Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC PACKET 06102003
Meeting Sheet 11111 VIII VIII VIII VIII VIII IIII IIII 102992 Box: 29 Folder: CC PACKETS 2001-2004 Document: CC PACKET 06102003 CITY'OF ST. ANTHONY F Our mission is to be a progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL. MEETING AGENDA June 10, 2003 7:00 PM Council .Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the Following Items: I. Approval of the June 10, 2003 City Council Meeting Agenda. Action requested. II. Proclamations and Recognitions. III. Community Forum. Individuals may address the City Council about any item 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 Lo 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 28, 2003 Council meeting minutes. (pp. 1 - 10) B. Licenses and permits. (p. 11) C. Claims. (pp. 12 - 15) D. The second reading of the following ordinances: (p. 16) 1. 2003-003, re: Pawnbrokers, 2nd reading. See Ordinance in packet. (22 pages) 2. 2003-004, re: Secondhand dealers, 2nd reading. See Ordinance in packet. (19 pages) Page 2 3. 2003-005, re: Pawnbrokers and Secondhand Dealers as conditional uses in commercial districts, 2nd reading. (p. 17) 4. 2003-006, re: Fees for investigation and licensing of Pawnbrokers and Secondhand Dealers, 2nd reading. (p. 18) 5. 2003-007, re: Amend ordinance to allow adult day care centers as conditional uses in C zoned districts, 2"d reading. (pp. 19 - 20) V. Public Hearings - None. VI. Reports From Commissions and Staff. A. Resolution 03-042, re: Approve bid for Silver Point Park improvements. Brad Forbrook, SEH, Inc., will be present. Action requested. (pp. 21 - 23) B. Inflow/Infiltration Report. Todd Hubmer ,, WSB & Associates, will be present. (pp. 24 - 25) C. Resolution 03-041, re: Lease option - recommendation for location of the temporary fire station. Action requested. (pp. 26 - 29) VII. General Policy Business of the Council. VIII. Reports From City Manager and Councilmembers. (pp. 30 - 31) IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment. 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 May 28, 2003 6 7 CALL TO ORDER. 8 Mayor Hodson called the meeting to order at 7:32 p.m. 9 10 ROLL CALL. 11 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 12 Absent: None. 13 Also Present: City Manager Mike Morrison and City Attorney Jerry Gilligan. 14 15 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 16 ITEMS. 17 18 I. APPROVAL OF MAY 28, 2003, CITY COUNCIL MEETING AGENDA. 19 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of May 28, 20 2003. 21 22 Motion carried unanimously. 23 24 II. PROCLAMATIONS AND RECOGNITIONS. 25 None. 26 27 III. COMMUNITY FORUM. 28 Mayor Hodson invited residents to come forward at this time to address the Council on items that 29 were not on the regular agenda. 30 31 Mary Bauer, 4000 Foss Road, #103, came forward. She stated that her friend, who has a home 32 in "mint condition," is being harassed to sell her home so it can be torn down to make a parking 33 lot. She said this harassment was making both her and her friend nervous. She added that, once 34 the house was torn down, it would no longer be generating taxes, as it would be a parking lot. 35 Ms. Bauer also wanted to ask the Council if they knew how many group homes were in the City. 36 She conveyed concern about some of the problems she felt the group homes were generating. 37 Mayor Hodson responded that he was not able to tell her the number of group homes in the City. 38 39 Mr. Morrison indicated Ms. Bauer's question would be researched. Councilmember Sparks 40 asked Mr. Morrison if he would talk to Ms. Bauer after the meeting about her specific questions 41 and concerns. 42 43 Councilmember Sparks stated that the lighting issue did not appear to be on the agenda. She 44 added that, even though not stated, it would be discussed under VI(B). 45 46 IV. CONSENT AGENDA. 47 48 1. Consider May 13, 2003, Council meeting minutes. 49 2. Consider licenses and.permits. City Council Regular Meeting Minutes May 28, 2003 Page 2 1 3. Consider payment of claims. 2 4. Resolution 03-036, re: Consider approval of City's insurance renewal 3 4 Motion by Councilmember Faust to approve the Consent Agenda items. 5 6 Motion carried unanimously. 7 8 V. PUBLIC HEARINGS. 9 None. 10 11 VI. REPORTS FROM COMMISSIONS AND STAFF. 12 A. Planning Commission—May 20 2003. 13 1. Ordinance 2003-003, re: Pawnbrokers. 14 Planning Commissioner Joel Stromgren stated the ordinance had been discussed over a period of 15 three or four months. There had been no comment at either public hearing. The Planning 16 Commission had approved both the ordinance change and the conditional uses amendment. 17 18 Councilmember Sparks asked if it was correct that there would be no sale of firearms at either 19 store. Mr. Gilligan said it was correct that there would be no sale of firearms at either store. 20 21 Motion by Councilmember Sparks to approve First Reading of Ordinance 2003-003 re: regulate 22 pawnbrokers; adding section 566 to the St. Anthony City Code. 23 24 _Motion carried unanimously. 25 26 2. Ordinance 2003-004, re: Secondhand dealers. 27 Planning Commissioner Stromgren noted there was a difference in the legal definition between 28 pawnbrokers and secondhand dealers. However, many of the concerns were similar. 29 30 Councilmember Sparks asked if the ordinances were conservative. Mr. Gilligan responded that 31 the City was being very careful. He added that other cities had been observed, and some cities 32 regulated these activities more than others. However, he felt the trend was for more regulation. 33 34 Motion by Councilmember Sparks to approve First Reading of Ordinance 2003-004 re: regulate 35 secondhand dealers; repealing current section 565 of the St. Anthony City Code and adding a 36 new section 565 to the City Code. 37 38 Motion carried unanimously. 39 40 3. Ordinance 2003-005, re: Amending; 1635.03 of Zoning Code to allow 41 pawnbrokers and secondhand dealers as conditional uses in commercial districts 42 4. Ordinance 2003-006, re: Amending Chapter 6 of the St Anthony City Code-, 43 establishing fees for the investigation and licensing of pawnbrokers and 44 secondhand dealers. 45 Motion by Councilmember Sparks toadop� Ordinance 2003-005, re: amending Section 1635.03 46 of the Zoning Code to allow pawnbrokers and secondhand dealers as conditional uses in 47 commercial districts, and Ordinance 2003-006, re: amending Chapter 6 of the St. Anthony City City Council Regular Meeting Minutes a; May 28, 2003 Page 3 1 Code; establishing fees for the investigation and licensing of pawnbrokers and secondhand 2 dealers. 3 4 Motion carried unanimously. 5 6 5. Ordinance 2003-007, re: Amending Section 1635.03 of the Zoning Code to allow 7 adult day care centers as conditional uses in commercial districts. 8 Planning Commissioner Stromgren indicated this issue had been discussed at a number of 9 meetings. Considerable background work and evaluation of input had been completed. He 10 stated the Commission had examined examples of complex ordinances and simple ordinances. 11 The Planning Commission had approved a simple one, similar to what Golden Valley was using. 12 Because adult day care centers are so heavily regulated by the State, the Commission felt that 13 there was not much left for the City to address—only a few safety issues at the site. 14 W,- adopt Ordinance 2003-007 re: amending section 1635.03 15 Motion by Councilmember Thuesen 16 of the Zoning Code to allow adult day care centers as conditional uses in commercial districts. 17 18 Discussion: 19 Councilmember Faust thanked the Planning Commission for the work it had done to clean up 20 these issues. He felt their work allowed better regulation of what comes into the City. 21 22 Mayor Hodson added that the Commission's work contained good detail. He felt information 23 had been covered that the City had not envisioned. 24 25 Motion carried unanimously. 26 27 B. Update on City's Engineering Projects. 28 Todd Hubmer, WSB &Associates, Inc., addressed the Council and provided an update on the 29 following projects: 30 31 1. Apache Plaza Environmental Assessment Worksheet. 32 Mr. Hubmer stated that the development plan, at this time, is a comfortable one. He said the 33 Council had been given information that provided a proposed scope of services, a schedule and a 34 resolution for their consideration. Mr. Hubmer stated that it is anticipated that the Environmental 35 Assessment process for the proposed project can be completed by September 2003. 36 37 Councilmember Sparks asked Mr. Hubmer to address how the soil borings were done under the 38 building. She stated a number of previous site surveys had been completed and information was 39 taken from them. 40 41 Motion by Councilmember Horst to adopt Resolution 03-038 re: ordering preparation of an 42 Environmental Assessment Worksheet for Apache Plaza. 43 44 Motion carried unanimously. 45 46 2. St. Anthony Boulevard Street Lighting Improvements. City Council Regular Meeting Minutes L� May 28, 2003 Page 4 1 Mr. Hubmer stated that a meeting had been held on April 29, 2003, to discuss financing 2 alternatives and street lighting improvements for St. Anthony Boulevard. Four alternatives for 3 financing the improvements were discussed with the residents. The residents preferred the 4 financing plan that included 50% of the lighting costs assessed to the individual property owners 5 and the remaining 50% of the cost paid for by the City of St. Anthony Street Improvement 6 Funds. The assessment would be applied to each property on their water and sewer utility bill. 7 They would be billed four times a year for the assessment principle, plus an interest rate equal 8 the rate for the City's street assessments for a period of 10 years. 9 10 Councilmember Horst asked what the catalyst was that created the need for lighting 11 improvement. Mr. Hubmer responded that the catalyst was a meeting put together by residents 12 to discuss the lighting. 13 14 Councilmember Horst asked what the process would be if other residents wished to have this 15 done on their street. Mr. Hubmer responded that discussion had been opened up regarding the 16 type of lighting for all the residents in the City and the type of financing available. 