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HomeMy WebLinkAboutPL PACKET 03182003 Meeting Sheet IIIIII II VIII VIII VIII VIII IIII IIII 102893 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 03182003 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA MARCH 18, 2003 7 p.m., Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC INPUT Individuals may address the Planning Commission 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. 5. APPROVAL OF AGENDA 6. MEETING MINUTES 6.1 Review and Approve Planning Commission Minutes of February 18, 2003 7. COMMUNICATION WITH CITY COUNCIL 7.1 Designate a Planning Commission Member to the March 25, 2003 City Council Meeting 8. INFORMATION AND DISCUSSION 8.1 Discuss Proposed Pawnbroker Ordinance 8.2 Discuss Potential Adult Day Care Amendment to Zoning Ordinance 9. ANNOUNCEMENTS 10. ADJOURNMENT ATTENTION.PLANNING COMMISSION MEMBERS: IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUSAN HALL AT 612-706-1324. r �+ 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 February 18, 2003 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 Chair Melsha called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson,Hoska, 17 Steeves, Stromgren, and Tillman. 18 Absent: None. 19 Also present: Assistant City Manager Susan Hall. 20 21 IV. PUBLIC INPUT. 22 Hearing no comments, Chair Melsha moved forward with the agenda. 23 24 V. APPROVAL OF AGENDA. 25 4.1 Elect 2003 Chair and Vice Chair. 26 Motion by Chair Melsha, second by Commissioner Tillman, to approve the meeting 27 agenda with the addition of electing the 2003 Chair and Vice Chair. 28 29 Motion carried unanimously. 30 31 32 4.2 Elect 2003 Chair and Vice Chair. 33 Chair Melsha stated he would be happy to serve another year as Chair. 34 35 Motion by Commissioner Tillman, second by Commissioner Steeves, to elect Chair 36 Melsha as 2003 Chair. 37 38 Motion carried unanimously. 39 40 Vice Chair Stille stated he's willing to serve another year as Vice Chair. 41 42 Motion by Chair Melsha, second by Commissioner Hanson, to elect Vice Chair Stille as 43 2003 Vice Chair. 44 45 46 Motion carried unanimously. I VI. MEETING MINUTES. 2 6.1 Review and Approve Planning Commission Minutes of December 17 2002 3 Commissioner Tillman stated she would like to include details of who Ms. Pettit was 4 under IV, Public Input. Commissioner Tillman suggested adding that Ms. Pettit was 5 representing the St. Anthony Housing Group, a group of citizens concerned about 6 affordable housing in the Northwest Quadrant Redevelopment. 7 8 Vice Chair Stille asked that the motion under VIII, Public Hearings,read as follows: 9 "Motion by Commissioner Stille, second by Commissioner Hoska, to recommend 10 approval of the request of Bill Bauske, 2611 30'h Avenue Northeast, for a rear yard and 1 1 side yard variance of 10 feet for a proposed distance of five feet from rear yard and side 12 yard property lines for a non-window mounted air conditioning unit. Not granting the 13 variance would prohibit the applicant from installing an air conditioning unit and putting 14 his property to reasonable use; and that the location of the furnace in the home and the 15 placement of the home on the property was a hardship; and that the home was built in the 16 1920's before the ordinances were instituted; and that this request would not alter the 17 character of the neighborhood." 18 19 Motion by Commissioner Hanson, second by Commissioner Hoska, to approve the 20 Planning Commission meeting minutes of December 17, 2002, as amended. 21 22 Motion carried unanimously. 23 24 VII. COMMUNICATION WITH CITY COUNCIL. 25 7.1 Designate a Planning Commission member to the March 11 2003 City Council 26 Meeting. 27 Chair Melsha indicated that Commissioner Steeves was available to attend the next 28 City Council meeting on March 11, 2003. 29 30 Commissioner Tillman stated that Commissioner Hanson attended the last City Council 31 meeting for her so she could attend her daughter's choir concert. 32 33 VIII. INFORMATION AND DISCUSSION. 34 8.1 Discuss Potential Adult Day Care Amendment to Zoning Ordinance 35 Susan Hall stated that Health Care Plus, Inc. approached City staff and the City Council 36 on January 14, 2003, requesting an amendment to the City's Zoning Ordinance to allow 37 adult day care in the commercial zoning district. She said the City Council referred the 38 issue to the Planning Commission for further study and consideration. 39 40 Ms. Hall stated that day care for adults is currently not a permitted use in the commercial 41 zoning district, while day care for children is allowed. The City's Zoning Ordinance 42 states that day care centers are permitted where adult supervision and care is provided for 43 three or more children without drive-through facilities. 44 45 Ms. Hall stated that City Attorney Jerry Gilligan attended the January 14, 2003 City 46 Council meeting. She said he was asked if he saw any problems with adding the 47 amendment; while he did not see a problem with including the adult day care use, he 48 thought size of the facility might be a question to ask. He also said there may be other 49 concerns to address, which is why it was referred to the Planning Commission. -A Planning Commission Meeting Minutes February 18, 2003 Page. 3 1 2 Randall Strand, a representative from Health Care Plus, Inc. came forward to talk about 3 adult day care use and answer any questions. 4 5 Mr. Strand stated that a licensed adult day care facility would provide services for adults 6 who are unable to care for themselves during the day, but do not need nursing home care. 7 He said most of the clients would be senior citizens needing care during working hours. 8 The care provided would primarily consist of providing activities, light snacks, and 9 ensuring clients take their medications. He indicated these are the same activities found 10 in day care facilities for children. The only difference is the age of the participants. He 11 indicated that as with children's daycare, there would be no overnight stays. 12 13 Commissioner Melsha asked if adult day care centers are State regulated. Mr. Strand 14 said they are State regulated and that several different types of approval would be needed 15 before the State would grant it. He said one of the many requirements includes having 40 16 square feet of space per person. 17 18 Commissioner Tillman asked if there were different levels of facilities for different types 19 of needs. Mr. Strand said there was not, however, there's talk to eventually get to that 20 point. 21 22 Commissioner Tillman asked if there were special requirements for people with cognitive 23 impairments. Mr. Strand stated when a city gets their license they have to state what 24 kind of individual they will accept. 25 26 Chair Melsha asked if there were different zoning requirements in other municipalities. 27 Mr. Strand said after doing a quick internet search he found that Golden Valley and 28 Eagan have addressed this issue and have adopted it in the same basic district. Golden 29 Valley makes it a conditional use in the commercial district. 30 31 Chair Melsha asked what the timing was for Mr. Strand's client. Mr. Strand said the 32 process of getting it through zoning would take a few months. 33 34 Commissioner Tillman asked if he had a spot in mind for the facility. Mr. Strand 35 responded the Southern end of the City in the North Gate Office Park. 36 37 Commissioner Tillman said she thinks the facility would be a great asset to the 38 community. 39 40 Commissioner Hoska said the facility would benefit the individual attending adult day 41 care as well as their family members. He feels it's important for the elderly to be able to 42 develop friendships as well as have activities to keep them busy during the day. He also 43 said the facility would be an asset to the community. 44 45 Chair Melsha said his Dad goes to adult day care twice a week and feels adding one to 46 this community would be an asset. 47 Planning Commission Meeting Minutes February 18, 2003 Page 4 1 Commissioner Tillman said it would be nice to know specifically what the State 2 regulates. 3 4 . Commissioner Stromgren said he would be interested in knowing the State's schedule for 5 day care inspections. 6 7 Chair Melsha asked Ms. Hall to pull the Minnesota rules for adult day care. He said it 8 would provide helpful background information, in addition to seeing how other cities 9 handle it. He suggested discussing this information at the next meeting. 10 11 Commissioner Hanson asked if the adult day care facilities often have a registered nurse 12 on location. Mr. Strand responded that most facilities have a nurse that stops by 13 periodically, about on hour per day. 14 15 Commissioner Hanson asked how the cost for adult day care compares to child day care. 16 Mr. Smith indicated that the cost would be about the same,but he's unsure of the 17 amount. 18 19 Hearing no further questions, Chair Melsha moved forward with the agenda. 20 21 8.2 Discuss Proposed Pawnbroker Ordinance. 22 Ms. Hall stated that at the December 17, 2002 Planning Commission meeting,the 23 proposed Pawnbroker Ordinance was discussed. Commissioners at that time made some 24 comments and discussed them with Chris Smith of Dorsey and Whitney. She said Mr. 25 Smith made some revisions to the proposed Pawnbroker Ordinance and is in attendance 26 for clarification and questions. She indicated that Captain John Ohl of the St. Anthony 27 Village Police Department has also reviewed the Ordinance and his comments have been 28 incorporated into the latest draft. 29 30 Ms. Hall stated the Second Hand Goods Ordinance (which is a current City ordinance) 31 should also be discussed tonight. 32 33 Mr. Smith stated he didn't make many changes to the Ordinance following the December 34 17, 2002 meeting. He said he made a few changes to the Pawnbroker Ordinance based 35 on the Second Hand Goods Ordinance,however,they're very similar. 36 37 Mr. Smith reviewed the latest Pawnbroker Ordinance revisions with the Planning 38 Commission. 39 40 Mr. Smith noted that a change was made to Section 566.11 regarding people ineligible 41 for a license. He said there was previous discussion about how to determine a person 42 was of ill repute for denying a license, therefore,more specific language was added. Mr. 43 Smith indicated that similar changes were made to Section 566.17 regarding suspension 44 or revocation of a license. 45 46 Chair Melsha asked Mr. Smith to explain Minnesota Statute, Section 364.03 (under 47 Section 566.11)Mr. Smith stated it specifically related to public employment. He said Planning Commission Meeting Minutes February 18, 2003 Page 5 1 individuals could be disqualified for employment by certain occupations licensed by the 2 State if they were convicted of a crime. 3 4 Chair Melsha suggested broadening Section 566.17 to any crime that involves fraud, 5 misrepresentation, and tax evasion. Mr. smith said he could work in the language to say 6 any crime that doesn't relate to the operation of the business. 7 8 Mr. Smith said he added a statement in the Ordinance regarding not being able to sell 9 weapons at the Pawn Shop. 10 11 Chair Melsha asked what the difference was between an investigative hold and order to 12 hold under Section 566.12 (H). Mr. Smith stated an order to hold would be issued by the 13 Police Department at their discursion, in terms of what type of hold to place on the 14 goods. Mr. Smith said both the investigative hold and order to hold don't necessarily 15 need to be included. He said the investigative hold refers to a law enforcement official 16 and an order to hold is only issued by the Chief of Police. 17 18 Chair Melsha asked if an agency in a different jurisdiction could issue an order to hold, 19 or does it need to come from the City's Chief of Police. Mr. Smith stated he believed it 20 could come from a different jurisdiction. 21 22 Chair Melsha asked about inspection of items under Section 566.12. He questioned if it 23 was enough for a licensee to give consent to law enforcement officials, in terms of search 24 purposes. Mr. Smith said police could investigate at anytime when dealing with liquor 25 licenses or things that are highly regulated. 26 27 Commissioner Tillman asked about the application renewal under Section 566.08. She 28 wondered if the application would renew by default and the Council would have.to take 29 action not to renew, or if the renewal needed to be approved each year. Mr. Smith stated 30 they would have to apply each year and the Council would have to take affirmative 31 action to approve the renewal. 32 33 Commissioner Tillman said the Ordinance stated the Council may grant the renewal 34 application. Mr. Smith said he could add more specific language regarding the initial 35 application in order to make it clear. He said the intent would be for the Council to act 36 on these every year since it's such a highly regulated business. 37 38 Commissioner Tillman asked about restrictions on sale under Section 566.13 (1). Mr. 39 Smith explained it's regarding individuals who are pawning all the time. The concern 40 would be that it's stolen property. 41 42 Chair Melsha suggested tailoring the provision under Section 566.13 () to a reportable 43 transaction because a typical second hands good transaction is not reportable. Mr. Smith 44 stated some transactions are reportable and suggested increasing the amount from$25.00. 45 Planning Commission Meeting Minutes February 18, 2003 Page 6 1 Commissioner Hoska asked why there was a reduction in bond from$10,000.00 to 2 $5,000.00 from the old draft to the new one. Mr. Smith said $5,000.00 seemed to be more 3 typical in looking at other ordinances. 4 5 Commissioner Hoska asked to change the wording from "may"to "shall"under Section 6 566.12 (L),Firearms and Weapons. 7 8 Chair Melsha asked how background checks are paid for.. Mr. Smith said it's typically 9 part of the license fee a person would pay. 10 11 Vice Chair Stille said he would like system maintenance costs to be covered, for 12 example,reporting and monitoring the transactions. 13 14 Mr. Smith reviewed the Second Hand Goods Ordinance. He said many of the provisions 15 are similar to the Pawnbroker Ordinance and the language is similar as well. The main 16 difference is that there is a greater potential for stolen property with a-second hand goods 17 dealer. 18 19 Mr. Smith reviewed Section 566.04 relating to garage sales. 20 21 Mr. Smith discussed the sale and receipt of second hand clothing and shoes. He 22 suggested that these items be subject to the licensing requirements since they can be 23 expensive. 24 25 Mr. Smith reviewed page 11 of the Ordinance regarding reporting items to the police. He 26 discussed the types of transactions that would get reported to the police department. He 27 explained these would be items most likely to be stolen such as sporting equipment, art 28 work, musical instruments,precious metals, gems, and electronic equipment. 29 30 Chair Melsha asked if collectibles were included in the Ordinance. Mr. Smith explained 31 that part of the problem with collectibles is they would be difficult to define since the list 32 would need to be very specific. Chair Melsha suggested qualifying the collectibles by a 33 dollar amount. 34 35 Ms. Hall asked if antiques were covered'in the Ordinance. Mr. Smith stated they are not 36 specifically covered. He said some cities have a separate Antique Dealers Ordinance. 37 38 Mr. Smith said he senses from Captain Ohl's letter that stolen property goods should be 39 the focus at this time. 40 41 Commissioner Stromgren had a question about Section 565.13, Item 6. He feels the 42 wording leaves out 90%of items at a place like architectural antiques,many of which are 43 very valuable. 44 45 Chair Melsha suggested inviting Captain Ohl to the next Planning Commission meeting 46 in order to hear his direction and concerns. 47 Alarming Commission Meeting Minutes February 18, 2003 Page 7 1 Mr. Smith said he will put together a final draft from what was discussed tonight. 2 3 Ms. Hall asked if the new Second Hand Goods Ordinance is at all like the original 4 Ordinance. Mr. Smith said the new Ordinance is a lot more detailed,but he would 5 review the old Ordinance to see if anything should be added from that. 6 7 Hearing to further comments, Chair Melsha moved forward with the agenda. 8 9 IX. ANNOUNCEMENTS. 10 Commissioner Tillman welcomed Commissioner Stromgren to the Planning Commission. 11 12 Commissioner Tillman commented on the January 14, 2003 Council minutes regarding Bill 13 Bauske's variance request. The minutes read that `Mayor Hodson stated he wants to encourage 14 residents to come forward and ask for variances in order to build on their properties'. She 15 wanted to point out that the Planning Commission and Council want people to improve their 16 property, but within the limits of the code. She said residents should ask for variances only if 17 it's an insurmountable hardship. 18 19 Commissioner Hanson welcomed Commissioner Stromgren to the Planning Commission. 20 21 Commissioner Hanson indicated that on February 25, 2003 he will be discussing the potential 22 changes to the shopping center with the Mayor, the owner of the shopping center, tenants of the 23 shopping center, and the City Manager. 24 25 Commissioner Stromgren thanked the Planning Commission for the welcome and said he's glad 26 to be here. 27 28 Commissioner Stromgren gave a brief overview of his background. He said he works in 29 downtown Minneapolis as an architect and he's lived in the St. Anthony Village area for a few 30 years. 31 32 Commissioner Steeves welcomed Commissioner Stromgren. 33 34 Chair Melsha stated he attended the Northwest Quadrant Open House. 35 36 Chair Melsha said he attended a successful Goal Setting session with City Council and staff. He 37 commented on the remarkable amount of progress that was made towards the 2002 goals. 38 39 Commissioner Hoska welcomed Commissioner Stromgren. 40 41 Commissioner Hoska said he will not be able to attend the Planning Commission meeting next 42 month since he will be in Florida. 43 44 Vice Chair Stille welcomed Commissioner Stromgren. 45 46 Ms. Hall gave an update on the LaNel Financial Group proposal for the townhomes on Kenzie 47 Terrace. She said they're attempting to contact homeowners that own land on Lowry Avenue to Planning Commission Meeting Minutes February 18, 2003 Page 8 1 see if acquiring them would be a possibility. She indicated that four out of the five homeowners 2 are interested in selling. 3 4 Ms. Hall gave a brief update on the potential redevelopment of the Stonehouse. She said Amcon 5 Construction came forward and proposed to construct 26,000 square feet of a retail building into 6 two. It would include a new municipal liquor store as well as a sports bar/restaurant. 7 8 Ms. Hall said the second Public Facilities Open House was held tonight. She indicated there will 9 be another one April 22, 2003. She said the fire station location and the financing 10 recommendation will be discussed. 11 12 Ms. Hall said the Northwest Quadrant Open House went well. She said the Len Pratt 13 development team is working on refining the plan and working out more details. 14 15 Ms. Hall stated that Quest Development owns the Apache Medical Building. She said they've 16 been in contact with the City because they would like to work with Len Pratt Development on a 17 land swap. She said it's also a possibility that they would like to develop their own plan. Their 18 backup plan is to set a residential building next to the Apache Medical Building. 19 20 X. ADJOURNMENT. 21 Motion by Commissioner Stille, second by Commissioner Hanson, to adjourn the meeting at 22 8:25 p.m. 23 24 Motion carried unanimously. 25 26 27 Respectfully submitted, 28 29 30 Rebecca Roehl 31 Timesaver Off Site Secretarial, Inc. 32 MEMORANDUM DATE: 3/11/03 MEETING DATE: 3/18/03 TO: Chair Melsha & Planning Commission Memb s FROM: Susan M.H. Hall, Assistant City Manage SUBJECT: Proposed Pawnbroker Ordinance Background: For the past couple of Planning Commission meetings, Commissioners have discussed the proposed pawnbroker and second hand goods ordinances amongst themselves and with Chris Smith of Dorsey and Whitney. Mr. Smith has made revisions to the proposed ordinances, per the last conversation. Please find the latest drafts attached. Captain John Ohl of the St. Anthony Village Police Department has also reviewed the ordinances and his comments have been incorporated into the latest draft. Captain Ohl plans to be in attendance at the March 18 Planning Commission meeting, per Commissioners' request, to discuss police-related issues. A couple of comments about the attached drafts: (1) there is nothing in the ordinance as to specific license fees, as this will be incorporated into the list in Section 615 of the City Code. Thus, when the City Council passes the pawnbroker ordinance, it will also need to amend Section 615; and (2) there is not any added security language in Section 566.12(L), relating to firearms and weapons, as they are completely banned under the ordinance. Requested Action For the March 18, 2003, meeting, Commissioners can review the drafts, be prepared to discuss, and work toward finalizing the new ordinances. When it is finalized, it will be forwarded to the City Council for recommendation. Attachment: .