received by this Council, and hereby ratifies and confirms its use and
distribution to potential purchasers of the Bonds.
BE IT FURTHER RESOLVED that the City hereby approves the terms of the Bond
Resolution and the sale of the Bonds pursuant thereto, and approves the terms of the Bonds as set
forth in said Bond Resolution and the Indenture (as defined in the Bond Resolution).
BE IT FURTHER RESOLVED AS FOLLOWS:
Continuing Disclosure:
(a) Purpose and Beneficiaries. To provide for the public availability of certain
information relating to the Bonds and the security therefor and to permit the Purchaser and other
participating underwriters in the primary offering of the Bonds to comply with amendments to
Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. §
240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time,
the Rule), which will enhance the marketability of the Bonds, the City hereby makes the
following covenants and agreements for the benefit of the Owners (as hereinafter defined) from
time to time'of the Outstanding Bonds. The City is the only obligated person in respect of the
Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which
continuing disclosure must be made. The City has complied in all material respects with any
undertaking previously entered into by it under the Rule. If the City fails to comply with any
provisions of this section, any person aggrieved thereby, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance
reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a
Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or(b) is treated as the owner of the
Bond for federal income tax purposes.
-2-
89
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c)hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing
with the fiscal year ending December 31, 2003, the following financial
information and operating data in respect of the City(the Disclosure Information):
(A) the audited financial statements of the City-for such fiscal year, containing
balance sheets as'of the end of such fiscal year and a statement of
operations, changes in fund balances and cash flows for the fiscal year
then ended, showing in comparative form such figures for the preceding
fiscal year of the City, prepared in accordance with generally accepted
accounting principles promulgated by the Financial Accounting Standards
Board as modified in accordance with the governmental accounting
standards promulgated by the Governmental Accounting Standards Board
or as otherwise provided under Minnesota law, as in effect from time to
time, or, if and to the extent such financial statements have not been
prepared in accordance with such generally accepted accounting principles
for reasons beyond the reasonable control of the City, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy
and completeness in all material respects by the fiscal officer of the City;
and
(B) To the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period
most recently available of the type contained in the Official Statement
under headings: Current Property Valuations,Direct Debt, Tax Levies and
Collections, Population Trend and Employment/Unemployment.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been submitted
to each of the repositories hereinafter referred to under subsection(c) or the SEC. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from
-3-
9®
and after such determination, the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall
include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of
financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which
is a Material Fact(as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities; and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required
under paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the City under subsection (d)(2);
-4-
91
(C) the termination of the obligations of the City under this section pursuant to
subsection(d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are
prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described
in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
(1) the information described in paragraph(1) of subsection (b), to each then
nationally recognized municipal securities information repository under the Rule
and to any state information depository then designated or operated by the State
of Minnesota as contemplated by the Rule (the State Depository), if any;
(2) the information described in paragraphs (2) and (3) of subsection(b), to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection (b), to any rating agency then maintaining
a rating of the Bonds at the request of the City and, at the expense of such
Bondowner, to any Bondowner who requests in writing such information, at the
time of transmission under paragraphs (1) or (2) of this subsection (c), as the case
may be, or, if such information is transmitted with a subsequent time of release, at
the time such information is to be released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any
Bonds are Outstanding. Notwithstanding.the preceding sentence, however, the
obligations of the City under this section shall terminate and be without further
effect as of any date on which the City delivers to the Registrar an opinion of
Bond Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the City to comply with the
requirements of this section will not cause participating underwriters in the
primary offering of the Bonds to be in violation of the Rule or other applicable
requirements of the Securities Exchange Act of 1934, as amended, or any statutes
or laws successory thereto or amendatory thereof.
(2) This section(and the form and requirements of the Disclosure Information) may
be amended or supplemented by the City from time to time, without notice to
(except as provided in paragraph (c)(3) hereof) or the consent of the Owners of
any Bonds, by a resolution of this Council filed in the office of the recording
officer of the City accompanied by an opinion of Bond Counsel, who may rely on
certificates of the City and others and the opinion may be subject to customary
-5-
92
qualifications, to the effect that: (i) such amendment or supplement(a) is made in
connection with a change in circumstances that arises from a change in law or
regulation or a change in the identity, nature or status of the City or the type of
operations conducted by the City, or(b) is required by, or better complies with,
the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (b)(5) of
the Rule at the time of the primary offering of the Bonds, giving effect to any
change in circumstances applicable under clause (i)(a) and assuming that the Rule
as in effect and interpreted at the time of the amendment or supplement was in
effect at the time of the primary offering; and (iii) such amendment or supplement
does not materially impair the interests of the Bondowners under the Rule.