17 Councilmember Horst asked if money was available. Mr. Hubmer responded that there probably 18 was not money available at this time. 19 20 Councilmember Horst indicated that the only issue that had been brought to him was that the 21 50% is money that all the taxpayers will be paying. Mr. Hubmer responded that the bonds would 22 be paid out of the general fund. Councilmember Horst stated that he was trying to understand 23 how this cost would benefit the other residents. 24 25 Councilmember Thuesen responded that this should not be seen as a project for the residents of 26 St. Anthony Boulevard; it should be seen as benefiting all residents. Other residents in the City 27 would benefit from the lighting as they drive or walk through the area. Councilmember Thuesen 28 felt the entire Village would benefit. 29 30 Councilmember Horst stated he did not disagree that it is important the sidewalks have good 31 lighting. He asked if a precedent was being set. Mayor Hodson responded that a special fund 32 had been discussed and was being initiated that addresses consistent lighting for the walking 33 community. 34 35 Mr. Hubmer stated that the funding mechanism for the present issue was the State Aid Fund. He 36 added that the State Aid Funds, at this time, had been encumbered or dedicated elsewhere. He 37 suggested that, when funds become available, the City begin to accrue money toward additional 38 improvements. He stated that the funds would be coming back in smaller amounts, however. 39 40 Councilmember Thuesen stated that, in the future, the City should continue to concentrate on this 41 issue and prioritize lighting for security. Mayor Hodson suggested that information and 42 suggestions could be released in upcoming newsletters. 43 44 Mr. Hubmer stated that fees would be based on the costs of maintenance. He suggested that 45 street utility funds could be used for decorative lighting and increased electrical costs. 46 City Council Regular Meeting Minutes 5 May 28, 2003 Page 5 1 Councilmember Horst asked if there was much objection to this issue. Mr. Hubmer responded 2 there was very little dissension. Councilmember Horst stated that he wanted to make sure that 3 each resident paying had a voice. 4 5 Mayor Hodson responded that he had received a few e-mails indicating opposition; however, the 6 majority of e-mails had been positive. 7 8 Councilmember Thuesen stated that the discussion needed to get past the decorative issue. He 9 indicated it was an issue of adding lighting and greater security to an area of the City. 10 11 Councilmember Horst stated that each resident would be assessed $1,000 whether or not he/she 12 wanted the lighting. He felt there were residents who felt this was optional; yet they would be 13 assessed. He said he agreed with the City; however, he felt the Council needed to be sensitive to 14 the concerns that a tax was being added. 15 16 Motion by Councilmember Sparks to adopt Resolution 03-039 re: ordering street lighting 17 improvements to St. Anthony Boulevard. 18 19 Discussion: 20 Councilmember Faust stated that decorative was something imposed in the ordinance. He said it 21 could be an inflammatory word; however, the discussion was about lighting. He felt safety and 22 cost were the important issues, and a process was needed whereby priorities were established. 23 Councilmember Faust suggested a street lighting plan be implemented and a street utility 24 assessment be completed. He stated he was comfortable to move ahead if the City staff could 25 come up with a plan and establish a street lighting utility. 26 27 Mayor Hodson indicated there was a street lighting plan and agreed that he was comfortable with 28 the staff putting together a lighting utility fund. 29 30 Motion carried unanimously. 31 32 Stephen Weiss, 2513 St. Anthony Boulevard, asked to step forward. He stated he had hoped to 33 speak before the vote. Mr. Weiss said he was in favor of the new lighting; however,because of 34 current economic conditions, he felt it was a bad decision for some of the residents. He stated 35 that the assessed tax would be hard on the residents who were in uncomfortable financial 36 situations. He felt that the improvements in the City had been phenomenal, but he saw this as 37 frivolous at this time. 38 39 3. Wellhead Protection Plan. 40 Mr. Hubmer stated that Phase I of the City of St. Anthony's Wellhead Protection Plan prepared 41 by the Ramsey County Soil and Water Conservation District had been reviewed and submitted to 42 the Minnesota Department of Health. He added that Matt Swanson at Ramsey County had done 43 a good job of putting the information together. Mr. Hubmer said that a meeting would be held 44 on May 29, 2003, with City staff, Ramsey County Soil and Water Conservation District and the 45 Minnesota Department of Health to review the document for final submittal. Following this 46 meeting, revisions to the Phase I plan would be made in accordance with the Minnesota 47 Department of Health comments, and a schedule would be prepared for the completion of Phase City Council Regular Meeting Minutes May 28, 2003 Page 6 1 II. He anticipated a presentation would be made to the Council in mid-June regarding the 2 findings of the Wellhead Protection Plan. 3 4 4. Schedule for Flood Improvements at 4029 Shamrock Drive. 5 Mr. Hubmer stated that based on correspondence and conversations with the Minnesota 6 Department of Natural Resources, the City of St. Anthony would receive $250,000 in flood 7 mitigation improvement money in 2003. He believed the City was eligible for$500,000; 8 however, he also believed that would be the end of the money. Mr. Hubmer said that, when the 9 money was received, it would be targeted for the removal of the home and construction of storm 10 water improvements at 4029 Shamrock Drive. He anticipated a neighborhood meeting would be 11 held in the month of June to discuss the proposed removal of 4029 Shamrock Drive. He stated 12 that demolition costs would be offset if someone paid for the house. In addition, individual 13 letters are to be sent to homeowners who have been identified for the construction of flood 14 proofing improvements. These homes are located adjacent to 4029 Shamrock Drive and in the 15 vicinity of 39t'Avenue, Fordham and Shamrock Drive. 16 17 5. 1&1 Reduction Program. 18 Mr. Hubmer stated that this item is a follow up to discussions concerning the inflow of clear 19 water into the City's sanitary sewer system at the 2003 Goal Setting Retreat. He stated the 20 thinking of those involved was that more aggressive action was needed to reduce those kinds of 21 flows. Mr. Hubmer anticipated discussing a number of alternatives for the Council's 22 consideration at the June l Otb'Council meeting; however, he thought it might be more prudent to 23 move it into the fall sessions when Council business slowed down. 24 25 Mayor Hodson stated that, if this issue were delayed until fall, another three months would be 26 lost. It was possible the City would be penalized if the problem were not corrected. He 27 wondered if there was something that could be done to educate the residents of the City. 28 29 Councilmember Faust asked if the fall date would have any impact. Mr. Hubmer stated the 30 process was going to require a considerable effort by City staff. Inspections would need to be 31 done on homes to make sure they were in compliance with current ordinances. Mr. Hubmer 32 listed some of the things currently being done to reduce I&I. He added that an infrastructure was 33 needed for the development that may be coming. 34 35 Mayor Hodson stated that the present was the time when people were remodeling and building, 36 and he did not want to wait. He felt, if educated, the homeowners could incorporate any changes 37 needed. 38 39 Councilmember Sparks stated that any information placed in the newsletter would need to be 40 understandable. She felt the language should be as basic as possible. 41 42 6. Water Treatment Plant Improvements. 43 Mr. Hubmer stated that alternatives for improving the chemical treatment process at the City's 44 water treatment plant had been prepared and reviewed with City staff. A chemical treatment 45 process was selected and final plans and specifications for the treatment plant improvements 46 were underway. Mr. Hubmer anticipated that the project would be bid this fall with construction 47 occurring over the winter months. City Council Regular Meeting Minutes May 28, 2003 Page 7 1 2 Councilmember Sparks asked what the life of the water treatment plant would be if these repairs 3 were made. Mr. Hubmer responded approximately 30 to 50 years. Councilmember Sparks 4 asked how old the plant was at this time. Roger Larson, Finance Director, stated the water. 5 treatment plant was 45 years old. 6 7 Mr. Hubmer stated that the electronic controls in the plant were being watched. He said that if 8 they break down, it-is difficult to find the parts for repairs. That is why, he felt, a modern control 9 system was needed. Otherwise, he felt the other aspects of the plant were in good condition. It 10 only needed the normal kinds of attention, such as maintenance and painting. 11 12 Councilmember Sparks stated the Council was led to believe that there was at least 20 years or 13 more left in the life of the building. Mr. Momson responded that there was more than one 14 building. 15 16 Mr. Hubmer added that there were a number of buildings. Some of the buildings were in good 17 condition and others had minor concerns. Repairs, such as a new roof, had recently been 18 completed. He felt the condition of the water treatment plant was good once improvements were 19 made. Mr. Hubmer stated that the next improvement that would be needed were iron filters. 20 21 7. Kenzie Terrace Water Main and Sanitary Improvements. 22 Mr. Hubmer stated that plans and specifications for the Kenzie Terrace water main and sanitary 23 sewer improvements were complete. He indicated that discussions were still being held with the 24 Metropolitan Council regarding their concerns associated with the Met Council Meter Station 25 located in the vicinity of Lowry and Harding Streets in Minneapolis. A meeting with the 26 Metropolitan Council is anticipated to discuss the issues associated with the proposed sanitary 27 and sewer improvements in the first week of June. 28 29 Mr. Hubmer stated that, following this meeting, he anticipated the plans would be revised to 30 address the issues presented by the Metropolitan Council and that advertisements for bids would 31 begin at the end of June, with a bid opening in mid-July and construction beginning thereafter. 