• Proposed Draft Pawnbroker Ordinance • Proposed Draft Second Hand Goods Ordinance DRAFT NO. 2 CITY OF ST.ANTHONY,MINNESOTA Proposed Secondhand Dealers Ordinance Section 565—Secondhand Dealers 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. I 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. UNIQUE IDENTIFIER: A serial number, identification number, model number, owner applied identifier or engraving, "operation ID" number or symbol, or other unique marking. 2 565.03. 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. 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: 3 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; (c) The names and addresses of the employers or partners of the applicant's current spouse for the preceding five(5)years; (d) Whether the applicant's current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so,the applicant shall famish information as to the time,place, and offense for which convictions were had. 4 B. If the applicant is a partnership: (1) The name(s) and address(es)of all general and limited partners and all information concerning each general partner required in subpart(A) of this subsection; (2) The name(s)of managing partner(s) and the interest of each partner in the 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; (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 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 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.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. 6 565.06. 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. 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 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. 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. (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 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 (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 (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 1 (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 (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 (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 (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 (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. (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 12 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 marls 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 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. 13 (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. (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 14 the chief s 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. 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. 15 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 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 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 chief s designee, or (2) Place the item on hold or extend the hold as provided in subsection 5,65.18(B), and leave it in the dealer's premises. When an item is confiscated, the person doing so shall provide identification upon request of the dealer, and shall provide the dealer the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary,the Chief of Police or the chiefs designee shall so notify the dealer. 565.19. Inspection of Forms. The licensee must allow the Chief of Police of the chief s designee to enter the premises where the licensed business is located or business records are maintained, including all off-site storage facilities as authorized in subsection 565.22(E), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this Section or other applicable laws. .565.20. Label Required. Dealers must attach a label to every item, for which a report to the Police Department is required in subsection 565.14, at the time it is received in inventory. Permanently recorded on this label must be the number or name that identifies the transaction in the dealer's records, the name of the item, and the date the item can be sold. Labels shall not be re-used. 565.21. Prohibited Acts. The following acts are prohibited under this Section: A. No person under the age of eighteen(1.8) 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. 16 B. No dealer may receive any goods from a person of unsound mind or an intoxicated person. C. No dealer may receive any goods unless the seller presents one of the following forms of identification: (1) Current valid Minnesota driver's license. (2) Current valid Minnesota identification card. (3) Current valid photo driver's license or photo identification card issued by another state or province of Canada. D. No dealer may receive any item of property that possesses an altered or obliterated serial number or "operation identification" number, or any item of property that has had its serial number removed. 565.22. General License Restrictions. A. Firearms and Weapons. A secondhand dealer shall not receive, display or sell any merchandise consisting of a revolver,pistol, shotgun, automatic rifle, semiautomatic military- style assault weapon (as defined by Minnesota Statutes, Section 624.712), switchblade knife, or other similar weapons or firearms. B. Responsibility of Licensee. A licensee under this Section shall be responsible for the conduct of the business being operated and shall maintain conditions of order. The conduct of agents or employees of a licensee, engaged in performance of duties for the licensee, shall be deemed the conduct of the licensee. C. Gambliniz. 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. 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 17 to the facility and its contents. All property shall be stored in compliance with zoning and/or fire regulations and in an orderly manner. The premises shall also be equipped with an operational security alarm. . 565.23. Suspension or Revocation of License. A. The City Council may suspend or revoke a license issued under this Section upon a fording of a violation of. (1) Any of the provisions of this Section; (2) Any state statute regulating secondhand dealers; (3) Any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2; (4) Fraud,misrepresentation, or bribery in renewing a license; I (5) Business practices,or conduct, deemed by the City to be contrary to the best interests, or safety, of the public; or (6) Any law relating to theft,damage or trespass to property, sale of a controlled substance, or operation of a business. B: A revocation.or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the charges against the secondhand dealer. The notice may be served upon the secondhand dealer personally or by United States mail addressed to the most recent address of the business in.the license application. 565.24. Penalty. Violation of any provision of this Section shall be a misdemeanor. 565.25. Severability. Should any provision of this Section be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other than the part declared invalid. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 18 DRAFT NO. 3 CITY OF ST.ANTHONY, MINNESOTA Proposed Pawnbroker Ordinance Section 566 - Pawnbrokers 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. Defmitions. 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. 6 566.05. 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 if: (1) The applicant is a minor at the time the application-is filed;or . (2) The applicant has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2,and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03,subdivision 3; or (3) The proposed use does not comply with the St. Anthony Zoning Code; or (4) The proposed use does not comply with any health,building,building maintenance or other provisions of the City Code or state law; or (5) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter; or 9 (6) The applicant has failed to comply with one or more provisions of this Section; or (7) The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information; or (8) The applicant has committed fraud,misrepresentation, or bribery in securing a license; or (9) The applicant has committed fraud,misrepresentation or made false statements in the application and investigation for the applicant's business; or (10) Business practices, or conduct,deemed by the City to be contrary to the best interests, or safety, of the public; or (11) The applicant has violated within the preceding five(5)years, of any law relating to theft, damage or trespass to property, sale of a controlled substance, or operation of a business. . B. No license under this Section shall be issued to an applicant that is a partnership if: (1) Any general partner or managing partner of such applicant is a minor at the time the application is filed; or (2) Any general partner or managing partner of such applicant has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03; subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or (3) The proposed use does not comply with the St. Anthony Zoning Code; or (4) The proposed use does not comply with any health,building, building maintenance or other provisions of the City Code or state law; or (5) The owner of the premises licensed or to be licensed would not qualify for a license under the 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 i£ (1) Any manager, proprietor, or agent in charge of the business to be licensed is a minor at the time the application is filed; or (2) Any manager,proprietor,or agent in charge of the business has been convicted of any crime directly related.to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or (3) The proposed use does not comply with the St. Anthony Zoning Code; or (4) The proposed use does not comply with any health,building, building maintenance or other provisions of the City Code or state law; or (5) The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter; or (6) The applicant has failed to comply with one or more provisions of this Section;or (7) Any manager,proprietor, or agent in charge of the business is not a citizen of the United States or a resident alien,or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information; or 11 (8) Any manager,proprietor,or agent in charge of the business has committed fraud,misrepresentation,or bribery in securing a license; or (9) Any manager,proprietor, or agent in charge of the business has committed fraud,misrepresentation or made false statements in the application and investigation for the applicant's business; or (10) Business practices,or conduct, deemed by the City to be contrary to the best interests, or safety, of the public; or (11) Any manager,proprietor, or agent in charge of the business has violated within the preceding five(5)years, of any law relating to theft, damage or trespass to property, sale of a controlled substance,or operation of a business. 566.12. General License Restrictions. A. Records Required. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the Police Department: (1) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (2) The purchase price, amount of money loaned upon, or pledged therefor. (3) The-maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. (4). Date,time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be consecutively numbered. (5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair. (6) The identification number and state of issue from an acceptable form of identification. (7) The signature of the person identified in the transaction. 12 (8) The licensee must also take a color photograph or color video recording of: (a) Each customer involved in a billable transaction. (b) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records_of the transaction to which they relate. Such photographs must be available to the Chief of Police, or the chief s designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months, and furnish it to the Police Department upon request. (9) Digitized photographs. Effective sixty (60) days from the date of notification by the Police Department licensees must fulfill the color photograph requirements in subsection 566.12(A)(8) by submitting them as digital images, in a format specified by the City, electronically cross- referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not altar or amend the requirements in subsection 566.12(A)(8). (10) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. B. Disposition of Articles... (1) When an article of pawned or pledged property is redeemed from a licensee, the records shall contain an account of such redemption with the 13 date, interest charges accrued, and the total amount for which the article was redeemed. (2) When an article of purchased or forfeited property is sold or disposed of by a licensee and the licensee receives One Hundred Dollars ($100.00) or more in the payment thereof, the records shall contain an account of such sale with the date, the amount for which the article was sold, and the full name, current address, and telephone number of the person to whom sold. C. Inspection of Records. The records must at all reasonable times be open to inspection by the Police Department. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of one hundred twenty (120) days. D. Daily Reports to Police. Licensees must submit every reportable transaction to the Police Department daily in the following manner: (1) Licensees must provide to the Police Department all information required in Section 566.12(A)(1)through (6) and other required information, by transferring it from their computer to the Automated Pawn System via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the City using procedures that address security concerns of the licensees and the City. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the Police Department daily. (2) Billable Transaction Fees. Licensees will be charged for each billable transaction reported to the Police Department. (3) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the Police Department printed copies of all reportable transactions along with the video tape(s) for that date, by 12:00 noon the next business day; (4) If the problem is determined to be in the.licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in Section .566.12(D)(3), and must be charged a fifty dollar($50.00) reporting failure penalty, daily, until the error is corrected; or (5) If the problem is determined to be outside the licensee's system, the licensee must provide the required reports in Section 566.12(D)(3), and resubmit all such transaction via modem when the error is corrected. (6) If a licensee is unable to capture, digitize or transmit the photographs required in Section 566.12(A)(9), the licensee must immediately take all 14 required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request. (7) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. (8) Section 566.12(D)(3) through(5)notwithstanding, the Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. E. Receipt Required. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: (1) The name, address and telephone number of the licensed business. (2) The date and time the item was received by the licensee. (3) Whether the item was pawned or sold, or the nature of the transaction. (4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (5) The signature or unique identifier of the licensee or employee that conducted the transaction. (6) The amount advanced or paid. (7) The monthly and annual interest rates, including all pawn fees and charges. (8) The last regular day of business by which the item must be redeemed by the pledgor without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. (9) The full name, current residence address, current residence telephone number, and date of birth of the pledgor or seller. (10) The identification number and state of issue from an acceptable form of identification. (11) Description of the pledgor or seller including approximate sex, height, weight, race, color of eyes and color of hair. 15 (12) The signature of the pledgor or seller. (13) All printed statements as required by Minnesota Statutes, Section 325J.04, subdivision 2, or any other applicable statutes. F. Redemption Period. Any person pledging,pawning or depositing an item for security must have a minimum of one hundred twenty (120) days from the date of that transaction to redeem the item before it may be forfeited and sold. During the ninety (90) day holding period, items may not be removed from the licensed location except as provided in Section 566.14(A). Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledgor must be maintained along with original transaction record in accordance with Section 566.12(A)(10). G. Holding Period. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays. H. Police Order to Hold Property. (1) Investigative Hold. Whenever the Chief of Police or the Chief's designee notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the Police Department within seventy-two (72)hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to Section 566.12(H)(2), whichever comes first. (2) Order to Hold. Whenever the Chief of Police, or the chief s designee, notifies a licensee not to sell an item,the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the 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 chiefs designee determines the hold is still necessary and notifies the licensee in writing. (3) Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or chief s designee may: (a) Physically confiscate and remove it from the shop, pursuant to a written order from the chief or the chief s designee; or (b) Place the item on hold or extend the hold as provided in Section 566.12(H)(2), and leave it in the shop. 16 e 1 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 chief s 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 bylaw. (d) A pawnbroker may not sell a motor vehicle covered by a pawn transaction until ninety(90) days after recovery of the motor vehicle. (2) A pawn transaction that involves holding only the title to property is subject to Minnesota Statutes, Chapter 168A or 336. K. Label Required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently 17 recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the.Police Department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. L. Firearms and Weapons. A pawnbroker shall not receive, display or sell any merchandise through a pawn, purchase, or consignment or trade consisting of a revolver, pistol, shotgun, automatic rifle, semiautomatic military-style assault weapon(as defined by Minnesota Statutes, Section 624.712), switchblade knife, or other similar weapons or firearms. M. Risk of Loss. In the event pledged goods are lost or damaged while in possession of the pawnbroker,the pawnbroker shall compensate the pledgor, in cash or replacement of goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action. i 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. Penafty for Property Owner. It is unlawful for any person who owns or controls real property to knowingly permit it to be used for pawn brokering without a license. R. Premises. All property deposited, left,pledged,pawned, or held for sale must be stored in an enclosed facility and may not be stored outside of the premises. The City may, however,permit the licensee to designate one(1)off-premises locked and secured facility in which the licensee may store only cars, boats, and other motorized vehicles.The licensee shall permit immediate inspection of the facility at any time during business hours by the City. All provisions in this Section regarding record keeping and reporting shall apply to oversized items. All property shall be stored in compliance with zoning and/or fire regulations and in an orderly manner. The premises shall also be equipped with an operational security alarm. 