If the Disclosure Information is so amended,the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of
the reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
BE IT FINALLY RESOLVED that this resolution shall be in full force and effect from
and after its passage and that a certified copy hereof be provided to the Authority.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
-6-
May 20, 2003
Cain thorny
oil a L% FUTURE COUNCIL AGENDA ITEMS
Meeting Date Meeting Type Staff Present Items/Issues
June 3 Joint meeting S. Hall 6:30 pm-Joint meeting with Planning
Commission
June 9 Joint meeting J. Hartman 6:30 pm-Joint meeting with Parks Commission
June 10 Regular Res. calling for TIF hearing
June 24 Regular SK-Ehlers Public hearing on TIF plan
J. Gilligan Franchise renewal
SK-Ehlers Public hearing on sale of Kenzie property to LaNel
and development agreement
SK-Ehlers Update on Stonehouse redevelopment project
Planning Commission-June 17, 2003
HRA TIF decertification; Chandler TIF hearing
July 8 Regular Cancel
July 22 Regular
August 12 Regular
August 26 Regular
May 2®®3
Monthly Planner
1 2 3
Apr 2003 Jun 2003 6:30 PM
9:00 AM-1:00
S M T W T F S S M T W T F s MAYOR'S PM Clean Up
1 2 3 4 S 1 2 3 4 s 6 7 STATE OF THE Day
6 7 8 9 10 11 12 8 9 10 11 12 13 14 CITY&
13 14 15 16 17 18 19 15 16 17 18 19 20 21
VOLUNTEER
20 21 22 23 24 26 26 22 23 24 25 26 27 28 RECOGNITION
27 28 29 30 29 30
4 5 6 7 8 9 10
7:00 PM Public
Facilities Study
Group Work
Session
11 12 13 14 15 16 17
7:00 PM Public
Facilities
Presention to
Council and
Regular Council
Meeting
18 19 20 21 22 23 24
6:30 PM Council
Work Session in
Multi-purpose
Room
7:00 PM Planning
Commission
meeting
25 26 27 28 29 30 31
7:00 PM Council 7,
Meeting Ir
June 2003
Monthly Planner
Fri lay
1 2 3 4 5 6 7
6:30 PM Joint
Meeting with
Planning
Commission
8 9 10 11 12 13 14
6:30 PM Joint 7:00 PM Council
Meeting with Meeting
Parks
Commission
15 16 17 18 19 20 21
7:00 PM
Planning
Commission
meeting
22 23 24 25 26 27 28
7:00 PM Council
Meeting
29 30
May 2003 Jul 2003
S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5
4 5 6 7 8 9 10 6 7 8 9 10 11, 12
11 12 13 14 15 16 17 13 14 15 16 17 18 19
18 19 20 21 22 23 24 20 21 22 23 24 25_26
25 26 27 28 29 30 31 27 28 29 30 31
INVESTMENT PORTFOLIO: 04/30/2003
Interest Date
BREMER-ST ANTHONY BANK Rate Purchased Maturi Book Value
INVESTMENT DEMAND-MONEY MARKET SAVINGS 1.75% 1 DAY LIQUIDITY(SWEEP) $20,503.79
4/M GENERAL
$151,000 GENERAL ELECTRIC COMM PAPER 1.221% 02/28/03 06/20/03 $150,436.27
$716,000 LOCKHART FUNDING COMM PAPER 1.120% 03/25/03 06/20/03 $714,096.63
$864,532.90
4/M ARMY-WATER FILTRATION
$1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22/29 $191,662.50
$ 240,000 FED HOME LOAN BANK-ZERO COUPON 6.00% 08/05/02 08/15/22 $61,800.00
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/28 $101,033.87
$1,159,000 NEWBURY FUNDING COMM PAPER 1.220% 02/27/03 - 05/27/03 $1,155,561.63
$203,000 GENERAL ELECTRIC COMM PAPER 1.220% 02/28/03 05/27/03 $202,404.53
$104,000 GENERAL ELECTRIC COMM PAPER 1.020% 03/18/03 05/27/03 $103,797.78
$1,816,260.31
DAIN RAUSCHER-GENERAL
GNMA POOL 4734 8.50% 02/01175 01/15/05 $55.37
GNMA POOL 6472 7.50% 07/01/75 07/15/05 $291.69
GNMA POOL 14376 7.50% 03/01/77 03115/07 $988,34
GNMA POOL 23364 9.00% 09/01178 09/15/08 $457.01
GNMA POOL 23356 9.00% 11/01178 11/15/08 $1,081.31
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22/29 $99,948.90
$800,000 GENERAL ELECTRIC COMM PAPER 1.233% 02/28/03 05/29/03 $797,580.70
$285,000 GENERAL ELECTRIC COMM PAPER 1.588% 04/17/03 08/15/03 $283,598.46
$100,000 PROVIDENT BANK C/D-STEP/UP 5.000% 05/30/02 05/30/17 $100,000.00
$100,000 RESOURSE BANK C/D 5.000% 09/19/02 09/19/17 $100,000.00
$1,464,001.78
DAIN RAUSCHER-HONEYWELL
$100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15/99 03/08/29 $10,105.00
$100,000 LASELLE BANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.50% 09111/02 09/11/22 $27,798.64
$100,000 LASELLE BANK-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 LASELLE BANK-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$287,000 GECC COMMECIAL PAPER 1.175% 02/14/03 05/15/03 $286,176.07