32 33 Mr. Hubmer stated that a neighborhood meeting would be held in July to discuss the project 34 schedule and a proposed scope of impacts to the residents and businesses adjacent to the 35 proposed improvements. 36 37 8. 2003 Street Reconstruction. 38 Mr. Hubmer reported that Phase 1 of the 2003 Street Reconstruction, which is Edward Street 39 from 33rd Avenue to 34`h Avenue and 34`h Avenue from Stinson Boulevard to Edward Street, was 40 nearing completion. All the utilities had been installed and the road reconstruction work was 41 progressing according to schedule. He also stated that the contractor had requested that the 42 construction schedule be modified. The new schedule anticipated completion of this year's 43 project by the end of August, reducing the construction period by nearly two months. In 44 addition, the contractor had provided assurances to the City that, if the project did not proceed in 45 accordance with expectations, the contractor would cease operations and return to the original 46 construction schedule. Mr. Hubmer anticipated that by moving the construction schedule up two City Council Regular Meeting Minutes May 28, 2003 Page 8 1 months, the duration and inconveniences of construction activities could be reduced to the 2 residents within the project limits. 3 4 Mayor Hodson thanked Mr. Hubmer and stated that he had been very impressed with the layout 5 of the blue flier that had been mailed. 6 7 C. Presentation of City's 2002 Audit. 8 Stuart Bonniwell, CPA, addressed the Council and provided an overview of his 2002 Audit of 9 the City. He stated that the financial condition of the City continues to remain strong. The 10 governmental (operating) funds of the City, consisting of the General Fund, Special Revenue, 11 Debt Service and Capital Project funds, remain healthy. The City's proprietary funds (enterprise 12 funds—liquor and utility) are also financially strong. 13 14 Councilmember Sparks asked if spending on safety was high because it included the Lauderdale 15 and Falcon Heights police contracts. Mr. Bonniwell responded that the expenses have been 16 separated and allocated to those contracts. The dollars had been taken out and not reported as 17 safety expenses. Councilmember Sparks asked if it was not included on the State audit report. 18 Mr. Bonniwell responded that it was not included. 19 20 Mayor Hodson noted that it appeared the City of St. Anthony was financially sound for another 21 year, which continued to reaffirm a competent staff. Mayor Hodson thanked Mr. Bonniwell for 22 the report. 23 24 John Mondati, 3420 High Crest Road, came forward to address the Council. He stated he was 25 concerned about the use of chlorine in the water supply, as he felt there was a risk the chlorine 26 caused cancer. Mr. Mondati suggested the City convert the system to use a different chemical to 27 sterilize the water supply. 28 29 Motion by Councilmember Faust to approve the City's 2002 Audit. 30 31 Motion carried unanimously. 32 33 D. Resolution 2003-040, re: Entering into a Lease Agreement with the HRA. 34 Mr. Gilligan stated this would be a standard lease for this type of facility. The City would be the 35 party constructing the facilities, not the HRA. 36 37 Motion by Councilmember Sparks to adopt Resolution 2003-040 re: authorizing the execution of 38 a ground lease and a Lease Agreement providing for the acquisition, construction and furnishing 39 of a public works facility and a fire station and the lease thereof by the City, and approving the 40 form of a resolution and an official statement. 41 42 Motion carried unanimously. 43 44 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 45 None. 46 47 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. City Council Regular Meeting Minutes May 28, 2003 Page 9 1 Mr. Mornson reported highlights of SAV Stonehouse Development. He stated Stonehouse had 2 been closed May 27, 2003; off sale would be closed August 30, 2003. The fire department 3 would be looking for a temporary location by August 30, 2003, and would be in the temporary 4 location for up to eight months. The property closing with Amcon would be on September 9, 5 2003; therefore, the City would be selling the property, except possibly the piece for off sale. 6 Demolition begins September 15, 2003. Amcon had expressed a desire to place a sign in August 7 that announced the restaurant. The restaurant wished to begin the liquor license process at that 8 time, as 45 days are needed for background checks. In addition, public hearings are needed. Mr. 9 Mornson noted that the liquor license ordinance might need an amendment, as gambling is 10 currently prohibited in the ordinance. He added that the City does not wish to prohibit charitable 11 gambling. Mr. Mornson also noted that bar hours had been extended until 2:00 a.m.; however, 12 each City needed to address that extension. He stated the City Council would need to decide if 13 they wanted the bar hours extended. Councilmember Sparks commented she would like to see 14 this information on the website. 15 16 Mr. Mornson also reported that the City would be closing on the Christen property on between 17 June 23 - 30, 2003. The biggest challenge would be finding a temporary location for the fire 18 station. Several locations were currently being considered. The largest concern would be 19 finding shelter for the fire truck. 20 21 Mr. Mornson noted that one final newsletter was being put together to discuss the excellent 22 interest rate received by the City, the positive impact of the Kenzie decertification to 23 homeowners and the possible tax base from the Stonehouse redevelopment. 24 25 Mr. Mornson stated that six hearings were scheduled for the Planning Commission regarding all 26 the projects that are occurring to Autumn Woods. A public hearing will being held on June 24 27 because the HRA is selling the property. When the HRA owns property, a public hearing must 28 be held. This issue is scheduled to come before the Planning Commission in July. Closing is 29 anticipated in August. He said the land sale should bring the City$255,000, which was 30 $155,000 more than anticipated. He added that the tax base will be larger than anticipated. Fall 31 was the time scheduled for Autumn Woods' construction. 32 33 Mr. Mornson noted that joint work sessions were scheduled with the Planning Commission on 34 June 3, 2003, and with the Park Commission on June 9, 2003. Each meeting will begin at 6:30 35 p.m. 36 37 Mr. Mornson stated that bids were due next week for the revised Silver Point Park building 38 project. These were scheduled for review at the June 10, 2003, Council meeting. 39 40 Mr. Mornson noted that Environmental Assessment Worksheet was approved. It did not need 41 more extensive work; therefore, $30,000 was saved. Cost will be passed on to the developer. 42 43 Councilmember Horst had no report. 44 45 Councilmember Sparks reported that the Mississippi Watershed Management met, and $250,000 46 worth of mini-grants were approved. A decision had to be made regarding grants to be funded. 47 City Council Regular Meeting Minutes 10 May 28, 2003 Page 10 1 Councilmember Thuesen thanked those who brought the visitors from St. Anthony's sister city in 2 Finland to the school program. They came in to talk with the kids about life in Salo in 3 comparison to life in the United States. He thanked Councilmember Faust and all who were 4 involved. 5 6 Councilmember Thuesen also addressed the new conceal and carry law. He suggested this 7 concern be discussed with the Director of Community Services. He stated that kids were in the 8 building for many hours each day. He felt it was important the City get a handle on the new law. 9 He asked if signs were needed or if there were other things the City should be doing. 10 11 Councilmember Faust reported that meetings were being held at Ehlers and Associates with the 12 Blue Ribbon Panel. The last meeting would be June 5. He also noted that he and Mayor Hodson 13 would be meeting with Congressman Sabo regarding the Northwest Quadrant. 14 15 Councilmember Faust also mentioned that a spot had been done on cable television about St. 16 Anthony's sister city in Finland. He also thanked George Marks for putting together programs 17 about the present activities in the City of St. Anthony. Councilmember Faust noted that cable 18 television was a great way of communicating with people. 19 20 Mayor Hodson reported that he had spent a significant amount of time with the Transportation 21 Society. He stated that many transit issues were discussed. He felt the City should take the new 22 technologies available into consideration when redeveloping the Northwest Quadrant. He 23 specifically mentioned the free 511 service, which identifies congestion on a route indicated by 24 the caller. 25 26 Mayor Hodson thanked the Council for an outstanding job. 27 28 IX. INFORMATION AND ANNOUNCEMENTS. 29 None. 30 31 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 32 None. 33 34 XI. ADJOURNMENT. 35 Motion by Councilmember Sparks to adjourn the meeting at 9:16 p.m. 36 37 Motion carried unanimously. 