18 ` 566.13. Restricted Transactions. A. Hours of Operation. No pawnbroker shall keep.the pawnbroker business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. B. Minors. A pawnbroker shall not purchase or receive personal property on deposit or pledge from any minor. C. Incompetent Persons. A pawnbroker shall not purchase or receive personal property on deposit or pledge from any incompetent person. D. Prohibited Goods. No licensee under this Section shall accept any item of property which contains an altered or obliterated serial number or "Operation Identification" number or any item of property whose serial number has been removed. E. Security Interest. No licensee nor any agent or employee of a licensee shall purchase, accept,or receive any article of property knowing, or having reason to know,that the article of property is encumbered by a security interest. For the purpose of this Section, "security interest"means an interest in property which secures payment or other performance of an obligation. F. True Owner. No licensee nor any agent or employee of a licensee shall purchase, accept,or receive any article of property,from any person,knowing, or having reason to know, that said person is not the true and 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 Chec . Payment of more than Two Hundred Fifty Dollars ($250.00) by a licensee for any article deposited, left,purchased,pledged or pawned shall be made only by a check, draft, or other negotiable or non-negotiable instrument which is drawn against funds held by a financial institution. This policy must be posted in a conspicuous place in the premises. I. Restrictions on Sale. A pawnbroker shall suspend for one(1)year, any business transaction with any person who has sold and/or forfeited on six(6)previous occasions articles for which the person received$50.00 or more per transaction within a single six (6)month period. 566.14. Inspection by Police. A. Premises. Any licensee shall, at all times during the term of the license, allow the Police Department to enter the premises, where the licensee is carrying on business, including all off-site storage facilities as authorized in Section 566.12)(8), during normal business hours, except in an emergency, for the purpose-of inspecting such premises and inspecting the articles and records therein to locate goods suspected or alleged to have been stolen and to verify compliance with this Section or other applicable laws. No licensee shall conceal any article in his possession from the Police Department. 19 1 B. Inspection by Police or Claimed Owner. All articles of property coming into the possession of any licensee shall be open to inspection and right of examination of any police officer or any person claiming to have been the owner thereof or claiming to have had an interest therein when such person is accompanied by a police officer. 566.15. Conduct of Persons on Licensed Premises. A. Property of Another. No person may pawn,pledge, sell, leave, or deposit any article of property not their own;nor shall any person pawn,pledge, sell, leave,or deposit the property of another, whether with permission or without; nor shall any person pawn,pledge, sell, leave, or deposit any article of property in which another has a security interest; with any licensee. B. Minors. No minor may pawn,pledge, sell, leave,or deposit any article of property with any licensee. C. Proper Identification..No person may pawn,pledge, sell, leave or deposit any article of property with any licensee without first having presented an acceptable form of identification. D. Required Signage. All licensees shall by adequate signage and separate written notice inform persons seeking to pawn,pledge, sell,leave, or deposit articles of property with the licensee of the foregoing requirements. (1) For the purpose of this subsection, "adequate signage"shall be deemed to mean at least one sign of not less than four(4) square feet in surface area, comprised of lettering of not less than three-quarters(3/4)of an inch in height,posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS. YOU MUST PRESENT VALID PHOTO IDENTIFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. (2) For the purpose of this subsection, "separate written notice"shall be deemed to mean either the receipt, as required in Section 566(12)(E), or a printed form, incorporating a statement to the effect that the person pawning, pledging, selling,leaving, or depositing the article is at least eighteen(18) years of age; is the true owner of the article; and that the article is free of all claims and liens; which is acknowledged by way of signature of the person pawning,pledging, selling, leaving, or depositing the article. 20 E. False Identification. No person seeking to pawn,pledge, sell,leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false driver's license or identification card;to any licensee. F. General Restrictions. No pawnbroker licensed under this Section shall: (1) Lend money on a pledge at a rate of interest above that allowed by law; (2) Knowingly possess stolen goods; (3) Sell pledged goods before the time to redeem has expired; (4) Refuse to disclose to the City, after having sold pledged goods,the name of the purchaser or tine price for which the item sold; (5) Make a loan on a pledge to a minor. 566.16. Restrictions Regarding License Transfer. Each license under this Section shall be issued to the applicant only and shall not be transferable to any other person.No licensee shall loan, sell, give,or assign a license to another person. 566.17. Suspension or Revocation of License. A. The City Council may suspend or revoke a license issued under this Section upon a finding of a violation of: (1) Any of the provisions of this Section; (2) Any state statute regulating pawnbrokers; (3) Any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2; (4) Fraud,misrepresentation, or bribery in renewing a license; (5) Business practices, or conduct; deemed by the City to be contrary to the best interests, or safety, of the public; or (6) Any law relating to theft,damage or trespass to property, sale of a controlled substance, or operation of a business. B. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least ten(10) days' 21 notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker. The notice may be served upon the pawnbroker personally or by United States mail addressed to the most recent address of the business in the license application. 566.18. Penalty. Violation of any provision of this Section shall be a misdemeanor. 566.19. Severability. Should any provision of this Section be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other than the part declared invalid. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clause,Sor phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 22 MEMORANDUM DATE: 3/11/03 MEETING DATE: 3/18/03 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Potential Adult Day Care Amendment Background: In January, Health Care Plus, Inc. approached city staff and the City Council requesting an amendment to the City's zoning code to allow adult day care in the commercial zoning district. The City Council has referred the issue to the Planning Commission for further study and consideration. Currently, day care for adults is not a permitted use in the commercial zoning district, while day care for children is allowed. Staff has assembled information about some of the state statutes and rules as well as what other cities have done related to adult day care. All in all, the state does highly regulate the area. It takes a license to operate an adult day care center. The City can take some comfort in this. In terms of state rules, pertinent information related to the physical plant, space requirements, building, and fire code for adult day care is attached. Some cities in the metro area have adopted amendments regarding adult day care centers, which can be found attached. In most cases, an application is pulled for a conditional use permit. Under a conditional use permit scenario, a city can look at the conditions on a case-by-case scenario. In summary, some of the parameters that cities consider include the following: • Adult Day Care Center is defined (i.e. see Golden Valley's ordinance attached). • Parking requirements (i.e. New Hope). • Specific loading/drop off requirements (i.e. New Hope). • Adequate site circulation. • Set hours of operation (i.e. 8 a.m. —5 p.m. Monday— Friday). • How many are served at the location (i.e. 12 or fewer, Shakopee). • The total usable indoor space available for participants must equal to at least so many square feet for each day care participant and each staff member (i.e. Shakopee). • Outdoor recreation area required (i.e. New Hope). Outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas (Shakopee). • Comply with all other State licensing requirements. • Some cities allow adult day care centers in other various districts (i.e. Shakopee, Golden Valley). Golden Valley allows adult day care in the commercial, light industrial, industrial, business and professional offices, and institutional zoning districts. One City that staff contacted, the City of Golden Valley, has a conditional use permit process. Attached is a conditional use permit that has been issued for an adult day care in the industrial zoning district. In addition, city staff has learned from talking with the Department of Human Services that non-residential zoning seems to be the best fit for the adult day care use. Another City that staff contacted, the City of Eagan, has a freestanding adult day care center. However, Eagan has not made any zoning changes for this. Eagan staff said a couple of years ago an adult day care center went into a larger office building. The adult day care center encompasses 1,000 square feet. Their hours of operation are from 8 a.m. until 5 p.m. They have 18-20 participants on a given day. They don't offer specialized care or treatments, but rather, it's more of a gathering place. The City of Eagan staff said the space is compatible with the use of adult day care as far as the City is concerned. Requested Action Review the .research obtained by staff and be prepared to discuss the potential amendment to the zoning code on March 18. In the end, the City Council will look for a recommendation from the Planning Commission on the issue of whether the adult day care use should be permitted, or not, and just in the commercial zoning district. Attachments: • 1/23/03 Letter of request from Randall Strand • 3/10/03 Memorandum from Jeanette Bach, League of MN Cities • Ordinance amendments for Golden Valley, Hopkins, Shakopee, and New Hope • City of Golden Valley Conditional Use Permit • Adult Day Care License (Rule 223) • State of Minnesota Adult Day Care Definitions • State Rules for Adult Day Care RANDALL K. STRAND ATTORNEY-AT-LAW 10301 Abbott Ave. N. Brooklyn Park, MN 55443 (763) 424-6172 - Fax (763) 424-6661 January 23 2003 Susan M.H. Hall Assistant City Manager 3301 Silver Lake Road St.Anthony, MN 55418-1699 Dear Ms.Hall: I represent Health Care PIus,Inc., a St.Anthony based health care provider. I met with you several weeks ago. t At your suggestion,I appeared before the City Council January 14th and requested an amendment to the zoning ordinance to allow Adult Day Care. The City Attorney suggested referring this to the planning commission. It is my understanding that you are the staff liaison for that body. The purpose of this letter is to request that this ordinance change be placed on the planning commission agenda. Current zoning rules in St..Anthony do not have a definition for adult day :c-,are facilities,-nor is it shown as a permitted use in any'zoning district. We are,_requesting-that this use be allowed in a General Commercial District. Currently,Day Care.Centers are all =-acceptable use in this zoning and there is no practical difference. Minnesota Rule 9555.9600(4) defines Adult Day Care Center as"a facility that provides.adult I , dayy care to functionally impaired adults on'a regular basis for periods"of less than 24 hours a-day in a setting other that a participant's home". A licensed adult day care facility would provide services for adults who are unable to care for themselves during the day, but do not need nursing home care. Most of the clients would be senior citizens needing care during working hours. The care provided would primarily consist of providing activities, light snacks and ensuring clients take their medications. These are the same aetivitiesfpund in dgyzare_facilities fot.childzen. The-only d-ifference'is the age of the _ participants. As with children's daycare,there would be no overnight stays. Thank you for your attention to this matter. Please let me know if it would be useful to appear at the next planning commission meeting. I look forward to hearing from you. Yours, e Randall K. Strand Adult Day Care Page 1 of 2 Susan Hall From: Bach, Jeannette Sent: Monday, March 10, 2003 5:12 PM To: 'shall @ci.saint-anthony.mn.us' Subject: Adult Day Care Dear Ms. Hall: This message responds to your request for information on regulating adult day care. Certain day care situations for adults must be permitted uses under state law. For example, M.S. 462.357 Subd. 7 requires licensed day care facilities serving 12 or fewer persons to be permitted uses in a single family residential zone. There are a couple of other thresholds described in that subdivision for other uses that did not seem to match the description of the information you were seeking, but you may wish to read it and decide for yourself: http://www.revisor.leg.state.mn.us/stats/462/357.html Likewise, licensed day care facilities serving between 13 and 16 persons in multiple family zoning district must be permitted under Subdivision 8. Subdivision 6A'requires the definition of person must be the same as used in M.S. 245A.02, Subdivision 11. Here is a link to that statute: http://www.revisor.leg.state.mn.us/stats/245A/02.html The only regulation left to cities is to impose conditions as outlined in Subdivision 8. I found a couple of examples of cities setting conditions in our files, and one setting conditions for this use, but in light industrial/commercial/business zones. They are not available electronically, but I will fax them to you at the city number. The Department of Trade and Economic Development maintains information about the requirements for various state licensures on its website. Here is a link to the page containing information on adult day care licenses: http://www.dted.state mn.us/01x03xO2xO5.asp?LicenselD=5381 It lists the state statute chapters and the administrative rule chapters that apply to it, and provides links to them. I apologize for the delay in getting this material to you. We have been experiencing a backlog of inquiries lately. As usual, this is intended as general information on your topic, not legal advice, and should not be used as a substitute for competent legal guidance. The samples may assist you in drafting your own ordinances, but will need to be tailored to meet your city's needs. As a legal document, any ordinance you draft should be reviewed by the city attorney before final council action. If I can be of any other assistance please contact me. Jeannette Bach, Research Manager League of Minnesota Cities 800-925-1122 651.-281-1223 jbach @lmnc.org This email has been scanned for all viruses by the MessageLabs SkyScan service. For more information on a proactive anti-virus service working around the clock, around the globe, visit http://www.messagelabs.com 3/11/2003 MAR-11-2003 11:37 LEAGUE OF MN CITIES P.02iO3 Classification Municipality Date �. / l Nom, 1293 - .� League of Mimesata Cities Subject � Inforsation Sorvic• M04A ' CLIPPING SERVICE HOPKINS SUN-SAILOR Hennepin Co. Sub& I=Waste t%ldtfig:all y,real Or personal,including negative and pealtiv. easements and water and arc r}g whkA la or May be 000ded or WWul for the processing disposal.lraDuer and/or storage Of aam4ots and/or aoild wastes.Waite facility includes t6 is rot limited 10 translr=and WOMS facilities and disposal aitas and facilities A"P 1 411109 3 Waste Facility does not include drop off eenteea which are&eoapa r rA a am sari whin are operated�a govetwaentall omit.civic orgeldwi lon or similar nowptofit group e:�ntaal_ roc the txllectton�ela0k waste i,Avi6=, papal clean glass ynd t:tetat containers an other eligible wastes trots indiividuallL r d Tfin1U cttioa m3 of the Hopkins Zoning Ordinance is mnumbcmd to add aW-in crnd the abov. LEGAL E That the Hopkins Zoning Ordinance Na 5t5.5W and S30 be and the same is hereby amender by deleting the following pewisiow. 515.Subd(a Croup home:a home approved by the state where not more than ten person: City of Hopkins A p, °5W 96 s are bollldlag�E�xel7it in �of planned unit developments only am prin tuf(tcfal PrDlfcatfoa) V Q cipal building may be located oD a oL Clrx OF UOPtf1NS 530.09.k)A•4 dlatrict•tnobftbW1 a court toaccommodateluutes 00 wifte than 12 feet,wit) Hennepin County.Mlanesats 't 24 foot private do of roadway de31p)sttac as fire lasts two parking spans frith e8dl site loci goes I ORDINANCE NQ as•7Ei parking at a ratio of mrhaa space per home ORDINANCE AMENDING THE 5J0.09.q)Gr 4omra shalt be permlttedin the R 3.1i.4,ar R.0 tlialrlet pri vfded the densi t• ZONING ORDINANCE shall notameed dendtyequiwl®tofthreepersonsperonebedroomapartmentmidmun BE IT ORMMD by the City Canted Of the Qty of Hopkins as follows: That the Hopkins Tonmg OMlaenc�Na US De and the same is hereby an-Wid by amendiny� Ss0.1L k)In all R-1 districts day care for net more than 12 persom provided such premise: and ad. tbe�prpal:the are Reasoned by the State Subd. g pal:the main Wildma a is the case of a P1atleed unit Develop•' That the Hopkins Toning Oettlnaaoe No.s$be and the same h hereby amended with the foQou oust the main in wllicb the intended a�lo+saDle use is emdllefed ing provisions: Subd.34.Cmdominlem:a fort,of individtml ownerihlpwithilt a ba7dirg whist entaiis Joint 530.06.NmresMmUal u9dllty and ftesidential.FleWtr The following ass permitted in sing! ownership and respowibnlity for maintenance and repairs of the land and other common VOW family district: : e�I of the building. a! Licensed non-residential programs with a licensed w d 12 or fewer persons.. Scpd.36,poputa�ent store:a 4usinca Which is t�Ckd Under a s��i�qg1e owner's name i DI'Licensed residential programs w�N a licensed capaa�y`o`f or fewer pasa� wtetelrt a daricty of ttMelated menChaUdae and aavices ate hooted,®ebfsedatd are arfnibited; e: C fami des care facility licensed under Minnesota itufer, 9008. the customer for whom the goods and Services are ftunieshed r b' parts RAS to 9308.043: and sold directly to serving 10 or fewim children. Sub&50.Fence:am partition,sttssettQe,wA��ia n.erected a �area.� �r^� 530,09. Conditlanal oars within 4 districts.Subdivision 1.7M following are conditional uses or enclosure and located along the IwundarY tM orhaDiliU in R distriets:. fp�o asm:r)eaaa iduckrs�bilitatim tia�i oar a�peNrsat provided eutslds tine t:e ca a". bow and dad for tcw!er than 24>n+us a I Licensed nonresidential grow=with a license capacity of 12 to 16 persons within tr ti day.a person including adltll day sax ft P fns'a bome•that reodvm pubkk funds to pew I R•Z R.7.RA R•5 and RS districts subject to the foQaving: vide services for ath It sauna petsoen whose prltamy is menial seta&U.a a related 1. located only m proximity to a collector or arterial roadway as designated in the condition or mental illness and who do not have.a st eant Dlr�l or R%"N al problem that -o n lveasive plan or otherwise located so that acs van be provided without con- necessitates nursing home care:a nursing home Or sal that was licensed by the csommia-I ductnn0 significant traffic 00 local residential Atteeb sinner Oo July 1.19t<J,to provide a f+it��fa peraoos with a yt�swal handicap that is not 2. &k up and dropeff areas fixated Outside of parking setback area% the result d We omnaf agJng proem and oDa&ldded to be a cbj,=cabditkn:and chemical I s.outdoor rettasetiioonn area6 to he setback LS feet from all Urea and screen.ict depende o�ceyyr oi'chmtical abue pr0�anni that, toasted!n a muai:4 home ar hoepitel Gild, itrg Provided to mitigate" now std adverse visual oars nubtic imtds for prWidlog mlral abuse or chemical depeidenq tesattlrenl services 4.one parking space provided for each six pemiss Impacts upon the license nmdec pter 25411 NoaresidmLal p-p=include home and cattmuaitybased aervj.