$300,000 GENERAL MOTORS COMMECIAL PAPER 1.598% 04/17/03 08115/03 $318,416.38
$ 40,000 FED HOME LOAN MORTGAGE CORP-6.515% 6.515% 11/27/02 07/11114 $41,050.00
$826,645.95
DEAN WITTER
$680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06/15/01 04/05/19 $97,722.56
$520,000.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00
$313,000.00 SEARS ROEBUCK COMM PAPER 1.578% 02/10/03 05/12/03 $311,773.65
$128,000.00 SEARS ROEBUCK COMM PAPER 1.546% 02/21103 05/12103 $127,567.64
$247,000.00 SEARS ROEBUCK COMM PAPER 1.546% 02/21/03 05/12/03 $246,165.69
$200,000.00 FEDERAL HOME LOAN BANK 6.00% 11/14/01 11/14116 $200,000.00
$200,000.00 FHLMC MED TERM NOTE-SEMI 6.00% 11/19/01 11/19/21 $197,000.00
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12128/01 12/15/16 $200,000.00
$100,000.00 FHLMC MED TERM NOTE 6.25% 07/31/02 07/31/17 $100,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10/25/16 $200,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 8.15% 11/26/02 06/09/10 $206,800.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22/27 $100,250.00
$2,186,756.54
Time5/12/2003 MONTHLY INVESTMENT REPORT APRIL 20031NVESTI
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/O 7.24% 04/20/93 03/25/23 $17,800.76
$200,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 06/28/02 06/27/16 $200,000.00
$100,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 08/05/02 08/05/16 $100,000.00
$250,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 08/28102 08/28/17 $250,000.00
$200,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 11/25/02 12/13/17 $200,000.00
$1,000,000-FHLMC-ZERO COUPON BOND 7.75% 12/27/01 12/27/21 $218,553.80
$413,000-GE CAPITAL COMMERCIAL PAPER 1.233% 02/14/03 05/12/03 $411,804.50
$264,000-GE CAPITAL COMMERCIAL PAPER 1.216% 03/11/03 05/12/03 $263,461.33
$300,000-GE CAPITAL COMMERCIAL PAPER 1.317% 03/18/03 05/12/03 $299.411.50
$1,961,031.89
TOTAL BOOK VALUE $9,159,733.16
-----------------
-----------------
Time5/1212003 MONTHLY INVESTMENT REPORT APRIL 2003INVESTI
_April -2003 City of St.Anthony
Profit& Loss Statement from Operations
Actual Actual
Year to Date Year to Date Increase
SAV 1 SAV II STONEHOUSE 04/30/03 04/30102 (Decrease)
Sales $173,894.00 $179,059.00 $70,204.00 $1,553,160.00 $1,507,535.00 $45,625.00
Less: Cost of Goods Sold $137,609.00 $143,532.00 $24,220.00 $1,101,777.00 $1,066,360.00 $35,417.00
Gross Profit $36,285.00 $35,527.00 $45,984.00 $451,383.00 $441,175.00 $10,208.00
Ratio to Net Sales 20.87% 19.84% 65.50% 29.06% 29.26%
Operating Expense:
Salaries, Wages, Benefits $14,721.00 $15,095.00 $22,459.00 $207,833.00 $220,214.00 ($12,381.00)
All Other Expenses $11,555.00 $14,721.00 $17,840.00 $173,055.00 $151,690.00 $21,365.00
Total Operating Expense $26,276.00 $29,816.00 $40,299.00 $380,888.00 $371,904.00 $8,984.00
Ratio to Net Sales 15.11% 16.65% 57.40% 24.52% 24.67%
Profit from Operations $10,009.00 $5,711.00 $5,685.00 $70,495.00 $69,271.00 $1,224.00
Other Income $86.00 $210.00 $5,253.00 $15,724.00 $17,460.00 ($1,736.00)
Net Income $10,095.00 $5,921.00 $10,938.00 $86,219.00 $86,731.00 ($512.00)
Ratio to Net Sales 5.81% 3.31% 15.58% 5.55% 5.75%
April -Net Income $26,954.00
Y-T-D
SAV I SAV II STONEHOUSE ALL STORES
YEAR TO DATE 04/30/03 $31,956.00 $21,019.00 $33,244.00 $86,219.00
YEAR TO DATE 04/30/02 $29,402.00 $26,042.00 $31,287.00 $86,731.00 Audited
INCREASE/DECREASE $2,554.00 ($5,023.00) $1,957.00 ($512.00)
April -2003 City of St.Anthony
Reconciliation to Inventory Valuation Report
SAV I SAV II
Beginning Inventory: $204,454.43 Beginning Inventory: $234,313.16
Plus or Minus: Plus or Minus:
Transfers: SAV 1 $1,844.40 Transfers ($1,844.40)
Stonehouse ($6,478.85) Adjustments $51.97
Adjustments $37.76 Returns to Vendors ($2,624.42)
Returns to Vendors ($1,475.62)
Add: Receiving $154,171.82
Add: Receiving $141,444.43
Less: Cost of Goods Sold ($143,584.11)
Less: Cost of Goods Sold ($137,646.87)
TOTAL $240,484.02
TOTAL $202,179.68
Total per Valuation Report $240,907.13 ***
Total per Valuation Report $202,824.23 ***
Difference $423.11
Difference $644.55
Beginning April 2003 Inventory $202,824.23 Beginning April 2003 Inventory $240,907.13
