HomeMy WebLinkAboutCC PACKET 06242003 Meeting Sheet
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Folder: CC PACKETS 2001-2004
Document: CC PACKET 06242003
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CITY OF ST. ANTHONY
Our mission is to be a progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
June 24, 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 24, 2003 City Council Meeting Agenda. Action
requested.
IL 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 to staff for a future report or direct that the
matter be scheduled on an upcoming agenda.
IV. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will
be no separate discussion of these items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve June 10, 2003 Council meeting minutes. (pp. 1 - 8)
B. Licenses and permits. (pp. 9 -10)
C. Claims. (pp. 11 - 13)
D. The third reading of the following ordinances:
1. 2003-003, re: Pawnbrokers. See Ordinance in packet. (22 pages)
2. 2003-004, re: Secondhand dealers. See Ordinance in packet. (19
pages)
Page 2
3. 2003-005, re: Pawnbrokers and Secondhand Dealers as conditional
uses in commercial districts. (p. 14)
4. 2003-006, re: Fees for investigation and licensing of Pawnbrokers
and Secondhand Dealers. (p. 15)
5. 2003-007, re: Amend ordinance to allow adult day care centers as
conditional uses in C zoned districts. (pp. 16 - 17)
V. Public Hearings - None.
VI. Reports From Commissions and Staff.
A. Planning Commission - June 17, 2003.
1. Resolution 03 - 046, re: Side yard variance request; for 2813 - 361h
Avenue NE. Action requested. (pp. 18 - 22)
VII. General Policy Business of the Council.
A. Resolution 03-045, re: Approval of a polling location change. Action
requested. (p. 23)
B. Resolution 03 - 043, re: Approve decertification of Kenzie Terrace Tax
Increment Financing District. City Attorney Jerry Gilligan, Dorsey &
Whitney, will be present. Action requested. (pp. 24 - 25)
C. Ordinance 2003-008, re: CenterPoint Energy Minnegasco franchise
renewal (1St reading). Jerry Gilligan, Dorsey & Whitney, will be present.
Action requested. (p. 26 and the 7 page proposed ordinance)
D. Resolution 03 - 044, re: Approve application for a grant through Livable
Communities. Action requested. (pp. 27 - 28)
E. Resolution 03 - 047, re: Approve redevelopment option for
Stonehouse/SAV 1 and Fire Station site. Stacie Kvilvang, Ehlers &
Associates, will be present. Action requested. (pp. 29 - 33)
VIII. Reports From City Manager and Councilmembers. (pp. 34 - 35)
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
►! T" 01
City Council Regular Meeting Minutes
June 10, 2003
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 June 10, 2003
6
7 CALL TO ORDER.
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers, Sparks, Thuesen, and Faust.
15 Absent: Councilmember Horst.
16 Also Present: City Manager Mike Mornson.
17
18 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF JUNE 10, 2003 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of June 10,
23 2003.
24
Motion carried unanimously.
25
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. COMMUNITY FORUM.
ard at this time and address the Council on items
31 Mayor Hodson invited residents to come forw
32 that are not on the regular agenda.
33
34 Hearing none, Mayor Hodson moved forward with the agenda.
35
36 IV. CONSENT AGENDA.
37
38 A. Consider M y 28 2003 Council meeting minutes.
39 B. Consider licenses and permits.
40 C. Consider payment of claims.
41 D. The second reading of the following ordinances:
42 1.1 2003-003, re: Pawnbrokers.
43 1.2 2003-004 re: Secondhand Dealers.
44 1.3 2003-005 re: Pawnbrokers and Second Hand Dealers as conditional uses in
45 commercial districts.
46 1.4 2003-006, re: Fees for investigating and licensing of Pawnbrokers and
47 Secondhand Dealers.
City Council Regular Meeting Minutes
r' 02�
June 10, 2003
Page 2
1
2 Motion by Councilmember Thuesen to approve the Consent Agenda items as presented.
3
4 Motion carried unanimously.
5
6 V. PUBLIC HEARINGS.
7 None.
8
9 VI. REPORTS FROM COMMISSIONS AND STAFF.
10 A. Resolution 03-042, re: Approve bid for Silver Point Park improvements.
11 Mayor Hodson welcomed Brad Forbrook, SEH, Inc., to the meeting.
12
13 Mr. Forbrook stepped forward to address the Council and presented the bids received for the
14 Silver Point Park improvements. He advised that they have made recommendations to award the
15 bid to the lowest bidder. He explained that bids were received for two contracts, one for the
16 building package and the second for installation of the building. He reviewed the bids with
17 Council stated that both came in very close to the projected budget.
18
19 Councilmember Sparks asked Mr. Forbrook if he has worked with either of the builders. Mr.
20 Forbrook stated that the City has worked with one of the builders adding that he is familiar but
21 has not worked with them. He stated that both are known for doing a good job.
22
23 Motion by Councilmember Faust to adopt Resolution 03-042, re: Approve bid for Silver Point
24 Park improvements.
25
26 Motion carried unanimously.
27
28 B. Inflow/Infiltration Report
29 Mayor Hodson welcomed Todd Hubmer, WSB & Associates, to the meeting.
30
31 Mr. Hubmer stepped forward to address the Council and provided an update on
32 inflow/infiltration study. He explained that one of the goals set for this year is to continue to
33 work to minimize the inflow and infiltration into the sewer water system. He provided the
34 Council with a brief review of the water system stating that City streets have two sewer systems,
35 the sanitary sewer and storm water sewer. He explained that a large percentage of residents
36 operate sump pumps that flow into the storm water sewer. He stated that this has to be
37 corrected, as they should be flowing into the sanitary sewer system. He reviewed the inspection
38 process with Council stating that they completed a citywide education program in 2002 that
39 included brochures and mailings to the general public. He explained that the mailings included
40 an explanation of the process and contact.information for any questions or concerns. He stated
41 that since 1999 the City has reconstructed approximately 17,000 feet of the sewer drainage
42 system, which should help reach their goal to reduce the inflow to the Metropolitan Waste
43 Control treatment center. He stated that the Metropolitan Council notified the City of St.
44 Anthony that treatment costs would increase due to the amount flowing through the treatment
45 center. He stated that treatment expenses have increased significantly. He suggested four
46 options for Council to consideration adding that they are looking for direction from Council on
47 the next step in the process. He reviewed the options with Council -
►/ f
City Council Regular Meeting Minutes 03
June 10, 2003
Page 3
1
2 1. Continue mandatory inspections at the point of sale for homes in St. Anthony.
3
4 2. An aggressive door-to-door approach to each residence in order to identify those who are not
5 in compliance and would require upgrading to the new system. He stated that those who do not
6 comply within the allotted timeframe could incur a fee or fine and reviewed with the Council.
7
8 3. Continue an educational program that would utilize the City newsletter and cable access to
9 alert and update the residents.
10
11 4. St. Anthony Village could establish a grant program that would assist residents with the cost
12 to disconnect the systems. He stated that in addition to the door-to-door inspections, the City
13 could charge two different rates for sanitary. He explained that one rate would be assigned for
14 residents who have complied and another rate assigned for residents who are not in compliance.
15 He explained that residents who are not in compliance would be charged at a higher rate.
16
17 Mayor Hodson stated that he likes the idea of charging two different rates and asked Mr.
18 Hubmer if it would be possible to also incorporate, with this option, a grant process for the
19 residents to defray the costs that would include a repayment option that would not penalize the
20 resident immediately. Mr. Hubmer stated that the two options could be coordinated. He stated
21 that if the City decides to charge a higher fee for those not in compliance that the additional
22 money could be incorporated into the grant process in some way in order to assist residents who
23 are not in compliance.
24
25 Councilmember Faust asked if it would be possible to use the same assessment process for this
26 as they do for street improvements. He stated that he likes the idea of a two-rate system to
27 acknowledge residents who are in compliance. He expressed concerns stating that it is very
28 important to be sensitive to those who might need a way to pay over time.
29
30 City Manager Mornson agreed stating that they could implement a two-rate system that includes
31 a grant process. He stated that the City would have to adopt an ordinance noting that several
32 other communities have handled it the same way and it worked quite well. Councilmember
33 Faust agreed stating that this would work better for those who might not be able to afford a lump
34 sum payment. City Manager Momson stated that the charges could also be included as a part of
35 their utility bill.
36
37 Councilmember Thuesen asked for further clarification of the two-rate billing process. He asked
38 if they would begin charging the higher rate upon completion of the inspection or would they
39 assign a timeframe for the resident to come into compliance and if they do not complete within
40 the assigned timeframe that the City would begin to charge at the higher rate. Mr. Hubmer
41 stated that they are aware that some residents are already in compliance and some are not. He
42 stated that they have already completed some of the inspections and proposed implementing an
43 education program for the Residents that would include a timeline for completion. He suggested
44 giving the Residents an eight-month window to allow them an opportunity to ensure that they are
45 in conformance before the rate change is initiated.
46
04
, 1
City Council Regular Meeting Minutes
June 10, 2003
Page 4
1 Councilmember Thuesen asked if homes sold in the past two years would be subjected to
2 another inspection. He agreed that incorporating an ongoing education component for the
3 Residents would be a good plan. He stated that he is in favor of the two-rate system adding that
4 it would not be fair to penalize residents who are in compliance. He stated that he is also in
5 agreement that a grant process of some kind should also be incorporated with the two-rate
6 system. He expressed his agreement with Councilmember Faust that the City should be sensitive
7 to residents who might not be able to afford a lump sum payment adding that they should offer
8 an option that would assist the homeowners with the costs. Mr. Hubmer clarified that
9 homeowners would not be subjected to a second inspection if they are on record as already
10 completing one.
11
12 Mayor Hodson stated that it is his understanding that approximately 75% of the residents are not
13 in compliance. He reviewed the process and concerns noting that the penalty would continue to
14 accrue until resolved.
15
16 Councilmember Sparks asked for clarification of the costs. Mr. Hubmer stated that last year the
17 City paid between $50-$70,000.00 for waste water treatment. He explained that they also have
18 several residents who experience sewage backup that causes damage on a yearly basis. He stated
19 that this is another major component that should be considered.
20
21 Councilmember Sparks stated that she prefers the lump sum payment adding that she is in
22 agreement that the City should establish a grant process to assist residents who cannot afford a
23 lump sum payment.
24
25 Mr. Hubmer explained that the Metropolitan Council receives 60-70% of what is paid for waste
26 treatment. Mayor Hodson stated that a two-rate structure would allow the City to reward
27 residents who are in compliance adding that if the City could reduce the 70% down to 40%that
28 it would be very beneficial to the City.
29
30 Councilmember Thuesen asked if there would be any incentives offered to those residents, who
31 on their own, fixed the problem in the past or paid for it out of their own pocket,because they
32 felt it was the right thing to do.
33
34 Councilmember Faust agreed that the City should implement a continued education process
35 utilizing the City Newsletter and cable TV. He suggested informing the residents that as of July
36 1, 2004 that there would a penalty for homeowners who have not had their homes inspected and
37 are not in compliance. He reviewed his understanding of the two-rate system stating that he has
38 an issue if some of the residents have already paid out of pocket. He stated that the assessment
39 would be a way to address that issue and provide some benefit back to the homeowner. He
40 stated that the assessment could be included in the bond rating in order to lower the interest
41 rates. — - - -- ---
42
43 Mayor Hodson stated that he is in support of a continued education program and the two-rate
44 system. He clarified that the Council is not prepared at this time, without further discussion, to
45 determine the assessment and penalty process. He agreed that implementing a grant process
46 could assist in subsidizing a portion of the repair for homeowners.
47
City Council Regular Meeting Minutes
June 10, 2003
Page 5
1 Councilmember Thuesen asked how they could really measure the inflow from homes that are
2 not in compliance. Mr. Hubmer stated that they could review and compare the flow rates, based
3 on precipitation. He stated that they would be able to see where the flow rates drop for those
4 who are in compliance. He stated that it is not totally possible to determine how much, in
5 gallons, might have contributed to the sanitary sewer rates.
6
7 Councilmember Thuesen asked if this issue is 90% of their problem with wastewater inflow.
8 Mr. Hubmer explained that it would resolve the sewer backup problems and the flow rates into
9 the Waste Water plant.
10
11 Councilmember Sparks asked how much it would cost to implement a door-to-door campaign.
12 Mr. Hubmer stated that the costs would depend on how extensively they want to canvas the area.
13 He stated that it could get very expensive, as they would have hire outside help if they have a 6-8
14 month window for compliance. He stated that the biggest issue is time and staffing.
15
16 Councilmember Sparks asked if they have a large number of residents who want to upgrade at
17 the same time, would the City could get a reduced rate if they were to contract it as a project.
18 Mr. Hubmer stated that they could probably get a very good rate if they were to combine it as a
19 project.
20
21 Councilmember Faust suggested an ongoing educational process versus door-to-door canvassing.
22 He stated that they could educate the public with regards to the timeline for inspections adding
23 that this could give them a sense of scale that would allow them to move forward with a
24 contractor. He suggested that Mr. Hubmer put together a plan based on the ideas discussed and
25 present to Council for consideration.
26
27 Mr. Hubmer stated that he would take the information and formulate it into a plan for
28 presentation to Council. Mayor Hodson thanked Mr. Hubmer for his time stating that he has
29 provided the Council with excellent information to consider.
30
31 C. Resolution 03-041, Recommendation for lease option location for the temporal
32 station.
33 Fire Chief Hewitt explained that the Council is asked to adopt the draft resolution, which would
34 provide a new interim location for the fire station until the new fire station has been completed.
35 He reviewed the process they took to determine an interim location with Council. He stated that
36 it was important to locate a site that could be fully utilized without additional costs. He stated
37 that they have to vacate the current building by September 1, 2003 and relocate to a temporary
38 location where they would reside until the new fire station has been completed. He stated that
39 they plan to begin construction on May 312004 with a plan to occupy the new site by August 1,
40 2004. He explained that they have six career people who spend a fair amount of time at the fire
41 station adding that they want their employees to be fairly comfortable with adequate living space.
42 He explained that there is also a need for enough space to store their apparatus and they want to
43 minimize any negative impact to the operations while maintaining quality service and response
44 time. He reviewed their options with Council stating that they reviewed each location for
45 ground level access, the cost to bring in a manufactured home for office and living space, utility
46 costs, and storage. He reviewed the costs for each option stating that they also considered
47 housing at other fire station locations. He stated that they considered both Columbia Heights and
I City Council Regular Meeting Minutes 06
2 June 10, 2003
3 ' Page 6
4
5 New Brighton as options noting that both locations would greatly affect their response times and
6 it would also increase their viability exposure if something critical should occur. He stated that
7' they recently found the Construction 70 site located in the Industrial park and reviewed with
8 Council. He stated that the location has room for all three apparatus in addition to adequate
9 living quarters, office space and storage. He stated that the only modification would be to punch
10 out a door for the apparatus. He stated that the cost to lease would be $5,000.00 a month with a
11 total cost of$55,000.00 over a ten-month period. He stated that it is their preference to relocate
12 at the Construction 70 site, as it would provide quality quarters for the firefighters, eliminate the
13 heating and weather concerns. He stated that they are requesting approval for ten-month lease
14 for the facility, offices, apparatus storage building and a punch-in for an 11-foot by 14-foot door.
15
16 Councilmember Sparks asked for further clarification of their choice for location. Fire Chief
17 Hewitt explained that the second option would have required that they move in a manufactured
18 home and a storage building. He stated that the location had heating and electrical issues that
19 would have had to be resolved before moving in and the fire trucks would have been inside a
20 fabric type building versus the storage building available at the Construction 70 site.
21
22 Councilmember Sparks asked if they considered any sites in the South Industrial Park area. Fire
23 Chief Hewitt stated that they did not review any locations in this area because of the access
24 requirements in addition to the number of uncontrolled intersections. He stated that it would
25 have also affected response time and travel time for the firefighters. He explained that one of the
26 key items the Task Force looked for was a site that provided good accessibility to the city and
27 would benefit the entire City with respect to response time.
28
29 Motion by Councilmember Faust to adopt Resolution 03-041, Recommendation for lease option
30 location for the temporary fire station.
31
32 Motion carried unanimously.
33
34 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
35 None.
36
37 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
38 City Manager Momson reported on the following:
39
40 Due to relocation of the fire station, the City has to find a new polling location for this fall. He
41 stated that they are presently considering St. Charles Borromeo Catholic Church.
42
43 There will be an Auction on June 19, 2003 at 10:30 a.m. to sell off equipment from the
44 _ Stonehouse. He stated that items would be open for review at 8:30 a.m.
45
46 Morrison attended a meeting with Hennepin County regarding an easement issue on the
47 Stonehouse property. He noted that both the building and the property must be vacated to the
48 owner by closing on September 9, 2003.
49
50
®7
1 City Council Regular Meeting Minutes
2 June 10, 2003
3 Page 7
4
5 Relating to the fire station property, closing of the Christen properties is tentatively scheduled for
6 June 24. The Christen's intend to lease the properties until July 15, 2003. Morrison distributed
7 handouts to the Council and explained that there are seven items still requiring review.
8
9 0 A Special Meeting to consider bids for the Public Works building will be held Tuesday,
10 September 30, 2003.
11
12 The LMC Conference is scheduled next week in St. Cloud.
13
14 The City Manager gave an update on the "Conceal and Carry Law", indicating the Community
15 Center will need to be signed to ban guns because the City rents part of the building. In addition,
16 an employee policy will be developed outlining the ban of weapons in the workplace.