—. and of the facility; semWndcpeadennt living services for parsons with menial retardatioa or a related condlteon r licensed residential in the R•2,R•3,R-4.R•S and R6 districts with a license that ass provided in or outside of a person%own dome capacity of 7 to 16 persons subject to the following: Sub&99.Outlet.A parcel of land.included in a pleb wt-ch is muller than the minimum 1, Facilities shall comply with all applicable codes and regulations and shall have, size permitted for lots and which is teerebY Declared late' dab%uruil combined shrvugh ales current and in effect,the appsopriatE$late G�rsses ting with additional land:or a parcel of land which is included is a plat and whits is at feast I 2.On-site services and treatment at residential facilities shall be for residents of the double the minimum St>P and weell�h!s tbereby subject to fuWM PIa14agprl�'to development: facility only,and shall not be for nonresidents m persons outside the facility. fed far hlk or vale Tbc or a parcel of land which is included in a plat and which!s designs pu P� j 3, conditional use permit is only valid as long as a valid State lice ;a held 3pee�rijbt.d.way.utlitiesat othersiatilarpurpaa AMOutmtisdeerte0dinheuatA W by Use operator of the facdity here Such license is required. Open P1amed aolt development(PUD):A planned unit dTMOpment is tv provide for 4.Traffic Fated by the(aeS1Lty not to=eed ft design capacity Of the local stuact the integration and cvotcllnatico of land parcels as well as the o012111mab00 varying types of system or cause a decrease in service levels of intesieetlan,as deflned by.the lmtitote residential.commeraia)and industrial uses vi- of Traffic Engineers.Adequate sight distance at access Points&hall be available: Subd.ton.Redd adal facillly:meags a pr ogran+that ppt���.ides 24 hpn`a-0aY CAM aupg S. No on-street parking to be allowed.Adequate off-street parking shall be required swot food lodgiog.xhabilitat!0000��Iraining education.Dabi7liation,or U tweet outside a Per- by the City based on the staff and resident needs of each aoecitic facility; sae's on coma+nchadDng a murstng borne a hospital that receives paDBC[orris.adminfat®ed ti No extents!building ionpcovementa undertaken w�d1 a16tt the original character by the commissioner,to preside services for Tae a moat persons whose primary� of the home.unless approved py the City Council; is mental retardation or a related condition or nwntal illaesa and who do rwt have a At 7.Additional conditions may required by the City in order to address the specific physical or naval problem not racinsitates bonvecm;a provam to an imatexdlatc impacts of a propooed facility, care facility for rural Or mar peesom with mete tion or a related condition;a nursing That section$30 of the Hopkins Z rag Ordmancc a renumbered to UW and amend the abo, home or bospntal that was liceasod by the comet isioner an July I,L9S1,to provide a-radian teas with a p"cal handicap that is not the result of the normal aglai 1> •� edel cart- for a3 ubd.3.E)Day Care Facility of chemical abuse ens that hall be licensed sidled to be s t�rO't condition;pAu%n:and a and receive 1 N. t said s ax located(n a btspp'1sT or iutrsing home and rsoetve psnplie ttnndsn for lawidissg That the Hopkins Zoning Ordinance Na 550 be and the name is hereby added as raluwl ar eheminai depasdency treatment smrice udder chapter 25411 Residential Prograem include SUM 30.Handicapped multiple d%relling.At least 314 d a parking spade for eseh ur. home and cOMMUnity�aseD services and semi-iodependent living strvlcea for persons with First Reap' February 7.is mental resardatioU or a related condition that are 6 ep�triad w Or o�srde of a_y edu g�w� Sceoad Readleg: AptI 6 t� Subd.1t5.tiehaol:a bulldirig - WDxe f ices&off °ykem�dea' innaaots and ad Date of Publication: April N. 19 in"au the requirements of campulaory Date Ordinance Takes Effect: MaV 4.tr ptwiding residential accomnadatmns• /s/NELSON W.SERC.May. Subd.Us.Undue hardship:of used aa connection with the gr�ntlerg d a vnutarca aurora the Arr�. prperty in question eaoeot be put to a reasanebre Yee it coned utlde eaodltkns alprope property� /s/JAMES A.CENCLU&City perk Official control;the plight of the handow>xr is due toeircur staram unbqu+e to his 7 (April 14.IW)•HOP sorted by the landowner,and the v&Asne6 if granted.will not alter the Mead!!_ of the totality. , rIHN-11-eOU-3 11;,5Y LtHUUt UI- MN 1.i I it5 F'.W/0i Classification Municipality f,-g,.a W monwofa GaQ. Date Cifiaa p,omafiag area�o�tee Research and Information Service Section 1130(Old Shakopee Residen- tial),Subd.211 1 Section 11.38(Office Business),Subd_ I (renumber subsequent entries) 3.J .1% !11--C R P Section 11.32(Medium Density (renumber subsequent entries) ORDINANCE NO.482, Residential),Subd_2.G Section 11.40(Central Business),Subd,i FOURTH SERIES (renumber subsequent entries) 3.Q AN ORDINANCE OF THE CIZY subject to the following conditions: (renumber subsequent entries) OF SHAKOPEE. MINNESOTA, no adult day cam centers shall: A AMENDING CHAPTER 11, •�/4 1p 1.serve 12 or fewer persons; _h V ZONING, � Y 2.provide proof of an adequate water I Section. 11.42 (Mayor.Recreation), BY ADDING REGULATIONS FOR and sewer system if notserved bymunici- ` Subd.3.L ADULT DAY CARE CENTERS pal utilities; '(renumber subsequent entries) THE CITY COUNCIL OF THE 3.have outdoor leisuralrecseation ai- Section 11.44(LightIndustrial),Subd. M- CITY OF SHAKOP£E., MINNESOTA ens located and designed to minimize vi- 3. e9 ueat(renumber subs entries ORDAINS: sual and noise impacts on adjacent areas: ) Section 1 -That City Code Chapter 4.the total indoor space available for subject to the following conditions: 11,Zoning,Section 11.02.(Uefinitious)is, use by participants must equal at least 40 "11be adult day care center shall:1.serve 13 or more ons; hereby amended by adding now nos.2.3, square feet for each day care participant L provide proof or animsons;adequate water 4, 46, acrd 101 andxenumbeting subse and each day care staffinemberpresen tat and 2.provide if f not fod %v ti- l quest entries.The proposed amendments the center.When a center is located in a j utilities; to City Code Section I1.'=Defin pa itions,. multifunctional organization, the center - 3.have outdoor leisurdrecreation ar- would read as follows: may share a common space with the mul- ens located and designed a mini m;�e ?_,-Adule'-A person IS.yews of age tifuuetional organization if the required sual and located an i design d adjacent areas; or older. - • space available for use by participants is 4.the tote,indoors ace available for 3."Adult Day Cara'-A program of. mainuinedwbilethecenterisoperating In use 4.participants or,equal a[least o servicesptovidedto functionally impaited. determining the square footage of usable adults for a peuod of Less than 24 hours indoor space available,a center must not square feet for each day care participant during the day.Adultday care isintended count: andeachdaycarastaffinetnberpresentat iamatatairr functionally itnpaired adults in A.Hallways, stairways, center.When a center is located in a ways, closets,of- multifunctional organization, the center the community and to prevent or delay fides,r�estrooms, and utility and storage g institutionalization. seas; may share a common space with the mul- tifunctional organization if the required 4."AdultDayC=C=tee*-Attadult. B.more.than 25 percent of the space i space available for use by patticipaats is havingacou&tionthatincludes(1)lravivg occupies by the furniture or equipment space available tbecentypa tin In. substautialdiTwAdtyincarsyingoutoneor used by participants or staff;or I operating, more of the essential majo3d activities of C.in a multifunctional organizafion, determining the square footage of usable space available,a center must not daily living, such as caring for oneself, any space occupied by person associated I count: perfomningmanpaltasks.walldng,seeing, withthemultifyactiotralorgaaizationwhile I A. hallways, stairways, closets, of- hearing,speea]cigg,Meatbmg, ofthouat participants arc using common space;and I fides,restrooms, and utility and storage working;or( ) $ F.h 5.complywitb all other Stateliceusing or aloud that sigrOmt>,y impairs.ludg- requirements. areas; B.more than 25 percent of the space mart,behavior,capacity to reeognrzarc- Section3-Thatthefollowingsections e occupied by the furniture or equipment used occupied ality,or ability to cope with the ordinary of City Code Chapter 11, Zoning, are pay hpaft or staff;or demands oflife;and(3)requiring support hereby amended to add adult day cacti C.inantu,tifunctionalorganiZatioa, to maintain independence in the eommu- centers as conditional use,subject to the any apace occupied ctionaonr associated Wily. listed conditions; with themultifwlctionalorganizatiopwhilc 101. "Regularly"or"Ott A Regular Section 11.22(Agriculture),Subd.3.M participants are using common space; Basis--The provision ofdaycareservices (renumber subsequent entries) 5.provideproof of State,Federal,and to one or more persons for a cumulative Section 11.24(Rural Residential),Subd. other govemniental licensing agency ap- totalofmorethan30 days within l2mout is 3.1 proval;ar3d period.Provisions of services for any part (renumber subsequent entries) 6.complywith all otherState licensing t of acalendardaysballconstituteptovision Section 11.26(Low Density Residen_ of service for the entire calendox day. tial),Subd 3.F requirements. I Section 4-!Effective Date.This ordi- k Seetion2-Thattbefollowingsections (renumber subsequent entries) oatrce becomes effective fzoun and after its of City.Code Chapter 11. Zoning, are Section 11.28(Urban Residential), passage and publication_ hereby amended to add adult day care Subd.3.11 Adopted in regular session of the City centers as permitted uses.subject to the (renumber subsequent entries) Council of the City of Shakopee,Minne- listed conditions: Section 11.30(Old Shakopee Residen- sofa,held this 6th day h trope ,Min Section 11.22(Agriculture),Subd.2J tial).Subd_3J Jeff Henderson (renumber subsequent entries) (renumber subsequent entries) ; Mayor of the City of Shakopee Section 11.24(Rural Residential).Subd_ Section 11.32(Medium Density AT'T'EST: 2.H Residential).Subd..3.K Judith S.Cox (renumber subsequent entries) (renumber subsequent entries) City Clerk Section 11.26(Low Density Resideu- Section 1134(Multiple Family (Published in the Shakopee Valley News tial),Subd.2F Residential),Subd 3.1 on'Ibursday.May 15, 1997;No. l 153) (renumber subsequent entries) (renumber subsequent entries) Section 11.28(Urban Residential); Section 1136(Highway Business), Subd.2.H Subd.3_R (renumber subsequent entries) (renumber subsequent entries) TOTAL P.03 MAR-10-2003 18:06 LEAGUE OF MN CITIES P.01i05 i Post-it-Fax Note 7671 ­3-- if ClasSi�lCa7�103T To Fro �LG Cj 1V Unkipality Phone# Phone n �j/ �-m�J C o/X 3 Fax k 3a Fax# Date Aegearen anccircJurn�zw�„z�.ice i City of Golden Valley 4W,4361 6 With the execption.of Adult Day Care Centers,which shall roquire one (1) parking space for each five (6)persons (Official Publications) cared for and one(1)parking space for each'employee, ORDINANCE NO.264,2ND SEMM-8 AN ORDINANCE AMENDING THE(.',TTY(,ODE Section 6. Chapter 11 ofthe City Code is amended in Sec-` cfLU, ITER 3 3,LAND USE REGULATION Lion 11.45,Subd.8(entitled"Conditional Uses")by adding (GON$N'G,) PROVISIONS RELATING - the following: 'IO ALLOW ADU.Lx''D,PAY CARE CENTERS AS A CONDITIONAL USE IN TIM COMMERCIAL, B.(8)Adult Day Care Center 1,1GHT INDUSTRIAL,INDUSTRIAL,BUSINESS AND PROFESSIONAL OFFICF.S..AND Section 7. Chapter 11 of the City Code is amended is Sec. INSTITUTIONAL ZONING DISTRICTS tion 11.46,Subd.h(entitled"Conditional Uses")by adding the following: The City Council(or the City of Golden Valley hereby or,. ,loins as follows: I.Adult Day Care Centers shall be permitted as a Condi- tional Use within the I-l.1-2,1-3 and/or I-4 Institutional Suction 1. Chapter U ofthe City Code is amended as.foi• Sub-Districts. lows: in Section 11.09,entitled"0efinitiore,"by adding t-:c fallowing: Section 8. Chapter 11 ofthe City Code is amended in Sec- tion 11.46,Subd:7(A)(entitled"Parking and Loading Re- 2. "Adult Day Care Ckniter"- A facility .licenr,Pd by the quirements for Institutional Sub-District I-11 by adding Sta'w of blineaesota that provides adult duy care to fauc- the following sentence to the end of the paragraph For twiiaL'y impaired adults on a regular basis for periods of Adult Day Care Centers, one(1)parking space shall be less than 24 hours a day in a setting other them a partici- provided for each five (5) persons cared for and one (1) j,unt'b home or thu reSidvnce of the facility operator.Func• pulsing space provided for each employee. tion,aliy impaired adult means an adult having a condition that ir,cludee(1)having substantial difficulty in carrying Section 9. Chapter 11 ofthe City Code is amended in Sec- nut one or more ofthe essential major activities of daily liv- Lion 11.46;Subd.7(B)(entitled"Parking and Loading lie- ing.Suc11 as caring for oneself.performing manuai task$, quirements for Institutional Sub-District I.2')by adding wulkinbf, seeing, .hearing, speaking, breathing, learning, the following sentence to the end of the paragraph: For and working;or(2)having a disorder of thought or mood Adult Day Care Centers, one(1)parking space shall be that significantly impairs judgment,behavior,capacity to provided for each five(5) persons cared for and one (1) recognize reality,or ability to cope with the ordinary de- parking space provided for each employee. elands of life;and(3)requiring support to maintain inde- pieadence in the cornmunity. Section 10. Chapter it ofthe City Code is amended in Sec- tion 11.46,Subd.7(C)(entitled"Parking and 3,pading Re- Secthon 2. Chapter 11 ofthe City Code is amended in Sec- quireibents for Institutional Sub-District I.3")by adding tion 11.30,Subd.4(entitled"Conditional Uses")and Subd, the following sentence to the end of the paragraph: Por 6 (Entitled "Loading a ad Parking Requirements") by Adult nay Care Centers, one(1)panting space shall be adding the following: provided for each five (5) persons cared for and one (1) parking space provided for each employee. Subd.4.T Adult Day Care Center Subd.6.P.Adult Day Care Center-One(1)parking space Section 11. Chapter l I ofthe City Code is amended in Sec for each five(5)persons cared for and one(1)parking apace tion 11.46.Subd,7 i D)i entitled"Parking and Loading Re- fur each employee, quiremonts for Institutional Sub-Di-strict I-4") by adding the following sentence to the end of the paragraph: For Section 3. Chapter 11 of the City Code is amended in Sec- Adult lay Care Centers_ one(1)parking apace -shall be lion 11.85,Subd.4(entitled"Conditional Uses")and Subd. provided for each five (5)persons cared for aiad one (1) 6 (entitled "Loading and Parking Requirements") by parlsia6 space provided for each employee, adding the following- Sec'-on 12. City Code Chapter 1 entitled"General Provi- Subd.4.32.Adult Day Care Center ••ions and Dofinitiona Applicable to the Entire City Code Subd.6. F.Adult Day Care Center-One(1)parking space Including Penalty for'Violation"and Section 11.99 entitled foi•each five(5)persons cared for and one(1)parking space "Violation a Misdemeanor"are hereby adopted in their en. for each employee. tirety,by reference,as though repeated verbatim herein. Section 4. Chapter 11 ofthe City Code is amended in Sec- Section 13. This ordinance shall take efT"ect from and after Lion 11.36,Subd.4(entitled"Conditional Uses")and Subd. its passage and publication as required by law. 7 (entitled *Loading and PaAdng Requirements") by adding the following. Adopted by the City Council this 3rd day of December, 2001. Subd.4.Q.Adult Day Care Center Subd.7.P.Adult Day Care Center-One(1)parking space /a/Mary E.Anderson for each five(5)persona cared for and one(1)parking space Mayor, for each-employee. ATTEST: Section 5.Chapter 11 ofthe City Code,Section 11.45 Subd. /s/Donald G.Taylor 2 (entitled "Parking Requirements"): is amended by in- City Clerk serting sentence immediately after the Subd. title and combining it with e7dating sentence. (Dec.12,2001)P2/Ord 264 MAR-10-2003 18:06 LEAGUE OF MN CITIES P.02i05 CWsifi ation A 3 B Municipality Lli-guQ of inR¢6ola Cifias Date CSBoe promov!ro car-94=0 .Research and Information Service x� �p :(ii)-The outdoor.-recmation'araa ehall.be:lapated•,ih s.side C1 0� 8W O "'.: or rear y rd,i:shall,be;stlbj�ct;to accessory-T;.64ahig set- backs.abd shall be f' .4.PtibliesiCioa) :.'' illy atibloeec atnd deliiaested via fenc- .'.:C1F O '�► anci laudsesping iii aceiirclau Y>�iEPIDT�CO this Code: ce`vvit :Sec1q>x;4:©34 of MF 0 ERC)�'• . (iii)NT inbre tb.azx s�enty-ffee•petcent:(75%)of the out., tTi�O1�fiI.'.F3b'£B:.'. d recreation area's au be covered with a(n iza erviout IN•THE R^O�.R!Be Z01�T�NGDI$') jG�'$ s ace Tfie surfi tei�aT.shall'be. ubjeeG.to the hp-' . •:, ..:,:,: : :';':;� ,.=_c�,), :. ioval:. f eQr •The�iei -., .. ., ' p• o the'Clty.� •� ms.�nmcg.:tvs�enty.-fire.. Tlie:City..Council-OLtlie:Cit3r;o£Neiv oidaiae: P���(2545)of the outdoor recreation area shall be�reeri o . -,... ,..• �::;:;..;>�:r;:;,..: ; ... space'and,shaR be•pici&ed,witii: ass or.sod sad land. Section-:1; Stib$ection,�'l0b(3)�C'oac�itiQriia..CTa s.R O,' scaped; 1 ;"o£t a ivaiv?3ope Code`is':herebjrdelbted•in en etp and>ig iced sai}h Yollo (iv)'The autddbr recreation area must be.free'of litter,rub= bish and waste, - i3AiiMe eee 4.106(3d) 51ga3.. A.11 s g1GiIIg;•information oY.visuai com munication devices shall comply withi.Section 3.406f this: " Cbde: , 4.105(3)(e). Gene'r %Qoad'itZnnl'Use F.equine . The relevant proviaibns'af Section 4.33 Of;this Code are met, 4,105(30 B )dir�'u��j. 'rP(�orin; The site and facility. • .., .. .. •.,. .,...;•-,r-:; .,.. must meet all applicable avfsion s oft he Muxe�sota State Building Code and,Fire Code. The City Btulding Official, ;5':177 and'Fire Department shall inspect-the site prior to the is suaxce of the conditional �• ' : .- uerixit,Co.determine.compli- nacewith his R ubsoctiari of he Code..., 4.f05.(3Xg) 4 n, The structure and:operation shall'be is-col apiiance with all State of Min• neaota.xeg�ilationz and shall be licensed accordingly. - ".G+ Section 2- .Subsection 4-.135(5)r"Conditional �Tses R-B 4,105(3)Dad Caxe Facilr},y a'nii/or A?IL�r ITav C'aYe, A T? e"of the Now 13ope Code is hereby deleted is its Care Raslity'(as defined'airS�c�igni A$2E48}):'andlor a� ;; entirety andxep�aoed:with tho,following: Adult Da Care;;(as..define iii;Sg Eidu 4;022f2)}.scrriag a,;. tinirteen ox.more peopl'a•piijvided?'that`%::;r;„:: :,'- ” Off Striff4t-Paikal "" ale:off strseY. ar ing'aad acCassiare,pravXdCd.u1R'eom)5anee::iyith:Sectioid:. 4.035 of'this.Code..�x'lie-d'es2ga:�d looatioao�the facility.;: drop•offaz'eashallrriot,m* are vntfi.iut>inaI'.steciici�Ia. .., l?$'b'aefe eErle . 4.x05(3)(6) 4 etjQjdiii . AAequaYe•.dff a- 649 4i&Wte i Web v414 ing.and:seruace entry ceg a;e:p�ovi�ed;in,complianca Witi4; 1, Section•.4A36'yf;this'Cede,. li&-doadingnases:slza,ivay l r• recldced;or thr�gj7iiezhtwai�ied'iftfi :si#e:caixaoEpkiys�:s>..,•.. ically•accnifuitQdate a;Ioling;'bertli Eb:;fdie sloe zequiieds•.".' ^_ _ ' niusi be i?ece;y¢a:a£'times thsE ovill apt, + , w < , __t t • All d6liveis @g:' 40X4:,r. ;�` =:0-•��7�'�+��y5�a Ok ,flc�4vitxi�:pwstoi318r..°or:eiuployee;,Tiurlctisg.>acceas+or.'peak;`: . tdoor•.a£eafra� tive•oi - - w?th ttic following'requjre.neAts the is 61_-,Eai3i1661A a4an!,*dvadea:min;,,,iYm-ofi;560,0 usre: .fe¢tA£outdoaz�recicreatiosi:are�aridtn�lst,T�ve.seventiy-five• ; .. . . ... .: ( u)' mare fee'ofttukdtior,:recreation aregpet peisoAWith- 4.115(5) Slav Cara Facility an for Ad At T)Rv r,ra. A Day in ing oiitdoorzecreation areii et an g�vet n�e:thi out- Care Facility,(as defined in Section,4:022(48))and/or an doo recseatioiiareamaq,6e.reduce of�MWt,'D CAM if' Adult Day Care(as defined iri.Section 4.022(2)) serving th'e applicant can demonstrate TaGiniit�ei-cli�nu mobili= �teen or more people provided that: cy,�aarraafs s_red'uWon of thez&Advor recceaiioa area MAR-10-2003 18:07 LEAGUE OF MN CITIES P.03i05 Classification Mu nliicipality Lmc . Date G;'Goy pnomnling cxeal�vea ,Research 4n d Information,Service I 4.115(5)(a) Off Street ParIQ . -Adequate off-street park- . ing snd.acceas are provided;in compliance with Section 4.035 of this Code. The desigi.i and location-of the facility•• drop off aiea shall not interfere,with:internal site c ircula- tion: .• ' •. .. 4.115(5)(b)' Off eet str ?.aadi= Adequate o$-Gtraerload-. u ing and SerViCe.entrant@B Elm pi !lded•ia.COmpliance With.• P1_,1..T :. 3:-- ' _OQ = 7 ANA iPmeee„.rase ee'e es,arPV VS• �S Seelion'4;036'dE:this'Cdde'.`ff� ea ig rea sire ay -' site caihnbt phys- reduced'or the' uireneQt wstYed if t :` ically accommodate'a%loading` ertli$it'-tl1 a size•regt}ired,.•`, All deliveries must be received at tixiee`that will not con- 4.155(4)Da­'?'areFacilitv /or Ad-1�Taw C're. A,pay flict with customer or employee k4ding;access or peak Care bkcility(as_deAiied,in Section 4.Q22(e8));and/or an parkiugdemand. Adult Day C•are.