***Comes from Valuation Report ***Comes from Valuation Report
2002 Actual Profits (Audited) 2003 Y-T-D Profits
Actual Y-T-D
SAV I SAV II Stonehouse SAV I SAV 11 Stonehouse Profits Comparison
January $5,583.00 $2,817.00 $3,554.00 $11,954.00 January $6,588.00 $3,381.00 $2,657.00 $12,626.00 $672.00
February $6,023.00 $6,005.00 $9,656.00 $33,638.00 February $4,782.00 $4,181.00 $8,714.00 $30,303.00 ($3,335.00)
March $10,455.00 $10,709.00 $7,145.00 $61,947.00 March $10,491.00 $7,536.00 $10,935.00 $59,265.00 ($2,682.00)
April $7,341.00 $6,511.00 $10,932.00 $86,731.00 April $10,095.00 $5,921.00 $10,938.00 $86,219.00 ($512.00)
May $10,901.00 $14,402.00 $6374.00 $118,408.00 May $0.00 $0.00 $0.00 $86,219.00
June $15,589.00 $16,045.00 $1,586.00 $151,628.00 June $0.00 $0.00 $0.00 $86,219.00
July $8,989.00 $9,839.00 ($7,247.00) $163,209.00 July $0.00 $0.00 $0.00 $86,219.00
August $18,973.00 $11,447.00 $2,001.00 $195,630.00 August $0.00 $0.00 $0.00 $86,219.00
September $6,675.00 $6,725.00 $4,695.00 $213,725.00 September $0.00 $0.00 $0.00 $86,219.00
October $4,618.00 $6,750.00 $402.00 $225,495.00 October $0.00 $0.00 $0.00 $86,219.00
November $13,789.00 $14,888.00 $4,294.00 $258,466.00 November $0.00 $0.00 $0.00 $86,219.00
December $8,179.00 $26.775.00 $8,684.00 $302,104.00 December $0.00 $0.00 $0.00 $86,219.00
Total $117,115.00 $132,913.00 $52,076.00 $302,104.00 Total $31,956.00 $21,019.00 $33,244.00 $86,219.00
Increase/(Decrease) $2,554.00 ($5,023.00) $1,957.00 ($512.00)
Y-T-D By Store
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
May 28, 2003
7:00 PM
Call to Order.
Pledge Allegiance.
Roll Call.
I. Approval of May y 2 8, 2003 H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember or citizen so requests, in which
event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approve May 13, 2003 H.R.A. Minutes. (p. 1-3)
B. Claims. (p. 4)
III. General Policy Business of the H.R.A.
A. Resolution HRA 03-011, re: Lease revenue bonds for public facilities
development. Jim Prosser from Ehlers & Associates, will be present. Action
requested. (pp. 5-9)
B. Resolution HRA 03-008, re: Authorize purchase of 3505 Silver Lake Road. Action
requested. (p. 10)
C. Resolution HRA 03-009, re: Authorize purchase of 3501 Silver Lake Road. Action
requested. (p. 11)
D. Resolution HRA 03-010, re: Authorize project team to proceed with design work
for Public Facilities Project as well as entering into a contract with Oertel
Architects. Action requested: (p. 15)
IV. Staff Reports.
V. H.R.A. Commissioner Comments.
VI. Information and Announcements.
VII. Adjournment.
1 CITY OF ST. ANTHONY
2
HOUSING AND REDEVELOPMENT AUTHORITY MEETING
..4
5 May 13, 2003
6
7 CALL TO ORDER
8 Chair Hodson called the meeting to order at 10:42 p.m.
9
10 ROLL CALL.
1 1 Commissioners present: Chair Hodson; Commissioners Sparks, Thuesen, Horst, and Faust.
12 Commissioners absent: None.
13 Also present: Executive Director Michael Mornson and City Attorney Jerome
14 Gilligan.
15
16
17 I. APPROVAL OF MAY 13, 2003 H.R.A. AGENDA.
18 Motion by Faust to approve the May 13, 2003 Housing and Redevelopment Authority Agenda as
19 presented.
20
21 Motion carried unanimously.
22
23 II. CONSENT AGENDA.
24 Motion by Sparks to approve the Consent Agenda, which consisted of:
nr
A. H.R.A. Meeting Minutes of April 22 2003,
27 B. Claims.
28
29 Motion carried unanimously.
30
31 III. GENERAL POLICY BUSINESS OF THE H.R.A.
32 A. H:R.A. Resolution 03-007, re: Lease Purchase Revenue Bonds for the Public Facilities
33 Upgrade.
34 Jim Prosser, Ehlers & Associates, explained that he was present to review information regarding
35 financing the public work facilities and fire station with the Board. He noted one option
36 discussed were leased revenue bonds. Mr. Prosser stated the HRA would then finance and lease
37 the facilities to the City. He indicated this was a common form of financing for this type of
38 public facility,but not the only option.
39
40 Mr. Prosser explained current legislation was calling for this type of bonding to cease after the
41 end of May 2003. He noted if he was authorized to solicit bids for these bonds, he would bring
42 information back to the HRA on Wednesday, May 28, 2003.