17
.18 The TIF hearing is rescheduled to July 22, 2003 because the City Attorney has been unable to
19 sign off on the inspection work, as inspections have not been completed.
20
21 The City has received verification of another$250,000 from the DNR. He indicated this may be
22 the last large lump sum amount from the DNR.
23
24 The regular Council meeting for July 8 has been cancelled.
25
26 Councilmember Sparks attended the Growing Smart Minnesota seminar. She reviewed the
27 agenda and noted that Rich Varda from Target was one of the presenters. She stated that the
28 concept is very versatile and noted that they discussed how to integrate the concept with small
29 retail. Parking space requirements of one space for every 1,000 square feet of store were
30 discussed. Mr. Varda said this was over the amount of space needed for parking. Sparks
31 suggested Council review the City ordinance to determine if there is any need to revise the
32 requirements. The Councilmember stated she had more information for Council at a later date.
33
34 Councilmember Sparks referenced the map for the Northwest Quadrant and inquired about the
35 parking areas shown on the map. City Manager responded that presently what they see for
36 parking is the developer's concept of what they would need.
37
38 Councilmember Thuesen stated that he had nothing to report.
39
40 Councilmember Faust stated the Northwest Quadrant Task Force and BSU indicated that parking
41 would be planned with aesthetics in mind as well.
42
43 Mayor Hodson, City Manager Mornson and Councilmember Faust met with Congressman Sabo
44 to discuss issues. Faust stated that Congressman Sabo was instrumental in getting funding to do
45 the water filtration plant for St. Anthony. He explained that Congressman Sabo was given an
46 update on the Northwest Quadrant project, adding that the Congressman had suggestions and
47 ideas on how to keep dialogue open and work from the Federal level down.
48
49
08,
1 City Council Regular Meeting Minutes
2 June 10, 2003
3 Page 8
4
5 Councilmember Faust continued his report by noting he attended a meeting on June 2, 2003
6 regarding Salo, Finland, St. Anthony's Sister City. The Councilmember attended the joint
7 meetings with the Planning Commission, held on June 3, 2003 and the Parks Commission held
8 on June 9, 2003.
9
10 He attended the final blue Ribbon Task Force meeting on June 5, 2003 and said they would
11 submit documents for Council review.
12
13 Mayor Hodson indicated that the Council has "a lot on their plate" and that City Manager
14 Mornson has and will continue to coordinate and keep the Council up to date. The Mayor
15 thanked the Council for their preparedness for all the meetings. Mayor Hodson stated the
16 Council has many important decisions to make in the near future, noting that 98% of the
17 feedback received from the Community has been very favorable with respect to the projects
18 being done in the City. He thanked everyone for their hard work.
19
20 IX. INFORMATION AND ANNOUNCEMENTS.
21
22 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
23
24 XI. ADJOURNMENT.
25 Motion by Councilmember Faust to adjourn the meeting at 8:00 pm.
26
27 Motion carried unaniously.
28
29
30
31 Respectfully submitted,
32
33 Bonita Sullivan
34 Timesaver Off Site
35
36
37
38 Mayor
39
40 ATTEST:
41 City Clerk
42
43
44
45
46
47
48
49
50
09
Saint Anthony Village
DATE: June 24, 2003 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: License and Permits.for Approval:
Multiple Dwelling License:
Apache Manor, 3817 Macalaster Drive
D & J Propterties, LLC 3721 Chandler Drive
Heating and Air Conditioning License:
Sharp Heating &Air Conditioning, Inc., Fridley, MN
Home Energy Center, Plymouth, MN
Golden Valley Heating dba: Richmond& Sons Electric, Crystal, MN
Master Mobile Home Service, Inc., Blaine, MN 55449
CenterPoint Energy Minnegasco, Anoka, MN
Royalton Heating & Cooling, Brooklyn Park, MN
Yale Mechanical, Bloomington, MN
Sedgwick Heating&Air Conditioning, Minneapolis, MN
Alliant Mechanical, Eagan,MN
Centraire Heating & Air Conditioning, Inc., Eden Prairie, MN
I
10
Saint Anthony Village
DATE: June 24, 2003 Approved:
TO: Mayor and Councilmembers
I
FROM: Judy Monson, License Clerk
ITEM: Liquor Licenses Approval:
Temporary 3.2 Beer and Wine License:
Friday, August 1, 2003 5:30 p.m. to 7:00 p.m.
St. Anthony Chamber of Commerce post-golf tournament pig-roast
dinner at the Stonehouse parking lot
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE _
06/17/2003 14: Check Register GL540R-V06.54 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
007835 METROCALL 20296 06/25/03 198.32
.00004 METROPOLITAN AIRPORTS 20297 06/25/03 45.00
008467 MIDWAY FORD 20298 06/25/03 350.14
002280 MIDWEST ASPHALT CORP 20299 06/25/03 25.00
.00006 MINNESOTA STATE PATROL 20300 06/25/03 255.00
008326 NEWMAN TRAFFIC SIGNS 20301 06/25/03 41.31
008764 NFPA 20302 06/25/03 31.93
008350 NORTHERN TOOL & EQUIPMEN 20303 06/25/03 10.64
008761 NRG PROCESSING SOLUTIONS 20304 06/25/03 56.00
.00007 ODDITEE'S 20305 06/25/03 92.40
000045 OFFICE DEPOT 20306 06/25/03 197.87
001230 ONE CALL CONCEPTS, INC. 20307 06/25/03 99.20
008528 PACE ANALYTICAL SERVICES 20308 06/25/03 311.00
008805 PETTY CASH - BREMER BANK 20309 06/25/03 105.66
008369 POSTMASTER 20310 06/25/03 2,000.00
004492 QWEST 20311 06/25/03 239.42
008372 QWEST INTEPRISE AMERICA, 20312 06/25/03 49.95
008963 REED BUSINESS INFORMATIO 20313 06/25/03 305.76
003065 ROAD RESCUE EMERGENCY VE 20314 06/25/03 28.68
008876 S.M. HENTGES & SONS, INC 20315 06/25/03 180,583.98
008520 SENSIBLE LAND USE COALIT 20316 06/25/03 30.00
007072 ST ANTHONY CHAMBER OF CO 20317 06/25/03 160.00
003155 ST ANTHONY FIRE RELIEF A 20318 06/25/03 8.00
008846 STANTON GROUP 20319 06/25/03 158.78
.00008 STOUTEN/REBECCA TAPPE 20320 06/25/03 841.06
003490 STREICHER'S 20321 06/25/03 307.94
002630 SUN TURF 20322 06/25/03 148.67
008626 SURPLUS SERVICES 20323 06/25/03 15.00
008457 SWEEPER SERVICES 20324 06/25/03 79.88
008840 THOMAS WALKER CONSULTUNG 20325 06/25/03 720.00
007337 TIMESAVER OFF SITE SECRE 20326 06/25/03 203.66
008907 TOUSLEY FORD 20327 06/25/03 5.57
003560 TRACY PRINTING 20328 06/25/03 348.10
008859 U.S. BANK 20329 06/25/03 250.00
008561 UNITED RENTALS COMPANY 20330 06/25/03 45.88
005298 UNITED RENTALS HIGHWAY T 20331 06/25/03 21.29
008227 VERIZON WIRELESS, BELLEV 20332 06/25/03 175.56
008919 WINGFOOT COMMERCIAL TIRE 20333 06/25/03 2,487.22
002680 XCEL ENERGY 20334 06/25/03 13,761.83
003820 ZAHL EQUIPMENT COMPANY 20335 06/25/03 766.60
BREMER BANK NA 264,199.16 •*•
ML
ML
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/17/2003 14: Check Register GL540R-VO6.54 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
000020 AA BATTERY CO 20248 06/25/03 26.63
.008511 AT&T WIRELESS 20249 06/25/03 9.76
008255 AVAYA, INC. 20250 06/25/03 29.32
000320 BEISSWENGER APPLIANCE 20251 06/25/03 1.05
008555 BIFFS, INC. 20252 06/25/03 547.64
008869 BORGEN RADIATOR 20253 06/25/03 112.00
007253 BRAKE & EQUIPMENT WAREHO 20254 06/25/03 30.18
000430 BRIGHTON AUTO ELECTRIC 20255 06/25/03 76.76
008904 BUREAU CRIMINAL APPREHEN 20256 06/25/03 120.00
008652 CARTRIDGE CARE 20257 06/25/03 340.26
007386 CASTLE INSPECTION SERVIC 20258 06/25/03 2,341.82
002380 CENTERPOINT ENERGY MINNE 20259 06/25/03 4,128.49
008542 CITY OF MOUNDS VIEW 20260 06/25/03 36.75
008577 CITY OF ST. PAUL 20261 06/25/03 1,152.12
.00002 COLUMBIA HEIGHTS RENTAL 20262 06/25/03 66.17
008950 COMCAST 20263 06/25/03 4.65
007382 CROWN FENCE & WIRE COMPA 20264 06/25/03 10.65
005234 CRYSTEEL TRUCK EQUIPMENT 20265 06/25/03 30.08
000785 DALCO 20266 06/25/03 117.98
000807 DIAMOND VOGEL PAINTS 20267 06/25/03 120.33
007371 DISCOUNT STEEL, INC. 20268 06/25/03 11.53
008921 DYNAMEX 20269 06/25/03 14.15
008666 EASYLINK SERVICES CORPOR 20270 06/25/03 101.50
008809 ELAN FINANCIAL SERVICES 20271 06/25/03 145.94
008362 EMBEDDED SYSTEMS, INC. 20272 06/25/03 296.00
008647_ FRATTALLONE'S HARDWARE 20273 06/25/03 88.79
001030 G & K SERVICES INC 20274 06/25/03 283.89
001110 GENERAL IND SUPPLY 20275 06/25/03 9.60
001145 GLENWOOD INGLEWOOD 20276 06/25/03 41.39
001250 GRAINGER INC/W W 20277 06/25/03 54.87
.00001 HAMLINE AUTO BODY INC. 20278 06/25/03 129.95
.00001 HAPPY'S POTATO CHIPS 20279 06/25/03 5,498.19
001420 HAWKINS WATER TREATMENT 20280 06/25/03 1,290.01
008944 HENN CNTY INFO TECH DEPT 20281 06/25/03 541.04
.00002 HENNEPIN COUNTY ASSESSOR 20282 06/25/03 36,655.93
008342 HENNEPIN COUNTY TREASURE 20283 06/25/03 571.21
008252 HOME DEPOT-GECF 20284 06/25/03 474.24
008658 INSTRUMENTAL RESEARCH, I 20285 06/25/03 110.50
007358 J.R.'S APPLIANCE DISPOSA 20286 06/25/03 570.00
008349 JOHN'S SOD 20287 06/25/03 33.75
.00003 KOZARK/JAMES 20288 06/25/03 263.92
000742 KROEPLIN/CONNIE 20289 06/25/03 13.68
008960 LEE'S CLEANERS & LAUNDRY 20290 06/25/03 28.89
008855 MACRO GROUP, INC. 20291 06/25/03 280.00
.00005 MAPLEWOOD FIRE DEPT. 20292 06/25/03 50.00
002160 MARSHALL CONCRETE PROD 20293 06/25/03 1,532.55
007129 MEDTOX 20294 06/25/03 45.00
008245 METRO FIRE 20295 06/25/03 197.70
a
N
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE -
06/17/2003 14: Check Register GL540R-V06.54 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
004014 ALLIED PAPER CO. 22141 06/26/03 62.50
004293 BELLBOY CORP. 22142 06/26/03 4,190.15
008652 CARTRIDGE CARE 22143 06/26/03 170.13
002380 CENTERPOINT ENERGY MINNE 22144 06/26/03 562.05
004085 CITY OF ST ANTHONY 22145 06/26/03 68,750.00
008814 CITY WIDE WINDOW SERVICE 22146 06/26/03 34.08
008557 DAILEY DATA & ASSOCIATES 22147 06/26/03 175.95
004120 EAGLE WINE CO 22148 06/26/03 3,693.61
.00002 ENVIRONMENTAL RECYCLING 22149 06/26/03 40.00
004175 GRIGGS COOPER & CO INC 22150 06/26/03 33,223.48
004220 JOHNSON BROTHERS LIQUOR 22151 06/26/03 22,016.72
008815 LIGHTADOT NEON & GLASSWO 22152 06/26/03 250.00
002040 LILLIE SUBURBAN NEWSPAPE 22153 06/26/03 230.00
004265 MARK VII SALES INC 22154 06/26/03 385.20
004299 MPLS. OXYGEN CO. 22155 06/26/03 10.05
008883 NEW FRANCE WINE COMPANY 22156 06/26/03 653.00
000045 OFFICE DEPOT 22157 06/26/03 26.58 -
004354 PAUSTIS & SONS 22158 06/26/03 1,383.25
004360 PHILLIPS WINE & SPIRITS 22159 06/26/03 9,574.71
004361 PINNACLE DIST. 22160 06/26/03 2,858.22
004376 PRIOR WINE CO 22161 06/26/03 2,151.04
004385 QUALITY WINE CO 22162 06/26/03 9,714.45
008219 QWEST DEX 22163 06/26/03 582.80
008846 STANTON GROUP 22164 06/26/03 63.72
008903 U.S. BANK 22165 06/26/03 19,293.75
.00001 WEBER ENTERPRISES OF MN 22166 06/26/03 38.40
008310 WINE MERCHANTS INC 22167 06/26/03 1,021.78
002680 XCEL ENERGY 22168 06/26/03 4,219.58
LIQUOR CHECKING ACCOUNT 185,375.20 «««
r
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.
566.02. Definitions.
The following words and terms when used in this Section shall have the following meanings
unless the context clearly indicates otherwise:
ACCEPTABLE Acceptable forms of identification are a current valid Minnesota
IDENTIFICATION: driver's license, a current valid Minnesota identification card, or a
current valid photo driver's license or identification card issued by
another state or province of Canada.
BILLABLE Every reportable transaction conducted by a pawnbroker, except
TRANSACTIONS: renewals,redemptions, extensions or confiscations of items
previously reported and continuously in the licensee's possession is a
billable transaction.
Any fee for billable transactions shall reflect the cost of processing
transactions and other related regulatory expenses as determined by
the City Council pursuant to Section 566.09.
CITY: The City of St. Anthony,Minnesota.
CONSIGNMENT: A written agreement between a licensee and a seller that enables
the licensee to take temporary possession of secondhand property,
owned by the seller, for the purpose of offering it for sale to the
public.An agreement shall state the terms under which the seller
will be compensated, and the amount of that compensation.
LICENSEE: The person, corporation,partnership,or association to whom a
license is issued under this Section, including any agents or
employees of the person,corporation,partnership,or association.
MINOR: Any natural person under the age of eighteen(18) years.
PAWNBROKER: Any natural person,partnership or corporation, either as principal, or
agent or employee thereof, who loans money on deposit or pledge of
personal property, or other valuable thing, or who deals in the
purchasing of personal property,or other valuable thing on condition
of selling the same back again at a stipulated price,or who loans
money secured by chattel mortgage on personal property, taking
possession of the property or any part thereof so mortgaged. To the
extent that a pawnbroker's business includes buying personal
property previously used,rented or leased, or selling it on
consignment,the provisions of this Section shall be applicable. Any
bank, savings and loan association,or credit union shall not be
deemed a pawnbroker for purposes of this Section.
2
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 furnish 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
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
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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 Ineligible for a License.
A. No license under this Section shall be issued to an applicant who is a natural person
(1) The applicant is a minor at the time the application is filed;or
(2) The applicant has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes, Section 364.03,
subdivision 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as
prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
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 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
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
(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
1 X11
(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
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date, interest charges accrued, and the total amount for which the article
was redeemed.
(2) When an article of purchased or forfeited property is sold or disposed of
by a licensee and the licensee receives One Hundred Dollars ($100.00)or
more in the payment thereof, the records shall contain an account of such
sale with the date, the amount for which the article was sold, and the full
name, current address, and telephone number of the person to whom sold.
C. Inspection of Records. The records must at all reasonable times be open to
inspection by the Police Department. Data entries shall be retained for at least three (3) years
from the date of transaction. Entries of required digital images shall be retained a minimum of
one hundred twenty(120) days.
D. Daily Reports to Police. Licensees must submit every reportable transaction to
the Police Department daily in the following manner:
(1) Licensees must provide to the Police Department all information required
in Section 566.12(A)(1) through (6) and other required information, by
transferring it from their computer to the Automated Pawn System via
modem. All required records must be transmitted completely and
accurately after the close of business each day in accordance with
standards and procedures established by the City using procedures that
address security concerns of the licensees and the City. The licensee must
display a sign of sufficient size, in a conspicuous place in the premises,
which informs all patrons that all transactions are reported to the Police
Department daily.
(2) Billable Transaction Fees. Licensees will be charged for each billable
transaction reported to the Police Department.
(3) If a licensee is unable to successfully transfer the required reports by
modem, the licensee must provide the Police Department printed copies of
all reportable transactions along with the video tape(s) for that date, by
12:00 noon the next business day;
(4) If the problem is determined to be in the licensee's system and is not
corrected by the close of the first business day following the failure, the
licensee must provide the required reports as detailed in Section
566.12(D)(3), and must be charged a fifty dollar($50.00) reporting failure
penalty, daily, until the error is corrected; or
(5) If the problem is determined to be outside the licensee's system, the
licensee must provide the required reports in Section 566.12(D)(3), and
resubmit all such transaction via modem when the error is corrected.