(as�def�ned in Section-A.022(2)) serving thirteen or•mare people provided-that: 4.115(5)(c) O�t�loor�•Recr�xes_.Outdoor areas'for active.orpaesitie recreation:sliall'be prcvicled•in compli- 4.155(4)(8) off.Sireei•Ru-If=. Ade#Ltecffstieet.park- ance with the•following requirements:. ing and aocesa;&*".'provided in couigliaace with'Section 4.035.of this Code. The design and location of the faality (i) Each facility shall'piovide a minimum of 1,500.square dfop off area shall not interfere with iatemal site circula- feet of outdoor recreation area and must hive seventy-five lion (75)square feet of outdoor recreation area per person with- in the outdoor recreation area at an gwen;time_ The.out- 4.155(4)(b) OfF Str_-t Loading_ Adequate off-street load. door recreation area maybe reduced for Adult Day Care if ing and service entrances are provided in c6mn fiance with the applicant can demonstrate that limited client mobili• Section 4.03&of this Code. The loadmg:ares size may be ty warrants a reduction-of the'outdoor recreation area. reduced or the se4uire a;ent waived if the sites's=ot phys- ically•accommodate::a•.lnsdiag be'rtFc to•the.'sme.required. (ii) The outdooi-recreation area shall be located in a side All deliveries muit be received st times•-drat will•not•con- or rear yard, shall be subject to accecs`oiy building set- flict with customer or employee building acc'es's or peak backs,and shall.be enclgsed.and delineated via few> parking demand, ing and.1'andscaping in a'ccorasnce.with Section 4:034 of this Code. 4.155(4)(c) QutdQor Recreation Area.Outdoor ar6w for active. or passive•ideigation shall be provided in compli. (iii)No more than seventy-five percent(759'0)of the out- ance with the following requirements: door,•recreation.area.shall.ba coviiad.with'aa impervious surface. The surfacingmateria)•shall k�e:siibject:to.the ap. W Each facility al all provide a minimum of 1.,5.00 square provat of.the•City.Engineer..The,remaining twenty-five feet of outdoor.recreation area and mwk&ve seventy-five percent(25%6 oftheoutdoorrecreation.area.sliallbegreen (75)sq>Yarefeelofoutdoorrecreationarea,.perpersonwith- space and shall be planted with grass or soil'and land- in the outdoor recieation area at any given time. The out- door recreaE*3 a era may be reduced for Adult Day Care if the applicani can demonstrate that limited:client mobili- Uv).The outdoorxeereatfon area must be free of litter,rub- ty warrants•a,reduction of the outdoor recreation area_ bish and waste. (ii) The outdoor recreation area shall be located in•a side 4.115(5)(d) Emr,..All signing,informatio?:ob vwuel com, or rear yards shall'be subject to•accessory,building set- munication devices shall comply with Section 3.40 of this backs,and shall$$fully endosed'snd'delineated via feria Code- in and landscaping in accordance'wlth'Ebe Uon 4.034 of i•tkus,Code. 4.115(5),(e)•.General Co ditional•UaLBggR The relevant provisions of Section.4.33 of thf4 Code are met. (iii)No more than seventy-five percent(75%)of the out- door recreatiou-am.shall be caaered with an,impervious 4.115(5)(f)' Building and Eire Code.' The site,and facility surface-•The au�facing matetial'shall be subject to the ap- mustt'meet all applicable provisions oftheMinnesota State proval of the Ciiy Engineer. The remaining twenty-five Building Code and Fie Code., Toe City Bu9ding Official percent(259'0)of the outdoor recreation area shall be green and FSre Departui6d shall inspect the site'prior to the is ; space and aha}I bQ planted with grass or sod and land• nuance of the conditional use'permit to determine compli- scaped. ante with this subsection of the Code. (iv)The outdoor recreation area must be free of litter,rub- 4.115(5Xg) SI ,.nd Tense R.o,�la'ono:The structure bish and waste_, ; and operation shall be incompliance vaith-A.State of Min- nesota regulations and shall be licensed acbordingly 4.155(4Xd) Vie. All.signing,information or visual com- munication devices shall comply with Section 3.40'of this Subsection 4:155(4)" TJsee.LB:Dav Code. CI&of the New.Hope Code'is hereby deleted in its en- ' tirety and replaced with the following. 4.155(4)(e) Gb a Conditional Use&auiLemgats The -relevant provisions of Section 4.33 of inia Code are met. MAR-10-2003 18 Oe LEAGUE OF MN CITIES P.04i05 ClassWcation LMCMunicipality Z-g-#-fM_-Wola Ca. Date . fiEias promoting excenanca Research and Information Service 4.155(4)(f) . The site and facility must meet stl applical?Iq provisions ofthe Minnesota State (iv)The outdoor recreation area must be free of litter,rub. Building Code and Fire Code. The City.•13ui1ding Official biah and waste. and l�Yre Depatt�:ent shall,inspect the site priox to the is• , suanee of the conditional use permit to determine compIi• 4.165(10)(d)sSj�]8-All ence with this subsection of the Code. signing,information or visual com- municatign devices shall comply with Section 3-40 of this 4.155(4)(8) 4 Code. . The structure ; and•operationshall.be in•compliance with all State of Min- 4.165(10)(e) The enie nesota regulations aad`sha11 be licensed accozdinglR relevant provisions of Secti=4.33 of this Code are met- q9tig". Section4,165" T C "ofthe.New 4.165(10)(f) BuildSna n�1 T1re I'. dj: Hope Code is hereb amended -�--•�ionp . he site and a State (10)" C 9 Y. by adding subsection 4.165 must meet all applicable provisions ofthe 1Vlinneaota State ' to read as follows; BuiIdin'g Code and Fire Code-.'The City Buildipg Official 4.18b(I0)I2av CareTacit�r�, and Fre'Department shall inspect the site prior to the is- Care Facility A Day suance of the conditional use permit to determie compli- ty(as defined in Section 4.022(48))and/or an anoe with"subsection of the Code. Adult Day Care(ae fifi-,O in Section 4.022(2))aervjhg- thirteen or uQre:..mple:provided•,that; 4.165(10)(8) State nd T;rPnao u„6^ a+mc The struc- ture and operation shall be in compliance with all State of 4.z65(10)(a)O.ff Street P r Tcxna.;.-A&k ate a off-street park, MinnesotA regulations and shall be licensed acoordin&. ing and access are prbvidelf W:c`omplliMce with Section 4.035 of this Code, The tiesi sn agtron S• liff�active Date_ 7I7ra ordinance ahsll be effec- gu d location of the facility five upon passage and publication of this ordinance. drop o$area shall not interfere with internal site circula• 0a Dated this 14th day of October,2002. 4.165(lo)(b) 4 ..'Adequate off-street Ioad- W.peter Enck, •ing and service entrances are;provided in compliance with Mayor Section.4.036 of this Code..' he loading area size away be ,reduced ar the.requirement waived ifthe•site cannot phys- ATTEST: ically accommodate.a Ioading berth to the.size required. Valerie Leone,City Clerk All deliveries must be received'at times-that will not con- or with customer,: employee building access or pea ` (Oct 24,2002)PWOrd 02-13 parking demand. 4.165(10)(c) Outdoor areas for active or passive recreation-shall•be•provided in compli- ance with the following recknisemeuts;. (i)Each facility shall pibvide.a Alininzum of 1,500 square feet.of outdoor recreation area and must have seventy-five (75)'sousre feet'ofoutdoo;r i ecreation area per person with- in the outdoor recreation,area at door recreation area m any give=time The out- qy be'seduced•for Adult Day Care if the applicant can demonstrate that limited client mobili- ty warrants a reduction of the outdoor recreation area; (u) The outdoor recreation area shall be located in a side or rear Yard, shall be subject to accessory building set backs,and shall be..AW.y encloaed,and delineated via fend ing and landscaping in aceard'ance with Section 4.034 of this Code. (iii)No more than seventy-five.Percent(7r)%)of the out- door,recreation area shAU be covered with an impervious surface- The surfacing material shall be subject to the ap- proval of the City Engineer. The remaining tventyfive Perc=t(25%)of the outdoor recreation area shall be green space and shall be planted wits Pass or,sod and land- ecaped. MAR-06-2003 13:37 CITY OF GOLDEN VALLEY 5938109 P.01i01 CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. CU-94 Date of Approval: May 7 2002 by the City Council in accordance with Sec 19 10 Subd 2 and Section 11.36 of City Code Issued To: International Health Care Services Approved Location: 2525 Nevada Avenue North Suite 211. Golden Valley, MN Approved Condition_ al Use: To allow for an adult day care center in the Industrial zoning district Conditions of Approval: 1. All signage meets the requirements of the City's sign ordinance. 2. The hours of operation for the adult daycare center shall be limited to 8 AM — 5 PM Monday-Friday. 3. The applicant must provide separate rest room facilities within Suite 211 for the adult day care center facilities. 4. All assisted drop-offs for clients take place on the south side of the building. 5. All other applicable local, state, and federal requirements shall be met. 6. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. Warning: This permit does not exempt you from all other city code provisions, regulations, and ordinances. Issued by: � Dan Olson, City Planner Post-it"Fax Note 7671 �Ye 63 pag s� To SkC N �. From coMeptst co. Phone# Phone# 763— 5-q3-801k F-* 6►z 7 9 3 �3 Fax# TOTAL P.01 Adult Day Care License (Rule 223) Page 1 of 2 Adult Day Care License (Rule 223) Department: Human Services, Minnesota Dept. of Activities Regulated: Adult day care Day Care These "hot links are to the web site Statutes: of the Office of the Revisor of Minn. Stat. 245A. Statutes, Copyright or other protections may apply to material Rules: displayed there. The Revisor's home MINNESOTA RULES 9555.9600 - 9555.9730 page www.revisor.leg.state.nui.us may contain disclaimers or other notices which the user should read. Contact: Division of Licensing Minnesota Department of Human Services 444 Lafayette Rd. St. Paul, MN 55155-3842 web: www.dhs.state.mn.us Form: Application Form MN Tax Identification Form Initial Applicant Information Form Worker's Compensation Insurance Form Background Study Form (scannable) Approval - Zonning Approval Fire Marshal Approval -Building Code Approval -Local.Health Dept. Requirements: These standards describe: 1) developing programming to respond to identified needs of the individual; 2) ensuring rights of persons receiving services: 3) identifying staff qualifications, orientation and training requirements; 4) service expectations.to ensure health and safety of persons receiving services; and 5)policy and proceedure requirements of the program. In addition, the following Minnesota Statutes apply to this service: Minn. Stat. sect. 626.557 (Vulnerable Adults Act) Minn. Stat. sect. 245A.65 (Reporting suspected maltreatment) http://www.dted.state.mn.us/0.1x03x02x05.asp?LicenselD=5381 3/11/2003 Adult Day Care License (Rule 223) Page 2 of 2 Fee: The license fee is a base of$55 plus $8 times licensed capacity. Period of Issuance: Licenses are issued on a calendar year basis. Length of Determination Process: Minn. Stat. § 15:99 requires that the Commissioner shall approve or deny a license application within 60 days of receipt of a completed application. The key is how much work the applicant has done with the local zoning authorities, fire marshal, building code and health authorities prior to applying for a license. Other Pertinent Information: Technical assistance may be.obtained by contacting the MN Dept. of Human Services (DHS), Aging and Adult Services Division, at(651) 296-2544 (general information number) Print This Page Copyright©1999-2003,Minnesota Department of Trade and Economic Development.All rights reserved. http://www.dted.state.nm.us/OlxO3xO2xO5.asp?LicenseID=5381 3/11/2003 Minnesota Statutes 2002, 245A.02 Page 1 of 6 Minnesota Statutes 2002 Table of Chapters Table of contents for Chapter 245A 245A.02 Definitions. Subdivision 1. Scope. The terms used in this chapter and chapter 245B. have the meanings given them in this section. Subd.. 2. Adult. "Adult" means a person who is 18 years old or older and who: (1) has mental illness, mental retardation or a related condition, a physical handicap; or a functional impairment; or (2) is chemically dependent or abuses chemicals. Subd. 2a. Adult day care. "Adult day care" means a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services ,that are directed at maintaining or improving the participants' capabilities for self-care. Adult day care does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals. Subd. 2b. Annual or annually. "Annual" or "annually" means prior to or within the same month of the subsequent calendar year. Subd. 3. Applicant. "Applicant" means an individual, corporation, partnership, voluntary association, controlling individual, or other organization that has applied for licensure under this chapter and the rules of the commissioner. Subd. 3a. Certification. "Certification" means the commissioner's written authorization for a license holder licensed by the commissioner of human services or the commissioner of corrections to serve children in a residential program and provide specialized services based on certification standards in Minnesota Rules. The term "certification" and its derivatives have the same meaning and may be substituted for the term "licensure" and its derivatives in this chapter. Subd. 4. Child. "Child" means a person who has not reached age 18. Subd. 5. Commissioner. "Commissioner" means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. Subd. 5a. Controlling individual. "Controlling individual" means a public body, governmental agency, business entity, officer, program administrator, or director whose responsibilities include the direction of the management. or policies of a program. Controlling individual also means an http://www.revisor.leg.state.mn.us/stats/245A/02.html 3/11/2003 Minnesota Statutes Display Document 3 of 18 Page 1 of 2 milt Minnesota Statutes 2002 Display Document 3 of 18 n a rg E d V i p B EJm E n Chapter Title: QUALIFIED LONG-TERM CARE INSURANCE POLICIES Section: 62S.01 Text: M 625.01 Definitions. Subdivision 1. Application. The definitions. in this section apply to this chapter. Subd. 2. Activities of daily living. "Activities of daily living" means eating, toileting, transferring, bathing, dressing, and continence. Subd. 3. Acute condition. "Acute condition" means that the individual is medically unstable and requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain the individual's health status. Subd. 4 . Adultm mdayM mcare®. "MAdultm mdaym mcare" means a program for six or more individuals of social and health-related services provided during the day in a community group setting for the purpose of supporting frail, impaired elderly, or other disabled adults who can benefit from care in a group setting outside the home. Subd. 5. Applicant. "Applicant" means : (1) in the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; or (2) in the case of a group long-term care insurance policy, the Proposed certificate holder. Subd. 6. Bathing. "Bathing" means washing oneself by sponge bath; or in either a tub or shower, including the task of . getting into or out of the tub or shower. Subd. 7. ...More http://www.revisor.leg.state.mn.us:8181/SEARCH/BASIS/mnstat/public/www/DDW?W%:... 3/10/2003 03/11/03 TUE 10:57 FAX 6123402643 0 002 Minnesota Rule 9555.9730 Page 1 of 3 Minnesota•Rules. Table of_ ha teT 'f le of contents, 2r Cha tep r 955 9555.9730 PHYSICAL PLANT AND SPACE REQUIRNMENTS. Subpart 1. (Repealed, 16 SR 27481 Subp. 2. DeternLination of occupancy code. The occupancy code requirements for a center shall be determined according to items A to D. A. Centers serving only participants who are capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable building and fire code requirements relative to either group E-3 occupancies or group I occupancies as specified in the state Building Code. When one or more participants enrolled are nonambulatory but mobile, the center meeting group E-3 occupancy code requirements must be located On a floor level with an exit directly to grade without any intervening stairs. D_ Centers serving a population that includes both participants who are capable and participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet occupancy code requirements specified either under subitem (1) or (2) : (1) all applicable building and fire code requirements relative to group I occupancies as specified in the State Building Code; or (2) all applicable building and fire code requirements relative to group E-3 occupancies as specified in the State Building Code; and (a) the center shall meet the staff .ratio requirements in part 9555 .9690; (b) not more than 50 percent of the center's licensed capacity shall be made up of participants who are not capable of taking appropriate action for self-preservation under emergency conditions; (c) the center shall be located on a floor level with all exits directly to grade without any intervening stairs; (d) the center shall be protected with a complete automatic detection system consisting of: i. automatic smoke detectors in all corridors and at the top of all stairways, and ii. automatic detectors in boiler and furnace rooms, kitchens, storage rooms, janitor closets, laundries, and other hazardous areas. This system shall be inspected and approved by a fire marshal. In buildings equipped http://wwwxevisor.leg.state.mn.us/arule/95 5 5/9730.html 3/11/2003 03/11/03 TUE 10:57 FAX 6123402643 16003 • Minnesota Rule 9555.9730 Page 2 of 3 with manual fire alarm systems, the manual fire alarm and automatic detection systems shall be electrically interconnected; and (e) the center shall demonstrate to the commissioner the ability to evacuate the entire center population within three minutes. C. Centers serving only participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable building and fire code requirements relative to group I occupancies as specified in the State Building Code. D. The center shall provide the commissioner, the building official, and the fire marshal with the documentation required in part 9555 .9660, subpart 1, item K, if the center is to meet the Occupancy code requirements under item A or B, subitem '(2) . Subp. 3_ Signal system in restroams. Restrooms used by participants must' be equipped with a mechanism that participants can use to signal staff members by light or by sound if participants need assistance. Subp. 4. Usable space requirements. The licensed capacity of a center shall be limited by the amount of indoor space available for use by participants. The total indoor space available for use by participants must equal, at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. . In determining the square footage of usable indoor space available, a center must not count: A. hallways, stairways, closets, offices, restrooms, and utility and storage areas; B. more than 25 percent of the space occupied by furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space. Subp_ 5. Private space. The usable indoor space available to a center must include a room or an area that can be used as private space for providing personal hygiene services or social services to participants. Subp. 6. Equipment and furnishings. Each center shall provide the equipment and furnishings in items A to E- A. a sturdy, nonfolding chair for each participant who does not require or prefer a wheelchair; B. stable tables that are accessible to all participants and staff and accommodate dining and program http://www.revisor.leg.state.mn.us/arule,/9555/9730.html 3/11/2003 03/11/03 TUE 10:58 FAX 6123402643 121004 N innesota Rule 9555.9730 page 3 o£3 activity needs; C. age appropriate games, books, crafts, and other materials to implement daily program activities; D. one cot, couch, or recliner per eight participants; and E. one television set, AM/FM radio, phonograph, or tape player. Subp. 7. Temperature. A minimum .temperature of 70 degrees Fahrenheit must be maintained in indoor areas used by participants. Subp. B. ventilation. Outside doors and windows which are used for ventilation must be screened in summer months. Subp: 9. . [Repealed, 18 SR 27483 STAT AU H! MS S 245A.09 HIST: 11 SR 2165; 18 SR 2748 Current as of 08103101 http://www.revisor.leg.state.mn.us/arule/9555/9730.html 3/11/2003 03/11/03 TUE 10:58 FAX 6123402643 19J005 -- - Wage 1 of 2 Nii-pnesota Rule 7510.3540 Minnesota}Rules. Table of Chapters C, ble of contents for Chapter 7 7510.3540 ARTICLE 8 - ADULT DAY CARE CENTERS AND SUPERVISED LIVING FACILITIES. The Uniform -Fire Code is amended by adding an Article 8 to read: ARTICLE 8 - ADULT DAY CARE CENTERS AND SUPERVISED LIVING FACILITIES 8.1 General. Adult day care centers and supervised living facilities shall meet the requirements of this article. 8.2 Classification of Adult Day Care Centers. Adult day care centers are classified in accordance with the following and must meet the fire safety requirements for the designated occupancy classification. 8.2.1 Serving only participants capable of Self-preservation. Centers serving only participants who' are capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable requirements for Group E, Division 3 Occupancies. 8.2.2 Serving only participants not capable of self-preservation. Centers serving only participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet all applicable requirements for Group 1, Division 2 occupancies. 