43
44 Mr. Prosser indicated the 20-year bonds are at a 25+-year low interest rate. He described that the
45 lease revenue bonds are not general obligations of the City, but that they are obligations of the
46 HRA. Mr. Prosser indicated, however, if the bonds were not repaid, the credit rating of the City
d 7 would be hurt. He suggested bond insurance be purchased by the City for these bonds. Mr.
Prosser suggested a debt service reserve be established or have a surety bond in place.
49
Housing and Redevelopment Authority Meeting Minutes
May 13, 2003
Page 2
1 Mr. Prosser stated the resolution for discussion tonight would allow Ehlers to go out for bid on
2 the lease revenue bonds for the public works facilities and fire station.
3
4 Commissioner Faust asked if an amount was needed for this resolution. Mr. Prosser stated this
5 was the case.
6
7 Motion by Faust to adopt H.R.A. Resolution 03-007, re: Lease Purchase Revenue Bonds for the
8 Public Facilities Upgrade in the amount of$5,529,000 and to have a report from Ehlers &
9 Associates on May 28, 2003.
10
1 1 Discussion:
12 Commissioner Sparks asked if the costs were reduced if the amount could be paid down from the
13 sale of the fire station. Mr. Gilligan stated this could be paid down to reduce the resident's
14 expense over the 20 years. Mr. Prosser indicated it would be as if the Council expended less. He
15 noted the HRA would not be able to expend more than needed as required through these bonds.
16
17 Chair Hodson noted after hearing discussions tonight from the public, he is more inclined to go
18 towards the task forces recommendation of the $6.2 million with the 4`h bay and additional
19 community space at the fire station; and the additional storage space at the public works
20 building. He noted he does not want to see corners cut with these facilities but appreciates the
need to keep costs down. Chair Hodson noted this decision has been delayed for 20 years and
needs action. He stated the $5.5 million is less than the $6.2 million and indicated he hopes the
23 costs come in less than predicted by the task force. Chair Hodson indicated he would overlook
24 this whole project to keep costs low for the residents.
25
26 Commissioner Horst noted there may be other funding options available as previously explained
27 by Mr. Morrison. Mr. Morrison stated there could be some monies available from the water
28 filtration bids and stated the Kenzie Development would positively affect the tax base for all
29 residents.
30
31 Commissioner Faust stated if there was sentiment for$6.2 million he would agree to an
32 amendment to his motion. Commissioner Horst stated he felt the $5.5 was adequate for this
33 time.
34
35 Mr. Prosser pointed out that bonds can only be issued in$5,000 increments, which would need
36 to be stated within the motion.
37
38 A friendly amendment was made to the motion by Commissioner Horst to have the bonding
39 amount be $5,530,000.
40
41 Motion carried unanimously.
42
IV. STAFF REPORTS.
45 None.
3
Housing and Redevelopment Authority Meeting Minutes
May 13, 2003
Page 3
1
2 V. H.R.A. COMMISSIONER COMMENTS.
3 None.
4
5 VI. INFORMATION AND ANNOUNCEMENTS.
6 None.
7
8 VII. ADJOURNMENT.
9 Motion by Thuesen to adjourn the meeting at 10:58 p.m.
10
11 Motion carried unanimously.
12 Respectfully submitted,
13
14 Heidi Guenther
15 Timesaver Off Site Secretarial, Inc.
16
17
Following is a Verified Claims list for May 13,2003: /
1. Brede Exposition Services..............................................................$361.13
P/W—Fire Station Facilities Planning
2. Dahlgren,Shardlow&Uban...........................................................$610.50
Apache Plaza—Blue Ribbon Panel Meeting
3. Dahlgren, Shardlow&Uban...........................................................$251.11
Apache Master Plan/Redevelopment
4. Ehlers&Associates,Inc.................................................................$656.25
NW Quadrant Study
5. Ehlers&Associates,Inc.................................................................$975.00
S/W Quadrant—Stonehouse Redevelopment
6. Ehlers&Associates,Inc.................................................................$750.00
Public Facilities Study
7. Ehlers&Associates,Inc..............................................................$7,156.25
TIF District for NW Quadrant
8. Ehlers&Associates,Inc..............................................................$5,260.00
Professional Servies/Telemet
9. Graffiti Sign&Design......................................................................578.80
Public Facilities—Open House
10. LHB Engineers&Architects.........................................................2,184.89
N/W Quadrant—Apache Master Plan
11. Orion Appraisals............................................................................5,650.00
N/W Quadrant—Tires Plus/Liquor Store
12. WSB&Associates,Inc.....................................................................150.00
S/W Quadrant—Stonehouse Redevelopment
H.R.A. Resolution 03 - 011
CERTIFICATION OF MINUTES RELATING TO
PUBLIC FACILITIES LEASE REVENUE BONDS
(CITY OF ST. ANTHONY, MINNESOTA LEASE OBLIGATION)
SERIES 2003
Issuer: Housing and Redevelopment Authority of the City of St. Anthony
Governing Body: Board of Commissioners
Kind, date, time and place of meeting: A special meeting held on May 28, 2003, at 7:00 o'clock
p.m., at the City Hall, St. Anthony, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including): Pages 1 through 4
RESOLUTION RELATING TO PUBLIC FACILITIES LEASE
REVENUE BONDS, SERIES 2003 (CITY OF ST. ANTHONY,
MINNESOTA LEASE OBLIGATION); AUTHORIZING THE
ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM
AND DETAILS AND PROVIDING FOR THE PAYMENT
THEREOF
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the Bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said Bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the members indicated above, pursuant to call and notice of such
meeting given as required by law.