(6) If a licensee is unable to capture, digitize or transmit the photographs
required in Section 566.12(A)(9), the licensee must immediately take all
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required photographs with a still camera, cross-reference the photographs
to the correct transaction, and make the pictures available to the Police
Department upon request.
(7) Regardless of the cause or origin of the technical problems that prevented
the licensee from uploading their reportable transactions, upon correction
of the problem, the licensee shall upload every reportable transaction from
every business day the problem had existed.
(8) Section 566.12(D)(3) through (5) notwithstanding, the Police Department
may, upon presentation of extenuating circumstances, delay the
implementation of the daily reporting penalty.
E. Receipt Required. Every licensee must provide a receipt to the party identified in
every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The
receipt must include at least the following information:
(1) The name, address and telephone number of the licensed business.
(2) The date and time the item was received by the licensee.
(3) Whether the item was pawned or sold, or the nature of the transaction.
(4) An accurate description of each item received including, but not limited
to, any trademark, identification number, serial number, model number,
brand name, or other identifying mark on such an item.
(5) The signature or unique identifier of the licensee or employee that
conducted the transaction.
(6) The amount advanced or paid.
(7) The monthly and annual interest rates, including all pawn fees and
charges.
(8) The last regular day of business by which the item must be redeemed by
the pledgor without risk that the item will be sold, and the amount
necessary to redeem the pawned item on that date.
(9) The full name, current residence address, current residence telephone
number, and date of birth of the pledgor or seller.
(10) The identification number and state of issue from an acceptable form of
identification.
(11) Description of the pledgor or seller including approximate sex, height,
weight,race, color of eyes and color of hair.
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(12) The signature of the pledgor or seller.
(13) All printed statements as required by Minnesota Statutes, Section 325J.04,
subdivision 2, or any other applicable statutes.
F. Redemption Period. Any person pledging,pawning or depositing an item for
security must have a minimum of one hundred twenty(120) days from the date of that
transaction to redeem the item before it may be forfeited and sold. During the ninety(90) day
holding period, items may not be removed from the licensed location except as provided in
Section 566.14(A). Licensees are prohibited from redeeming any item to anyone other than the
person to whom the receipt was issued or, to any person identified in a written and notarized
authorization to redeem the property identified in the receipt, or to a person identified in writing
by the pledgor at the time of the initial transaction and signed by the pledgor, or with approval of
the police license inspector. Written authorization for release of property to persons other than
original pledgor must be maintained along with original transaction record in accordance with
Section 566.12(A)(10).
G. Holding te. 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 chiefs designee,
notifies a licensee not to sell an item, the item must not be sold or removed
from the licensed premises until authorized to be released by the chief or
the chief s designee. The order to hold shall expire ninety(90) days from
the date it is placed unless the Chief of Police or the chief s designee
determines the hold is still necessary and notifies the licensee in writing.
(3) Order to Confiscate. If an item is identified as stolen or evidence in a
criminal case, the chief or chiefs designee may:
(a) Physically confiscate and remove it from the shop, pursuant to a
written order from the chief or the chiefs designee; or
(b) Place the item on hold or extend the hold as provided in Section
566.12(H)(2), and leave it in the shop.
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When an item is confiscated, the person doing so shall provide
identification upon request of the licensee, and shall provide the
licensee the name and phone number of the confiscating agency
and investigator, and the case number related to the confiscation.
When an order to hold/confiscate is no longer necessary, the Chief
of Police, or chiefs designee shall so notify the licensee.
I. Inspection of Items.
(1) At all times during the terms of the license, the licensee must allow law
enforcement officials to enter the premises where the licensed business is
located, including all off-site storage facilities as authorized in Section
566.12(0), during normal business hours, except in an emergency, for the
purpose of inspecting such premises and inspecting the items, ware and
merchandise and records therein to verify compliance with this Section or
other applicable laws.
(2) All merchandise received by a pawnbroker, shall be subject to
examination, during normal business hours, by any person claiming to
have had any interest therein, when such person is accompanied by a
police officer
J. Pawning of Motor Vehicle Titles.
(1) In addition to the other requirements of state law, a pawnbroker who holds
a title to a motor vehicle as part of a pawn transaction shall, pursuant to
Minnesota Statutes, Section 325J.095:
(a) be licensed as a used motor vehicle dealer under Minnesota
Statutes, Section 168.27, and post such license on the pawnshop
premises;
(b) verify that there are no liens or encumbrances against the motor
vehicle with the department of public safety;
(c) verify that the pledgor has automobile insurance on the motor
vehicle as required by law.
(d) A pawnbroker may not sell a motor vehicle covered by a pawn
transaction until ninety(90) days after recovery of the motor
vehicle.
(2) A pawn transaction that involves holding only the title to property is
subject to Minnesota Statutes, Chapter 168A or 336.
K. Label Required. Licensees must attach a label to every item at the time it is
pawned, purchased or received in inventory from any reportable transaction. Permanently
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recorded on this label must be the number or name that identifies the transaction in the shop's
records, the transaction date, the name of the item and the description or the model and serial
number of the item as reported to the Police Department, whichever is applicable, and the date
the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.
L. Firearms and Weapons. A pawnbroker shall not receive, display or sell any
merchandise through a pawn,purchase, or consignment or trade consisting of a revolver, pistol,
shotgun, automatic rifle, semiautomatic military-style assault weapon (as defined by Minnesota
Statutes, Section 624.712), switchblade knife, or other similar weapons or firearms.
M. Risk of Loss. In the event pledged goods are lost or damaged while in possession
of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement of
goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of
compensation shall be a defense to any prosecution or civil action.
N. License Display. A license issued under this Section must be posted in a
conspicuous place in the premises for which it is used. The license issued is only effective for
the compact and contiguous space specified in the approved license application.
O. Responsibility of Licensee. A licensee under this Section shall be responsible for
the conduct of the business being operated and shall maintain conditions of order. The conduct of
agents or employees of a licensee, engaged in performance of duties for the licensee, shall be
deemed the conduct of the licensee.
P. Gambling. No licensee under this Section may keep,possess, or operate,or permit
the keeping,possession, or operation on the licensed premises of dice, slot machines,roulette
wheels,punchboards,blackjack tables,or pinball machines which return coins or slugs, chips, or
tokens of any kind,which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes, Chapter 349,may be kept or operated and no raffles may be
conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may
take place on the licensed premises as authorized by the director of the lottery pursuant to
Minnesota Statutes, Chapter 349A.
Q. Penalty for Property Owner. It is unlawful for any person who owns or controls
real property to knowingly permit it to be used for pawn brokering without a license.
R. Premises. All property deposited, left,pledged,pawned, or held for sale must be
stored in an enclosed facility and may not be stored outside of the premises. The City may,
however,permit the licensee to designate one(1)off-premises locked and secured facility in which
the licensee may store only cars,boats, and other motorized vehicles. The licensee shall permit
immediate inspection of the facility at any time during business hours by the City. All provisions in
this 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.
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566.13. Restricted Transactions.
A. Hours of Operation. No pawnbroker shall keep the pawnbroker business open for
the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
B. Minors. A pawnbroker shall not purchase or receive personal property on deposit
or pledge from any minor.
C. Incompetent Persons. A pawnbroker shall not purchase or receive personal property
on deposit or pledge from any incompetent person.
D. Prohibited Goods. No licensee under this Section shall accept any item of property
which contains an altered or obliterated serial number or"Operation Identification"number or any
item of property whose serial number has been removed.
E. Securily 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.
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B. Inspection by Police or Claimed Owner. All articles of property coming into the
possession of any licensee shall be open to inspection and right of examination of any police officer
or any person claiming to have been the owner thereof or claiming to have had an interest therein
when such person is accompanied by a police officer.
566.15. Conduct of Persons on Licensed Premises.
A.. . Property of Another. No person may pawn,pledge, sell, leave, or deposit any article
of property not their own;nor shall any person pawn,pledge, sell, leave, or deposit the property of
another, whether with pennission or without;nor shall any person pawn,pledge, sell, leave,or
deposit any article of property in which another has a security interest; with any licensee.
B: Minors. No minor may pawn,pledge, sell, leave,or deposit any article of property
with any licensee.
C. Proper Identification. No person may pawn,pledge, sell, leave or deposit any article
of property with any licensee without first having presented an acceptable form of identification.
D. Required Signage. All licensees shall by adequate signage and separate written
notice inform persons seeking to pawn,pledge, sell, leave, or deposit articles of property with the
licensee of the foregoing requirements.
(1) For the purpose of this subsection, "adequate signage"shall be deemed to
mean at least one sign of not less than four(4) square feet in surface area,
comprised of lettering of not less than three-quarters(3/4)of an inch in
height,posted in a conspicuous place on the licensed premises and stating
substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENTIFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
(2) For the purpose of this subsection, "separate written notice"shall be deemed
to mean either the receipt, as required in Section 566(12)(E), or a printed
form, incorporating a statement to the effect that the person pawning,
pledging, selling, leaving, or depositing the article is at least eighteen(18)
years of age; is the true owner of the article; and that the article is free of all
claims and liens;which is acknowledged by way of signature of the person
pawning,pledging, selling, leaving, or depositing the article.
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E. False Identification. No person seeking to pawn,pledge, sell, leave, or deposit any
article of property with any licensee shall give a false or fictitious name;nor give a false date of
birth;nor give a false or out of date address of residence or telephone number; nor present a false
driver's license or identification card; to any licensee.
F. General Restrictions. No pawnbroker licensed under this Section shall:
(1) Lend money on a pledge at a rate of interest above that allowed by law;
(2) Knowingly possess stolen goods;
(3) Sell pledged goods before the time to redeem has expired;
(4) Refuse to disclose to the City, after having sold pledged goods,the name of
the purchaser or the price for which the item sold;
(5) Make a loan on a pledge to a minor.
566.16. Restrictions ReEardiu License Transfer.
Each license under this Section shall be issued to the applicant only and shall not be
transferable to any other person.No licensee shall loan, sell, give, or assign a license to another
person.
566.17. Suspension or Revocation of License.
A. The City Council may suspend or revoke a license issued under this Section upon a
finding of a violation of:
(1) Any of the provisions of this Section;
(2) Any state statute regulating pawnbrokers;
(3) Any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2;
(4) Fraud,misrepresentation,or bribery in renewing a license;
(5) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety, of the public; or
(6) Any law relating to theft, damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. A revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a public hearing. The written notice shall give at least ten(10) days'
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notice of the time and place of the hearing and shall state the nature of the charges against the
pawnbroker. The notice may be served upon the pawnbroker personally or by United States mail
addressed to the most recent address of the business in the license application.
566.18. Penalty.
Violation of'any provision of this Section shall be a misdemeanor.
566.19. 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 10, 2003
Adopted: June 24, 2003
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
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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 Planning Commission will hold a public hearing to amend Section
1635.03 of the City's Zoning Code to allow for pawnbrokers and secondhand dealers to
operate as a conditional use in Commercial districts within the City. This is necessary
because, for example, you would not pass an ordinance allowing pawnbrokers as a
conditional use without guidelines in place in Section 566 to regulate pawnbrokers.
In regard to the pawnshop and secondhand good ordinance, the City will also need to
amend Chapter 6 of the City Code relating to fees. Both the pawnbroker and
secondhand dealer ordinance reference Section 615 of the City Code as establishing an
investigation fee and license fee. Attached is a proposed ordinance amending 615,
which establishes such fees. It is not necessary for the Planning Commission to
consider this ordinance, as it is not a zoning matter: However to be complete, the
Planning Commission should propose the fee ordinance and forward it onto the City
Council.
At the April 15, 2003, Planning Commission meeting, a public hearing was held on the
pawnbrokers and secondhand dealers ordinances. There was no public comment at the
public hearing.
In total, there are four proposed ordinances coming from the Planning Commission: (1)
the pawnbroker ordinance; (2) secondhand goods ordinance; (3) the zoning code
amendment; and the license fee amendment.
Requested Action:
Staff recommends that the Planning Commission take public comment on the zoning
amendment and then refer it onto the City Council as recommended adoption.. In a
separate motion, the Planning Commission should review and recommend the license
fee ordinance to the City Council. The recommended ordinances, zoning code
amendment, and fees will be considered by the City Council on May 27.
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.
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UNIQUE IDENTIFIER: A serial number, identification number,model number, owner
applied identifier or engraving, "operation ID" number or symbol,
or other unique marking.
565.03. License required.
No person shall engage in the business of secondhand dealer without a secondhand dealer
license. No secondhand dealer license may be transferred to a different location or a different
person. Licenses shall be conspicuously displayed. Issuance of a license under this Section shall
not relieve the dealer from obtaining any other licenses required to conduct business at the same
or any other locations. Persons engaged in the business of a secondhand dealer on the effective
date of this Section must receive a license within sixty(60) days or cease doing business.
565.04. Exceptions.
The following transactions shall not require a license under this Section:
A. The sale of secondhand goods at events commonly known as "garage sales,"
"yard sales" or "estate sales" where all of the following are present:
(1) The sale is held on property occupied as a dwelling by the seller or owned,
rented or leased by a charitable or political organization.
(2) The occupant owns the items offered for sale and that none of the,items
offered for sale shall have been purchased for resale or received on
consignment for purpose of resale.
(3) The owner of the property conducts the sale and receives all proceeds
from the sale.
(4) That no sale exceeds a period of seventy-two (72) consecutive hours. That
no more than four(4) sales are held in any twelve (12) month period at
any residential dwelling.
B. The sale or receipt of secondhand books, magazines, post cards,postage stamps,
philatelic material, video recordings (including digital video discs and video tapes), and audio
recordings (including compact discs, long-play albums and cassette tapes.)
C. The sale or receipt of used merchandise donated to recognized non-profit
organizations and for which no compensation is paid.
D. Transactions conducted by a pawnbroker licensed under Section 566 of the St.
Anthony City Code.
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565.05. Application Content.
In addition to any information that may be required by the County pursuant to Minnesota
Statutes, Section 471.924, every application for a license under this Section shall be made on a form
supplied by the City and shall contain the following information:
A. If the applicant is a natural person:
(1) The name,place, and date of birth, street resident address, and telephone
number of the applicant;
(2) Whether the applicant is a citizen of the United States or a resident alien;
(3) Whether the applicant has ever used or has been known by a name other than
the applicant's name, and if so, the name or names used and information
concerning dates and places where used;
(4) The name of the business if it is to be conducted under a designation,name,
or style other than the name of the applicant and a certified copy of the
certificate as required by Minnesota Statutes, Section 333.01;
(5) The street addresses at which the applicant has lived during the preceding
five (5) years;
(6) The type,name, and location of every business or occupation in which the
applicant has been engaged during the preceding five (5) years and the
name(s) and address(es) of the applicant's employer(s) and partner(s), if any,
for the preceding five(5)years;
(7) Whether the applicant has ever been convicted of a felony, crime, or
violation of any ordinance other than a traffic ordinance. If so,the applicant
shall 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;
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(c) The names and addresses of the employers or partners of the
applicant's current spouse for the preceding five(5)years;
(d) Whether the applicant's current spouse has ever been convicted of
any felony, crime,or.violation of any ordinance other than a traffic
ordinance. If so, the applicant shall famish information as to the
time,place,and offense for which convictions were had.
B. If the applicant is a partnership:
(1) The name(s) and address(es) of all general and limited partners and all
information concerning each general partner required in subpart(A)of this
subsection;
(2) The name(s)of managing partner(s) and the interest of each partner in the
secondhand goods business;
(3) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, Section 333.01, a certified copy of
such certificate shall be attached to the application.
C. If the applicant is a corporation or other organization:
(1) The name of the corporation or business form, and if incorporated, the state
of incorporation;
(2) A true copy of the Certificate of Incorporation,Articles of Incorporation,or
Association Agreement, and By-laws shall be attached to the application. If
the applicant is a foreign corporation, a Certificate of Authority as required
by Minnesota Statutes, Section 303.06, shall be attached;
(3) The name of the manager(s),proprietor(s), or other agent(s)in charge of the
business and all information concerning each manager,proprietor, or agent
required in subpart(A) of this subsection;
(4) A list of all persons who control or own an interest in excess of five percent
(5%)in such organization or business form or who are officers of the
corporation or business form and all information concerning said persons
required in subpart(A) above.
D. For all applicants:
(1) Whether the applicant holds a current secondhand dealers or pawnbrokers
license from any other governmental unit and whether the applicant is
licensed under Minnesota Statutes, Section 471.924;
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(2) Whether the applicant has previously been denied or had revoked or
suspended, a secondhand dealers license from this or any other governmental
unit;
(3) The names, street resident addresses, business addresses and telephone
numbers of three(3) individuals who are of good moral character and who
are not related to the applicant or not holding any ownership in the premises
or business,who may be referred to as to the applicant's and or manager's
character;
(4) The location of the business premises;
(5) The legal description of the premises to be licensed;
(6) The location at which the applicant's business records are maintained;
(7) If the applicant does not own the licensed premises, a true and complete
copy of the executed lease;
(8) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid,the years and
amounts that are unpaid;
(9) Whenever the application is for premises either planned or under
construction or undergoing substantial alteration,the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans or design are on file with the
City Building/Inspections Department,no plans need be submitted with
application;
(10) The applicants hours of operation, on-site management and parking
facilities;
(11) An executed data practices advisory and consent form authorizing the release
of criminal history information;
(12) Such other information as the City Council may require.