8.2.3 Serving both participants capable and participants not capable of Belt-preservation. Centers serving a population that includes both participants who are capable and participants who are not capable of taking appropriate action for self-preservation under emergency conditions shall meet the occupancy requirements for Group I, Division 2 or Group E, Division 3 occupancies. In addition to the requirements for Group E, Division 3 occupancies, the center shall meet the requirements set forth in this section. 8.2.3.1 Population. Not more than 50 percent of the center's licensed capacity shall be made up of participants who are not capable of taking appropriate action for self-preservation under emergency conditions. 8.2.3.2 Location. The center must be located on a floor level with all exits directly to grade without any intervening stairs . 8.2.3.3 Fire alarm and detection. The center shall be protected with a complete automatic fire detection system consisting of automatic smoke detection in all corridors and at the top of all stairways and automatic detection in boiler and furnace rooms, kitchens, storage rooms, janitor closets, laundries, and other hazardous areas. In buildings equipped with manual fire alarm systems, the manual fire alarm and automatic detection systems 3/11/2003 h .mttp://www.revisor.leg,staten.us/arule/7510/3 540.htm1 03/11/03 TUE 10:58 FAX 6123402643 Q006 Minnesota Rule 7510.3540 Page 2 of 2 shall be electrically interconnected. 8.2.3.4 Evacuation time. The center shall demonstrate the ability to evacuate the entire population of the center within three minutes. 8.3 Classification of Supervised Living Facilities. Supervised living facilities are classified in accordance with Article 2 and must meet the fire safety requirements for the designated occupancy classification. 8.3.1 Class A-1 supervised living facilities. Class A-1 supervised living facilities must meet Group R, Division 3 Occupancy requirements. 8.3.2 Class A-2 supervised living facilities. Class A,-2 supervised living facilities must meet Group R, Division 1 Occupancy requirements. 8.3.3 Class 8-1 supervised living facilities. Class B-1 supervised living facilities meeting the fire-protection provisions of chapter 21 of the National Fire Protection Association Standard No. 101 (Quincy, Massachusetts, 1985) for impractical evacuation capabilities shall be classified as Group R, Division 3 occupancies. For the purposes of this section and section 8.3 .4, Standard No_ 101 (1985) chapter 21 is incorporated by reference, is not subject to frequent change and is available at the State Law Library, 25 Constitution Avenue, Saint Paul, Minnesota 55155 - 8.3.4 Class B-2 supervised living facilities. Class B-2 supervised living facilities meeting the fire-protection provisions of chapter 21 of the National Fire Protection Association Standard No. 101 (Quincy, Massachusetts, 1985) for impractical evacuation capabilities shall be classified as Group R, Division 1 Occupancies. 8.3.5 Class 13-3 supervised living facilities. Class B-3 supervised living facilities must meet Group I, Division 2 requirements_ STAT AUTH: MS s 299F.011 HIST: 22 SR 2300 Current as of 12/17/01 http://www.revisor.leg.state.mn.us/arule/7510/3540.html 3/1.1/2003 UJ/11/UJ IUL XV;DU rAA 012J4U404J LQUU'/ Mimcsota Rule 1300.2400 Page 1 of 4 Minnesota-Rules_Tab le of k W—tens 1- e o. ontents for Chapter 132 1300.2400 DEFINITIONS. Subpart I. scope. The definitions in this part apply to parts 1300.2100 to 1300.3100 . Subp. 2. Administrative authority. "Administrative authority" means building official_ Subp. 2a. Adult day care center. "Adult day care center" means a facility that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator. A. "Class E" means any. building or portion of aJ building used for adult day care purposes for those participants who are capable of taking appropriate action for self-preservation under emergency conditions as determined in accordance with part 9555.9730 and must meet Group F, Division 3 occupancy requirements. B. "class I" means any building or portion of a building used for adult day care purposes for those participants who are not capable of taking appropriate action for self-preservation under emergency conditions as determined in accordance with part 9555.9730 and must meet Group I, Division 2 occupancy requirements. Subp. 3 . Agricultural building. "Agricultural building" means a building that meets the requirements of Minnesota Statutes, section 16B.60, subdivision 5 . Subp. 4 . Building official. "Building official" means the municipal building code administrative authority certified under Minnesota Statutes, section 16B.65, subdivisions 2 and 3 : Subp_ S. City. "City" means a home rule charter or statutory city. Subp. 6_ Code. "Code" means the Minnesota State Building Code adopted under Minnesota Statutes, section 16B.61, subdivision 1, and includes the following chapters of Minnesota Rules : A. 1300, Minnesota Building Cade; B. 1301, Building official Certification; C. 1302, Construction Approvals; D. 1305, Adoption of the Uniform Building Code; B. 1306, Special Fire Protection Systems; http://www.revisor.leg.state.mn.us/arule/1300/2400.html 3/11/2003 03/11/03 TUE 10:59 FAX 6123402643 IN08 Minnesota Rule 1300.2400 Page 2 of 4 F. 1307, Elevators and Related Devices; G. 1315, Adoption of the Natiohal Electrical Code; H. 1325, Solar Energy Systems; I. 1330, Fallout Shelters; J. 1335, Floodproofing Regulations; K. 1340, Facilities for the Handicapped; L. 1346, Adoption of the Uniform Mechanical Code; M. 1350, Manufactured Homes; N. 1360, prefabricated Buildings; O. 1361, Industrialized/Modular Buildings; P. 1370, Storm Shelters (Manufactured Home Parks) ; Q. 4715, Minnesota plumbing Code; and R. 7670, Minnesota Energy Code. See part 1300.2900 for those chapters that may be adopted at the option—of'a municipality which has adopted the code. Subp,. 7. Commissioner, "Commissioner" means the Commissioner of administration. Subp. 7a. Family day care home. "Family day care home" means a residence or portion of a residence licensed by the Department of Human Services under chapter 9502 for no more than ten children at one time of which no more than six are under school age and must meet Group R, Division 3 occupancy requirements.- Subp. 7b. Group family day care home. "Group family day care-home" means any residence or portion of a residence licensed by the Department of Human services under chapter 9502 for no more than 14 children at any one time and must meet Group R, Division 3 occupancy requirements. Subp. 6. Mandatory terms. Mandatory terms include "must" and "shall, " which have. the Same meaning. Subp. 8a. Manufactured home. "Manufactured home" has the meaning given in Minnesota Statutes, section 327 .31, subdivision 3, and for the purpose of determining occupancy separations, is considered a Group R, Division 3 occupancy. Subp. 9. Mayor and city council. "Mayor" and "city council,, mean governing body whenever they appear in the code. Subp. 10. Municipality. "Municipality" means a city, county, or town meeting the requirements of Minnesota Statutes, section 368.01, subdivision 1, the University of Minnesota, or the state of Minnesota for public buildings and state licensed bttp://www.revisor.leg.state.mn.us/arule/1300/2400.html 3/11/2003 UJ/11/uJ iuz 1u.ov raa DIZ04UZ04J C. UUU Nfinnesota Rule 1300.2400 Page 3 of 4 facilities. Subp. 10a. Recyclable materials. "Recyclable materials" means materials that are separated from mixed municipal solid waste, for the purpose of recycling, including paper, alasso metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. - Subp. 10b. Recycling. "Recycling" means the proc ss of collecting and preparing recyclable materials and reu ling the materials in their original form or using them in man facturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subp. 10c. Supervised living facility- "Supervised living facility" means a facility in which there is provided supervision, lodging, meals, and, in accordance with the provisions of rules of the Minnesota Department. of Human Services, and the Minnesota Department of Health, counseling and developmental habilitative or rehabilitative services to persons who are .mentally retarded, chemically dependent, adul • mentally ill, or physically handicapped. A. "Class A-1 supervised living facility" means a supervised living facility for ambulatory and mobile �ersons who are capable of taking appropriate action for self-preservation -under emergency conditions as determined by program licensure .provisions for six or fewer persons and must meet Gro�p R, Division 3 occupancy requirements. B. "Class A-2 supervised living facility" means a supervised living facility for ambulatory and mobile ersons who are capable of taking appropriate action for self-pretervation under emergency conditions as determined by program A censure provisions for more than six persons and must meet Gr up R, Division 1 occupancy requirements. C. "Class B-1 supervised living facility" means a supervised living facility for ambulatory, nonambulatory, mobile, or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preserv�ation under emergency conditions as determined .by program licensu�C6 provisions for six or fewer persons and must meet Gro p R, Division 3 occupancy requirements. D. "Class B-2 supervised living facility" means a supervised living facility for ambulatory, nonambulat ry, mobile, or nonmobile persons who are not mentally or hysically capable of taking appropriate action for self-prese ation under emergency conditions as determined by program licens re provisions for seven to 16 persons and must meet Group R, Division 1 occupancy requirements. B. "Class B-3 supervised living facility" meane a supervised living facility for ambulatory, nonambula ory, mobile, or nonmobile persons who are not mentally or physically capable of taking appropriate action for self-prese ation under emergency conditions as determined by program licens re provisions for over 17 persons and must meet Group I, Division 2 http://www.revisor.leg.state.=.uS/arule/1300/2400.htznl 3/11/2003 03/11/03 TUE 11:00 FAX 6123402643 [ j010 Minnesota Rule 1300.2400 Page 4 of 4 . occupancy requirements. Subp. 11. State building official. "State building official" means the person who, under the direction and supervision of the commissioner, administers the code. Subp. 11a. state licensed facilities. "State licensed facilities" means a building and its grounds that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing outpatient surgical center, or correctional facility. Subp. 12 . State-owned buildings. "State-owned buildings" means buildings and structures financed in whole or in part by state funds that are under the exclusive jurisdiction and custodial control of one or more state departments or agencies. Subp. 13 . Town. "Town" means a town meeting the requirements of Minnesota Statutes, section 368.01. Subp. 14 . Uniform Building Code or UBC. "Uniform -Building Code" or ,UBC" means the Uniform Building Code, as promulgated, by the international Conference of Building officials, Whittier, California, and as adopted by reference in part 1305.0010. Subp. 15. Ventilation. "Ventilation" is the process of supplying or removing air by natural or mechanical means to or from any space. The air may or may not have been conditioned_ STAT AUTH: MS s 16B.59 to 16B.75 HYST! 15 SR 74; 19 SR 1340; 20 SR 2290 (X0. 43) ; 23 5R 683 Current as of 10109198 http://www.revisor.leg.state.nm.us/arale/1300/2400.html 3/11/2003 03/11/U3 1'lih 11:UU YAd tJIZJ4ULt343 WjU11 :miwesota Rule 9555.9600 Page 1 of 4 Minnesota Rules, Table of C a ters Table of contents for ha ter_9-_5_J5 9555.9600 DEFINITIONS. Subpart 1. Scope. The terms used in parts 9555.9600 to 9555.9730 have the meanings given them in this part. Subp. 2 . Adult. "Adult" means a person la years of age or older. Subp. 3 . Adult day care. "Adult day care" means a program of services provided to functionally impaired adults for a period of less than 24 hours during the day. Adult day care is intended to maintain functionally impaired adults in the community and to prevent or delay institutionalization. Subp. 4. Adult day care center or center. "Adult day care center" or "center" means a facility that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator. Subp. 5. Ambulatory. "Ambulatory" means having the ability to walk independently and negotiate barriers such as ramps, doors, stairs, and corridors without assistance. Subp. 6. Applicant. "Applicant" means an operator or authorized representative of an operator seeking a license to operate an adult day care center under parts 9555.9600 to 9555.9730. Subp. 7 . Building official. "Building official" means a person appointed in accordance with Minnesota Statutes, section 16B.65, to administer the State Building code or the building official's authorized representative. Subp. 8 . Capable of taking appropriate action for self preservation under emergency conditions. "Capable of taking appropriate action for self preservation under emergency conditions" is the designation applied in parts 9555.9600 to 9555.9730 to an adult who meets the criteria in items A and B. A. The person is ambulatory or mobile; and B. The person has. the combined physical and mental capability to: (1) recognize a danger, signal, or alarm requiring evacuation fzom the center; (2) initiate and complete the evacuation without requiring more than sporadic assistance from another person, such as help in opening a door or getting into a wheelchair; (3) select an alternative means of escape or take other appropriate action if the primary escape route is blocked; http://www.revisor.leg.state.mu.us/arule/9555/9,600.html 3/11/2003 03/11/03 TUE 11:00 FAX 6123402643 11012 -Minnesota Rule 9555.9600 Page 2 of 4 . and I (4) remain at a designated location outside the center until further instruction is given. Subp. 9. Caregiver. "Caregiver" means a person, usually a family member, whose support helps a participant to live independently or semi independently in the community and to participate in adult day care. For the purpose of parts 9555.9600 to 9555.9730, caregiver does not denote legal or financial responsibility for the participant. Subp. 10. Center director. "Centex' director" means the person responsible for managing the daily affairs of the center. Subp. ll. Commissioner. "Commissioner" means the commissioner of the Minnesota Department of Human Services or the commissioner's authorized representative. Subp. 12. Department. "Department" means the Minnesota Department of Human Services. Subp. 13. Fire marshal. "Fire marshal" means the person designated by Minnesota Statutes, section 299F.'011, to administer and enforce the Minnesota Uniform Fire Code, or the fire marshal's authorized representative. Subp. 14. Functionally impaired adult. "Functionally impaired adult" means an adult having a condition that includes (1) having substantial difficulty in carrying out one or more of the essential major activities of daily living, such as- caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; or (2) having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and (3) requiring support to maintain independence in the community. Subp. 15. Agent of a board of health. "Agent of aboard of health" as authorized under Minnesota Statutes, section 145A.04, means the designated representative of the state or local board of health as defined in Minnesota Statutes, section 145A.02, subdivision 2, to enforce state and local health codes. Subp. 16_ License. "License" means a certificate issued by the -commissioner. authorizing the operator to provide specified services for a specified period of time in accordance with the terms of the license, with Minnesota Statutes, chapter 245A and section, 252 .28, subdivision 2, and with parts 9555 .9600 to 9555 .9730. License includes a provisional license issued to are operator who is temporarily unable to comply with all ,the requirements for issuance of a license. Subp. 17. Licensed capacity. "Licensed capacity" means the maximum total number of participants the center is permitted to serve on the premises at any one time under the terms of the license. Subp. 18. Medication assistance. "Medication assistance" means assisting participants to take medication and monitoring http://www.revisor.leg.state.inn.us/arule/9555/9600.htm) 3/11/2003 03/11/03 TUE 11:00 FAX 6123402643 16013 -Minnesota Rule 9555.9600 Page 3 of 4 the effects. of medication but does not include administering injections. Medication includes a prescription substance ingested, injected, or applied externally to prevent or treat a condition or disease, heal, or relieve pain. Subp. 19. Minnesota uniform Fire code. "Minnesota Uniform Fire Code" means those codes and regulations adopted by the state fire marshal in accordance with Minnesota Statutes, section 299F.011, and contained in parts 7510 .3100 to 7510.3280 - Subp. 20 - Mobile. "Mobile" means being nonambulatory but having the ability to move from place to place with the aid of such devices as crutches, walkers, wheelchairs, and wheeled platforms. Subp. 21. Multifunctional organization. "Multifunctional organization" means an organization such as a nursing home that operates a center licensed under parts 9555. 9600 to 9555.9730 as well as one or more other programs or facilities simultaneously and within the same administrative structure. Subp. 22 . operator. "operator" means the individual, corporation, partnership, voluntary association„ or other public or private organization legally responsible for the operation of a center. Subp. 23_ Participant. "Participant" means a person who has been admitted to and is receiving services from a center licensed under parts 9555.9600 to 9555_9730. Subp. 24. physician. "Physician" means a person licensed to provide services within the scope of the profession as defined in Minnesota Statutes, chapter 147 . Subp. 25 . Registered dietitian. "Registered dietitian" means a dietitian registered with the National Commission on Dietetic Registration, Subp. 26. Registered nurse. "Registered nurse" means a person registered by the Minnesota State Board of Nursing to practice professional nursing. Subp. 27. Registered physical therapist. "Registered physical therapist" means a person registered by the Minnesota State Board of Medical Practice to practice physical therapy. Subp. 28. Regularly or on a regular basis. "Regularly"' or "on a regular basis" means the provision of day care services to one or more persons for a cumulative total of more than 30 days within any 12 month period. Provision of services for any part of a calendar day shall constitute provision of service for the entire calendar day. Subp. 29. State Building Code. "State Building Code" means those codes and regulations adopted by the commissioner of the Department of Administration in accordance with Minnesota Statutes, section 16B_59, and contained in chapter 1300. Subp. 30. Structured exercise program. "Structured exercise program" means an identifiable group activity of http://www.revisor.leg.state.n2n.us/arule/9555/9600.html 3/11/2003 _ 03/11/03 TUE.11:01 FAX 6123402643 Z014 Minnesota Rate 9555.9600 Page 4(?f 4 specific, planned physical exertion designed for participants with similar physiologic and physical needs, meant to maintain or improve range of motion and endurance, general cardiovascular capability, muscle tone, and metabolic levels. Subp. 31. variance. "variance° means written permission from the commissioner allowing an applicant or operator to depart from specific provisions of parts 9555 .9600 to 9555.9730 . STAT AUTH: MS 9 245A.09 HIST: 11 SR 2165; L. 1987 c 309 6 24; 13 SR- 1448; L 1991 C 106 6 6; 18 SR 2748 Current as of 08103101 http://www.revisor.leg.state.mn.us/acute/9555/9600.html 3/11/2003 U3/11/Ud lUZ 11:U1 rAA 01L44UZ04J WJU15 Minnesota Rule 9555.9610 Page 1 of 1 h ir►nesota Rules._. able of-Chapters able of contents for Chgpter 9555 9555.9610 ADULT DAY CARE CSNTER LICENSURE. Subpart 1. Purpose. The purpose of parts 9555 .9600 to 9555.9730 as authorized by Minnesota statutes, chapter 245A, is to establish procedures and standards for licensing adult day care centers to assure the health, safety, and rights of adult day care participants. Suhp. 2 . Applicability. Parts. 9555. 