WITNESS my hand officially as such recording officer on May_, 2003.
Secretary/Treasurer
Commissioner introduced the following resolution and moved its
adoption, which motion was seconded by Commissioner
RESOLUTION RELATING TO PUBLIC FACILITIES LEASE
REVENUE BONDS, SERIES 2003 (CITY OF ST. ANTHONY
ANNUAL APPROPRIATION LEASE OBLIGATIONS);
AUTHORIZING THE ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING
FOR THE PAYMENT THEREOF
BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment
Authority of the City of St. Anthony (the "Authority"), as follows:
Section 1. AUTHORIZATION AND SALE.
1.01. Authorization. The City of St. Anthony, Minnesota(the "City") desires to provide
adequate public safety facilities and has determined that the most efficient way to do so is to
lease-purchase the facilities pursuant to the authority granted by Minnesota Statutes, Section
471.65. Acting pursuant to the provisions of Minnesota Statutes, Section 469.012, subdivision
1(7), the Authority would have the power to acquire real property,'by lease or otherwise, and
construct the proposed facilities for lease to the City. Pursuant to Minnesota Statutes, Section
469.033, and Chapter 475, the Authority would further have the power to issue revenue bonds to
provide the funds necessary for the acquisition, construction and furnishing of the facilities.
Pursuant to the foregoing authority, the Authority proposes to undertake the acquisition,
construction and furnishing of a public works facility and a fire station (herein the "Facilities")
and to finance the cost thereof by the issuance of its revenue bonds (the `Bonds") under this
Resolution and a Mortgage, Security Agreement and Indenture of Trust, to be dated as of July 1,
2003 (the "Indenture"), between the City and U.S. Bank National Association, in St. Paul,
Minnesota, as trustee (the "Trustee"). The Facilities will be located on land ground leased by the
City to the Authority pursuant to a Ground Lease, to be dated as of July 1, 2003 (the "Ground
Lease"). The Authority proposes to lease the Facilities to the City pursuant to a Lease
Agreement, to be dated as of July 1, 2003 (the "Lease"), between the Authority, as lessor, and
the City, as lessee. All bonds issued under this Resolution and the Indenture will be secured
solely by rental payments to be made by the City pursuant to the Lease, and funds held by the
Trustee under the Indenture, and said bonds and the interest on said bonds shall be payable solely
from the revenue pledged therefor under the Indenture and no such bonds shall constitute a debt
of the Authority or the City within the meaning of any constitutional or statutory limitation nor
shall constitute nor give rise to a pecuniary liability of the Authority or City or a charge against
their general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal
or equitable, upon any property of the Authority or City, other than the revenues pledged to the
payment of the bonds under the Indenture.
Under the Lease, and subject to the right of termination by the City at the end of each
fiscal year of the City as provided in the Lease, the City is to pay to the Authority sufficient
money each year to pay the principal of, premium, if any, and interest on the Bonds issued under
this Resolution and the Indenture, and the City is to provide the cost of maintaining the Facilities
in good repair, the cost of keeping the Facilities properly insured, and any payments required for
taxes and any expenses incurred by the Authority in connection with the Facilities.
1.02. Sale of Bonds. Pursuant to the provisions of Minnesota Statutes, Section 475.60;
subdivision 2(9), the public sale requirements do not apply to the sale of the Bonds since the
Authority has retained Ehlers & Associates, Inc. as independent financial advisors. The Board
has received an offer from , in ,
and associates (the Purchaser), to purchase the Bonds at a price of
$ plus accrued interest on all Bonds to the day of delivery and payment, on the
further terms and conditions hereinafter set forth and set forth in the Indenture. The offer is
hereby accepted, and the Chair and the Secretary/Treasurer are hereby authorized and directed to
execute a contract on the part of the Authority for the sale of the Bonds with the Purchaser.
Section 2. BOND TERMS; REGISTRATION• EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. For the purpose of paying the costs of the acquisition,
construction and furnishing of the Facilities;this Board hereby authorizes the issuance of the
Bonds in the aggregate principal amount of$5,530,000. All acts, conditions and things which
are required by the Constitution and laws of the State of Minnesota to be done, to exist,to
happen and to be performed precedent to and in the valid issuance of the Bonds having been
done, existing, having happened and having been performed, it is now necessary for this Board
to establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds
forthwith.
2.02. Terms of the Bonds. The Bonds shall be designated "Public Facilities Lease
Revenue Bonds, Series 2003 (City of St. Anthony, Minnesota Lease Obligation"). The terms of
the Bonds, including without limitation,the date of original issue, interest payment dates,
maturity dates and principal amounts, interest rates, redemption provisions, and provisions for
registration and exchange shall be as set forth in Articles II and III of the Indenture which are
incorporated herein by reference.