E. Manager/New Manager. When a dealer places a manager in charge of a business,
or if the named manager(s) in charge of a licensed business changes, the dealer must complete
and submit the appropriate application prior to the effective date or the change. The manager
shall be subject to the investigation required by this Section, and to the investigation fee required
by Section 615, which shall be paid in advance.
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The designation of a new manager shall not cause the license to become invalid before a
decision is rendered,provided proper notice and application are made by the applicant. A proposed
new manager shall be referred to as the interim manager. In the event an interim manager is
rejected,the licensee shall designate another interim manager and make the required application
within fifteen(15)days of the decision. If a proposed manager is rejected,the decision 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.
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565.09. Renewal Application.
A. All licenses issued under this Section shall be effective from the date of approval by
the City Council. All licenses expire at midnight on December 31 of each year. An application for
the renewal of an existing license shall be made prior to the expiration date of the license and shall
be made in such form as the City requires. The application shall state that the information in the
prior application remains true and correct, except as otherwise indicated. If,in the judgment of the
City Council, good and sufficient cause is shown by the applicant for the applicant's failure to
submit a renewal application before the expiration of the existing license,the City Council may, if
the other provisions of this Section are complied with, grant the renewal application.
B. A license under this Section may not be renewed:
(1) If the City Council determines that the licensee has failed to comply with the
provisions of this Section in preceding license years; or
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(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
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(7) The applicant is not a citizen of the United States or a resident alien, or upon
whom it is impractical or impossible to conduct a background or financial
investigation due to the unavailability of information; or
(8) The applicant has committed fraud,misrepresentation, or bribery in securing
a license; or
(9) The applicant has committed fraud,misrepresentation or made false
statements in the application and investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety,of the public; or
(11) The applicant has violated within the preceding five(5)years, of any law
relating to theft, damage or trespass to property, sale of a controlled
substance,or operation of a business.
B. No license under this Section shall be issued to an applicant that is a partnership if:
(1) Any general partner or managing partner of such applicant is a minor at the
time the application is filed; or
(2) Any general partner or managing partner of such applicant has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the 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
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(8) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation,or bribery in securing a license; or
(9) Any general partner or managing partner of such applicant has committed
fraud, misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) Any general partner or managing partner of such applicant has violated
within the preceding five(5) years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance,or operation of a
business.
C. No license under this Section shall be issued to an applicant that is a corporation or
other organization if:
(1) Any manager,proprietor, or agent in charge of the business to be licensed
is a minor at the time the application is filed; or
(2) Any manager,proprietor,or agent in charge of the business has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any manager,proprietor, or agent in charge of the business is not a citizen of
the United States or a resident alien,or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
(8) Any manager,proprietor, or agent in charge of the business has committed
fraud,misrepresentation,or bribery in securing a license; or
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(9) Any manager,proprietor, or agent in charge of the business has connnitted
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 chief s designee upon request.
(2) The sale or receipt of secondhand household kitchen and laundry appliances.
(3) The sale or receipt of secondhand furniture, excluding audio,video and other
electronic devices.
(4) The sale or receipt of secondhand cookware, glassware and eating utensils
that do not contain precious metals.
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(5) The sale or receipt of secondhand clothing and shoes.
(6) The sale or receipt of secondhand infant's, toddler's or children's clothing,
appliances, furniture, or safety devices.
B. Recordable Transactions. Every dealer, at the time of receipt of any item which has a
unique identifier,or is or contains precious metals or gems,regardless of the purchase price,.asking
price if consigned or brokered, or value attributed to it if accepted in trade,or any other item for
which the dealer paid fifteen dollars ($15.00) or more,by check or other consideration, or which the
dealer intends to offer for sale, or broker, for thirty dollars($30.00) or more, and which is not
exempted in subsection 565.13(A) shall immediately and legibly record, using the English
language, in ink or other indelible medium in a book,on forms,or in a computerized record
approved by the Chief of Police, or the chief s 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
(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 chiefs designee notifies a
dealer not to sell an item, the item must not be sold or removed from the licensed premises until
authorized to be released by the Chief of Police or the chiefs designee. The order to hold shall
expire ninety(90) days from the date it is placed unless the Chief of Police or the chiefs
designee determines the hold is still necessary and notifies the dealer in writing.
C. Order to Confiscate. If an item is identified as stolen or evidence in a criminal
case, the Chief of Police or the chief s 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 chief s 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.
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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. Responsibilily of Licensee. A licensee under this Section shall be responsible for
the conduct of the business being operated and shall maintain conditions of order. The conduct of
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
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.
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565.25. Severabill
Should any provision of this Section be declared by a court of competent jurisdiction to
be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other
than the part declared invalid. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
This Ordinance shall be in full force and effect upon passage by the City Council and
`publication of the Ordinance or a summary thereof in the City's official newspaper.
Section 2: This ordinance will become effective as of the date of its publication.
First Reading: May 28, 2003
Second Reading: June 10, 2003
Adopted: June 24, 2003
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
19
14
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 10, 2003
Adopted: June 24, 2003
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
• • I
1�
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 10, 2003
Adopted: June 24, 2003
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
16
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 10, 2003
Adopted: June 24, 2003
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
17
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 bbT necessary for the
City to pass an ordinance regulating adult day care centers as state law sufficiently
covers the area. Thus, in the proposed ordinance, adult day care centers are limited to
those centers that are licensed under state laws and rules.
Requested Action:
Staff recommends that the Planning Commission take public comment on the zoning
amendment and then refer it onto the City Council as recommended action. The
recommendation will be considered by the City Council on May 27.
18
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 03 - 046
A RESOLUTION APPROVING A SIDE YARD
VARIANCE AT 2813-36TH AVENUE NE
WHEREAS, the property owner of 2813-36th Avenue NE (Dave Stepan) has requested a side
yard variance to accommodate an addition to his home at said address; and
WHEREAS, at the Public Hearing, the Planning Commission recommended approval of an 11
foot variance at said property due to the following conditions:
1. The existing structure is within the setback.
2. The extra space on the lot will be put to a better use.
3. Granting the variance is in the spirit and intent of the City Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the request for an 11 foot variance at 2813-36th Avenue NE, by property owner,
Dave Stepan, as recommended by the St. Anthony Planning Commission.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
19
MEMORANDUM
DATE: 06/10/03 MEETING DATE: 06/17/03
TO: Planning Commission Members
FROM: Susan M.H. Hall, Assistant City Manage�Xj
SUBJECT: 281336 th Avenue NE: Side Yard Variance Request
Requested Action:
Dave Stepan, property owner of the single-family residential lot at 2813 36th Avenue NE,
is requesting a side yard variance of 13 feet for a proposed distance of 32 feet from the
curb for proposed addition.
Background:
The City's single-family residential zoning code states that a side yard adjacent to a
street must be at least 30 feet wide. In addition, it is a standard city requirement to allow
for an additional setback of 15 feet for the easement/public right of way. Given this, Mr.
Stepan must be a total of 45 feet from curb to the new addition along Belden Drive (see
sketch attached). The sketch plan from Mr. Stepan shows a proposed distance of 32'2"
from the curb. He is asking for a side yard variance of 13 feet. The proposed bedroom
addition measures 16 X 16.
Mr. Stepan points to the undue hardship as not having the accommodations needed.
The need, explained in the attached letter from the applicant, is that an addition will
make for an acceptable living situation for his family. He goes onto explain the corner lot
city requirements restrict him from adding on needed space (see applicant letter
attached). He is asking for reprieve for his circumstances.
2®
Date:
g� 6-�
Fee: Q
R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: ` �.se— Phone: d&P
Address:
Status of Applicant,(Owner, Buyer, Lessee, etc.): C,c1A P +�
Legal Description of property proposed for variance: Sew >4
Street Address: 13 �� 6""` j IV
Presently Zoned:
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
1. Because of the particular physical surroundings, shape, or topographical conditions of
the parcel or lot, the.proposed.variance. would relieve an undue hardship, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced.
(Sfz a6chid)
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
3. The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
Signature of Applicant
Petition for Variance
21
Re: 2813 36th Ave NE
Dave and Darnell Stepan
May 16, 2003
Question One:
Because this is a comer lot the ordinance#1615.05 Subd. 6 requires that my side yard be at least
30' wide from the adjacent street. Currently the house sits 35'2" from the curb.
I initially thought that I would have no problem in that I only wanted to come out toward the
street an additional two feet and sixteen feet toward the back yard and sixteen feet west again.
Then I was told I needed to add 15' onto the 30' making for a total of 45' from the curb. This
15' addition is not stated in any document I was given.
It's an undue hardship for my family not to have the accommodations that we need. This need is
an addition, which will make for an acceptable living situation. My end result will be converting
a current bedroom into a bathroom. Currently we have one full bathroom 32'square for a family
of five including four girls. Its an undue hardship for me to have to add a bedroom onto the
back or side of the garage as that is the only area which we could put a bedroom and
accommodate the ordinance as it is written. I would then have my four,five and eight year old
sleeping on the other side of the house instead of directly upstairs. This is a safety and security
concern I have. I might not hear them in case of an emergency. Or I might not hear the smoke
detector located in the hall outside my children's rooms. Another issue--if we are unable to add
on to where we need to, we wouldn't be able to see or hear any potential security issues being
located on the other side of the house.
Question Two:
Because this is a corner lot this ordinance unfairly restricts me to add needed space to my house
while it does not limit properties that do not have side streets as boundaries. Lots that fall
between the streets may build up to 5' from a neighbor's house as long as the total combined
width is 15' while I am limited to 45' from a street. The question I have is it fair to potentially
add an addition that faces 5' from the neighbors lot line while I need to have 45' of lawn on the
other side of the house? This ordinance was created after this house was built, as this house is
35' from the street curb. This ordinance unfairly restricts my right to add to my property as I see
best while it does not restrict property owners whose side lot lines are not adjacent to streets.
Question Three:
I agree this hardship is caused by the City of St. Anthony ordinance and has not been created by
any person presently having interest in our property.
One final comment:
Had the current ordinance been on file at the time this house was built it couldn't have been
built,as it is located now. The house would be eleven feet from the neighbors lot line.
OC 22
%.GT �i; ,'1 '.•" ST. ANMON'l-7 VILLAGE
PA'?T OF T_6T .7, BLOCK 1. GA-3DF,:\A AC ?T'S
Pi(M MR. ?.'.•i. 73ILL"AIN
K
i51s�
ia
- - - - - - - - - 1 036
o [IrA'orj 5 /hr&'SCALE.
Legal Description: That part of Lot 7, Blockl, Gardena
Acres, in the Village of St. Anthony, Minnesota , Section
6, Township 29, Range 23, described as follows : Beginning
at the Northwest corner of said Lot 7, thence East .along the
North line of said Lot 7 a distance of 130.23 feet to the
actual point of beginning, thence continuing East along said
North line of said Lot 7 a distance of 130.24 feet, thence
South along a line parallel to the East line of said Lot 7
a distance of 121 feet, thence West along the South line of
said Lot 7 a distance of 130.36 feet, thence North a distance
of 121 feet to the actual point of beginning.
T hereby certify that this survey vas prepared by —e or
under my direct supervision and that T am a dul-v tered
Land Surveyor under the laws of the. State off' dota,
Date : June 20, 1958
Reg". No. 556
23
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 03 - 045
A RESOLUTION APPROVING A POLLING
LOCATION CHANGE
WHEREAS, registered voters residing in Precinct 1, Hennepin County of the City of St.
Anthony voted at the St. Anthony Fire Station in previous elections; and
WHEREAS, due to redevelopment of the area in which the Fire Station was located and its
subsequent relocation, a new location for said polling place must be established;
and
WHEREAS, after consideration of available locations, it has been determined that the most
favorable polling location is Doran Hall, located in the St. Charles Borromeo
Catholic Church, 2739 Stinson Boulevard; and
WHEREAS, said location is in compliance with Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves relocation of the polling place for the registered voters of Hennepin County,
Precinct 1, to St. Charles Borromeo Catholic Church (Doran Hall), 2739 Stinson Boulevard, in
the City of St. Anthony.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
24
CITY OF ST. ANTHONY
RESOLUTION 03-043
RESOLUTION APPROVING DECERTIFICATION OF KENZIE
TERRACE TAX INCREMENT FINANCING DISTRICT
(HENNEPIN COUNTY NO. 1950)
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota
(the "City"), as follows:
1. Recitals. The Housing and Redevelopment Authority of the City of St.
Anthony(the "HRA")pursuant to the authority contained in Minnesota Statutes, Section
469.174 to 469.179 (the "Act") has established a tax increment financing district under the Act
designated as Kenzie Terrace Tax Increment District (Hennepin County No. 1950) (the
"District"). As required by the Act the city Council approved the establishment of the District
by the HRA. It has been proposed that the HRA request Hennepin County to decertify the
District pursuant to Minnesota Statutes, Section 469.177, subd. 12.
2. Decertification of the District. The proposal that the HRA request
Hennepin County to decertify the District is hereby approved.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
' 25
EHLERzi
& ASSOCIATES INC
® To: Roger Larson, City of St. Anthony
From: Rebecca Kurtz &Jim Prosser, Ehlers &Associates
W Date: June 18, 2003
Subject: Decertification of Kenzie Terrace Tax Increment Finance District
It is recommended the City of St. Anthony take action to decertify the Kenzie Terrace Tax
Increment Finance District. The District was established in 1982 to redevelop the blighted
site located in the Southwest corner of the Village. Funding for the redevelopment project
was through the issuance of Tax Increment Bonds issued in 1985 (these bonds were paid off
in 1993).
Presently, the District serves as a funding source for the City Hall/Community Center Bonds
issued in 1995.
There are several reasons for decertifying the Kenzie Terrace TIF District:
• Retire the debt. The bonds issued to finance the redevelopment are callable in
February 1, 2004, and the City has adequate cash to pay the outstanding debt,
therefore paying off all debt associated with the City Hall/Community Center
Building.
o Savings of interest. By calling the bonds, interest expense of$235,315 will
be saved.
• Restrictions on the use of funds. Under the current law, other than for the City
Hall/Community Center Bonds, the increment from the District cannot be used for
other purposes outside of the TIF District boundaries.
• Lessen the tax impact. Decertifying the District will place the property back on the
City's tax roles. This will provide a significant increase to the City's tax capacity,
and the City's expenses will be spread across a larger tax base. Therefore, the tax
burden will decrease, and the impact of future debt will not be as significant.
• Reduces impact of public facilities bond. Decertification of Kenzie reduces the
tax impact of the costs associciated with the building of the new Public Works and
Fire Station buildings.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8516 Fax: 651-697-8555
Roseville, MN 55113-1105 rkurtz @ehlers-inc.com
26
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: June 18, 2003
RE: CenterPoint Energy Minnegasco Franchise
Renewal Ordinance
CenterPoint Energy Minnegasco has been working throughout the metro area over the
past 12-18 months renewing their franchise agreements with cities. The existing franchise with
St. Anthony will expire in the near future. The attached form of franchise ordinance has been
used in other cities and is derived from a model prepared by the League of Minnesota Cities with
certain modifications. The franchise ordinance gives CenterPoint Energy Minnegasco a
nonexclusive right to use public grounds to distribute gas to customers within the City.
The proposed franchise ordinance differs from the prior franchise since it does not
specify policies and procedures related to the location of facilities in the City's streets and rights-
of-way. Instead the proposed franchise ordinance incorporates the City's Right-of-Way
Management Ordinance (Section 1165 of the City Code), with respect to the location of facilities
in the City's public grounds.
Under the proposed franchise ordinance the City has the right to adopt a franchise fee by
a separate ordinance. The franchise fee must be imposed on a same or greater equivalent amount
on all other energy providers in the City that the City has a right to impose such a fee or tax. The
fee may be calculated on the basis of a percentage of gross revenues received from customers, a
flat meter based fee or a combination thereof.
The adoption of the franchise ordinance does not impose a franchise fee but gives the
City Council the ability to do so in the future should it wish to do so.
DORSEY & WHITNEY LLP
FRANCHISE ORDINANCE FOR
CENTERPOINT ENERGY MINNEGASCO
ORDINANCE NO.2003-008
CITY OF ST. ANTHONY,HENNEPIN AND RAMSEY COUNTIES,MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO,A
NATURAL GAS UTILITY,A DIVISION OF CENTERPOINT ENERGY RESOURCES
CORP., A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS,A
NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND
MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION,
DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND
PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF
ST. ANTHONY,MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING
CERTAIN TERMS AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, HENNEPIN AND RAMSEY
COUNTIES, MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical
order shall have the following meanings:
City. The City of St. Anthony, Counties of Hennepin and Ramsey, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or
operated by City or agency thereof, including sewer, storm sewer, water service, street lighting
and traffic signals, but excluding facilities for providing heating, lighting, or other forms of
energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the
authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission.
Company. CenterPoint Energy Minnegasco, a natural gas utility, a division of
CenterPoint Energy Resources Corp.,a Delaware corporation, its successors and assigns
including all successors or assigns that own or operate any part or parts of the Gas Facilities
subject to this franchise.
Effective Date. The date on which the ordinance becomes effective under Section 2.2.
WS-17809602 l
SH 155-77
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all
necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing gas energy for public or private use.