38 39 Respectfully submitted, 40 41 42 Marjorie R. Jenkins 43 Timesaver Off Site Secretarial, Inc. 44 45 Mayor 46 ATTEST: 47 City Clerk 11 Saint Anthony Village DATE: June 10, 2003 Approved: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: License and Permits for Approval: Multiple Dwelling License: Lang-Nelson/Autumnwoods Apartments/2600 Kenzie Terrace Highcrest Manor Limited Partnership/Highcrest Manor/3605 —37h Avenue NE Walker Corporation I/Walker on Kenzie/2626 Kenzie Terrace Kleinman Realty Company/Diamond 8 Terrace/3200-3225 Diamond Eight Terrace Kleinman Realty Company/Lakehill Apartments/3804 Highcrest Road Heating and Air Conditioning License: Foremost Mechanical, St. Paul, MN Heating& Air Conditioning Specialists, Brooklyn Park, MN General Contractors License: Northest Tree, Inc., Minneapolis, MN Residential Heating &Air Conditioning, Minneapolis, MN Associated Mechanical, Shakopee, MN American Sign Company dba: Eagle Sign Company, St. Louis Park,MN BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 06/03/2003 14: Check Register GL540R-V06.54 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 008242 AFFILIATED COMPUTER SERV 20146 06/11/03 145.00 007252 ALBRECHT 20147 06/11/03 53.56 008512 AMERICAN TEST CENTER, IN 20148 06/11/03 435.00 008900 APPLE BUSINESS FORMS, IN 20149 06/11/03 1,584.72 008909 ARCH WIRELESS 20150 06/11/03 21.81 008237 ASPEN MILLS 20151 06/11/03 37.50 000320 BEISSWENGER APPLIANCE 20152 06/11/03 9.57 007157 BROCK WHITE COMPANY, LLC 20153 06/11/03 37.00 007386 CASTLE INSPECTION SERVIC 20154 06/11/03 3,791.45 008950 COMCAST 20155 06/11/03 4.66 004.107 COMPTON'S COMMERCIAL CLN 20156 06/11/03 3,860.63 000741 CONNELLY ELECTRONICS 20157 06/11/03 144.40 000800 DAVIES WATER EQUIP CO. 20158 06/11/03 9.36 004110 DICKSON ELECTRIC 20159 06/11/03 428.00 007371 DISCOUNT STEEL, INC. 20160 06/11/03 688.23 001411 DON HARSTAD CO. , INC. 20161 06/11/03 435.07 000820 DORSEY & WHITNEY 20162 06/11/03 15,309.25 008921 DYNAMEX 20163 06/11/03 15.95 008666 EASYLINK SERVICES CORPOR 20164 06/11/03 101.50 008825 ED M. FELD EQUIPMENT CO. 20165 06/11/03 911.00 .00002 EMERGENCY AUTOMOTIVE 20166 06/11/03 44.00 00001 EZZELL/MARGARET 20167 06/11/03 58.21 008153 FILTERFRSH 20168 06/11/03 57.48 008221 FOSTER,WENTZELL,HEDBACK, 20169 06/11/03 5,000.00 008647 FRATTALLONE'S HARDWARE 20170 06/11/03 75.04 001030 G & K SERVICES INC 20171 06/11/03 447.04 00003 GAST/SCOTT 20172 06/11/03 48.41 001165 GOODALL RUBBER CO 20173 06/11/03 11.27 001180 GOODIN COMPANY 20174 06/11/03 41.95 008709 HALL/SUSAN M.H. 20175 06/11/03 37.80 008944 HENN CNTY INFO TECH DEPT 20176. 06/11/03 1,650.58 005017 HENNEPIN COUNTY TREASURE 20177 06/11/03 631.00 008699 HEWITT/JOEL 20178 06/11/03 29.28 008252 HOME DEPOT-GECF 20179 06/11/03 118.61 008658 INSTRUMENTAL RESEARCH, I 20180 06/11/03 679.70 008891 INTER-TEL TECHNOLOGIES 20181 06/11/03 43.64 .00004 LEE'S CLEANERS & LAUNDRY 20182 06/11/03 25.68 002040 LILLIE SUBURBAN NEWSPAPE 20183 06/11/03 108.87 005135 LUNDEEN/RICHARD 20184 06/11/03 32.67 00005 MAXIMUS 20185 06/11/03 400.00 008263 MCLEOD USA, INC. 20186 06/11/03 1,788.33 008455 METRO ATHLETIC SUPPLY, I 20187 06/11/03 37.98 007835 METROCALL 20188 06/11/03 23.27 002240 METROPOLITAN COUNCIL 20189 06/11/03 35,550.67 002280 MIDWEST ASPHALT CORP 20190 06/11/03 25.00 007308 MIDWEST SPECIALTY SALES 20191 06/11/03 67.11 007340 MINNEAPOLIS FINANCE DEPT 20192 06/11/03 500.00 007131 MINNESOTA DEPT OF HEALTH 20193 06/11/03 23.00 x`89 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 06/03/2003 14: Check Register GL540R-V06.54 PAGE 2 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 008269 MINNESOTA SHREDDING LLC 20194 06/11/03 54.95 008808 MN CITY COUNTY MGMT ASSO 20195 06/11/03 167.00 008074 MN POLLUTION CONTROL AGE 20196 06/11/03 23.00 008430 MPLS DEPT OF HEALTH-FAMI 20197 06/11/03 73.00 002395 MTI DISTRIBUTING, INC 20198 06/11/03 168.22 007159 NAPA AUTO PARTS 20199 06/11/03 8.39 .00002 NATIONAL CAMERA EXCHANGE 20200 06/11/03 266.20 00001 NATIONAL RECYCLING, INC. 20201 06/11/03 2,778.44 008959 NORTH SUBURBAN ACCESS CO 20202 06/11/03 163.69 005176 NORTH SUBURBAN COMMUNICA 20203 06/11/03 280.60 008350 NORTHERN TOOL & EQUIPMEN 20204 06/11/03 70.84 000045 OFFICE DEPOT 20205 06/11/03 192.45 008327 P.G.S. INDUSTRIES 20206 06/11/03 40.00 008528 PACE ANALYTICAL SERVICES 20207 06/11/03 285.00 008631 PARTS PLUS ROSEVILLE 20208 06/11/03 36.59 008851 POWERPLAN 20209 06/11/03 112.86 007057 PRAXAIR 20210 06/11/03 85.52 008957 PROTECTION PRODUCTS INC. 20211 06/11/03 307.33 008611 PTS TOOL SUPPLY 20212 06/11/03 12.78 008839 SECOND NATURE LAWN AND 20213 06/11/03 2,100.00 008214 SNYDER DRUG 20214 06/11/03 18.08 008958 ST. ANTHONY HRA 20215 06/11/03 1, 906.00 001810 ST. ANTHONY VILLAGE KIWA 20216 06/11/03 73.00 002630 SUN TURF 20217 06/11/03 234.91 003260 T A SCHIFSKY & SONS 20218 06/11/03 182.12 008700 TC WEB TECH 20219 06/11/03 826.00 .00006 THE STOCK HOUSE, INC. 20220 06/11/03 52.74 008908 THOMPSON HOMES, INC. 20221 06/11/03 123,938.81 007337 TIMESAVER OFF SITE SECRE 20222, 06/11/03 501.75 003560 TRACY PRINTING 20223 06/11/03 70.30 008561 UNITED RENTALS COMPANY 20224 06/11/03 67.17 008270 UNITED STATES POSTAL SER 20225 06/11/03 600.00 008227 VERIZON WIRELESS, BELLEV 20226 06/11/03 706.24 003700 VIKING INDUSTRIAL CENTER 20227 06/11/03 10.34 004494 WASTE MANAGEMENT - BLAIN 20228 06/11/03 268.49 00003 WILLIAM KROLL & ASSOC 20229 06/11/03 450.00 008919 WINGFOOT COMMERCIAL TIRE 20230 06/11/03 69.16 000830 ZEE MEDICAL SERVICE 20231 06/11/03 322.46 BREMER BANK NA 213,104.68 *** BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 06/04/2003 07: Check Register GL540R-V06.54 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 008800 BREMER BANK NA 22471 05/31/03 15,000.00 008800 BREMER BANK NA 22472 05/31/03 5,000.00 008716 SCENE/THE 22473 05/31/03 130.00 004250 LUNDGREN/MATTHEW H. 22474 05/31/03 180.00 008800 BREMER BANK NA 22475 05/31/03 8,000.00 008770 PORTER/WILLIAM 22476 05/31/03 70.00 .00001 ANDREW LEWANDOWSKI 22477 05/31/03 250.00 008800 BREMER BANK NA 22478 05/31/03 8,000.00 008800 BREMER BANK NA 22479 05/31/03 15,000.00 008716 SCENE/THE 22480 05/31/03 130.00 004250 LUNDGREN/MATTHEW H. 22481 05/31/03 180.00 008800 BREMER BANK NA 22482 05/31/03 5,000.00 002680 XCEL ENERGY 22483 05/31/03 2,203.66 008800 BREMER BANK NA 22484 05/31/03 5,000.00 008800 BREMER BANK NA 22485 05/31/03 15,000.00 008716 SCENE/THE 22486 05/31/03 130.00 004250 LUNDGREN/MATTHEW H. 22487 05/31/03 180.00 004250 LUNDGREN/MATTHEW H. 22488 05/31/03 180.00 008716 SCENE/THE 22489 05/31/03 130.00 008800 BREMER BANK NA 22490 05/31/03 15,000.00 008800 BREMER BANK NA 22491 05/31/03 5,000.00 LIQUOR CHECKING ACCOUNT 99,763.66 *** I BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 06/04/2003 08: Check Register GL540R-V06.54 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 008216 A T 6 T WIRELESS SERVICE 22096 06/11/03 79.91 008311 ALL SAINTS BRANDS DISTRI 22097 06/11/03 73.00 004014 ALLIED PAPER CO. 22098 06/11/03 62.50 004015 AMERIPRIDE LINEN 22099 06/11/03 207.01 008794 ARCTIC GLACIER INC. 22100 06/11/03 1,099.48 004293 BELLBOY CORP. 22101 06/11/03 1,145.37 008827 BLACKEY'S BAKERY 22102 06/11/03 137.07 004065 CENTRAL LOCK 6 SAFE CO 22103 06/11/03 370.64 004080 CHISAGO LAKES DIST. CO., 22104 06/11/03 2,658.20 004095 COCA COLA BOTTLING 22105 06/11/03 1,290.25 004120 EAGLE WINE CO 22106 06/11/03 938.82 004125 EAST SIDE BEVERAGE CO 22107 06/11/03 51,302.00 004135 ELECTRO WATCHMAN INC 22108 06/11/03 169.34 001030 G 6 K SERVICES INC 22109 06/11/03 305.24 004172 GRAPE BEGINNINGS, INC. 22110 06/11/03 467.00 004175 GRIGGS COOPER 6 CO INC 22111 06/11/03 3,705.87 004207 HOHENSTEIN'S, INC 22112 06/11/03 4,733.50 004220 JOHNSON BROTHERS LIQUOR 22113 06/11/03 4,875.46 004230 KUETHER DISTRIBUTING CO 22114 06/11/03 54,517.30 008815 LIGHTADOT NEON 6 GLASSWO 22115 06/11/03 850.00 002040 LILLIE SUBURBAN NEWSPAPE 22116 06/11/03 230.00 004265 MARK VII SALES INC 22117 06/11/03 35,368.66 008263 MCLEOD USA, INC. 22118 06/11/03 671.29 008883 NEW FRANCE WINE COMPANY 22119 06/11/03 1,075.00 004345 OLD DUTCH FOODS INC 22120 06/11/03 76.56 004354 PAUSTIS 6 SONS 22121 06/11/03 1,052.00 004355 PEPSI COLA COMPANY 22122 06/11/03 265.60 004360 PHILLIPS WINE 6 SPIRITS 22123 06/11/03 4,260.65 004361 PINNACLE DIST. 22124 06/11/03 1,626.35 004372 PLUNKETT'S 22125 06/11/03 157.72 004376 PRIOR WINE CO 22126 06/11/03 1,749.91 008787 PROMOTIONAL PAGES, INC. 22127 06/11/03 300.00 004385 QUALITY WINE CO 22128 06/11/03 4,521.34 008152 TIRES PLUS OF APACHE 22129 06/11/03 136.32 008270 UNITED STATES POSTAL SER 22130 06/11/03 100.00 008507 US FOODSERVICE 22131 06/11/03 1,050.43 008888 VALPAK OF MINNEAPOLIS-ST 22132 06/11/03 1,625.00 004494 WASTE MANAGEMENT - BLAIN 22133 06/11/03 356.63 008310 WINE MERCHANTS INC 22134 06/11/03 1,786.58 LIQUOR CHECKING ACCOUNT 185,398.00 *** 1 16 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: Pawnbrokers/Secondhand Dealers Overview: On May 20 2003 the-Plannin Commission will hold a public hearing to amend Section Y � 9 P 9 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. 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. 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. Findines 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. 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 per_son, 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 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 IDENTIFIER: 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 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 IDENTIFIER: 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 (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 famish information as to the time,place, and offense for which convictions were had. 4 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 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 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. 6 566.05. Application Execution. All applications for a license under this Section shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation,by an officer thereof; if that of a partnership,by one of the general partners; and if that of an unincorporated association,by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 566.06. 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 7 566.05. Application Execution. All applications for a license under this Section shall be signed and sworn to. If the application is that of a natural person,it shall be signed and sworn to by such person; if that of a corporation,by an officer thereof;if that of a partnership,by one of the general partners; and if that of an unincorporated association,by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 566.06. 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 7 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. 