9600 to _95.55.9730 govern the licensing of. adult day care centers. An identifiable unit in a nursing home, hospital, or boarding care home licensed by the commissioner of health that regularly provides day care for six or more functionally impaired adults at any given time who are not residents or patients of the nursing home, hospital, or boarding care home must be .licensed as an adult day care center. Subp. 3 . [Repealed, 18 SR 27461 Subp. 4. [Repealed, 18 SR 27461 STAT Ai7T14: MS a 245A.09 HIST: 11 SR 2165; L 1987 c 333 s 22; 13 SR 1448; 18 SR 2748 current as of 08103101 http://www.revisor.leg.state.mn.us/arule/9555/9610.htm1 3/11/2003 03/11/03 TUE 11:01 FAX 6123402643 [a 016 Minnesota Rule 9555.9640 Page 1.of 2 . Minnesota Rules, Table o_,f Chapters gable of cons-Q for Chapter 9555 9555.9640 POLICY AND PROGRAMS INFORMATION REQUIREMENTS. A center shall have available for review and shall distribute to participants and their caregivers upon admission written information about the points in items A to N: A. the scope of the programs, services, and care offered by the center; B. a description of the population to be served by the center; C. a description of individual conditions which the center is not prepared to accept, such as a communicable disease requiring isolation, a history of violence to self or others, unmanageable incontinence or uncontrollable wandering; D. the participants ' rights developed in accordance with part 9555 .9670 and additionally: (1) a procedure for presenting grievances, including the name, address, and telephone number of the licensing division of the department, to which a participant or participant's caregiver may submit an oral or written complaint; (2) a copy or written summary of Minnesota Statutes, section 626.557, the Vulnerable Adults Act; R. the center's policy on and arrangements for providing transportation; F. the center's policy on providing meals and snacks; G. the center's fees, billing arrangements, and plans for payment; H. the center's policy governing the presence of pets in the center; I. the center's policy on smoking in the center; ,7. types of insurance coverage carried by the center; K. a statement of the center's compliance with Minnesota statutes, section 626.557, and rules adopted under that section; L. a statement that center admission and employment practices and policies comply with Minnesota Statutes, chapter 363, the Minnesota Human !tights Act; M. the terms and conditions of the center's licensure ' by the department, including a description of the population the center is licensed to serge under part 9555.9730; and http://www.revisor.leg.state.mn.us/arule/9555/9640.htmi 3/11/2003 03/11/03 TUE 11:01 FAX 6123402643 1017 ;,�4i4nesota Rule 9555.9640 - Page 2 of 2 N. the telephone number of the department' s licensing division. The information in items ,A to 9 must be provided in writing to the commissioner upon request and must be available for inspection by the commissioner at the center. STAT AUTH: MS 9 245A.09 HIST: 11 SR 2165 Current as of 08103101 http://www.revisor.leg.state.mn.us/arule/9555/9640.htrrJ 3/11/2003 03/11/03 TUE 11:02 FAX 6123402643 2018 Minnesota Rule 9555.9680 Page l,�f 1 Minnesota Rules. Ta le of Chanters Table.of contests for Char 9555 9555.9680 PERSONNEL REQUIREMENTS. Subpart 1. Center director. The center director must meet both the requirements in items A and B or only the requirement in item C: A. licensure by the state of Minnesota as a licensed practical nurse or completion of at least two years of postsecondary education from an accredited college, university, technical college, or correspondence school; and B. completion of two years of paid or volunteer experience in planning or delivering health or social services including experience in supervision and administration; or t. completion of four years of paid or volunteer experience in planning or delivering health or social services including two years of experience in supervision and administration. Subp. 2 . Personnel standards. The standards and requirements in items A to C apply to all employees_ A. Persons who supervise employees must be at least 18 years of age. B. Employees or constiltants who perform services that require licensure, certification, or registration by the state of Minnesota must have current licensure, certification, or registration in their field. C. An employee, other than 'a physician, registered pharmacist, registered nurse, or licensed practical nurse, who is responsible for medication assistance shall provide a certificate verifying successful completion of a trained medication aid program for unlicensed personnel approved by the Minnesota Department of Health or shall be trained'by a registered nurse to provide medication assistance in accordance with part 9555.9710, subpart 3. Subp. 3 . [Repealed, 18 SR 27481 Subp. 4 - [Repealed, 18 SR 27461 STAT AUTH: MS s 245A.09 HIST: 11 SR 2165; L 3.989 c 246 s 2; 18 SR 2748 Current as of 08103101 http://www.revisor..leg.state,mn.us/arule/9555/968O.htm1 3/11/2003 03/11/U:3 TLIE 11:UL r'AX U1234UZU43 LejUla Iklianesota Rule 9555.9690 Page 1 of 3 Minnesota Rules,Table of ha, ters able of contents for C: a ter 955 9555.9690 STAFF RATIO AND CNNTER COVERAGE. subpart 1. Staff ratio. Centers must meet the standards Specified in items A to G. A. When a center serves only participants who are capable of taking appropriate action for self-preservation under emergency conditions, the center shall maintain a minimum staff to participant ratio of one staff member present for every eight participants present. B. when a center serves only participants who are not capable of taking appropriate action for self-preservation under emergency conditions, the center shall, maintain a minimum staff to participant ratio of one staff member present for every five participants present. C. When a center serves both participants who are capable of taking appropriate action for self-preservation under emergency conditions and participants who are not, the center shall maintain a staff to participant ratio of one staff member present for every five participants present who are not capable of self-preservation and one staff member present for every eight participants present who are capable of self-preservation. When a center has participants to whom the one to eight ratio applies, as well as participants to whom the one. to five ratio applies, the number of staff persons necessary to meet the ratio requirements can be determined by making the following computations: (1) multiply the number of participants present who are capable of self-preservation by 12.5; (2) multiply the number of participants.present who are not capable of self-preservation by 20;. (3) add the two figures that result from the multiplication in subitems (1) and (2) ; (4) when the sum calculated in subitem (3) is 100 or less, one staff person is required to meet the ratio requirements; (5) when the sum calculated in subitem (3) is 101 to 200, two staff persons are required; and (6) when the sum calculated in subitem (3) is 201 to Soo, three staff persons are required. one additional staff person is required each time the sum increases by a unit of 100 . D. only those employees whose primary center duties, as defined in their job descriptions, are to work directly with participants by providing care, supervision, and assistance in achieving plan of care objectives shall be counted as staff httj)://www.revisor.leg.state.mn.us/arul.e/9555/9690.htm.1 3/11/2003 03/11/03 TUE 11:02 FAX 6123402643 0 020 Minnesota Rule 9555.9690 Page 2 p.f 3 , members in calculating the staff to participant ratio. . B. A multifunctional organization may count. other employees of the organization besides center employees in calculating the staff to participant ratio if: (1) the employee's responsibilities in the organization other than the center meet the requirement in item D; and (2) the employee is assigned to the center for a specified amount of time during which the employee is not assigned to another organization. F. No participant shall be counted as or be substituted for a staff member in calculating the staff to participant ratio. G. A volunteer may be counted as a staff member in calculating the staff to participant ratio if the volunteer meets the same standards and requirements as paid staff. Subp. 2 . Staff coverage of center. Centers must meet the standards specified in items A to D. A. In the temporary absence of the director, a staff member shall be designated to supervise the center. B. When only one staff member is needed to meet the staff ratio requirement in subpart •1, item A, •a volunteer or other adult who is not a participant shall be present when six or more participants are in attendance. C. A person trained in basic first aid and certified in cardiopulmonary resuscitation, and the treatment of obstructed airways must be present at all times: (1) in the center when participants are present; (2) in a vehicle being used by the center to transport participants; and (3) with participants on .field trips or other activities conducted by the center away from the center site. 5ubp. 3 . Staff orientation to center. A center shall provide all center employees with 20 hours of orientation to the center within the employee' s first 40 hours of employment at the center. At least four hours of supervised orientation must be provided before employees work directly with center participants. The orientation must include training related to the kinds of functional impairments of current center participants, the protection and abuse reporting requirements of parts 9555.8000 to 9555.:8500, and the safety requirements and procedures in part 9555.9720. 5ubp. 4 . In service training. A center shall provide a minimum of eight hours of in service training annually. In service training must be in areas related to care of center participants, including provision of medication assistance and http://www.revisor.leg.state.nin.us/arule/9555/9690.html 3/11/2003 03/11/0:3 TUE 11:U3 YAA tJ1ZJ4UL1i43 WJVZ.L Minnesota Rule 9555.9720 Page 1 of 3 Minnesota Rules. Table of._'hapters Table o contents, for Chap rxe 9555 9555.9720 SAFETY REQUIREMENTS. Subpart 1. First aid kit. The center shall have a first aid kit that contains a first aid manual, sterile bandages and band-aids, sterile compresses, Ipecac syrup, scissors, an ice bag or cold pack, an oral or topical thermometer, liquid soap, adhesive tape, and money for phone calls. The first aid kit and manual must be accessible to the staff in the center and must be taken on field trips. The Ipecac syrup must be labeled with instructions to telephone the poison control center, or 911, or the participant's emergency medical care source before administering. Subp. 2 . Telephone and posted numbers. A center shall have a noncom operated telephone that is readily accessible. A list of emergency numbers must be posted next to -the telephone. When an area has a 911 number, the emergency number listed must be 911. In areas of the state without a 911 number, the numbers listed must be those of the local fire department, police department, emergency transportation, and poison control . center. In a hospital or 'nursing home, the emergency care team number must be posted. Subp. 3 . Emergency phone numbers for participants. For each participant, the emergency phone numbers of the caregiver, the persons to be called if the caregiver cannot be reached, and the participant's physician must- be readily available at the center. These numbers must also be available in vehicles provided by the center to transport participants. Subp. 4. Records of incident's. The center shall maintain records of all incidents involving participants, including illnesses; accidents requiring first aid; incidents requiring emergency medical or psychiatric care; incidents requiring a police report to be made; and incidents when a complaint has been filed under Minnesota Statutes, section 626.557, Reporting of Maltreatment of Vulnerable Adults. The record shall include the participant's name, the date and time of the incident, a description of the incident, the center' s action in response to the incident, and indication that the incident was reported to the participant's Caregiver. Subp. 5_ Hazardous objects, 'materials, or equipment. chemicals that are poisonous when swallowed or inhaled or that are damaging to eyes or skin must be stored in an area not accessible to the participants. use of scissors, knives, matches, razor blades, and other potentially hazardous materials by participants shall be allowed only under supervision. Subp. 6. Emergency equipment. The center shall have a flashlight and a portable radio or television set that do not require electricity and can be used if a power failure occurs. Subp. 7. equipment and furniture. Equipment and furniture http://www.revisor.leg.state.mn.us/arule/`9555/9720.htm.1 3/11/2003 03/11/03 . TUE 11:03 FAX 6123402643 0 022 Minnesota Rule 9555.9720 Page 2 pf 3 must be in good repair and without sharp points, splinters, and paint that contains lead. Subp. S. Areas used by participants. The areas used by participants must be free from debris, loose plaster, peeling paint, and litter. pugs must have a nonskid backing. Subp. 9. Emergencies caused by fire and weather. The center shall have written plans for emergencies caused by fire, blizzards, and tornadoes. The plans must be posted in a visible place and be on file in the center. The plans must include items A to I: A. the responsibilities each staff person will. assume in case of emergency; S. identification of primary and secondary exits; c. identification of building evacuation routes; D.' identification of an emergency shelter area within the Center; E. instructions for evacuating or rescuing participants; F_ instructions for calling the fire department and emergency phone numbers; G. procedures for the quarterly fire drill; H. instructions on location and use of fire extinguishers; and I . instructions on closing off the fire area. The fire escape plan must be rehearsed at least four times each year and the dates of rehearsals must be recorded in the file of emergency plans. subp_ 10. Medical emergencies. The center shall have written procedures governing medical emergencies and an identified source of emergency medical care and transportation that is made known to all staff members and volunteers. Subp. 11. Pets. If the center allows pets, the center must ensure that: A. prospective participants are notified that pets may be present in the center; B. all dogs and cats brought into the center have current rabies shots and tags; c. pets and pet cages are excluded from food storage, preparation, and serving areas; and D. a record of annual examinations for communicable disease and parasites by a licensed veterinarian is maintained for all pets that reside in or regularly visit the center. http://www.revisor.leg-state.mn.us/arule/9555/9720..html 3/11/2003 City Council Regular Meeting Minutes February 11, 2003 Page 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 February 11, 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 Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Morrison and City Attorney Jerry Gilligan. 17 18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF FEBRUARY 11,2003 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of February 11, 23 2003. 24 25 Motion carried unanimously. 26 27 H. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 I11. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time and address the Council on items 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 1. Consider Januarx28, 2003 Council meeting minutes. 39 2. Consider licenses and permits. 40 3. Consider payment of claims. 41 4. Resolution 03-017,re: Funding options for City street improvements. 42 5. Resolution 03-021, re: Add member to Public Facilities Study Group. 43 44 Motion by Councilmember Sparks to approve the Consent Agenda items. 45 46 Motion carried unanimously. 47 City.Council Regular Meeting Minutes February 11, 2003 Page 2 1 V. PUBLIC HEARINGS. 2 A. Street and utility improvements for 2003 (Resolution 03-019) 3 Mayor Hodson welcomed Todd Hubmer, WSB &Associates to the meeting. 4 5 Mr. Hubmer addressed the Council and gave an overview of the 2003 Street Project. 6 7 Mr. Hubmer said this project consists of street reconstruction and replacement of water main and 8 storm sewer on the following streets: Edward Street(33`d Avenue NE to 34`'Avenue NE), 34`h 9 Avenue NE (Stinson Boulevard to Silver Lake Road), and Belden Drive (33'd Avenue NE to 34`h 10 Avenue NE). 11 12 Mr. Hubmer gave an overview of the funding for the project. He said the estimated cost of the 13 improvement is$1,700,000.00. He explained the project costs are broken down as follows: 14 $1,132,000.00 for street improvements, $260,000.00 for sanitary sewer improvements, 15 $284,000.00 for water main improvements, and$24,000.00 for storm sewer improvements. He 16 said about $363,000.00 will be assessed to the residents and $1,370,000.00 will be paid by the 17 City. 18 19 Mr. Hubmer said the City's assessment policy is that 65% of street costs are paid by the City and 20 35% are assessed to the residents. He presented a table, which gave an example of a typical 21 assessment in the City at an interest rate of 6.75%over a 15-year assessment period. 22 23 Mr. Hubmer explained if the entire principal amount is.paid before November 30, 2003 interest 24 charges can be avoided. He said, after a year, future interest charges can be avoided by paying 25 them off before December 1, 2003. 26 27 Councilmember Sparks asked how assessments are done by other cities. Mr. Hubmer said it 28 varies by communities. He said some cities assess sanitary and water main charges where St. 29 Anthony doesn't and others have higher participation by residents. 30 31 Councilmember Sparks asked if this is part of the normal 10-year plan or part of the flood work 32 being done. Mr. Hubmer said the flood work ended last year with the street reconstruction 33 schedule. 34 35 Mayor Hodson opened the public hearing at 7:04 p.m. He asked if the public had any questions 36 or comments and asked them to come forward at this time. 37 38 Charles Hockert, 3306 Belden Drive, came forward and addressed issues regarding the 2003 39 property assessments. He stated that because he has a large backyard he will pay much more for 40 the street out front than most of his neighbors. He feels that all neighbors use the street to the 41 same extent,therefore everyone should pay the same amount in assessments and make it equal. 42 He would like to see this changed for the future. 43 44 Bob Kluwe, 2600 34`h Avenue NE, came forward and addressed his feelings towards the 45 proposed assessment for street repairs. He feels the assessment and the method of assessment 46 seem very unfair.'He does not understand why individual lot owners should be assessed for such 47 repairs when they are being made to public property. He said he does not own or control the City Council Regular Meeting Minutes February 11, 2003 Page 3 1 fifteen feet of his lot that borders the street. He feels the expense for any needed repairs to 2 streets, curbs, sewers, and utility lines should be shared by all property owners benefiting from 3 them. 4 5 Mr. Kluwe also said he does not understand why corner lots-are assessed on both frontage and 6 side lengths while non-corner lots are assessed only according to their frontages. He said there 7 are so many disadvantages to living on a corner in St. Anthony Village and feels he should 8 actually be assessed at a lower rate. He listed the disadvantages as being increased traffic noise, 9 increased litter, increased maintenance, and less privacy. 10 11 Mr. Kluwe stated that if equal assessment amounts are not going to be applied then he feels 12 square footage should be considered. He stated his lot is 11,250 square feet and believes the 13 property at 3326 Edward Street is.17,775 square feet. He said that property is probably valued at 14 twice of what his is,yet he is being assessed $7,506 compared to their assessment of$4,448. He 15 stated he would welcome a visit from the Council to compare the two homes. 16 17 Sally Hockert, 3306 Belden Drive,wanted to make sure it was addressed that there's a large 18 storm sewer in the back of her property. She stated that when it rains the water flows 19 everywhere. She said she hopes this will be addressed when the street repairs are being done. 20 She said the City-has come out a few times to fill in the dirt,but it keeps getting washed away. 21 She asked if this was going to get addressed with the new repairs. 22 23 Mayor Hodson asked Mr. Hubmer to address Mrs. Hockert's question. 24 25 Mr. Hubmer said the size of the storm sewer was increased with-the year 2000 changes in 33' 26 Avenue. He said this served the backyard drainage area and provided an emergency overflow 27 out of the backyard areas at an elevation that was lower than the building openings of the 28 adjacent structures. He also said that with the completion of improvements in last year's street 29 reconstruction project water should be able to move out of that area. He said this should prevent 30 some of the tail water conditions. 