Gas. Natural gas, manufactured gas, mixture of natural gas.and manufactured gas or
other forms of gas energy.
Non-Betterment Costs. Costs incurred by Company from relocation, removal or
rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities.
Notice. A writing served by any party or parties on any other party or parties. Notice to
Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory& Supply
Service, 800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to the City shall be mailed
to the City Manager, City of St. Anthony, 3301 Silver Lake Road, St. Anthony, Minnesota
55418. Any party may change its respective address for the purpose of this Ordinance by written
notice to the other parties.
Public Way. Public right-of-way within the City as defined in Minn. Stat. § 237.162,
subd. 3.
Public Ground. Land owned or otherwise controlled by the City for park, open space or
similar public purpose.
SECTION 2. ADOPTION OF FRANCHISE.
2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from
the Effective Date, the right to import, manufacture, distribute and sell gas for public and private
use within and through the limits of the City as its boundaries now exist or as they may be
extended in the future. This right includes the provision of Gas that is (i) manufactured by the
Company or its affiliates and delivered by the Company, (ii)purchased and delivered by the
Company or(iii) purchased from another source by the retail customer and delivered by the
Company. For these purposes, Company may construct, operate, repair and maintain Gas
Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the
provisions of this Ordinance. Company may do all reasonable things necessary or customary to
accomplish these purposes, subject however, to such lawful regulations as may be adopted by
separate ordinance and as currently exist under Section 1165 of the City Code. The City shall
give the Company notice 60 days in advance of proposed changes to Section 1165 of the City
Code. The City and Company shall negotiate in good faith to reach mutually acceptable changes.
If the City and Company are unable to agree, disputes will be handled under the terms of
Section 2.5 of this Ordinance. If a provision of Section 1165 of the City Code conflicts with a
provision on the same subject in this Ordinance, this Ordinance will control.
2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect
from and after its passage of this Ordinance and publication as required by law and its acceptance
by Company. If Company does not file a written acceptance with the City within 90 Days after
the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at
JMS-178096v12 2
SH155-77
any time, that the Company does not accept all terms of this franchise, the City Council by
resolution may either repeal this ordinance or seek its enforcement in a court of competent
jurisdiction.
2.3. Service and Gas Rates. The service to be provided and the rates to be charged
by Company for gas service in City are subject to the jurisdiction of the Commission
2.4. Publication Expense. The expense of publication of this Ordinance shall be paid
by Company.
2.5. Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the
dispute is not resolved within 30 days of the written notice, the parties may jointly select a
mediator to facilitate further discussion. The parties will equally share the fees and expenses of
this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within
30 days after first meeting with the selected mediator, either party may commence an action in
District Court to interpret and enforce this franchise or for such other relief permitted by law.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on
the terms of a new franchise by the time this franchise expires, this franchise will remain in effect
until a new franchise is agreed upon, or until 90 days after the City or the Company serves
written Notice to the other party of its intention to allow the franchise to expire.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1. Location of Facilities. Subject to regulation under Section 1165 of the City
Code, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to
disrupt normal operation of any City Utility System. Gas Facilities may be located on Public
Grounds as determined by the City.
3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way
shall be subject to Section 1165 of the City Code. After completing work requiring the opening
of Public Ground, the Company shall restore the Public Ground to as good a condition as
formerly existed, and shall maintain the surface in good condition for six (6) months thereafter.
All work shall be completed as promptly as weather permits. If Company shall not promptly
perform and complete the work, remove all dirt, rubbish, equipment and material, and put the
Public Ground in the said condition and after demand to Company to cure, City shall, after
passage of a reasonable period of time following the demand,but not to exceed five days, have
the right to make the restoration of the Public Ground at the expense of Company. Company
shall pay to the City the cost of such work done for or performed by the City. This remedy shall
be in addition to any other remedy available to the City for noncompliance with this Section.
3.3. Waiver of Performance Security. The City hereby waives any requirement for
Company to post a construction performance bond, certificate of insurance, letter of credit or any
JMS-178096v12 3
SH155-77
other form of security or assurance that may be required under Section 1165 of the City Code
currently or in the future. The City reserves all other rights under Section 1165 of the City Code
to enforce Company performance requirements for work in the Public Way or Public Ground.
3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Gas
Facilities while performing any activity.
SECTION 4. RELOCATIONS.
4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall
be subject to Section 1165 of the City Code. City may require Company at Company's expense
to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas
Facilities have become or will become a substantial impairment to the existing or proposed
public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with
applicable City ordinances consistent with law.
4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of a
federally-aided highway project shall be governed by the provisions of Minnesota Statutes
Section 161.46.
4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed
in reliance on a permit or franchise from City and Company does not waive its rights under an
easement or prescriptive right or State or County permit.
SECTION 5. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 6. FRANCHISE FEE.
6.1 Separate Ordinance. During the term of the franchise hereby granted, the City
may impose on the Company a franchise fee. In addition to the franchise fee, the Company shall
be required to pay only such other fees, charges, costs or taxes, which are generally required to be
paid by other businesses or persons in the city. The franchise fee must be imposed by a separate
ordinance adopted by the City Council, which ordinance may not be adopted until at least 60
days after Notice enclosing such proposed ordinance has been served upon the Company by
certified mail. A fee imposed under this section does not become effective until 60 days after
Notice enclosing the adopted ordinance has been served upon the Company by certified mail.
6.2 Condition of Fee. The separate ordinance imposing the fee shall not be effective
against the Company unless it lawfully imposes a fee or tax of the same or greater equivalent
amount on the sale and/or delivery of energy within the City by any other energy supplier,
provided that, as to such supplier, the City has the authority to require a franchise fee or impose a
WS-17809602 4
SH155-77
tax. The Company may petition the City to exempt or reduce the franchise fee applicable to
customers who bypass or pose an imminent threat of physically bypassing the Company's
distribution system for economic reasons, including the existence of the franchise fee. The City
shall not unreasonably withhold such exemption or reduction in franchise fees for such
customers.
6.3 Calculation of Fee. The City may impose the franchise fee: (i) as a combination
of percentage of gross revenues received from customers in the Residential Customer Class for
its utility operations within the City or as a flat meter fee per customer, for customers in
non-residential customer classes ("Combination Fee Method"), or(ii) as a flat meter fee per
customer within the City("Flat Fee Method"), or(iii)as a fee based on units of gas delivered to
any class of retail customers within the corporate limits of the City("Unit Fee Method"). The
method of imposing the franchise fee: the percent of revenue rate, the flat rate and the per unit
rate may differ for each customer class. If prior to the expiration of this franchise, customers in
the Company's Residential Customer Class begin to purchase and/or transport gas from
companies other than the Company, the City may only impose the Flat Fee Method or the Unit
Fee Method, as a way of collecting fees. If the percentage of Combination Fee Method has
previously been implemented, it must be changed to the Flat Fee Method or the Unit Fee
Method.
6.4 Collection of the Fee. The franchise fee will be payable not less often than
quarterly and based on any of the alternative formulas described in Section 6.3 during complete
billing months of the period for which payment is to be made. The franchise fee formula may be
changed by ordinance from time to time; however, each change must meet the same notice
requirements and may not be made more often than annually. Such fee shall not exceed any
amount that the Company may legally charge to its customers prior to payment to the City. Such
fee is subject to subsequent reductions to account for uncollectibles and customer refunds
incurred by the Company. The Company agrees to make available for inspection by the City at
reasonable times all records necessary to audit the Company's determination of the franchise fee
payments.
SECTION 7. LIMITATION ON APPLICABILITY; NO WAIVER.
This Ordinance constitutes a franchise agreement between the City and its successors and
the Company and its successors and permitted assigns, as the only parties. No provision of this
franchise shall in any way inure to the benefit of any third person (including the public at large)
so as to constitute any such person as a third party beneficiary of the agreement or of any one or
more of the terms hereof, or otherwise give rise to any cause of action in any person not a party
hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any
of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 8. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ordinance may be amended at any time by the City passing a subsequent
ordinance declaring the provisions of the amendment, which amendatory ordinance shall become
WS-17809602 12 5
SH155-77
effective upon the filing of Company's written consent thereto with the City Clerk within 60 days
after the effective date of the amendatory ordinance.
JMS-178096v12 6
SH l 55-77
SECTION 9. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes and replaces previous franchises granted to the Company or its
predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous
franchise shall terminate.
First Reading: June 24, 2003
Second Reading:
Adopted:
Mayor of the City of St. Anthony, Minnesota
Attest:
City Clerk, St. Anthony, Minnesota
JMS-178096v 12 7
S H 155-77
27
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 03 - 044
A RESOLUTION AUTHORIZING APPLICATION FOR A
DEVELOPMENT GRANT THROUGH THE LIVABLE
COMMUNITIES DEMONSTRATION PROGRAM
WHEREAS, the City of St. Anthony Village is a participant in the Livable Communities Act's
Housing Incentives Program for 2003 as determined by the Metropolitan Council,
and is therefore eligible to make application for funds under the Livable
Communities Demonstration Account; and
WHEREAS, the City has identified a proposed project within the City that meets the
Demonstration Account's purpose(s) and criteria; and
WHEREAS, the City has the institutional, managerial and financial capability to ensure
adequate project administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as
stated in the contract agreements; and
WHEREAS, the City Council of St. Anthony Village, Minnesota agrees to act as legal sponsor
for the project contained in the Demonstration Account application submitted on
June 30, 2003.
NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to apply to
the Metropolitan Council for this funding on behalf of the City of St. Anthony Village and to
execute such agreements as are necessary to implement the project on behalf of the applicant.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
28
EHLERS
& nssacin - ES inc MEMORANDUM
DATE: June 18, 2003
TO: Mike Morrison—City Manager
FROM: Stacie Kvilvang—Associate Financial Advisor
RE: LCDA Grant Application
The Metropolitan Council Livable 'Communities Demonstration Account is designed to fund a
variety of community development projects through loans or grants that link development and
redevelopment with transit, link affordable housing with employment growth areas, intensify
land use that leads to more compact development/redevelopment, encourage public infrastructure
that connects urban and suburban communities, attracts private sector investment, or provides
employment opportunities to residents.
For the 2003 funding round, staff would like to submit an application for an $850,000
implementation grant that would be utilized for development of a central park with lighting,
kiosks, benches, etc, as well as improvements to the storm water and infiltration ponds. If
awarded funds, the City will be able to assure that the public park will be developed as originally
envisioned by the City Council and Task Force and that the existing water quality issues can be
adequately addressed.
Application will be submitted to The Metropolitan Council on June 30, 2003, and funds will be
awarded by them in November. Please contact me at 651-697-8506 if you have any questions.
! i
29
CITY OF ST. ANTHONY
RESOLUTION 03-047
RESOLUTION APPROVING REDEVELOPMENT OPTION FOR THE
STONEHOUSE/SAV I AND FIRE STATION SITE
WHEREAS, the City of St. Anthony Village is redeveloping the site commonly referred
to as the Stonehouse site ("Redevelopment Site"); and
WHEREAS, Amcon Construction ("the Developer") submitted four (4) redevelopment
options for the Redevelopment Site to the City for review and consideration; and
WHEREAS, the City requested its Financial Consultant ("Ehlers and Associates") to
complete a fiscal analysis of the options; and
WHEREAS, the City's financial goal was to continue to generate $125,000 annually to
the City's General Fund when the redevelopment was completed; and
WHEREAS, based upon review by Ehlers and Associates, the redevelopment option that
meets the City's financial goal is Option #4 as listed on the attached memo.
NOW, THEREFORE, BE IT RESOLVED by the City of St. Anthony Village as follows:
1. That the City Council approves the development Option 44 which consists of the
City retaining ownership of a portion of the land and owning its own Municipal
Liquor Store and selling the remaining land to the Developer for development of a
restaurant pad and addition retail space.
2. That the City Manager and City Attorney are hereby authorized to proceed with
negotiating the terms of this redevelopment transaction and to prepare necessary
documents for execution by the City.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
30
EHLER;)
& ASSOCIATES INC
® To: Mike Momson— City Manager
2 From: Stacie Kvilvang—Associate Financial Advisor
WSubject: Stonehouse Redevelopment
2 Date: June 17, 2003
Overview:
On December 12, 2002, Amcon Construction submitted a proposal to the City to redevelop the
Stonehouse/SAV I and Fire Station site. The proposal outlined the construction of 26,000 sq/ft of
retail in two buildings. One building will be located on the northern portion of the property, at the
intersection of County Road 88 and Kenzie Terrace and will accommodate a 5,000 to 6,000-sq/ft
restaurant.
The second retail building, consisting of 20,000 sq/ft, will be located on the southern portion of the
site where the existing strip center is located. It is anticipated that the new 9,000 sq/ft municipal
liquor store will be located on the end cap fronting along County Road 88 and the remaining 11,000
sq/ft of retail space will span over to Kenzie Terrace.
At the time they submitted their proposal, the City informed Amcon that the size of the site was
approximately 50,000 sq/ft. Based upon this, Amcon proposed to purchase the land from the City for
$8 - $10 sq/ft or $400,000 to $500,000. In addition to submitting a purchase price for land to the
City, Amcon presented the following four(4) options on how to proceed with the redevelopment:
1. Sell the property to Amcon. Amcon would construct the new buildings and lease the City
space for its Liquor Store. The City could utilize the land sale proceeds for lease payments or
for other uses they deemed appropriate.
2. The City retains ownership of the land. Amcon would construct the improvements and lease
the land back from the City and the City would lease their space for the Liquor Store from
Amcon. The City could utilize the land lease payment they received from Amcon to offset
their lease payment.
3. Deed the Land to Amcon. Amcon would construct the new buildings and lease the City
space for its Liquor Store. The City would receive a reduced lease payment, in lieu of
payment for the land.
4. Retain a portion of the land for the City's Liquor Store and sell the remaining land to
Amcon. Amcon would construct the facility and the City would utilize the land sale proceeds
to offset the cost of purchasing the new Liquor Store.
31
Mike Momson
June 17, 2003
Page 2
Primary Issues to Consider:
1. What is the square footage of the site and how much will the City sell the land for?
2. What development option meets the City's financial goals with regards to the redevelopment?
3. How will the City pay for the acquisition of the new Liquor Store?
4. What future steps will be required by the City?
Analysis of Issues:
1. What is the square footage of the site and how much will the City sell the land for?
As stated, it was previously thought that the site was approximately 50,000 sq/ft. Based upon
work completed by WSB for this redevelopment, it was determined the site was actually 104,241
sq/ft and broken down as follows:
13,714 sq/ft—Hennepin County Easement
12,182 sq/ft— Silver Lake Road Easement (City Owned)
78,345 sq/ft—City property
This is approximately 54,000 sq/ft larger than what all parties thought the site size was.
Amcon will be purchasing approximately 95,000 sq/ft of the site, since the City will own the pad
under which the new Liquor Store resides (approximately 9,000 sq/ft). On April 22, 2003, the
City commissioned an appraisal of the property to ascertain the Fair Market Value (FMV). Based
upon the Appraisal competed by Orion, the FMV of the land was determined to be $6.80 sq/ft
(raw land). If the site was vacant, this would equate to a $646,000 land payment for the 95,000
sq/ft. However, since the land is not vacant, a buyer would typically subtract the cost to complete
asbestos abatement and demolition of the structures, which is estimated at approximately
$60,000. Based upon this, the purchase price would then be reduced to $6.17 sq/ft or$586,150.
At this time Amcon is proposing to purchase the land for $600,000, plus pay for the costs of
asbestos abatement, demolition and City consultant fees (legal and fiscal), for a total of$670,000
or $7.05 sq/ft. It should be noted that the negotiations with Amcon have not been completed and
that this may not be the final purchase price. Outstanding issues that will affect the purchase
price are final demolition and asbestos abatement costs, actual size of the parcel to be purchased,
actual lease rates obtained and the terms of Amcon's bank financing.
At the time this final information is submitted by Amcon, Ehlers will complete an Internal Rate of
Return (IRR) analysis to ascertain if the development can support a larger land payment.
32
Mike Mornson
June 17, 2003
Page 3
2. What development option meets the City's financial goals with regards to the
redevelopment?
The underlying objective that is driving the financial decision of the City on the redevelopment of
this site is that the new Liquor Store needs to generate at least $125,000 - $150,000 net profit on
an annual basis. This is the amount that both SAV I and the Stonehouse currently generates for
the City's General Fund and needs to be maintained. Based upon this, following is an analysis of
the options:
`,+L`' 'i' ';'urrs,
w,�,�,t' :n.41,� O tion,hrr� .•:t�.<<...a�4},_c __� �A_nnu_a_IrNet�Incometo�C� r
1. Sell Land and City Leases Space $10,608
2. Own Land, Developer Constructs Improvements, City $95,608
Leases Space & the Developer Lease the Land
3. Deed Land to Developer, City. Leases Space for $82,608
Reduced Price
4. Own Land & Liquor Store and Sell Remaining Land to $142,664
Developer
5. Current Status $117,000
The reason Option #1, #2 and #3 do not meet the City's financial goal is because the City is
required to lease space back from the developer. The annual lease amount is higher then the
annual amount the City would pay if it financed the construction of a new facility on its own.
Based upon the above referenced chart, it clearly shows that option #4 is the only one that meets
the City's financial objectives.