2.03. Execution, Authentication and Delivery. The Bonds shall be executed by the
Authority, and authenticated and delivered by the Trustee, in accordance with the applicable
provisions of Article II of the Indenture which are incorporated herein by reference.
2.04. Form of Bonds. The Bonds shall be printed in substantially the form set forth in
Section 2.01 of the Indenture.
SECTION 3. APPROVAL OF GROUND LEASE; LEASE AGREEMENT•
INDENTURE. The form of the Ground Lease, and the form of the Lease Agreement and the
Indenture, are hereby approved. The Chair and Secretary/Treasurer are hereby authorized and
directed to execute and deliver said documents in the name and on behalf of the Authority with
such variations, omissions and insertions as the Chair and Secretary/Treasurer shall approve,
-2-
which approval shall be conclusively presumed by the execution and delivery of said documents
by the Chair and Secretary/Treasurer.
SECTION 4. REGISTRATION OF BONDS. The Secretary/Treasurer is hereby
authorized and directed to file a certified copy of this resolution with the County Auditors of
Hennepin and Ramsey Counties, together with such additional information as required, and to
obtain from the County Auditors a certificate that the Bonds have been duly entered upon the
County Auditors' bond register.
SECTION 5. AUTHENTICATION OF TRANSCRIPT. The officers of the Authority
are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey &
Whitney LLP, the attorneys rendering an opinion as to the legality thereof, certified copies of all
proceedings and records relating to the Bonds and such other affidavits, certificates and
information as may be required to show the facts relating to the legality and marketability of the
Bonds, as the same appear from the books and records in their custody and control or as
otherwise known to them, and all such certified copies, affidavits and certificates, including any
heretofore furnished, shall be deemed representations of the Authority as to the correctness of all
statements contained therein.
SECTION 6. OFFICIAL STATEMENT. An Official Statement relating to the Bonds,
prepared and delivered on behalf of the Authority by Ehlers & Associates, Inc., has been
received and is hereby approved. Ehlers & Associates, Inc. is hereby authorized on behalf of the
Authority to prepare and distribute to the Purchaser a supplement to the Official Statement listing
the offering price, the interest rates, selling compensation, delivery date, the underwriters and
such other information relating to the Bonds required to be included in the Official Statement by
Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Act of
1934. Within seven business days from the date hereof, the Authority shall deliver to the
Purchaser sufficient copies of the Official Statement and such supplement. The officers of the
Authority are hereby authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency thereof.
Section 7. TAX MATTERS.
7.01. General Tax Covenant. The Authority agrees with the Holders from time to time
of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any action that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended(the "Code") and
applicable Treasury Regulations (the "Regulations"), and agrees to take any and all actions
within its powers to ensure that the interest on the Bonds will not become includable in gross
income of the recipient under the Code and the Regulations. All proceeds of the Bonds
deposited in the Construction Fund established pursuant to the Indenture will be expended solely
for the payment of the costs of acquisition, remodeling, renovation and furnishing of the
Facilities as set forth in the Indenture. So long as any Bonds are outstanding, the Authority shall
not enter into any contract for the sale of all or a portion of the Facilities or enter into any lease,
management contract, use agreement or other agreement with any non-governmental person
-3-
relating to the use of all or a portion of the Facilities or security for the payment of the Bonds
which might cause the Bonds to be considered "private activity bonds"or"private loan bonds"
pursuant to Section 141 of the Code.
7.02. Certification. The Chair and Secretary/Treasurer, being•the officers of the
Authority charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
Section 148 of the Code, and applicable Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be "arbitrage bonds"within the meaning of the Code and Regulations.
7.03. Arbitrage Rebate. The Authority acknowledges that the Bonds are subject to the
rebate requirements of Section 148(f) of the Code. The Authority covenants and agrees to retain
such records, make such determinations, file such reports and documents and pay such amounts
at such times as are required under said Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes.
7.04. Qualified Tax-Exempt Obligations. In order to enhance the marketability of the
Bonds, and since the Authority and all subordinate entities do not reasonably expect to issue in
excess of$10,000,000 of governmental and qualified 501(c)(3)bonds during calendar year 2003,
the Bonds are hereby designated by the Authority as "qualified tax-exempt obligations" for the
purposes of Section 265(b) of the Code.
7.05. Reimbursement. The Authority certifies that the proceeds of the Bonds will not be
used by the Authority to reimburse itself for any expenditure with respect to the Facilities which
the Authority paid or will have paid more than 60 days prior to the issuance of the Bonds unless,
with respect to such prior expenditures, the Authority shall have made a declaration of official
intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that
this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the Facilities meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or
(ii) with respect to "preliminary expenditures" for the City Hall and Public Safety Facility as
defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural
expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the
"issue price" of the Bonds.
Upon vote being taken thereon, the following voted in favor thereof.
and the following voted against the same:
whereupon the Resolution was declared duly passed and adopted.