8 (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 Inelip-ible for a License. A. No license under this Section shall be issued to an applicant who is a natural person if. (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 9 (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 IneliOble for a License. A. No license under this Section shall be issued to an applicant who is a natural person if. (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 9 (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 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 10 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 11 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 11 (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, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be 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. 12 (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 furnish it to the Police Department upon request. (9) Digitized photographs. Effective sixty(60) days from the date of notification by the Police Department licensees must fulfill the color photograph requirements in subsection 566.12(A)(8) by submitting them as digital images, in a format specified by the 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 13 (8) The licensee must also take a color photograph or color video recording of. (a) Each customer involved in a billable transaction. (b) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the Chief of Police, or the chief s designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a-video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months, and furnish it to the Police Department upon request. (9) Digitized photographs. Effective sixty(60) days from the date of notification by the Police Department licensees must fulfill the color photograph requirements in subsection 566.12(A)(8) by submitting them as digital images, in a format specified by the 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 13 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 14 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. 15 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. 15 (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.eriod. 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 Propert y. (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 chief s designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the 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 chief s 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. 16 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 17 i 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 17 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 Section regarding record keeping and reporting shall apply to oversized items. All property shall be stored in compliance with zoning and/or fire regulations and in an orderly manner. The premises shall also be equipped with an operational security alarm. 18 566.13. 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 convect 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. Payment by Check: Payment of more than Two Hundred Fifty Dollars ($250.00)by a licensee for any article deposited, left,purchased,pledged or pawned shall be made only by a check, draft, or other negotiable or 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$5o.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)(8), 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. 19 566.13. 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. Payment by Check: Payment of more than Two Hundred Fifty Dollars($250.00)by a licensee for any article deposited;left,purchased,pledged or pawned shall be made only by a check,draft,or other negotiable or 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)(8), 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. 19 . 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 CRIlAE. (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. 20 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 Rewdina 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' 21 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' 21 notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker. The notice may be served upon the pawnbroker personally or by United States mail addressed to the most recent address of the business in the license application. 566.18. Penalty. Violation of'any provision of this Section shall be a misdemeanor. 566.19. Severability. Should any provision of this Section be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other than the part declared invalid. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 2: This ordinance will become effective as of the date of its publication. First Reading: May 28, 2003 Second Reading: June 13, 2003 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin 22 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 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. 2 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. 2 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. 3 565.05. 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 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; 4 565.05. 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 for_m 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 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; 4 (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; 5 (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. 6 (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. 6 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 maybe 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. 7 565.09. 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. i 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. 8 565.09. Renewal Aunlication. 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. 8 (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. A. No license under this Section shall be issued to an applicant who is a natural person if. (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 9 (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 impossible to conduct a background or financial investigation due to the unavailability of information; or 10 1 (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 impossible to conduct a background or financial investigation due to the unavailability of information; or 10 , (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 11 (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. 12 (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. 12 (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 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 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 (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. 15 565.18. 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 chief s 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. 16 565.18. 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 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 chief s 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. 16 565.21. 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 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 fording 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 D. Penaljy 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. Penal Violation of any provision of this Section shall be a misdemeanor. 18 565.25. Severabilitv. Should an provision of this Section be declared b a court of competent jurisdiction to YP Y P J 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. Section 2: This ordinance will become effective as of the date of its publication. First Reading: May 28, 2003 Second Reading: June 13, 2003 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin 19 1� CITY OF ST. ANTHONY ORDINANCE 2003-005 AN ORDINANCE AMENDING SECTION 1635.03 OF THE ZONING CODE TO ALLOW PAWNBROKERS AND SECONDHAND DEALERS AS CONDITIONAL USES IN COMMERCIAL DISTRICTS 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 will become effective as of the date of its publication. First Reading: May 28, 2003 Second Reading: June 13, 2003 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin CITY OF ST. ANTHONY ORDINANCE 2003-006 AN ORDINANCE AMENDING CHAPTER 6 OF THE ST. ANTHONY CITY CODE; ESTABLISHING FEES FOR THE INVESTIGATION AND LICENSING OF PAWNBROKERS AND SECONDHAND DEALERS 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 will become effective as of the date of its publication. First Reading: May 28, 2003 Second Reading: June 13, 2003 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin i 19 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 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. Z® i CITY OF ST. ANTHONY ORDINANCE 2003-007 AN ORDINANCE AMENDING SECTION 1635.03 OF THE ST. ANTHONY ZONING CODE TO ALLOW ADULT DAY CARE CENTERS AS CONDITIONAL USES IN COMMERCIAL DISTRICTS 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 use as a permitted conditional use within a general commercial district (C District); (y) Adult Day Care Centers, licensed under Minnesota Statutes, Chapter 245A and Minnesota Rules, Sections 9555.9600 to 9555.9730. Section 2: This ordinance will become effective as of the date of its publication. First Reading: May 28, 2003 Second Reading: June 13, 2003 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 042 A RESOLUTION APPROVING CONSTRUCTION OF A NEW RESTROOM BUILDING AT SILVER POINT PARK WHEREAS, the City Council desires construction of a new restroom building at Silver Point Park; and WHEREAS, bids for said project were accepted, reviewed, and a recommendation was made by SEH, Inc. as follows: • Romtec (for pre-engineered building) $75,000 • Sandness (for installation of pre-engineered building) $72,195 and Performance and Payment Bond • Gopher State (for installation of pre-engineered building) $99,620 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby awards the bid for construction of a new restroom building at Silver Point Park as follows: • Romtec (for pre-engineered building) $75,000 • Sandness (for installation of pre-engineered building) $72,195 and Performance and Payment Bond Total $147,195 Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 06/05/03 08:38 FAX 320 229 4301 SEH 01002/003 1200 25th Avenue South, P.O. Box 1717, St, Cloud, MN 56302-1717 320.229.4300 320.229..'