3. How will the city pay for the acquisition of the new Liquor Store?
If land sale proceeds are not adequate to finance the purchase of the new Liquor Store, the City
has the following three options:
1. Finance the remaining balance from internal City funds
2. Sell bonds or combine this bond amount with another bond issue
3. Negotiate a loan with a local bank
The preferred option on financing the acquisition of the Liquor Store will be presented to the City
Council when they are considering approval of the Development Agreement between Amcon and
the City.
Page 4
33
4. What future steps will be required by the City?
Following are future steps that will be required by the City:
1. Vacation of the Silver Lake Road easement
2. Review and approval of building plans
3. Review and approval of CUP and Variance requests
4. Review and approval of Liquor License for new restaurant
5. Review and approval of a Development Agreement with Amcon
6. Review and approval of financing of Liquor Store acquisition
Please contact me at 651-697-8506 if you have any questions.
St. Anthony Village 34
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 redevelopmeaby City Council
June 30,2003: Final determination of property to be salvaged fro. *d"eeIpment
ffl .,
June-July 2003: Finalize negotiations/terms of Redevelopmgnt grote ent
June 24, 2003: City Council Preliminary Site Plain.'°iew
July 8,2003: Project Team meeting at 10:00 -.m7- Ehlers Officer
July-Oct 2003: Submit application for IT%uor licensor new restau t and approval by City Concil
July 2003: Send outzbids for asbq 'os_abatemen oTo-cammence hYlate August, early September
Jul 11, 2003: Dorsey ffimzes draft�of TD velopment Agreement 1;
t:V
a_
July 15, 2003: Planning Gormmission Fin al4Site Plan Review, CUP"and variance approval
N
July 17, 2003: Eh rs su mits staffTe'coo ndati for approval of Development Agreement
July 22, 2003: y M Prdj "Veam meeting at l O� ,a:m -Ehlers Office
/// July 22, 2003: - t Ci Coorai'1 FinallSite Plan Review, CUP and variance approval
/1 July 22, 2003: '_' ` Approval 6 evelopment Agreement by City Council-7:00 p.m.
July 23, 2003: Arric'on signage can be placed upon the site previewing the new development
September 8, 2003;x; Property closing transaction(both SAV I and Fire Station have relocated)
September 9, 200 , " Begin asbestos abatement
September 15, 2003 Begin demolition/construction
March 2004: Project completed
"IER
M
M.n
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...............
.............. ....
Fir... ..... .... . ......
..............
...............................
................. ..........
as::....................................................
.......... . ...... ... . ...
Design Phasa:
1190 Oertel Architects - Design Phase 22MAY03 15AUG03 ME Oertel Architects
. . . . . . . . . . . . . . .
1410 Planning Commission Design Review 17JUN03 17JUN03 I Planning Commission Design Review
. . . . . . . . . . . . . . . . . . . . . .
1420 Conditional Use Permit Public Hearing 15JUL03 15JUL03 lconditiorial Use Permit Public Hearing
. . . . . . . . . . .
:.: 1430 City Council Design Approval 22JUL03 22JUL03 City Council Design Approval
05AUG03 05AUG03
1380 Bid Date-Structural Steel I Bid Date-Structural Steel
1381 Bid Date-Site Packane 05AUG03 05AUG03 I Bid Date-Site Package: : : : :X
. .. . . . . . . . . . . . . .. . . . . . . . . . .
1385 City Council Approval -Site/Steel Packages 12AUG03 12AUG03 ]Pity.Council Approval 7 Site/Steel,Packages
1415 Site Construction Phase 13AUG03 23SEP03 Site Construction Phase
1.1. 1382 Bid Date- Building Package 16SEP03 16SEP03 I Bid Date-Building Package. . . . . .
1395 City Council Approval -Building Package 23SEP03 23SEP03 I City Council Approval-.Building Package
. . .. . . . . . . .
...................... ......................................... ............................. ..........................................
B u i I d i r
1405 :�:rBuildinq Construction Phase 24SEP03 28MAY04 :::::::::::::::>::»::>::>::::>::::.....::::::>
Own
1425 Owner Move-in 31 MAY04 31 MAY04 . . . . . . . . . . . . . . .
.................................................................................. ............... .............................................. .....................................
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Architects-Design Phase:
1195 Oertel Architects- Design Phase 22MAY03 22AUG03 Oertell
1416 Planning Commission Design Review 17JUN03 17JUN03 Planning Commission Design Review: . . . . . . .
. . .. . . . . . . . . .
1386
Bid Date-Structural Steel 07AUG03 07AUG03 Bid Date-Structural Steel
1387 Bid Date-Site Package 07AUG03 07AUG03 I Bid Date-Site Package
. . . . .. . . . . . . . . . .
Site/Steel Packages
Pity Council Approval
1390 City Council Approval -Site/Steel Packaqes 14AUG03 14AUG03 ,-
.......... ............. ........I................ .........
1406 Site Construction Phase 15AUG03 090CT03 Site Construction Phase
. . . . . . . . . .
1389 Bid Date- Building Package 23SEP03 23SEP03 I Bid Date- Package i
Buildng
. . . . . . . . . .
1400 City Council Approval -Building Package 30SEP03 30SEP03 pit
ry Council Approval. Building Package
I:Bu
1396 1 Buildinq Construction Phase 101OCT03 111JUN04 ...........
1411 owner move-in 114JUN04 114JUN04 . . . . . . . . I&
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
0 Primavera Systems, Inc.
June 18, 2003
'! hgny illa e FUTURE COUNCIL AGENDA ITEMS
Meeting Date Meeting Type Staff Present Items/Issues
July 8 Regular Cancelled
July 22 Regular Planning Commission-July 22, 2003
a. CUP/variance -Amcon
b. CUP/variance-Fire station
c. Variance-Public Works
Public hearing on TIF plan; adopt TIF district 3-5
Res. order feasibility report for 2004 street
improvements
Public hearing on vacation of Silver Lake Road
easement on the Stonehouse property
HRA Res., adopt modification plan for the TIF district 3-5
HRA Approve Development Agreement with Amcon
July 29 Work Session 6:30 pm Joint meeting with ISD#282
August 12 Work Session Council 5:30 pm Review 2004 budget
August 26 Regular Planning Commission issues
Kraus- Consider bid packages for Fire&Public Works
Anderson facilities
July 2003
Monthly Planner
1 2 3 4 S
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
IS 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
Commission Planning
Commission
20 21 22 23 24 25 26
7:00 PM Council
Meeting
27 28 29 30 31
6:30 PM Aug 2003
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
August 2003
Monthly Planner
1 2
Jul 2003 Sep 2003
S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 4 5 6
6 7 8 9 10 11 12 7 8 9 10 Il 12 13
13 14 15 16 17 18 19 14 15 16 17 18 19 20
20 21 22 23 24 25 26 21 22 23 24 25 26 27
27 28 29 30 31 28 29 30
3 4 5 6 7 8 9
10 11 12 13 14 15 16
7:00 PM Parks 7:00 PM
Commission Regular Council
meeting Meeting
17 18 19 20 21 22 23
7:00 PM
Planning
Commission
meeting
24 25 26 27 28 29 30
7:00 PM
Regular Council
meeting
31
INVESTMENT PORTFOLIO: 05/31/2003
Interest Date
BREMER-ST ANTHONY BANK Rate Purchased Maturi Book Value
INVESTMENT DEMAND-MONEY MARKET SAVINGS 1.75% 1 DAY LIQUIDITY(SWEEP) $20,592.50
4/M GENERAL
$151,000 GENERAL ELECTRIC COMM PAPER 1.221% 02/28/03 06/20/03 $150,436.27
$716,000 LOCKHART FUNDING COMM PAPER 1.120% 03/25/03 06/20/03 $714,096.63
$864,532.90
4/M ARMY-WATER FILTRATION
$1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22/29 $191,662.50
$ 240,000 FED HOME LOAN BANK-ZERO COUPON 6.00% 08/05/02 08/15/22 $61,800.00
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/28 $101,033.87
$500,000 SCALDIS CAPITAL COMM PAPER 1.067% 05/27/03 08/15/03 $498,833.33
$500,000 LOCHART FUNDING COMM PAPER 1.070% 05127/03 08/15/03 $498,833.33
$469,000 GENERAL ELECTRIC COMM PAPER 1.070% 05/27/03 08115/03 $467,905.67
$1,820,068.70
DAIN RAUSCHER-GENERAL
GNMA POOL 4734 8.50% 02/01175 01/15/05 $55.37
GNMA POOL 6472 7.50% 07/01/75 07/15105 $291.69
GNMA POOL 14376 7.50% 03/01/77 03/15/07 $988.34
GNMA POOL 23364 9.00% 09/01f78 09/15/08 $457.01
GNMA POOL 23356 9.00% 11 101(78 11/15/08 $1,081.31
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22/29 $99,948.90
$285,000 GENERAL ELECTRIC COMM PAPER 1.588% 04/17/03 08/15/03 $283,598.46
$100,000 RESOURSE BANK C/D 5.000% 09/19/02 09119/17 $100,000.00
$586,421.08
DAIN RAUSCHER-HONEYWELL -
$100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15/99 03/08/29 $10,105.00
$100,000 LASELLEBANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 LASELLEBANK-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.375% 01/08103 01/22/23 $28,480.61
$100,000 LASELLEBANK-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$320,000 GENERAL MOTORS COMMECIAL PAPER 1.598% 04/17/03 08/15/03 $318,416.38
$288,000 GENERAL MOTORS COMMECIAL PAPER 1.110% 05/20/03 08/15/03 $287,245.18
$ 40,000 FED HOME LOAN MORTGAGE CORP-6.515% 6.515% 11/27/02 07/11/14 $41,050.00
$827,715.06
DEAN WITTER
$680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06/15/01 04/05/19 $97,722.56
$520,000.00 .MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00
$690,000.00 SEARS ROEBUCK COMM PAPER 1.150% 05/12/03 08/15/03 $687,906.04
$200,000.00 FEDERAL HOME LOAN BANK 6.00% 11/14/01 11/14/16 $200,000.00
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28/01 12/15/16 $200,000.00
$100,000.00 FHLMC MED TERM NOTE 6.25% 07/31/02 07/31/17 $100,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10/25/16 $200,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 8.15% 11/26/02 06/09/10 $206,800.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22/27 $100,250.00
$1,992,155.60
Time6/11/2003 MONTHLY INVESTMENT REPORT MAY 20031NVESTI
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/O 7.24% 04/20/93 03/25/23 $17,800.76
$200,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 06/28/02 06/27/16 $200,000.00
$100,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 08/05/02 08/05/16 $100,000.00
$250,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 08/28/02 08/28/17 $250,000.00
$200,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 11125/02 12113/17 $200,000.00
$1,000,000-FHLMC-ZERO COUPON BOND 7.75% 12/27/01 12/27121 $218,553.80
$1,000,000-GE CAPITAL COMMERCIAL PAPER 1.163% 05/12/03 08/15103 $997.430.50
$1,983,785.06
TOTAL BOOK VALUE $8,095,270.90
-----------------
-----------------
I
Time6/11/2003 MONTHLY INVESTMENT REPORT MAY 20031NVESTI
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
June 24, 2003
Call to Order
Roll Call
I. Approval of June 24, 2003 H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember or citizen so requests, in which
event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approve May 28, 2003 H.R.A. Minutes. (p. 1 - 4)
B. Claims. (p. 5)
III. Public Hearings.
A. Resolution HRA 03-014, re: Approval of the sale of properties located on
Kenzie Terrace owned by the St. Anthony Village HRA. Stacie Kvilvang, Ehlers &
Associates, will be present. Action requested. (pp. 6 - 18)
III. General Policy Business of the H.R.A.
A. Resolution HRA 03-013, re: Decertification of Kenzie Terrace Tax Increment
District. City Attorney Jerry Gilligan, Dorsey & Whitney, will be present. Action
requested. (pp. 19 - 20)
IV. Staff Reports.
V. H.R.A. Commissioner Comments.
VI. Information and Announcements.
VII. Adjournment.
01
1 CITY OF ST. ANTHONY
2
3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
4
5 May 28, 200')
6
7 CALL TO ORDER.
8 Chair Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Chair Hodson invited the H.R.A. and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Commissioners present: Chair Hodson; Commissioners Sparks, Thuesen, Horst, and Faust.
15 Commissioners absent: None.
16 Also present: Executive Director Michael Mornson and City Attorney Jerome
17 Gilligan.
18
19
20 I. APPROVAL OF MAY 28, 2003, H.R.A. AGENDA.
21 Motion by Commissioner Faust to approve the May 28, 2003, Housing and Redevelopment
22 Authority Agenda as presented.
23
24 Motion carried unanimously.
25
26 II. CONSENT AGENDA.
27 Motion by Commissioner Thuesen to approve the Consent Agenda, which consisted of-
28
29 A. H.R.A. Meeting Minutes of May 13, 2003; and
30 B. Claims.
31
32 Motion carried unanimously.
33
34 III. GENERAL POLICY BUSINESS OF THE H.R.A.
35 A. H.R.A. Resolution 03-011, re: Lease revenue bonds for public facilities development.
36 Jim Prosser, Ehlers & Associates, came forward to update the HRA regarding the lease revenue
37 bonds for public facilities development. He stated $5,530,000 in public facilities lease revenue
38 bonds had been sold. Three bids had been received. The true interest rate bid of 3.7846% was
39 accepted, which would qualify for MBIA insurance. The HRA does need to close on the
40 property prior to closing on the bonds on July 2. The excellent rating was received because the
41 insurance was purchased with an AAA rating. Also, Mr. Prosser stated that the City has strong
42 underlying credit and this is the right time to be in the market. He said that the overall interest
43 cost was roughly $1 million less than anticipated.
44
45 Mr. Prosser discussed the estimated impact on the taxpayers' property. He said that in February
46 it was estimated that the approximate impact on a $200,000 home would be$200. He stated the
47 actual cost would be 20% lower at $160. In addition, the average cost during the first year would
48 be approximately 5% lower.
02
Housing and Redevelopment Authority Meeting Minutes
May 28, 2003
Page 2
1
2 Mr. Prosser added that the City was taking action to decertify the Kenzie district, and that alone
3 would reduce this impact by 6% and would have some impact on general property tax, as well.
4 Mr. Prosser thanked the staff and stated that this would not have happened without the overall
5 good planning of the staff.
6
7 Commissioner Sparks asked if decertification would affect only general property taxes and not
8 what the City is paying on the bonds. Mr. Prosser responded that the City would be adding an
9 additional value of approximately 6% onto the whole tax base. Because distribution would be
10 over a larger tax base, the impact upon the individual taxpayer would be less.
11
12 Motion by Commissioner Faust to adopt H.R.A. Resolution 03-011 re: lease revenue bonds for
13 public facilities development for$5,530,000 at a rate of 3.7846%.
14
15 Discussion:
16 Commissioner Thuesen stated that, because the paying agent was Wells Fargo, he felt he should
17 reveal that his wife works in that division. However, he felt he would be able to vote because his
18 wife was not working directly on the account.
19
20 Commissioner Sparks stated she had received an e-mail wondering if the City was rushing into
21 this project. She said the City's thinking was that this issue has been discussed and irivestigated
22 for approximately four years. Previous City Councils have been involved in it. She listed the
23 forces that had converged to make this the time to go ahead. Commissioner Sparks restated that
24 this has been a long process.
25
26 Motion carried unanimously.
27
28 B. H.R.A. Resolution 03-008, re: Authorize purchase of 3505 Silver Lake Road
29 C. H.R.A. Resolution 03-009, re: Authorize purchase of 3501 Silver Lake Road
30 Executive Director Michael Mornson stated that the Christen property was known as site one for
31 the fire station. He said an agreement had been made, which was a standard resolution. The
32 property had been appraised and the purchase prices were as listed in the copies of the letters
33 given to the H.R.A. members. He stated there was nothing to indicate backing away from the
34 environmental work.
35
36 Commissioner Sparks asked how much faith should be placed in that indication. Mr. Mornson
37 responded that the standard procedure appropriate for any personal property was used.
38
39 Motion by Commissioner Thuesen to adopt H.R.A. Resolution 03-008, re: authorize purchase of
40 3505 Silver Lake Road.
41
42 Friendly amendment was suggested by Commissioner Faust to include both H.R.A. Resolution
43 03-008 and H.R.A. Resolution 03-009 in the same motion.
44
03
Housing and Redevelopment Authority Meeting Minutes
May 28, 2003
Page 3
1 Motion by Commissioner Thuesen to adopt H.R.A. Resolution 03-008 re: authorize purchase of
2 3505 Silver Lake Road and H.R.A. Resolution 03-009 re: authorize purchase of 3501 Silver Lake
3 Road.
4
5 Discussion:
6 Commissioner Sparks asked if the City had liability if further contamination was detected. City
7 Attorney Jerome Gilligan responded that once the site evaluation had been performed the City
8 could move forward. Chair Hodson stated that a successful Phase 1 review had been completed
9 on the property.
10
11 Jeff Oertel, Oertel Architects, came forward and stated that Braun Intertec had been on the site
12 last week. Each person involved in the Phase 1 review was comfortable with the results, and
13 they did not feel Phase 2 was necessary. Mr. Oertel proceeded to explain procedures used and
14 results obtained. He stated all borings came up clean. There was only evidence of minor spills.
15 However, he did recommend that a"Response Action Plan"be prepared in case something
16 should arise during construction. He restated that all those involved were comfortable with the
17 results.
18
19 Commissioner Faust stated that the only reason to go beyond Phase 1 would be if something
20 were found. Mr. Oertel said that was correct.