-4-
1®
CITY OF ST. ANTHONY VILLAGE
H.R.A. RESOLUTION 03 - 008
A RESOLUTION AUTHORIZING THE PURCHASE OF
PROPERTY KNOWN AS 3505 SILVER LAKE ROAD
BY THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY
BE IT RESOLVED, that the St. Anthony Housing and Redevelopment Authority hereby
authorizes the purchase of property by the St. Anthony Housing and Redevelopment Authority,
known as 3505 Silver Lake Road for the price of$245,000.00, which includes relocation
assistance as well as the purchase price; and
BE IT FURTHER RESOLVED, that the purchase of said property is contingent upon approval of
the City Attorney, a title exam, environmental review and the City HRA's successful sale of lease
revenue bonds.
Adopted this day of , 2003.
Chair
Reviewed for Administration:
Executive Director
11
r
CITY OF ST. ANTHONY VILLAGE
H.R.A. RESOLUTION 03 - 009
A RESOLUTION AUTHORIZING THE PURCHASE OF
PROPERTY KNOWN AS 3501 SILVER LAKE ROAD
BY THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY
BE IT RESOLVED, that the St. Anthony Housing and Redevelopment Authority hereby
authorizes the purchase of property by the St. Anthony Housing and Redevelopment Authority,
known as 35.01 Silver Lake Road for the price of$240,000.00,which includes relocation
assistance as well as the purchase price; and
BE IT FURTHER RESOLVED, that the purchase of said property is contingent upon approval of
the City.Attorney, a title exam, environmental review and the City HRA's successful sale of lease
revenue bonds.
Adopted this day of , 2003.
Chair
Reviewed for Administration:
Executive Director
. sin thonv 12
ills e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
May 15, 2003
Robert L. Christen
3501 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Christen:
This letter is to inform you of the.City's intent to purchase your property for$240,000.
This price includes relocation assistance as well as the purchase price. The purchase is
contingent upon the City Attorney's approval,.a title exam, environmental review and the City
HRA's successful sale of lease revenue bonds. The majority of the contingencies should be�
completed by the second week of June.
As far as a closing date, because we need to own the property prior to obtaining our
funds, we need to close prior to July 2.-2003. If you need to stay on the property after July a
rental arrangement can be made to allow you a successful move to a new location.
The City's law firm,Dorsey&Whitney, will draft a purchase agreement and schedule a
closing. The attorney the City is working with is Audra Williams.
If you have any questions, please feel free to contact me at 612-706-1325.
Sincerely,
Michael J. Mornson
City Manager
Our Mission is to be a progressive and livable community,
a walkable village, which is safe and secure.
(:1100ffla th®n ��
e
Ad ministrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX'(6'12) 781-9323
May 15, 2003
Louis R. and Dawn Christen
3505 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Christen:
This letter is to inform you of the City's intent to purchase your property for$245,000.
This price includes relocation assistance as well as the purchase price. The purchase is
contingent upon the City Attorney's approval, a title exam, environmental review.and the City
HRA's successful sale of lease revenue bonds. The majority of the contingencies should be
completed by the second week of June.
As far as a closing date, because we need to own the property prior to-obtaining our
funds, we need to close prior to July 2, 2003. If you need to stay on the property after July a
rental arrangement can be made to allow you a successful move to a new.location.
The City's law firm, Dorsey& Whitney, will draft a purchase agreement and schedule a
closing. The attorney the City is working with is Audra Williams.
If you have any questions, please feel free to contact me at 612-706-1325.
Sincerely,
Michael J. Morrison
City Manager
cc: Roger Larson, Finance Director
Our Mission is to be a progressive and livable community, .
a walkable village, which is safe and secure.
14
May 15,2003
Michael Mornson
City Manager of St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Dean Mir, Mornson,
This letter is to inform the City of St. Anthony that we the residents of 3501,Robert-L.
Christen, and 3505, Louis R. and Dawn Christen, grant perro,i.ssion to do any necessary
testing of soils.
Robert L. Christen has agreed to the purchase price of$240,000 for the property located
at 3501 Silver Lake Road as is,
Louis R. and Dawn Christen have agreed to the purchase price of$245,000 for the
property located at 3505 Silver Lake Road as is.
Sincerely,
Robert L. Christen Louis R. and Dawn.Christen
3501 Silver.Lake Road 3505 Silver Lake Road
St. Anthony, MN 55418 St. Anthony, MN 55418
cc: Jay Hartman
15
CITY OF ST. ANTHONY
RESOLUTION 03-010
A RESOLUTION REGARDING PROPOSAL FOR
ARCHECTURAL/ENGINEERING SERVICES FOR OERTEL
ARCHITECTS LTD AND REGARDING THE PREPARATION OF
CONTRACT DOCUMENTS, THE USE OF MULTIPLE PACKAGES.
AND THE PHASED ISSUANCE OF BID PACKAGES TO EXPEDITE
THE WORK AT BOTH SITES.
The City of St. Anthony is requested to approve the firm of Oertel Architects Ltd to
provide full architectural/engineering services for the proposed new fire station at the
Christen site and new and renovated public work building at the existing public work site.
The City Council of St. Anthony is requested to approve and authorize Krause-Anderson,
Construction Manager, and Oertel Architects, the proposed architect engineer, to prepare
bid documents for the public works and fire station project, using multiple bid packages
and staged construction in order to facilitate and expedite construction activities.
Adopted this day of , 2003.
Chair
Reviewed for Administration:
Executive Director