31 32 Councilmember Sparks asked if the work being done now will have any effect on Mr. and Mrs. 33 Hockert's water problem. Mr. Hubmer responded that the work being done now will not 34 improve Mr. and Mrs. Hockert's water situation. He said they should see improvements next 35 summer since the work was done last fall. 36 37 Councilmember Horst asked if the difference in assessment policies only relates to homes on 38 corner lots. Mr. Hubmer responded yes. He said both the Hockerts and Kluwes have a unique 39 situation that hasn't been seen much before. 40 41 Councilmember Horst asked if there were remedies for those who feel they want to protest 42 inequities. City Attorney Gilligan responded they could file an appeal with the District Court. 43 44 Councilmember Thuesen asked what criteria the court would look at to rule that the City's 45 assessment is not fair. City Attorney Gilligan stated the criteria the courts look at when judging 46 assessments is based on the increase in property value. 47 City Council Regular Meeting Minutes February 11, 2003 Page 4 1 Councilmember Faust asked how the front footage is calculated. Mr. Hubmer responded that the 2 legal description of the property is used to calculate the front footage, which is obtained from the 3 property assessment records. 4 5 Mayor Hodson stated he personally feels there's an inequity in the assessments. 6 7 Mayor Hodson closed the public hearing at 7:36 p.m. 8 9 Mr. Mornson gave a brief historical perspective on this assessment. He said this assessment 10 policy was adopted in 1993 and explained how the task force came up with it. He stated that the 11 City was going to pay more of the cost than the residents primarily because they did not assess 12 the sanitary sewer or water main. 13 14 Mr. Mornson said one of the options would be to approve the resolutions because it would get 15 the bid process going. He said Staff can meet with the Hockerts and Kluwes to come up with 16 another policy and adjust those two assessments at the,next Council meeting. 17 18 Mayor Hodson stated he would be acceptable to that. 19 20 Councilmember Thuesen asked if it was equitable to change the rules half way through. He said 21 a task force would need to be involved to change something of this nature and felt it was a risky 22 way to go forward. 23 24 Mayor Hodson said it also wasn't fair to keep moving forward with the cases that are clearly not 25 equitable. 26 27 Mr. Mornson said he wouldn't recommend changing the overall policy,but just the parcels that 28 are unusual (the Hockerts and Kluwes). 29 30 Councilmember Faust said he feels it's a sound policy. He also said it might be a good idea to 31 incorporate an element of equity into the policy in order to fairly deal with the special cases. 32 33 Councilmember Horst stated that City law has to be equitable and stand the test of time. He said 34 he would be careful to change too much,but wants to be sensitive to homeowners with special 35 cases. 36 37 Mayor Hodson said he would like Staff to meet with these residents and try to come up with an 38 equitable solution. 39 40 Councilmember Sparks said she wanted to confirm that the Hockerts and the Kluwes were the 41 only two anomalies. 42 43 Mr. Hubmer responded that the residents at 3308 Belden Drive were also an anomaly; however, 44 after a review, calculations were made that fell in line with the adjacent residents more readily. 45 46 Motion by Councilmember Horst to adopt Resolution 03-019, re: street and utility improvements 47 for 2003. City Council Regular Meeting Minutes February 11, 2003 Page 5 1 2 Motion carried unanimously. 3 4 B. Confirm 2003 assessments for street and utility improvements (Resolution 03-018). 5 Motion by Councilmember Faust to adopt Resolution 03-018,re: Confirm 2003 assessments for 6 street and utility improvements. 7 8 Motion carried unanimously. 9 10 C. Resolution 03-020, re: Award construction bid for 2003 street and utility improvements. 11 Mr. Hubmer stated that this resolution awards the contract for the 2003 street reconstruction 12 project to the lowest bidder. He said S.M. Hentges& Sons, Inc. of Jordan, MN was the lowest 13 responsible bidder in the amount of$1,219,931.00. 14 15 Councilmember Sparks asked Mr. Hubmer if he was comfortable with this particular contractor. 16 Mr.'Hubmer responded yes. 17 18 Councilmember Horst asked about residents checking into the background of the contractors and 19 how it's determined that the lowest bidder is qualified to do the job. 20 21 Mr. Hubmer said the contractors have to prove their qualifications. He said his firm has worked 22 with the contractor chosen for next years project and has a good level of comfort with them. 23 24 City Attorney Gilligan noted that the job goes to the lowest most responsible bidder,not just the 25 lowest bidder. 26 27 Mr. Hubmer said the contractors assured him that at the close of business each day the residents 28 should be able to get back into their homes. 29 30 Motion by Councilmember Horst to adopt Resolution 03-020, re: Award construction bid for 31 2003 street and utility improvements. 32 33 - Motion carried unanimously. 34 35 D. Ordinance 2003-001, re: Liquor licensing (3d Reading). 36 City Attorney Gilligan noted that this Public Hearing is not on the entire Ordinance,but just on 37 the Sunday hours of sale. He stated,that State law sets forth the hours of sale, which is noon on 38 Sunday to 1:00 a.m. Monday. However, the City is allowed.to extend those hours from 10:00 39 a.m. Sunday to 1:00 a.m. Monday,but can only be approved after a Public Hearing. 40 41 Mayor Hodson opened the public hearing at 8:01 p.m. and asked the public to come forward 42 with any questions at this time. 43 44 Hearing none, Mayor Hodson closed the public hearing at 8:02 p.m. 45 46 Motion by Councilmember Faust to approve the third reading and adopt Ordinance 2003-001,re: 47 Liquor licensing. City Council Regular Meeting Minutes February 11, 2003 Page 6 1 2 Motion carried unanimously. 3 4 VI. REPORTS FROM COMMISSIONS AND STAFF. 5 A. Report on proposed sale of bonds for the following_purposes(Representatives from 6 Ehlers &Associates were present). 7 Jim Prosser of Ehlers &Associates addressed the Council and provided an update on the 8 proposed sale of bonds. He said the Bonds will serve three separate purposes which include: 1) . 9 The Sewer and Water revenue Bonds are being issued to finance the cost of 27'h Avenue sanitary 10 sewer replacement, installation of water main in the Kenzie Terrace area, chemical treatment 11 facility renovation for the water supply system and related system improvements 2) The 12 Improvement Bonds will finance the 2003 street reconstruction program and 3) The Equipment 13 Certificates will finance a portion of the cost of replacing fire and public works equipment. 14 15 Mr. Prosser said the Sewer and Water Revenue Bonds and the Improvement Bonds are being 16 issued for a 20-year period. He stated the bonds maturing in 2012 and thereafter will be callable 17 in 2011 at the option of the City and the Equipment Certificates will be issued for a term of five 18 years. 19 20 Mr. Prosser said the Water and Sewer Revenue Bonds will be payable from water and sewer 21 revenues and the City has previously approved a rate increase to cover the debt service for the 22 bonds. He said the Improvement Bonds will be paid from the debt service portion of the City's 23 tax levy and the estimated impact of this levy will be about $38.64 for a home with a value of 24 $184,000. He stated the Equipment Certificates will also be paid from the debt service portion 25 of the City's tax levy and the estimated impact of this levy will be about $30.32 for a home with 26 a value of$184,000 for a period of five years. 27 28 Mr. Prosser noted that the City has already taken action to provide funding for the Water and 29 Sewer Bonds. He said the use of Improvement Bonds for street reconstruction has been an 30 established practice for over ten years and the use of Equipment Certificates is common for 31 many communities,but new to St. Anthony Village. He explained that the term of the 32 Equipment Certificates is limited to five years or the expected life of the equipment,whichever 33 is less. He said there are some other options to finance equipment with a useful life of over five 34 years(fire equipment). 35 36 Mr. Prosser gave an overview of important dates,which include the Pre-Sale Review on . 37 February 11, 2003; Distribute Official Statement on March 10, 2003; Conference with Rating 38 Agency on the week of March 17, 2003;Bond Sale on March 25, 2003; and an Estimated 39 Closing Date of April 16, 2003. 40 41 1. Resolution 03-022, re: GO bonds for sewer and water revenue relating to o 27`h 42 Avenue NE sanitary sewer replacement and installation of water main in Kenzie 43 Terrace area. 44 Motion by Councilmember Horst to adopt Resolution 03-022,re: GO bonds for sewer 45 and water revenue relating to 27'h Avenue NE sanitary sewer replacement and installation 46 of water main in Kenzie Terrace area. 47 City Council Regular Meeting Minutes February 11, 2003 Page 7 1 Motion carried unanimously. 2 3 2. Resolution 03-023. re: GO bonds for street improvements. 4 Motion by Councilmember Thuesen to adopt Resolution 03-023,re: GO bonds for street 5 improvements. 6 7 Motion carried unanimously. 8 9 3. Resolution 03-024. re: GO Equipment Certificates. 10 Motion by Councilmember Sparks to adopt Resolution 03-024, re: GO Equipment 11 Certificates. 12 13 Motion carried unanimously. 14 15 B. Update on Stonehouse redevelopment. 16 Stacie Kvilvang of Ehlers &Associates addressed the Council and provided an update on the 17 Stonehouse redevelopment project. 18 19 Ms. Kvilvang started by giving an overview of the projects history. She stated that in September 20 2002, a Task Force was formed to explore the feasibility of having the City construct a new Fire 21 Station and Public Works Facility. She said the Fire Department was of the opinion that a new 22 facility was needed because the current facility was never built/designed as a Fire Station. Ms. 23 Kvilvang stated the facility is obsolete for the Fire Department's operational needs and code and 24 accessibility requirements. She said the current Public Works Facility is also functionally 25 obsolete and does not meet the needs of the Department. She stated that both Departments are of 26 the opinion that they require a new, functional and safe facility that can meet the current and 27 future needs of the City's residents. 28 29 Ms. Kvilvang stated the structures on the Stonehouse property are currently over 40 years old 30 and in need of substantial renovation and/or removal in order to compete with today's retail 31 market/needs and to keep the center economically viable for the City. 32 33 Ms. Kvilvang said at the October 8, 2002 City Council work session the Council directed staff 34 and Ehlers&Associates to interview interested developers to ascertain their interest in 35 redeveloping the Stonehouse site. She said the rationale for this was that the City needs to have 36 an understanding of what it's options are for the existing Stonehouse site and if any of the 37 options are financially feasible and/or can assist in offsetting the cost of constructing anew 38 Public Works/Fire Station Facility. 39 40 Ms. Kvilvang stated that Amcon Construction has extensive experience in redevelopment,new 41 commercial, office and industrial development, as well as construction and construction 42 management services. She noted that Staff relayed the following key points of the 43 redevelopment to Amcon Construction: 1)The City would like to retain an 8,000-10,000 square 44 foot municipal liquor store on the site 2)The City would like to have a new restaurant that would 45 accommodate the existing pull tab establishment on site 3)The City would like to see an outdoor 46 seating space accommodated by the restaurant 4) If the Public Facilities task Force 47 recommended that the City construct a new Fire Station/Public Works Facility,the City would City Council Regular Meeting Minutes February 11, 2003 Page 8 1 need to relocate the existing Fire station 5) This intersection is the gateway to the community 2 and therefore,the design of the site would need to reflect this status; and 5) If possible, the city 3 would like the redevelopment to generate some form of financial contribution to the 4 development of a new Fire Station. 5 6 Ms. Kvilvang said that based on these discussions,Amcon submitted a proposal to Ehlers in 7 December 2002. She said their proposal is to construct 26,000 square feet of retail in two 8 buildings. She stated that one building would be located on the northern portion of the property, 9 at the intersection of County Road 88 and Kenzie Terrace. She noted that this building would 10 accommodate a 6,000 square foot restaurant. 11 12 Ms. Kvilvang noted that Amcon currently partners with a sports bar/restaurant chain in some of 13 their commercial developments. She said this restaurant is interested in locating on this site and 14 will accommodate the current pull-tab establishment and the exiting Stonehouse Restaurant staff 15 can apply for jobs at the new restaurant. She said Ehlers did inform Amcon that the City had 16 been approached by a couple of other restaurateurs that have shown interest in developing a 17 restaurant on the site,both of which will also accommodate pull tabs. She said Amcon has met 18 with one of the interested restaurateurs and is corresponding with the other. If selected to 19 proceed with the development, Ms. Kvilvang stated that Amcon will make the determination 20 which restaurant will be most financially feasible for the site, while meeting the community's 21 needs. 22 23 Ms. Kvilvang noted that the second retail building, consisting of 20,000 square feet, will be 24 located on the southern portion of the site where the existing strip center is located. She said it is 25 anticipated that the new 8,000-10,000 square foot municipal liquor store would be located on the 26 end cap fronting along County Road 88 and the remaining 10,000 square feet of retail space will 27 span over to Kenzie Terrace. 28 29 Ms. Kvilvang said that since the City desires to maintain a municipal liquor store on site, Amcon 30 has provided the City with several options,which includes the City selling the land, leasing the 31 land, deeding the land, and subdividing the land. 32 33 Ms. Kvilvang said that in review of these options, outstanding issues were identified and are 34 being analyzed by Ehlers and City Staff. These issues include the loss of profit from the liquor 35 store, closing of the Stonehouse,Fire station/Public Facility Development, Existing Bonds on 36 SAV H Liquor Store, and the City's General Fund. 37 38 Ms. Kvilvang gave a brief overview of the timeline and said the developer would submit plans in 39 the July to September timeframe. The financial arrangement would be approved in 40 September/October and construction could possibly begin in October. She noted that this was a 41 very flexible timeline. 42 43 Jim Winkles of Amcon Construction Company gave a brief overview of his company. He said 44 they have been around for 32 years and they actually have two separate companies. Amcon 45 Construction Company does between$50 and$90 million in private construction work and 46 Amcon CM does public work only. 47 Cify Council Regular Meeting Minutes February 11, 2003 Page 9 1 Mr. Winkles said three groups have already expressed interest in the site, none of which are 2 franchised. 3 4 Mr. Winkles discussed what the facility would look like from the outside. He said he understood 5 that a conventional strip mall was not desirable. 6 7 Mr. Winkles said the Development Agreement needs to be defined. He feels good about the 8 piece of property and said he's anxious to get moving. 9 10 Mr. Winkles welcomed any questions from the Council. 11 12 Councilmember Horst said as part of the proposal he would like to see the City get a long-term 13 lease on a liquor store. 14 15 Councilmember Sparks said she likes the plan and feels Amcon Construction did a good job 16 listening to the Council. 17 18 Mayor Hodson asked if there was any way to expedite the approximate six-month time schedule. 19 Mr. Winkles said it could probably be done in five months,or less, assuming the weather was 20 favorable. 21 22 Mayor Hodson asked if the easement has been checked into. Mr. Mornson said he was working 23 with Hennepin County to vacate that easement back to the City and doesn't see it becoming a 24 problem. 25 26 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 27 A. Ordinance 2003-002 re: Amend PUD ordinance U'reading.waive 2"d reading, adopt). 28 Mr. Mornson recommended waiving the first and second reading of the Ordinance and 29 approving it as a third reading. 30 31 Mr. Mornson stated a new PUD Ordinance was recreated,but the fee structure was not changed. 32 He said the current PUD application fee is$150.00 and it's being recommended to increase it to 33 $500.00 to be comparable to what other cities are charging. 34 35 Mr. Mornson said it has also been an administrative practice to pass on consultant fees 36 associated with a development to the developer. However, it has been recommended to add a 37 "pass through"amendment to the administrative section of the PUD ordinance. He said it will - 38 establish the City's authority to charge applicants for the costs that the city incurs in reviewing 39 applications. 40 41 Motion by Councilmember Faust to approve the third reading(first and second reading waived) 42 and adopt Ordinance 2003-002, re. Amend PUD Ordinance. 43 44 Motion carried unanimously. 45 City Council Regular Meeting Minutes February 11, 2003 Page 10 1 2 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 3 Mr. Mornson reported that Congressman Martin Sabo's office called to set up a meeting with 4 Staff regarding the Apache Plaza Project. He said this was a result of a previous meeting held 5 with Mr. Sabo. 6 7 Mr. Mornson reported that the Public Facility Study group meeting has,been revised. 8 9 Mr. Mornson said there will not be a City Council meeting on February 25, 2003. 10 11 Mr. Mornson noted the Volunteer.Appreciation Ice Cream Social will take place on May 1, 12 2003. 13 14 Mr. Mornson said the Employee Recognition will be revised. He said, going forward, 15 individuals will be recognized at a City Council meeting. 16 17 Mr. Mornson reported that the City's 2002 audit is underway. 18 19 Mr.Mornson said he's meeting with the Charitable Gambling Organization and Manger of the 20 Stonehouse. He will also be meeting with the shopping center tenants in the next two weeks 21 regarding the Stonehouse project. 22 23 Mr. Mornson gave an overview of the Silver Point Park building project. 24 25 Mr. Mornson gave an update on the fire truck purchase. 26 27 Councilmember Horst reported that he met with the Community Services Board to discuss 28 options for the next fiscal year. 29 30 Councilmember Sparks gave an update on the Parks Commission meeting. She said they 31 discussed the progress with Central Park and what remains to be done. She stated the Parks 32 Commission was receptive to going on cable. She said they like the idea of having more 33 lengthy/detailed minutes. 34 35 Councilmember Thuesen feels there are a lot of positive things going on despite the difficult 36 financial times. He noted that the Northwest Quadrant and Stonehouse projects are still moving 37 forward and it's exciting to see even in tough times positive results happen. 38 39 Councilmember Faust said he's very proud of what the Council and Staff accomplished at the 40 Goal Setting meeting. 41 42 Councilmember Faust attended the Sister City meeting on February 3, 2003. 43 44 Mayor Hodson said the Goal Setting meeting was outstanding and briefly reviewed what was 45 accomplished. 46 City Council Regular Meeting Minutes February 11,2003 Page 11 1 Mayor Hodson stated the City is ranked as having the eleventh highest taxes. However, after 2 looking at the statistics that go along with the ranking it's not as bad as it looks. 3 4 Mayor Hodson applauded City Staff for all their work. He stated there are a lot of things ahead, 5 but all the right things are being done now. 6 7 Mayor Hodson said the State of the City Ice Cream Social is May 1, 2003 and asked everyone to 8 put in on their calendar. 9 10 Mayor Hodson noted that coffee with the Mayor will be March 8, 2003 from 8:00-10:30 a.m. 11 12 IX. INFORMATION AND ANNOUNCEMENTS. 13 None. 14 15 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 16 None. 17 18 XI. ADJOURNMENT. 19 Motion by Councilmember Faust to adjourn the meeting at 9:03 p.m. 20 21 Motion carried unanimously. 22 23 Respectfully submitted, 24 25 26 Rebecca Roehl 27 TimeSaver OfJ'Site Secretarial, Inc. 28 29 Mayor 30 31 ATTEST: 32 City Clerk 33 34