21
22 Commissioner Horst stated that one of the concerns was that the soil was not strong enough on
23 that site to hold the fire station. He questioned what had been done to address the possible need
24 for a buildup. Mr. Oertel responded that it had been ascertained that the bearing capacity would
25 be 2000 psi, which would be adequate. He said the top layers of the soil were mostly sandy clay,
26 primarily dense. He added that there was only a minor concern regarding one corner of the site;
27 however, building was not planned there.
28
29 Commissioner Horst stated that the footprints looked like some land excavation and building up
30 would be required. Mr. Oertel responded that some would be needed. More would be known
31 when a survey was received. It was advised that if more fill were needed, fill material would be
32 available in the next month or two.
33
34 Commissioner Thuesen asked if not as much soil was moved when in a situation where there was
35 a question of contaminated soil. Mr. Oertel responded that, if contaminated material were found,
36 the best plan would be to get rid of it. He added that there were two or three different ways of
37 handling it.
38
39 Commissioner Thuesen asked if a plan was needed to deal with potential psi issues. Mr. Oertel
40 stated that the soils were very easily managed. The only real concern would be if there were oil
41 leaks from any of the tanks or something was hidden that had not been found by the soil borings.
42
43 Motion carried unanimously.
44
®4
Housing and Redevelopment Authority Meeting Minutes
May 28, 2003
Page 4
1 D. H.R.A. Resolution 03-010 re: Authorize project team to proceed with design work for
2 Public Facilities Project as well as entering into a contract with Oertel Architects
3 Executive Director Michael Mornson asked Jeff Oertel, Oertel Architects, if he would address
4 the H. R. A. Mr. Oertel indicated that the schedule put forward was on a fast track because both
5 the fire station and public works department would be displaced. He felt this schedule would
6 take many weeks off the time needed. A schedule was given to the H.R.A. members.
7
8 Motion by Commissioner Faust to adopt H.R.A. Resolution 03-010 re: authorize project team to
9 proceed with design work for Public Facilities Project as well as entering into a contract with
10 Oertel Architects.
11
12 Discussion:
13 Commissioner Sparks asked Mr. Mornson to address the type of supervision that would be
14 implemented. Mr. Momson responded that there would be a team approach with the architect
15 and Krause-Anderson. Someone would be at the site at all times. He indicated there would be a
16 site work bid and a building work bid. Each would be contracted out separately to get the"best
17 bang for the dollar." Mr. Mornson added that someone who represented the City would also be
18 monitoring the work.
19
20 Commissioner Sparks stated that the same people building would not be supervising. Mr.
21 Mornson said that was correct.
22
23 _Motion carried unanimously.
24
25 IV. STAFF REPORTS.
26 None.
27
28 V. H.R.A. COMMISSIONER COMMENTS.
29 None.
30
31 VI. INFORMATION AND ANNOUNCEMENTS.
32 None.
33
34 VII. ADJOURNMENT.
35 Motion by Chair Hodson to adjourn the meeting at 7:32 p.m.
36
37 Motion carried unanimously.
38 Respectfully submitted,
39 Marjorie R. Jenkins
40 TimeSaver Off Site Secretarial, Inc.
41
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/17/2003 09: Check Register GL540R-V06.54 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
HRA1 HOUSING & REDEV CHECKING
.00001 CHICAGO TITLE INSURANCE 5226 06/25/03 544.00
008736 CREATIVE FORMS & CONCEPT 5227 06/25/03 270.55
008667 DAHLGREN, SHARDLOW AND U 5228 06/25/03 1,356.22
008698 EHLERS & ASSOCIATES, INC 5229 06/25/03 19,278.75
008892 GOODWIN COMMUNICATIONS G 5230 06/25/03 570.00
008898 JMS COMMUNICATIONS & RES 5231 06/25/03 5,830.00
008962 LHB ENGINEERS & ARCHITEC 5232 06/25/03 4,545.67
008961 OERTEL ARCHITECTS 5233 06/25/03 14,000.00
003560 TRACY PRINTING 5234 06/25/03 1,360.00
HOUSING & REDEV CHECKING 47,755.19 ***
NOTICE OF PUBLIC HEARING 06
ON THE SALE OF PROPERTY LOCATED
AT 2534, 2538, 2542, 2546 and 2548 KENZIE TERRACE
CITY OF ST. ANTHONY VILLAGE
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT THE Housing and Redevelopment Authority of the City
of St.Anthony Village, Minnesota will hold a public hearing on Tuesday,June 24,2003,at 7:00 p.m.
in the City Hall Council Chambers, 3301 Silver Lake Road, St. Anthony Village MN to consider sale
of five(5)vacant lots described below,pursuant to Minnesota Statutes,Section 469.105,subdivision
2.
2534 Kenzie Terrace
2538 Kenzie Terrace
2542 Kenzie Terrace
2546 Kenzie Terrace
2548 Kenzie Terrace
The public hearing is on the sale of these lots to Autumn Woods II LP forthe development of
34 senior rental-housing units.
A copy of the proposed terms and conditions of the sale are on file in City Hall. Anyone
desiring to be heard during this public hearing will be afforded an opportunity to do so. At the
hearing the Board of Commissioners of the Authority will decide if the sale is advisable.
(To be published in the St. Anthony Bulletin on June 11, 2003.)
Housing and Redevelopment Authority
City of St. Anthony Village
®7
CITY OF ST. ANTHONY VILLAGE
H.R.A. RESOLUTION 03 - 014
A RESOLUTION APPROVING THE SALE OF PROPERTIES
LOCATED ON KENZIE TERRACE OWNED BY THE ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY
WHEREAS, the St. Anthony Housing and Redevelopment Authority desires to sell the
following H.R.A.-owned properties for redevelopment purposes:
1. 2534 Kenzie Terrace
2. 2538 Kenzie Terrace
3. 2542 Kenzie Terrace
4. 2546 Kenzie Terrace
5. 2548 Kenzie Terrace
WHEREAS, Request for Proposals were sent out and two were received; and
WHEREAS, following review of the proposals, the H.R.A. approved LaNel Financial's
development concept for said 1.06 acre site to construct 38 rental units; and
WHEREAS, the City's financial advisors, Ehler's & Associates, recommended the H.R.A. sell
said lots as proposed.
NOW, THEREFORE, BE IT RESOLVED that the St. Anthony Housing and Redevelopment
Commissioners hereby approve the Purchase Agreement with LaNel Financial (Autumn Woods
LLP) for the above-named properties at a purchase price of$285,000, based upon the conditions
as set forth in the Agreement.
BE IT FURTHER RESOLVED, that the St. Anthony H.R.A. hereby authorizes the Chair and
Executive Director to execute said Agreement.
Adopted this day of 52003.
Chair
Executive Director
EHLERS °8
&. ,, ssacin -ES INC MEMORANDUM
DATE: June 18, 2003
TO: Mike Morrison—City Manager
FROM: Stacie Kvilvang—Associate Financial Advisor
RE: Sale of HRA Owned Property on Kenzie Terrace
Between 1996 and 1999, the City of St. Anthony Village purchased the following five (5) single-
family homes along Kenzie Terrace, in order to assemble them into a single parcel for future
redevelopment.
---- ,SAC. ss:•+go - st'�wy, . .r-. . �:� .. ,�: per cam- '�
.C�1y�Acgws�tio� eloca�en/Demoltfionn VN all cqursit~ion 1.os `u
� 44` 1F �"ri.•� 'V:_.. tL w-�' j� 7,ziU. � i F U � �.x'
Cost ,z „� & p as
2548 Kenzie Terrace 07-029-23-23-0004 $105,000 $11,239 $116,239
2546 Kenzie Terrace 07-029-23-23-0005 $62,000 $11,871 $73,871
2542 Kenzie Terrace 07-029-23-23-0006 $94,000 $13,646 $107,646
2538 Kenzie Terrace 07-029-23-23-0007 $70,000 $9,946 $79,946
2534 Kenzie Terrace 07-029-23-23-0008 $53,000 $14,101 $67,101
TOTAL N/A $384,000 $60,803 $444,803
On May 3, 2002, the City sent a Request for Proposals T� ,
(RFP) to five (5) residential developers who had inquired
and shown interest in redeveloping this 1.06-acre site for
both owner-occupied town homes and multi-family rental
developments. On May 29, 2002, the City received two ! /
submittals from developers in accordance with the \,
requirements of the RFP. At their June 17, 2003 meeting, c °'` _ _
the Housing and Redevelopment Authority (HRA)
approved LaNel Financial's development concept they
submitted in response to the RFP.
Autumn Woods 01
Senior Apartments f°
LaNel Financial currently owns the Autumn Woods
Apartments, a senior-rental community located t�
immediately adjacent to the redevelopment site on the east.
They initially proposed to purchase the HRA land for �i� = 1
$150,000 ($7,500/unit) and construct 20 senior rental units.
Since that time they have refined the site plan and are now proposing to construct 38 units and
purchase the land for $285,000.
After being selected by the HRA to develop the property, LaNel Financial approached the single-
family homeowners to the south of this property to inquire if they were interested in selling their
property to them for the development of additional senior housing units. Some of the property
owners were willing to look at selling their property and proposed an acquisition price to LaNel
Financial's Broker. Based upon their proposed acquisition price(s), it was determined by LaNel
Financial, Ehlers and City Staff that incorporating these properties into the development would
not be financially feasible. Therefore, LaNel Financial has proposed to move forward with the
original development plan for the properties located on Kenzie Terrace only, as outlined in the
chart on the following page:
Mike Morrison 09
Sale of Kenzie Terrace Property
June 18, 2003
Page 2
nadNtrRed�l u. ¢E_mRi
ft1: 1 77 °„11L e.ri
y � � Ee`�%" �" �zct ..,-�' a -T`' '�'?. �' . 'RB x ,,u d,�-°•'^t•7'i]C3"5�' �a:lo�
`E 0 P- #a!
Ninen : r ' s U tton of � Tt a� fist >x�
Za'luatIoi�w Taxes c :f of Land msItionWP
`�
`�, � � •., r N ,- sue{ . ,,+ � a1(,€L-,,�, r �_'� `-�esr'�z,
s ',.� �' 6* .t,r� �v �S,'dxl8'PrICe
*.�..k
LaNel 38 Rental Units $3,610,000 $62,974 $21,229 $285,000 $159,803
$95,000/Unit)
5 Single-Family
Pre-Redevelopment Homes $375,000 $4,077 $724 N/A N/A
($75,000/Unit)
As noted in the above referenced chart, there is a significant increase in property valuation due to
the redevelopment and a significant increase in overall taxes generated by the new development,
thus increased tax revenue to the City. Based upon this information, the City will recapture their
investment in the property in 7 '/z years through the sale of the land and the increased City
portion of taxes that will be generated by the new development.
Recommendation:
Ehlers recommends that the HRA sell the Kenzie Terrace lots to LaNel Financial based upon the
proposed terms of the Purchase Agreement. This action will allow the closing for the property
to commence by August 15, 2003, with construction slated to begin on September 1, 2003.
Please contact me at 651-697-8506 if you have any questions.
10
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Agreement") is made and entered into this day
of , 2003, by and between Autumn Woods II L.P., a Minnesota limited partnership
("Buyer"), and Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body
corporate and politic (the "Seller").
WITNESSETH:
1. Property. In consideration of the delivery of Buyer to Seller of the amount of
One Dollar($1.00) (the "Earnest Money"), the receipt of which is hereby acknowledged, and in
further consideration of the covenants, hereinafter set forth and other valuable consideration, the
sufficiency of which is hereby acknowledged, Buyer agrees to purchase from Seller that certain
real property located at 2534, 2538, 2542, 2546 and 2548 Kenzie Terrace in St. Anthony,
Hennepin County, Minnesota, and legally described in Exhibit"A"which is attached hereto and
by this reference made a part hereof(the "Property"). The Buyer intends to construct a 38-unit
adult residential rental development on the Property (the "Project").
2. Purchase Price. The purchase price to be paid by Buyer to Seller for the Property
shall be the sum of Two Hundred Eighty-five Thousand and no/100 Dollars ($285,000.00) (the
"Purchase Price") and shall be paid to Seller on the Closing Date as follows:
2.1 Earnest Money payment of$1.00, the receipt of which is hereby
acknowledged; and
2.2 The balance of$284,999.00 on the Closing Date.
3. Closing Date. The date of closing (the "Closing Date") of the transaction
contemplated hereby (the "Closing") shall not be later than September 1, 2003, or at such other
mutually agreeable time has been agreed to in writing by Buyer and Seller. At the Closing, Seller
shall execute and deliver to Buyer a quit claim deed (the "Deed")to the Property.
4. Buyer's Contingencies. It is specifically understood and agreed by and between
the parties hereto that Buyer's obligations hereunder are contingent upon the conditions
precedent set forth in this Section 4. Buyer shall have the right to determine, in its sole
discretion, whether the conditions precedent have been satisfied. Upon the failing of any of such
conditions precedent, the Earnest Money shall, upon written notice by Buyer to Seller, be
returned by Seller to Buyer and this Agreement shall thereupon terminate and be of no further
force or effect. The conditions precedent are:
4.1 The ability of Seller to convey marketable fee title to the Property, as
herein set forth, free and clear of any and all liens or encumbrances whatsoever, subject to
the following exceptions to title:
(a) Building and zoning laws, ordinances and regulations; and
' 11
(b) Reservation of minerals or mineral rights to the State of
Minnesota; and
(c) Public utility,roadway and other easements which will not
adversely affect the development and use of the Project pursuant to
Buyer's development plans.
4.2 Buyer obtaining financing for the Project on terms acceptable to Buyer in
Buyer's sole discretion.
4.3 Seller's performance of all of the covenants required to be performed by it
on or prior to the Closing Date.
4.4 City approval of the Project as proposed by Buyer.
In the event that any of the foregoing conditions precedent cannot be satisfied and Buyer
does not close by reason thereof, this Agreement shall terminate and be of no further force or
effect and the Earnest Money shall be returned to Buyer. Upon such return, neither party shall
have any further rights, duties, obligations or liabilities, at law or in equity, arising out of or
related to the Agreement. Buyer's acceptance of the Deed at Closing shall constitute satisfaction
of the foregoing conditions, unless otherwise agreed in writing by Seller and Buyer.
5. Condition of Title. Seller shall, within thirty(30) days after acceptance of this
Agreement, furnish to Buyer, at Seller's cost and expense, a commitment for title insurance
issued by Commonwealth Land Title Insurance Company including proper searches covering
special assessments, bankruptcies, and state and federal judgments and liens (the "Title
Evidence"). Buyer will order a survey of the Property (the "Survey") within five (5) days after
acceptance of this Agreement and provide a copy to Seller. If any objections to title of the
Property are made in writing by Buyer within ten(10) days after receipt of the Title Evidence and
Survey, Seller shall use reasonable efforts within ninety (90) days of such notification by Buyer
to cure the title defect or exception, either by the removal of such defect or exception or by the
procurement of title insurance providing coverage against loss or damage as a result of such
defect or exception. If Seller shall not cure such title defect or exception to Buyer's satisfaction
within such ninety (90) day period, Buyer at its option may(i) terminate this Agreement upon
written notice to Seller in which event the Earnest Money shall be refunded to Buyer and neither
Buyer nor Seller shall be liable for damages hereunder to the other; or(ii) waive the title defect
or exception and proceed with the closing of this transaction. Buyer will pay the cost for issuing
any title insurance policy and any closing costs.
6. Real Estate Taxes and Special Assessments. Real estate taxes due and payable
in the year of Closing of this transaction and installments of special assessments payable
therewith shall be pro-rated between the Seller and Buyer. Real estate taxes and assessments due
and payable in the year 2002 and all prior years on the Property shall be paid by Seller. All
levied and pending special assessments shall be paid by Seller.
2
12
7. Permitted Access and Inspection. At any time prior to Closing, Buyer and its
authorized representatives shall be permitted access to the Property at reasonable times for the
purposes of architectural inspection and design studies, and such soil borings and environmental
assessments as are deemed necessary by Buyer. Buyer agrees to indemnify and defend Seller
from, and to hold Seller harmless against any and all claims; causes of action or expenses,
including attorney's fees, relating to or arising from Buyer's presence on the Property prior to the
Closing Date. Buyer agrees to repair any damage to the Property caused by such inspections and
to return the Property to substantially the same condition as existed prior to Buyer's inspection.
Seller shall deliver to Buyer copies of all reports relating to the Property which are in its
possession. Buyer acknowledges that it is purchasing the Property based upon its own
investigation and inquiry and is not relying on any representation of Seller or other person and is
agreeing to accept and purchase the Property in"as is, where is" condition .
8. State Deed Tax. Seller shall pay the cost of any state deed tax stamps required
for recording the Deed.
9. Agreements Pending Closing. Prior to the earlier of the Closing Date or the
termination of this Agreement, Seller shall not enter into, modify or extend any leases or
contracts with respect to, or grant any option to purchase or lease, all or any portion of the
Property without the prior written consent of Buyer, which consent shall not be unreasonably
withheld.
10. Mechanics' Liens. Seller agrees to fully satisfy and discharge prior to the
Closing Date any and all existing or potential mechanics' liens affecting the Property.