-_. .. architecture - engineering ertvironmentad transportation Julie 4,2003 RE: St.Anthony Village 2003 Silver Point Park Building SEH No.A-SANTR0302.00 14 Jay Hartman Director of Public Works St.Anthony Village 3301 Silver Lake Road St-Anthony,MN 55418-1699 Dear Mr_ Hartman: Bids were opened at 2:00 p.m. on June 3, 2003, for the above-referenced project. The low bid was submitted by Romtec for Contract 1 (pre-engineered building) and by Sandness Construction for Contract 2 (installation of pre-engineered building). A complete tabulation of bids is enclosed. In my opinion, both of these bidders are responsive/responsible bidders, and I recommend award to them based on the following bids: Contract 1: Romtec -$75,380 Contract 2: Sandness -$70,320 Further, I recommend accepting the Alternate on Sandness's contract for performance and payment bonds, increasing their contract price to $72,195. Even with this increase in contract price, the bid is below the estimated cost of$75,000. I will process the Owner/Contractor Agreement when I receive confirmation from you that the City Council has approved the submitted bids. Please contact me if you have any questions. Sincerely, r o Bradley E. Forbrook, AIA Project Manager sl Enclosure piptlsna�h10304.00166W�1�-recpmmend bld.doe Short Elliott HendHokson Inc. Your Trusted Resource Equal Opportunity Employer 06/05/03 08:38 FAX 320 229 4301 SER 23 law .Ago] MMMMMEMMM BID TABULATION New Restroom Building Silver Point Park, St. Anthony Village, MN SEH No. A-SANTH0304.00 BIDS DUE: Tuesday, June 3, 2003 at 2:00 p.m. CONTRACTOR BASE BID ALTERNATE BASF,BID ALTERNATE BID CONTRACT 1 CONTRACT 1 CONTRACT 2 CoNmAcr 2 SECURM Romtec $ 75,380.00 -- Sandness Construction Yes $ 70,320.00 $ 1,875.00 Yes Gopher State Contractors $ 99,620.00 — Yes Alternate:Performance.and Payment Bond Architect Estimate: Contract 1: $75,000 Contract 2: $75,000 sl F.UMSA1N7TM20C.W6-bidgl6fd oh_dcc JUN-05-2003 11:45 WSB & ASSOCIATES 7635411700 24 WSB &Associates,Inc. June 5, 2003 The Honorable Mayor,City Council and Staff City of St. Anthony Village 3301 Silver Lake Road NE Minneapolis, MN 55418-1603 Re: Reduction of Clear Water Flow-In for Sanitary Sewer Systems St. Anthony Village,MN r? WSB Project No. 1065-57 Dear Mr. Mayor City Council and Staff The purpose of this letter is to discuss the options available to reduce clear water flows into the '... sanitary sewer system. By way of background,clear water in the Village is primarily groundwater which is directed into the sanitary sewer through foundation drains and sump pumps from private residences. Clear water flows cause the sanitary sewer system to backup into basements causing damage to properties and increasing the cost of sanitary sewage treatment. Foundation drains and sump-pump discharges from private residences should be disconnected from the sanitary sewer line and redirected to the storm sewer system to prevent damage to residents and to reduce the overall sanitary sewer treatment costs. The Village has completed a number of activities to reduce the flow of clear water into the sanitary sewer system. These activities include: 1. Mandatory inspection and disconnection of illegal foundation and sump-pump connections at the time homes are sold. 2. The Village has completed a City-wide educational program. This program included mailing brochures describing the problem,presenting solutions, and provided a contact at City Hall which would assist them with an evaluation of their property. This educational program is also conducted each year at the public information meetings associated with the street reconstruction projects. 3._ Since 1999 the Village has reconstructed nearly 17,000 lineal feet of sanitary sewer, a_nd_ _ all manholes within the City street reconstruction projects. Furthermore, the City has completed flood improvements which have reduced the occurrence of street and home flooding, which in the past has contributed to clear water flows into the sanitary sewer. 315®bts3i In 2002,the Village received information from the Metropolitan Council concerning an increase Aemorle'Highway in the rates to the sanitary sewer treatment charges due to the large volume of clear water in the iuite 3oa:: sanitary sewer flows. St. Anthony Village has increased its water rates to cover these direct expenditures. As a result of these cost increases and continued backups,the Village desires to vlinneap04. : reduce the quantity of clear water entering the sanitary sewer system. To achieve this goal,a Ainnesota number of options are available. Several options are provided below for your consideration: 511422 r63 5418©4. F:\WPWIN\1065-57\060403 Mayor City Staff.doe 763541+700 FAX Minneapolis • St. Cloud Equal Opportunity Employer JUN-05-2003 11:46 WSB & ASSOCIATES 7635411700 P.R.7 The Honorable Mayor, City Council and Staff 5 City of St.Anthony Village June 5,2003 - Page 2 of 2 1. Continue mandatory inspections and disconnection of foundation drains and sump pumps from the sanitary sewer system of all homes at point of sale.. 2. Complete door-to-door inspections to identify and require the disconnection of foundation drains and sump pumps from the sanitary sewer. Modify the City's utility rates to include penalties for residents who are in nonconformance with the City's ordinance regarding discharge of foundation drains and sump pumps to the sanitary sewer. These penalties should be significant enough to discourage residents from maintaining illegal systems and to compensate the City for additional treatment costs incurred by the presence of these systems in private homes. To be excluded from the penalties,residents would need to provide proof, either through a licensed plumber or a City inspector, that their home is in conformance with the City's ordinance. 3. Continue the educational program through the use of the City's newsletter, cable access, and the continued efforts at each year's street reconstruction project to alert residents to the issues associated with clear water flow into the sanitary sewer system. 4. The Village could establish a grant program which would assist residents in the costs to disconnect foundation drains from the sanitary sewer. It is estimated that the cost to disconnect foundation drains is in the range of$1,500 to $2,000 per household. I will be available at your June 10, 2003, Council Meeting to discuss these alternatives with you. If you have any questions,please call me at 763-287-7182. ' Sincerely, WSB &Associates,Inc Todd E. Hubmer,P.E. Associate F:\WPWrMl065-57\060403 Mayor City Staff.dor- TOTAL P.03 26 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 041 A RESOLUTION APPROVING A TEMPORARY LOCATION FOR THE ST. ANTHONY FIRE DEPARTMENT WHEREAS, the City of St. Anthony intends to build a new building to house the St. Anthony Fire Department; and WHEREAS, proposals were received for the temporary housing of the Fire Department for the period of construction of the new building; and WHEREAS, said proposals were reviewed as to housing capabilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves temporary relocation of the Fire Department to Construction 70 at a cost of $55,500, as recommended by the Fire Department personnel. Adopted this day of 12003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 27 INTEROFFICE MEKO NDUM 1 TO: MICHAEL J.MORNSON FROM: JOEL A.HEWITT 1 SUBJECT: FIRE STATION RELOCATION COSTS COMPARISO DATE: 6/4/2003 CC: Background: Having to vacate our station facilities by September 1,2003 to facilitate the Amcon redevelopment. We have investigated several options to accommodate fire department operations for the period our new facility is constructed.The tentative construction schedule calls for construction to begin on our facility August 13,2003 and have a move in date of May 31,2004. We have calculated costs associated with the temporary relocation for the period of ten months beginning August 1,2003 and to conclude May 31,2004.The sites and cost are as follows,a breakdown of anticipated costs are attached. American Monarch Building located just west of Silver Lake Road on 37th.We would lease warehouse space for the apparatus,move a furnished manufactured home on site.We would also rent a storage POD for our famishing and supplies. Cost: $65,954 Ber er located just west of Public Works,we would move the manufactured home on site,purchase the Salt Storage building to be used with the new Public Works operation.The salt storage building could be modified to be lighted and heated to house the apparatus. Costs would include the initial construction or setup of the building and then to relocate it to the Public Works site once we move to our new facility. Cost: $37,954 Other Fire Departments have been contacted to house our first out Engine and our duty crew.We would then have to house our three remaining apparatus at Public Works,which would create a hardship on them for storage space during their construction phase.We have offered$1000 a month to offset any costs for having us in their facility.If we relocated to New Brighton or Columbia Heights our response time would increase 3 to 5 minutes on average,from our 2 minute 35 second response we now have.This may open us to a liability risk if response is delayed to a critical incident Cost•. $13,000 Construction 70 building located in the south industrial park can accommodate our complete operation without renting the manufactured home and off-site storage.We will have to make one modification to the building in constructing a new overhead door,which will be constructed for cost. This is basically a turnkey site for the department offering space for all our apparatus sufficient parking and nice living conditions. Cost. $55,500 Recommendation: We recommend to the City Councl7 to best house our operation,malnta>ning our quality of services to the community and provide our&re£tghters an acceptable living quarters. To temporarily relocate to the C70 site.At an estimated cost of$5.5,900. If I may provide you any additional information on the recommended site or any of the other sites please call on me. Thank you. 2 Fire Department Temporary Housing Costs Ten Month Relocation Monarch Berger Other Fire C70 Lease Costs 40,000 - 12,000 55,000 Trailer Costs 23,955 23,955 - _ Off-Site Storage 1,999 1,999 1,999 Temporary Building 12,000 Total 65,954 37,954 13,999 55,000 N St. Anthony Village 30 Stonehouse Redevelopment Preliminary Time Line May 27, 2003 June 2003: Braun Intertec completes asbestos survey, inclusive of roof samples June 2,2003: Pre-Redevelopment Agreement sent to Amcon for execution June 9,2003: Amcon submits update proforma to Ehlers June 9, 2003: Determination made if TIF District is feasible June 10,2003: Submit application to Planning Commission for preliminary site plan review (15 copies— 11 X 17 of site layout and elevations to date) June 10,2003: Project Team meeting at 10:00—Ehlers Office June 16,2003: Determination of construction costs related to the new Liquor Store June 17,2003: Planning Commission Preliminary Site Plan Review—7:00 p.m. June 17,2003: Submit final plans (civil, building, grading, landscaping, etc) to City for Planning Commission and City Council review in July June 19,2003: Ehlers to submit staff recommendation to City Council on preferred redevelopment option and financial overview June 24,2003: Project Team meeting at 10:00 a.m.