11. Default. In the event of any default on the part of either party under this
Agreement which continues for ten(10) days after written notice from the other party(except
that no notice shall be required for default under any obligation to be performed at closing), the
other parry may in lieu of any other remedy provided hereunder, proceed to closing and waive
any rights or remedies for such default, or (a) if Buyer is the defaulting party, Seller may
terminate this Agreement and retain the Earnest Money, and(b) if Seller is the defaulting party,
Buyer may terminate this Agreement whereupon Seller shall return the Earnest Money to Buyer.
12. Specific Performance. If this Agreement is not canceled pursuant to the terms
hereof,Buyer and Seller shall have the right to apply for and receive from any court of competent
jurisdiction equitable relief by way of specific performance to enforce performance of the terms
hereof, plus reimbursement for costs, including reasonable attorney's fees, incurred in enforcing
this Agreement; provided, however, that an action to enforce such specific performance shall be
commenced within six (6) months after such right of action shall arise. Such right shall not
constitute an election of remedies and shall be in addition to any other right, action or remedy
Buyer or Seller has or may have at law.
13. Notices. Any notice provided for herein shall be in writing and shall be deemed
to have been sufficient if and when delivered personally or when deposited in the Untied States
Mail, certified return receipt requested, postage prepaid, and addressed as follows:
3
13
To Buyer: Autumn Woods II, L.P.
Attn: Paul Brewer
4601 Excelsior Boulevard, #601
St. Louis Park MN 55416
To Seller: Housing and Redevelopment Authority of St..
Anthony, Minnesota
c/o Michael Morrison, City Manager
3301 Silver Lake Road
St. Anthony, Minnesota 55418
or addressed to any such party at such other addresses as such party shall hereafter have furnished
notice of to the other party.
14. Completion of Project. Prior to Closing, Buyer will provide Seller with evidence,
reasonably satisfactory to Seller, that Buyer has obtained adequate financing for construction of
the Project. Buyer will, subject to unavoidable delays, complete the construction of the Project
on or prior to December 31, 2004 (the "Completion Date"), in accordance with the terms of this
Agreement, and all local, state and federal laws and regulations.
Buyer shall submit construction plans to the Seller("Construction Plans") prior to
Closing. The Construction Plans shall provide for construction of the Project consisting of
construction in conformity with this Agreement, and all applicable state and local laws and
regulations. The Seller shall approve the Construction Plans in writing if no Event of Default has
occurred and, in the reasonable discretion of the Seller, the Construction Plans: (a) conform to
the terms and conditions of this Agreement; (b) conform to all applicable federal, state and local
laws, ordinances, rules and regulations; (c) are adequate to provide for construction of the
Project; and (d) provide for minimum disturbance to neighboring properties during construction.
All work with respect to the Project shall be in substantial conformity with the
Construction Plans approved by the Seller. Buyer shall promptly begin the Project not later than
September 1, 2003 and diligently prosecute the Project to completion on or prior to the
Completion Date. Buyer shall make reports, in such detail and at such times as may reasonably
be requested by the Seller, as to the actual progress of Buyer with respect to the Project.
Buyer shall not interfere with, or construct any improvements over, any public street or
utility easement without the prior written approval of the Seller. All connections to public utility
lines and facilities shall be subject to approval of the Seller and any private utility company
involved. Except for public improvements which are assessable by the Seller or other
governmental body against other benefited properties, all street and utility installations,
relocations, alterations and restorations shall be at Buyer's expense and without expense to the
Seller. Buyer, at its own expense, shall replace any public facilities or utilities damaged during
the Project.
4
Promptly after completion of the Project in accordance with this Agreement, Buyer will
provide the Seller with a certificate of substantial completion from Buyer's architect, and the
Seller will furnish Buyer with an appropriate Certificate of Completion in recordable form as
conclusive evidence of satisfaction of the terms of this Agreement with respect to the obligations
of Buyer to complete the Project. The furnishing by the Seller of the Certificate of Completion
shall not constitute evidence of compliance with or satisfaction of any obligation of Buyer to any
mortgagee.
If the Seller shall refuse or fail to provide the Certificate of Completion, the Seller shall,
within 15 days after the Buyer provides the architect's certificate referenced above, provide
Buyer with a written statement specifying in what respects Buyer has failed to complete the
Project in accordance with this Agreement, or is otherwise in default, and what measures or acts
will be necessary, in the opinion of the Seller, for Borrower to obtain the Certificate of
Completion.
15. Time of the Essence. Time is of the essence of this Agreement.
16. Brokers. Seller and Buyer agree and acknowledge that neither party hereto is
represented by a real estate agent or broker in connection with the Agreement or the transactions
contemplated hereby.
17. Survival. All representations, warranties, covenants and agreements of the
parties hereto shall survive the Closing.
18. Assignment. Buyer may not assign its interest in this Agreement unless it first
obtains Seller's prior written consent and further provided that Buyer and its assignee shall
execute an assignment and assumption agreement in a form acceptable to Seller and such
assignment shall not relieve Buyer of its liabilities hereunder.
19. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the parties hereto, and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
5
15
BUYER:
AUTUMN WOODS II, L.P., a Minnesota limited
partnership
By: Anthony Thomas, Inc., a Minnesota
corporation
Its: General Partner
By:
Its: President
SELLER:
HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY VILLAGE,
MINNESOTA, a public body corporate and politic
By:
Its:
6
16
EXHIBIT "A"
Legal Description
Exhibit A
Legal Description
2534 Kenzie Terrace
PID: 07-029-23-23-0008
That part of the Northwest '/4 of Section 7, Township 29, Range 23 described as follows:
Commencing on a line drawn parallel with and 193.7 feet North of the South line of said
Northwest '/4 at the point at which said line intersects a line drawn South 38 degrees 16 '/2
minutes East from a point on the Southeasterly line of the Old St. Anthony and Taylor's Falls
Road which is Northeasterly 526.96 feet, measured along said Southeasterly line, from its
intersection with the South line of said Northwest 1/4; thence West along said line drawn parallel
and 193.7 feet North of the South line of said Northwest 1/4 59.72 feet to the actual point of
beginning; thence Northwesterly deflecting to the right at an angle of 50 degrees 01 minute a
distance of 48.8 feet; thence Southwesterly deflecting to the left at an angle of 91 degrees 01
minute a distance of 6.15 feet; thence Northwesterly in a straight line a distance of 86.3 feet,
more or less, to a point on said Southeasterly line of said road 473.52 feet measured along said
Southeasterly line from its intersection with the South line of said Northwest 1/4; thence
Southwesterly along said Southeasterly line 163 feet, more or less, to the intersection of said
Southeasterly line with said line drawn parallel with and 193.7 feet North of the South line of
said Northwest 1/4; thence East along said parallel line to the actual point of beginning.
2538 Kenzie Terrace
PID: 07-029-23-23-0007
That part of the Northwest Quarter of Section 7, Township 29, Range 23, Hennepin County,
Minnesota, described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence east along the South line
of said Northwest Quarter a distance of 371.37 feet to the Southeasterly line of the Old St.
Anthony& Taylor's Falls Road; thence North 51 degrees 43 1/2 minutes East along the
Southeasterly line of said road 473.52 feet to the actual point of beginning of the tract of land to
be described; thence continuing North 51 degrees 43 %2 minutes East along said road line 53.44
feet; thence South 38 degrees 16 1/2 minutes East, 172.7 feet, more or less, to an intersection with
a line drawn parallel with and 193.7 feet north, measured at right angles, from the South line of
said Northwest Quarter; thence west along said parallel line so drawn 59.72 feet; thence
northwesterly deflecting to the right at an angle of 50 degrees 01 minutes a distance of 48.8 feet;
thence southwesterly deflecting to the left at an angle of 91 degrees 01 minutes a distance 6.15
feet; thence northwesterly in a straight line 86.3 feet, more or less, to the actual point of
beginning, except that part taken for highway purposes.
A-1
•
17
2542 Kenzie Terrace
PID: 07-029-23-23-0006
Parcel 1:
That part of the Northwest Quarter of Section 7, Township 29, Range 23, Hennepin County,
Minnesota, bounded and described as follows:
Commencing at the West Quarter corner of Section 7, Township 29,Range 23 (at the
intersection of the center line of Lowry Avenue Northeast and Stinson Boulevard); thence East
along the East-to-West Quarter line of said Section 7, 371.37 feet to the Southeasterly line of the
Old St. Anthony and Taylor's Falls Road; thence North 51 degrees 43 '/2 minutes East along said
Southeasterly line 526.96 feet to the westernmost corner of the tract herein described; thence
North 51 degrees 43 %2 minutes East 50 feet along said Southeasterly line; thence South 38
degrees 16 '/2 minutes East 208.36 feet, more or less, to a point 193.7 feet perpendicularly North
from said East-and-West quarter line; thence West 63.69 feet parallel to said East-to-West
quarter line; thence North 38 degrees 16 1/2 minutes West 168.91 feet, more or less,to said most
Westerly point of tract; EXCEPTING therefrom that part which is included within the following-
described tract: That part of the Northwest Quarter of Section 7, Township 29, Range 23,
described as follows: Commencing at a point in the Southeasterly line of Old St. Anthony and
Taylor's Falls Road at a point distant 526.96 feet Northeasterly along same from the intersection
with the South line of the Northwest Quarter of said Section 7; thence at right angles to the
Southeasterly line of said Old St. Anthony and Taylor's Falls Road, Southeasterly a distance of
150 feet for the point of beginning of the land hereinafter described; thence continue
Southeasterly on said above right angles line projected a distance of 22.76 feet, more or less, to a
point distant 193.7 feet North of and at right angles to the South line of the Northwest Quarter of
said Section 7, thence Easterly and parallel to the South line of said Northwest Quarter of said
Section 7 to the point of intersection with the West line of the plat of"St. Anthony Village
Commercial Center Addition No. 1"; thence North along said West line of said "St. Anthony
Village Commercial Center Addition No. 1" to a point distant 150 feet measured at right angles
from the Southeasterly line of Old St. Anthony and Taylor's Falls Road; thence Southwesterly
parallel with the Southeasterly line of Old St. Anthony and Taylor's Falls Road to the point of
beginning.
Parcel 2:
That part of the Northwest Quarter of Section 7, Township 29, Range 23, Hennepin County,
Minnesota described as follows:
Beginning at a point in the Southeasterly line of the Highway known as Old St. Anthony and
Taylor's Falls Road as originally laid out, which point is distant 265.97 feet Northeasterly
measured along the Southeasterly line of said road from its intersection with a line drawn parallel
with and distant 193.7 feet perpendicularly North from the South line of the Northwest Quarter
of said Section 7; thence Northeasterly along the Southeasterly line of said road a distance of 8
A-2
18
feet; thence at a right angle Southwesterly a distance of 8 feet; thence at a a right angle
Northwesterly a distance of 150 feet to the point of beginning.
2546 Kenzie Terrace
PID: 07-029-23-23-0005
That part of Section 7, Township 29,North Range 23, West of the 4t'Principal Meridian,
described as follows:
Commencing at a point in Southeasterly line of Old St. Anthony and Taylor's Falls Road distant
584.77 feet Northeasterly along road from its intersection with South line of Northwest '/4; thence
Northeasterly along road 60 feet; thence Southeasterly at right angles 150 feet; thence
Southwesterly at right angles 60 feet; thence Northwesterly 150 feet to beginning, except State
Highway, according to the United States Government Survey thereof, Hennepin County,
Minnesota.
2548 Kenzie Terrace
07-029-23-23-0004
That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as follows:
Commencing at a point in the Southeasterly line of Old St. Anthony and Taylor's Falls Road,
distant 644.77 feet Northeasterly along said road line from its intersection with the South line of
said Northwest Quarter, thence Northeasterly along said road line 60 feet; thence Southeasterly at
right angles 150 feet, thence Southwesterly at right angles 60 feet, thence Northwesterly at right
angles 150 feet to beginning, excepting the Northwesterly 7 feet thereof taken for highway
purposes, according to the United States Government Survey thereof, Hennepin County,
Minnesota.
A-3
1 �
CITY OF ST. ANTHONY VILLAGE
H.R.A. RESOLUTION 03-013
RESOLUTION APPROVING DECERTIFICATION OF KENZIE
TERRACE TAX INCREMENT DISTRICT (HENNEPIN
COUNTY NO. 1950)
BE IT RESOLVED by the Board of Commissioners of the Housing and
Redevelopment Authority of the City of St. Anthony, Minnesota(the"HRA"), as follows:
1. Recitals. The HRA pursuant to the authority contained in Minnesota
Statutes, Section 469.174 to 469.179 (the"Act")has established a tax increment financing
district under the Act designated as Kenzie Terrace Tax Increment District (Hennepin County
No. 1950) (the "District"). It has been proposed that the HRA request that Hennepin County
decertify the District pursuant to Minnesota Statutes, Section 469.177, subd. 12.
2. Decertification of the District. The proposal that that HRA request that
Hennepin County decertify the District is hereby approved and the Executive Director of the
HRA is hereby directed to file with Hennepin County a written request of the HRA for
decertification of the District.
Adopted this day of , 2003.
Chair
Executive Director
1
20
g
E H LE R6
& ASSOCIATES INC
® To: Roger Larson, City of St. Anthony
From: Rebecca Kurtz& Jim Prosser, Ehlers & Associates
W Date: June 18,2003
gM Subject: Decertification of Kenzie Terrace Tax Increment Finance District
It is recommended the City of St. Anthony take action to decertify the Kenzie Terrace Tax
Increment Finance District. The District was established in 1982 to redevelop the blighted
site located in the Southwest corner of the Village. Funding for the redevelopment project
was through the issuance of Tax Increment Bonds issued in 1985 (these bonds were paid off
in 1993).
Presently, the District serves as a funding source for the City Hall/Community Center Bonds
issued in 1995.
There are several reasons for decertifying the Kenzie Terrace TIF District:
• Retire the debt. The bonds issued to finance the redevelopment are callable in
February 1, 2004, and the City has adequate cash to pay the outstanding debt,
therefore paying off all debt associated with the City Hall/Community Center
Building.
o Savings of interest. By calling the bonds, interest expense of$235,315 will
be saved.
• Restrictions on the use of funds. Under the current law, other than for the City
Hall/Community Center Bonds, the increment from the District cannot be used for
other purposes outside of the TIF District boundaries.
• Lessen the tax impact. Decertifying the District will place the property back on the
City's tax roles. This will provide a significant increase to the City's tax capacity,
and the City's expenses will be spread across a larger tax base. Therefore, the tax
burden will decrease, and the impact of future debt will not be as significant.
• Reduces impact of public facilities bond. Decertification of Kenzie reduces the
tax impact of the costs associciated with the building of the new Public Works and
Fire Station buildings.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8516 Fax: 651-697-8555
Roseville, MN 55113-1105 rkurtz @ehlers-inc.com
Apache Plaza Redevelopment 05/31/2003
Total Costs Since Inception
Payments from Developers:
Hillcrest Development $72,920.43
Met Council Grant $120,000.00
Pratt-Ordway $117.922.48
$310,842.91
Total Expenses $413.424.85 05/31/2003
Cost to HRA ($102.581.94)
Dahigren
Shardlow Ehlers&Associates WSB&Associates Tr, acv Printing JMS Communications Northfield Lines SEHlRCM Goodwin Comm Dorsey&Whitney LBH Enninners
$7,402.72 $210.00 $2.714.50 I I ^$306.00 $455.87 $1,615.00 $2,062.50 $592.03
$954.50 1,450.00$3,337.91 $1,506.00 $1,925.00
j ! _^172.00 $1,743.93 $570.00 $1,483.00 $2,184.89
$7,002.68 I $935.50 $954.50 ` ! $1,098.70 �_ $2,090.00 $2,199.80 $1,140.00 $3,545.50 $2,776.92
$15,138.88 $455.00 $942.00 $474.20 $2,260.00 $848.00
$95.00
$32,762.90 $82.00 ( $282.00 f $1,098.70 $1,320.00 $570.00
$25,780.22 $1,662.90 i $860.00 ( $1,098.70 $770.00 $190.00
$10,603.04 j j $2,911.73 $4,061.00 { $1,098.70 $9,355.00 $1,425.00
$6,369.70 $1,920.55 $5,611.03 $1,168,60 $1,045.00
$15,686.06 $3,450.00 $10,456.70 $245.13 $1,995.00
$8,003.59 $5,100.00 ' L _$10 466.00__I $47 i.20 $1,330.00
$31,11821 $3,187.50 $498.50 $1,141.12
$9,975.00
$5,733.98 $2,787.60 $658.00 $1,261.15
$1,490.12 5471.77
__ .. _� $1,091.00 $1,434.25
$560.13 $2,662.50 $508.50 $13,434.45
1 $1,774.75 i $3,750.00 $94.00
$2,567.32 $4,717.50 $188.00
j $3,754.23 $3,653.50 $106.00
1,503.00 j $4,065.00 $106.00
$1,645.50 $3,900.00 $40,542.23
$5,539.18 $4,385.63
$9,796.85 $5,850.00
$11,660.14 $6,052.50
$2,359.63 $5,587.50
$221.92 $637.50
$1,733.97 $3,342.54
$2,429.72 $2,287.50
$6,387.25 $2,137.50
$7,019.47 $7,275.00
$740.48 $656.25
$552.29 $7,156.25
$1,785.63 $97,796.12
$239.25
251.11
$232,951.83
Shaded Area Represents Before Pratt-Ordway Agreement Pratt-Ordway $117,922.48
Less: Expenditures ($150,880.70)
Retainage Balance ($32,958.22)