—Ehlers Office June 24,2003: Review and approval of selected option for redevelopment,by City Council June 30,2003: Final determination of property to be salvaged fro n,development June-July 2003: Finalize negotiations/terms of Redevelopment' June 24, 2003: City Council Preliminary Site PlanA3Zeview July 8, 2003: Project Team meeting aY 10:00 a.rq Ehlers Office :; j8 July-Oct 2003: Submit application for 4quor licen!0ifor nbw restaurant and approval by City Conci July 2003: Send outbids for asbest-Wabatementfm commence p late August, early September July 11, 2003: Dd s'ey finalizes draft#of Development Agreement 1 =. r July 15 2003: Planning commission Fin aSite P1anaReview, CUP and variance approval - n`9 . ' Jul 17 2003: = 1. Ehlers sAinits staff-6commbndatio for approval of Development Agreement Y , fr . vl!� rr July 22, 2003: PrtrjctIeam meeting at 10 00_.a:m —Ehlers Office July 22, 2003: ' r - Cit�Coun1 FinaSite Plan Review, CUP and variance approval July 22, 2003: 3. Approval o eevelopment Agreement by City Council—7:00 p.m. July 23,2003: Amen signage can be placed upon the site previewing the new development September 8, 2003=?` Property closing transaction(both SAV I and Fire Station have relocated) September 9,20d-.4-.:-. .'f T Begin asbestos abatement September 15,2D03 Begin demolition/construction March 2004: Project completed 22 a.,�.2a♦a aa., 2,2,2,2,2„,,ai,,a ♦, a2kkk2:`ar?2•:v 2i...,:`:2k2k2i,?k`ai?ta,,yh,...i,a,,,.,,,a ,„,♦;,,♦a,a,,,,,,,a,,,,>, ,,,,,,,,,,,, ,,,,,, . $xk"';'�ai"�tii-` ,;;.;♦k♦22��c`��.2 :^i;.` ••2;kj;::ii,>,»\,,,,,,,,,♦♦„♦,,,t a\: `',,,•,,•,•,•v2•.2.,ik ,•.L.,.,•...�,.J,•. ,••.,•.,....>>a`a. ,.,, ,,,,,,,,, „, 0 ..2 � 2kk:♦•.,•.,•.•. 2.,.2\•.v.2.2.2,ia.v..,.:,..,..2..,:...•.,•,..,?,..2»....a. a�.a a\a,, ,a,,,,♦„»i, „»„2', 2, ,2' \.,.,.,.,.2.,2.,..,.., .`.♦. „tz,..:v.♦..,..:, ♦,,av♦a,,,.. o•v,a,a,,,,,„♦,,,,,♦♦,,,, ,,,, ♦, .,t.,,2,, 2 Y,.,,♦,\, k 2 2. i., .r,...... ...a.,t.,,.a,,a,,,,,♦♦i,,,,,,, t,♦.k,,,♦♦ A 2... ..,,:2•..\.. a,a .Y��.� „,,, , .,,,,,,,,,,♦ .,.,..,..,..,..„ .,.,.,,,.i ..:..... ...S 2„♦♦„2♦»+�,, ,:,•..•.,„:JL•.,•.v.22N a„a a,,,>,ay,,,.,a,,,a,,,♦ ,,, 22.f° .,. »,;i �.2•, •.,�. ..♦a,. .,,2,. t• ktr,,, ,♦2t„�'�♦„ »i„♦,,\�. .?rx .x:,. .,>,.,,,., \„i., i,,,�t<3 2C„ „i„ ,.2..2.,. ,•.a. , .aw:`a b. ,ti: .,2;i• .i2i \ ..2�,• at`a.a .`.., ♦t.t♦\,. „�`,., „\. ,?,.♦ `a3 zz2: :•`.\2\. } ,i»�,^, „ L.`v ..b`:• k.,.♦.,.,.,.. t2kk,`•`v ....,:22k. .. ....a.......,♦„i,,,,,♦♦,,,, t ,i,.,. ,:2• ♦.,....•.,.,•.,•.A... ..£ .. r .,•.., a 8>. ^2 R.\:` <:1''v'c •v ,:,•`:.•`. ,.I „♦a,:i ,.., 2:.,.,.,.♦.♦.,.,.♦�.,.,.,,.•.,•.2•.,•.,•.,•.v.•.»,+`.•.,•.>,2 .v.v..•..:`.•�t......♦».,:,,,.... .,,,,,..a:,,2.a♦,»»»»i 2\»;2,? ,,,,,,,fit,;,,» kk S4.♦. D C.J:42> >,,222kk•`.2•:2iAik:•:2•:k\)......:....a ia2,\2,2;2a�,.,a,a.a..,<.a,�a,,,a,,,a.,M{;2;::22.^;:;2kk: ;2 k;:'itk i222:i .,•.2• ..,•,v.,,v.2•.,•.,•,,•.#:`aiay2 ...,•: ,• ..�♦ .......:..::.:........::.:......... ,,.,..,,.tt2.,.,:,.,.♦.,�.,♦,,.,•.,•.2•.,�.r....,..,r.a.♦�.,•.•,•.,ssaza:?22ar.>var22>`:k>2,2"�:2a 2 z••z 2 �.'a 2 22 2j i.i'2 .:ii.♦ 2 •. Ft' r. t e:.S. t� z>.:;.:: > .., ? 2... ,.:2,. kki;2 ;:k.i:2 ;�` < `2 •.;;,2..♦ ... .:.:,... ♦...,♦.. ,v. 1190 Oertel Architects- Design Phase 22MAY03 15AUG03 `'`' ' ' `'=' {= Oertel Architects-Design Phasa 1410 Planning Commission Design Review 17JUN03 17JUN03 I Planning Commission Design Review 1420 Conditional Use Permit Public Hearing 15JUL03 15JUL03 IC, nditional Use Permit Public Hearing :: : 1430 City Council Design Approval 22JUL03 22JUL03 ? City Council DesignApprovat : : : . 1380 Bid Date-Structural Steel 05AUG03 05AUG03 I Bid Date-Structural Steel : : . . . : 1381 Bid Date-Site Package 05AUG03 05AUG03 : : I Bid Date-Site Package: : 1385 City Council Approval -Site/Steel Packages 12AUG03 12AUG03 : : 1City Council Approval-Site/Steel Packages : . 1415 Site Construction Phase = 13AUG03 23SEP03 . : : : = Site Phase 1382 Bid Date- Building Package 16SEP03 16SEP03 I Bid Date-Building Package ; . . . . . . . . . . .1395 Ci Council Approval - Building Package 23SEP03 23SEP03 City Council Approval-Building Package : : . . . . . ; 1405 Bwldtn Construction Phase > »0 3 28 MAYO 4 1425 - » Owne r Move-•o 31 MAY04 31 MAY04 : . . . . . . Ow ild n i kbi c Works 777777777� X... 1195 Oertel Architects- Design Phase 22MAY03 22AUG03 '< : ":'>` Oertel Architects-Design Phase 1416 Planning Commission Design Review 17JUN03 17JUN03 I Planning Commission Design Review_ 1386 Bid Date-Structural Steel 07AUG03 07AUG03 I Bid Date-Structural Steel . 1387 Bid Date-Site Package 07AUG03 07AUG03 : : : < : I Bid Date-Site Package : : : : . 1390 Ci Council Approval -Site/Steel Packages 14AUG03 14AUG03 I City Council Approval-Site/Steel Packages 1406 Site Construction Phase 15AUG03 09OCT03 :' : : Site Construction Phase 1389 Bid Date- Building Packa a 23SEP03 23SEP03 I Bid Date-Building Package : 1400 City Council Approval - Building Package 30SEP03 30SEP03 : : : f City Council Approval-Building Package < . 1396 IBuilding Construction Phase 01 OC T03 1 J 1 UNO 4 1411 Owner Move-in . . 14J U N04 10, Start date 21 MAY03 Finish date 14JUN04 St. Anthony Village - Fire Station/Public Works Data date 22MAY03 Kraus-Anderson Construction - Midwest Division Run date 28MAY03 Page number 1A © Primavera Systems, Inc. i June 5, 2003 '! Il t�10 Hla a FUTURE COUNCIL AGENDA ITEMS Meeting Date Meeting Type Staff Present Items/Issues June 24 Regular J. Gilligan Franchise renewal (Reliant Energy) SK-Ehlers Public hearing on sale of Kenzie property to LaNel and development agreement SK-Ehlers Update on Stonehouse redevelopment project Res., Livable Communities grant Planning Commission-June 1712003 HRA Ehlers TIF decertification; Chandler TIF hearing HRA Res.,Modifying TIF District 3-5 &adopting TIF plan July 8 Regular Cancel July 22 Regular Planning Commission-July 22, 2003 a. CUP/variance - Stonehouse b. CUP/variance -Fire station c. Variance-Public Works Public hearing on TIF plan July 29 Work Session 6:30 pm Joint meeting with ISD#282 August 12 Work Session Council 5:30 pm Review 2004 budget Kraus- Consider bid packages for fire/public works Anderson August 26 Regular June 2003 Monthly Planner 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 IS 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 July 2®®3 Monthly Planner 1 2 3 4 5 Jun 2003 City Offices S M T W T F s Closed 1 2 3 4 5 6 7 Independence 8 9 10 11 12 13 14 pay 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 Regular Council 7:00 PM Fire Meeting Station Cancelled Open House 13 14 15 16 17 18 19 7:00 PM Parks 7:00 PM Conuriission Planning Commission 20 21 22 23 24 25 26 7:00 PM Council Meeting 27 28 29 30 31 Aug 2007 6:30 PM Council/School S M T W T F S Board Joint 1 2 Meeting 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Stormwater Fund - Cash on Hand 05/3112003 Projeted Revenues: Funding Source Revenues-to-Date Street Improvement Bonds $3,000,000.00 $2,948,173.80 MSA Bonds $950,000.00 $935,008.45 DNR $5,440,000.00 $5,528,617.36 FEMA $700,000.00 $700,000.00 Hennepin County $150,000.00 $150,000.00 Storm Water Utility Charges $500,000.00 $509,645.42 Storm Sewer City Bonds $1.610.000.00 $1.594.271.55 Total Project Budget $12,350,000.00 $12,365,716.58 Other Project Activity: Reserves/Transfer from Revolving Fund $175,000.00 $175,000.00 State of Minnesota-Reimbursements $0.00 $18,755.27 Homeowner Portion-Grant Agreement $0.00 $5,060.75 HRA-Streetscape Transfer $0.00 $155,100.00 Met Council $20,000.00 $10,000.00 Stormwater Fees-Purchase 2809-30th Avenue NE $106,000.00 $106,000.00 Interest Earnings(Non DNR Funds) $0.00 $126,495.42 Sale of Pahl Avenue Homes(2700&2704) $0.00 $11,200.00 Middle Mississippi Watershed District $120,000.00 $120,000.00 29th Avenue-Water Connection Fees $26,000.00 $26,400.00 Misc.-Homeowner/Reimburse for Extra Construction Work $0.00 $200.236.25 Total Revenues $12,797,000.00 $13,319,964.27 05/31/2003 Expenditures: Expenditures-to-Date WSB-Engineering Services $389,936.87 Barr-Engineering Services $2,709.35 Dorsey&Whitney-Legal Services $39,847,99 Rice Creek Watershed District-Water Study $2,025.00 Purchase of Flood Homes $1,201,466.50 Pahl Avenue Ponding $111,308.57 Flood Relief Grant Program $65,159.32 Private Homes-Dumpsters/Service Master $17,371.44 Sump Pump $246.64 1999 Street Improvement Project $1,128,342.79 2000 Street Improvement Project $2,944,397.37 2001 Street Improvement Project $2,091,194.23 2002 Street Improvement Project $2,309,941.08 St.Anthony Boulevard Street Lighting $318.00 Harding Street Holding Ponds $925,223.57 Richard Knutson,Inc-Silver Point Park $1.603.897.84 Total Expenditures $12,833,386.56 Project Balance $486,577.71 Stormwater Fees Non-Desiganted $183,178.70 Total Cash on Hand $669,756.41 EXPENDITURE REPORT 05131/2003 WSB: Flood Relief Grant Program: 2001 Street Improvement Project Project Description: Expenditures Project Description: Expenditures Project Description: Water Resource Management Plan $12,191.50 Dennis/Penny Gault $10,000.00 WSB-Engineering Services $260,948.82 Water Management Plan $10.531.50 James/Susan Kozarek $10,000.00 Lillie Suburban Newspapers $38.75 Stonnwaler Task Force $29,243.00 Thomas/Susan Hoban $800.00 Hage Concrete Works $2,356.53 Stonnwater Engineering $56,309.98 Julie Sexton $1,004.53 Olson's Plumbing $221.90 Flood Problem Analysis $31,497.23 Village Properties-2801 37th Avenue NE $5,280.00 Dickson Electric $453.00 MCES Grant Application $1,724.25 Castle Building&Remodeling-3301 Edward St. $10,000.00 Sandness Construction $4,650.00 DNR/FEMA Grants $22,849.13 L.N.Soding-3460 Penrod Lane $600.00 Bond Issuance $21,183.48 Sump Pump Inspection Program $5,083.43 J&D Landscaping-3460 Penrod Lane $1,300.00 Park Construction $1.801.341.75 Park Design $156,447.10 St.Anthony Health Center-3700 Foss Road $3,301.00 Total 2001 Street Project $2,091,194.23 VI Study $32,283.50 RiteWay Waterproofing-2929 Crestview Avenue $390.00 Flood Grant-1998/1999/2000/2001/2002 $31,776.2 5 Pine Cone Nursery-3460 Penrod Lane $9,222.80 2002 Street Improvement Project Total WSB $389,936.87 Lamere Concrete-Flood Proofing Improvement $4,412.00 Project Description: McCaren Designs,Inc. $703.99 WSB-Engineering Services $262,035.51 Bart Engineering: Minnehaha Falls Landscaping $5,587.50 Dorsey&Whitney $5,220.89 Project Description: Elgard Excavating $1,245.00 Construction Bulletin $215.16 District V6 Watershed Study $2,709,3 5 Twin Cities Glass Block $1,312.50 Moody's Investors Service $3,250.00 Total Ban Engineering $2,709.35 Total Flood Relief Program $65,159.32 Springsted,Inc. $13,217.86 Asphalt&Concrete $8,087.00 Dorsey&Whitney: Private Homes•Dumpsters/Service Master Crown Fence&Wire $6,528.10 Project Description: Project Description: Pipe Services Corp. $5,851.20 Legal Services for Flooding Issues $17,911.16 Waste Management $391.65 S.M.Hentges&Sons $2.005.535.36 Legal Services-Comdenation of Homes $17,117.75 Service Master $13,782.29 Total 2002 Street Project $2,309,941.08 Legal Services-4029 Shamrock Drive $1,938.85 Nancy Myhran $259.50 Legal Services-Pahl Avenue $2,880.23 Linda Gonier $198.00 SL Anthony Boulevard Lighting Total Dorsey&Whitney $39,847.99 Susan Kozarek $925.00 Project Description: Elaine Nelson $1,065.00 WSB-Engineering Services $318.00 Water Quality Study: Sue Wenker $250.00 $318.00 Silver Lake: Berkley Risk/Insuance Claim-Payment $500.00 Rice Creek Watershed District $2,025.00 Total Dumpsters $17,371.44 Harding Street Holding Ponds Project Description: Expenditures Purchase of Homes: Sump Pump WSB-Engineering Services $105,888.05 Project Description: Project Description: Bettendorf Rohrer $30,075.00 Network Title,Inc. $255.00 Mcleod USA-Sump Pump Line $131.00 Second Nature Lawn $270,873.76 Purchase of 2716 St.Anthony Boulevard $134,928.90 Lillie Suburban News-Advertisement $115.64 Residential Easements $432,183.78 Demolition $9,156.00 Total Sump Pump/Misc. $246.64 Dorsey&Whitney/Legal $32,089.52 Taxes $839.61 STS Consultants $3,235.00 Legal Services-Dorsey&Whitney $225.00 1999 Street Improvement Project Evergreen Land Services $19,519.66 Check for Asbestos-Abatement Services $365.00 Project Description: Construction Bulliten $358.48 Seal&Cap Well $1,450.00 WSB-Engineering Services $176,525.71 Albrecht,Inc. $20,215.22 Purchase of 2713 St.Anthony Boulevard $147,676.13 Springsted,Inc.-Bond Services $8,835.85 Comdemnatlon Commissioners $8,455.10 Demolition $11,258.00 Northdale Construction $928,231.18 Old Republic-Abstract Fees $2,330.00 Legal Services-Attorney Fees for Seller $6,845.00 Treemendous $460.00 Total Harding Street Holding Ponds $925,223.57 Recording Deed/Taxes $2,506.98 Chris Addington $503.22 Title Insurance $946.00 Dorsey&Whitney $2,911.55 Silver Point Park/Construction Seal&Cap Well $1,420.00 Bond Issuance Expense $10,875.28 Project Description: Purchase of 2809-30th Avenue NE $108,067.10 Total 1999 Street Project $1,128,342.79 Richard Knutson,Inc, $1,466,031.72 Purchase of 2700/2704-Pahl Avenue $301,411.45 Sandness Construction $35,524.00 Purchase of 2713-Pahl Avenue $208,072.00 2000 Street improvement Project Thompson Homes,Inc. $9,832.50 Purchase of 4029 Shamrock $261,949.86 Project Description: Muska Electric $40,730.80 First American Title $375.00 WSB-Engineering Services $315,820.93 Construction Bulletin $160.89 Forsythe Appraisals/Kozarek $350.00 Barbarossa&Sons,Inc. $2.293,303.47 SEH,Inc.-Silver Point Park Building $29,032.13 Evergreen Land Services $3,369.47 Barbarossa&Sons,Inc.-Settlement of Dispute $66,067.84 WSB,Inc.-Silver Point Park Building $2,628.00 Total Purchase of Homes $1,201,466.50 E-CEL Energy $155,100.00 Twin City Hydro Seeding $1,298.20 Buchan Environmental Services $2,248.99 Romtec $6,500.00 Pahl Avenue Pending-: Berkley Risk Services $10,000.00 STS Consultants $1,976.50 Project Description: AhState Insurance Company $312.78 Trillium Park $10,183.10 WSB-Engineering Services $20,967.16 SL Paul Companies $16,884.96 Total Silver Point Park $1,603,897.84 G&L Construction $69,998.42 Lillie Suburan Newspaper/Construction Bulletin $232.93 Treemendous $14,460.90 Albrecht,Inc. $891.75 Pipe Services $3,859.20 Fabyanske&Westra-Legal CosVUdgatlon $44,390.49 Crown Fence&Wire $370.00 Bond Issuance Expense $39,143.23 Construction Bulliten $1,432.20 Total 2000 Street Project Lillie Suburban News-Advertisement 220.69 Project Total Pahl Avenue Ponding $111,308.57 General Fund Budget to Actual Report: May 2003 Expenditures: Mean Average 42% 05/31/2003 Percentage Remaining Budget Y-T-D Balance Sent Budget Mayor/Council $59,400.00 $12,471.27 $46,928.73 21% 79% Intergovernmental Relations $21,000.00 $10,377.00 $10,623.00 49% 51% Cable Franchise $22,000.00 $18,471.37 $3,528.63 84% 16% General Management $79,300.00 $37,617.49 $41,682.51 47% 53% Elections $25,200.00 $4,677.47 $20,522.53 19% 81% Finance/Insurance $224,200.00 $61,112.17 $163,087.83 27% 73% Finance/Assessing $41,600.00 $986.40 $40,613.60 2% 98% Legal $96,000.00 $34,902.07 $61,097.93 36% 64% Engineering/Planning/Zoning $2,600.00 $330.61 $2,269.39 13% 87% City Buildings $121,400.00 $24,822.59 $96,577.41 20% 80% Civil Defense $45,500.00 $15,467.49 $30,032.51 34% 66% Police Protection $1,159,200.00 $434,463.28 $724,736.72 37% 63% Lauderdale/Falcon Heights $578,200.00 $216,905.96 $361,294.04 38% 62% Fire Protection $587,400.00 $215,062.17 $372,337.83 37% 63% Inspections/Building Permits $75,400.00 $13,607.94 $61,792.06 18% 82% Animal Control $4,200.00 $332.86 $3,867.14 8% 92% Public Works $420,200.00 $122,209.06 $297,990.94 29% 71% Public Works/Maintenance & Repair $125,700.00 $42,226.86 $83,473.14 34% 66% Tree and Weed Care $27,900.00 $9,845.01 $18,054.99 35% 65% Parks $128,200.00 $49,036.88 $79,163.12 38% 62% Budget Reserves/Non Budgeted $0.00 $0.00 $0.00 0% 0% Total Expenditures $3,844,600.00 $1,324,925.95 $2,519,674.05 34% 66% Appropriation: $2,704,100.00 St.Anthony High School $20,681.25 Total Revenue $2,724,781.25 Hard Costs: 05/31/2003 Expenditures Balance Central Park Construction-Veit La77s 61 61 762 T3:: $1,376,218.43 $285,543.70 City Hall Irrigation $28,100.00 $26,695.00 $1,405.00 Park Building-Thompson Homes $453,096.90 $312,295.89 $140,801.01 Central Park-Contingency „..��$3400000 $28,190.69 $5,809.31 Park Building Contingency $25,000.00 $0.00 $25,000.00 Total $2,201,959.03 $458,559.01 Silver Point Park Soft costs: Building/Engineering URS-Planning&Design $269,050.00 $248,603.70 $20,446.30 Budget Expenditures. Balance SEH-Engineering/Planning $55,000.00 $55,000.00 0.00 $25,700.00 $25,700.00 $0.00 Total $324,050.00 $20,446.30 Additional Hard Costs: Common Excavation $9,520.00 $7,839.12 $1,680.88 Common Borrow $36,988.00 $30,602.73 $6,385.27 Contaminated Soil/Disposal $25,153.58 $20,803.83 $4,349.75 Soccer Goal Posts $3,000.00 $2,412.04 $587.96 Veit Construction Contract $1,661,762.13 Erosion Control Fence $4,674.25 $3,919.56 $754.69 Change Orders $158,630.83 Lab,Testing-Soils Analysis $1,500.00 $1,206.02 $293.98 $1,820,392.96 Environmental Field Supplies $295.00 $301.50 ($6.50) Lead/Oil Drum Disposal $3,500.00 $2,864.30 $635.70 Budget: Additional Lighting Foundation $30,000.00 $24,874.14 $5,125.86 Central ParkNeit $1,66 „76 _,3, Practice Soccer Field $10,000.00 N - $8,291.38 Contingency $34',000?00 Total . $1246301839 $21,516.21 Additional/Hard Costs $12,4;630 83 $1,820,392.96 Additional Soft Costs: STS Consultants-Soil Borings $6,646.00 $6,646.00 $0.00 STS-Construction Testing $5,000.00 $2,520.00 $2,480.00 URS-Environmental Services $13,500.00 $3,500.00 $10,000.00 Bond Issuance $23,881.54 $30,786.54 ($6,905.00) Pollution Control $2,362.50 $2,572.50 ($210.00) Advertisement for Bids $390.10 $641.40 ($251.30) Maurice Anderson $1,680.00 $3,960.00 ($2,280.00) Total $53,460.14 $2,833.70 High School Change Orders: Irrigation System $2,721.25 $0.00 $2,721.25 Install Jug Filler/Drinking Fountain $650.00 $0.00 $650.00 Trail Between H.S&Pavillion $14,190.00 $0.00 $14,190.00 Intall Asphalt @ H.G.Gym Entrance $3,120.00 $0.00 $3,120.00 Total $20,681.25 $20,681.25 Central Park Project-Totals $2,724,781.25 $2,200,744.78 $524,036.47 Planning Commission Christopher Melsha Randy Stille 3537 Coolidge Street 3117 Rankin Road 2003 St. Anthony, MN 55418 St. Anthony, MN 55418 Brian Steeves Todd Hanson Jim Hoska 3417 Roosevelt Street 2919 Pentagon Drive 3209 - 3151 Avenue NE St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Kim Tillmann Joel Stromgren 2904 Crestview Drive 3201 Belden Drive St. Anthony, MN 55418 St. Anthony, MN 55418 Parks Commission Carol Jindra Douglas Koehntop 3001 Hilldale Avenue 3408 Skycroft Drive 1/03 St. Anthony, MN 55418 St. Anthony, MN 55418 Colleen Hallada Jan Jenson George Wagner 2906 Crestview 2812 Hilldale Avenue 3407 Fordham Court St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55421 Julie Gebhardt Daniel Ganley Denise Dunn. 3312 Skycroft Circle 3201 Wendhurst for SANBE School Board St. Anthony, MN 55418 St. Anthony, MN 55418 3108 Hilldale Avenue St. Anthony, MN 55418 George Zurbey Diane Skrivseth for St. Anthony Sports Boosters for Community Services 1801 - SW 3`d Street 2815 Silver Lake Road New Brighton, MN 55112 St. Anthony, MN 55418 Parks Commission Carol Jindra Douglas Koehntop 3001 Hilldale Avenue 3408 Skycroft Drive 1/03 St. Anthony,MN 55418 St. Anthony, MN 55418 Colleen Hallada Jan Jenson George-Wagner 2906 Crestview 2812 Hilldale Avenue 3407 Fordham Court St. Anthony, MN 5541.8 St. Anthony, MN 55418 St. Anthony, MN 55421 Julie Gebhardt Daniel Ganley Denise Dunn. 3312 Skycroft Circle 3201 Wendhurst for SANBE School Board St. Anthony, MN 55418 St. Anthony, MN 55418 3108 Hilldale Avenue St. Anthony, MN 55418 George Zurbey Diane Skrivseth for St. Anthony Sports Boosters for Community Services 1801 - SW Yd Street 2815 Silver Lake Road New Brighton, MN 55112 St. Anthony, MN 55418