HomeMy WebLinkAboutPL PACKET 04152003 Meeting Sheet
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Folder. PL PACKETS 2000-2004
Document: PL PACKET 04152003
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
APRIL 15, 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 March 18, 2003
7. COMMUNICATION WITH CITY COUNCIL
7.1 Designate a Planning Commission Member to the April 22, 2003 City Council Meeting
8. PUBLIC HEARINGS
8.1 Adoption of ordinances regulating pawnbrokers and secondhand dealers within the City
9. INFORMATION AND DISCUSSION
9.1 Discuss Potential Adult Day Care Amendment to Zoning Ordinance
9.2 Northwest Quadrant/Apache Redevelopment
10. ANNOUNCEMENTS
11. ADJOURNMENT
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 March 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 Commission and audience to join in the Pledge of Allegiance.
14
15 III. ROLL CALL.
16 Commissioners present: Chair Melsha; Commissioners Hanson, Stromgren, and Tillman.
17 Absent: Vice Chair Stille and Commissioners Hoska and Steeves.
18 Also present: Assistant City Manager Susan Hall.
19
20 IV. PUBLIC INPUT.
21 Hearing no comments, Chair Melsha moved forward with the agenda.
22
23 V. APPROVAL OF AGENDA.
24 Chair Melsha moved Item 7.1 to follow Item 8.3 on the agenda.
25
26 Motion by Commissioner Hanson, second by Commissioner Tillman, to approve the meeting
27 agenda with the noted change above.
28
29 Motion carried unanimously.
30
31 VI. MEETING MINUTES.
32 6.1 Review/Approval of the Planning Commission meeting minutes of February 18. 2003.
33 Motion by Commissioner Hanson, second by Chair Melsha,to approve the Planning
34 Commission meeting minutes of February 18, 2003 as presented.
35
36 Motion carried unanimously.
37
38 VIII. INFORMATION AND DISCUSSION.
39 8.1 Discuss Proposed Pawnbroker Ordinance.
40 Susan Hall explained that for the past couple of Planning Commission meetings, Commissioners
41 have discussed the proposed pawnbroker and second hand goods ordinances amongst themselves
42 and with Chris Smith of Dorsey and Whitney. Mr. Smith has made revisions to the proposed
43 ordinances, per the last conversation. The latest drafts have been provided to the Planning
44 Commission for their review.
45
46 Ms. Hall advised that Captain John Ohl of the St. Anthony Village Police Department has also
47 reviewed the ordinances and his comments have been incorporated into the latest draft.
48
Planning Commission Meeting Minutes
March 18, 2003
Page 2
1 Ms. Hall pointed out that there is nothing in the ordinance as to specific license fees, as this will
2 be incorporated into the list in Section 615 of the City Code. Thus, when the City Council passes
3 the pawnbroker ordinance, it will also need to amend Section 615. She also noted that there is
4 not any added security language in Section 566.12(L), relating to firearms and weapons, as they
5 are completely banned under the ordinance.
6
7 Ms. Hall explained that once the new ordinances are finalized, they will be forwarded to the City
8 Council for recommendation.
9
10 Chair Melsha asked for questions or comments from Police Captain Ohl. Police Captain Ohl
11 stated the potential for a pawnshop in the City of St. Anthony is a growing concern. He noted
12 this type of establishment requires more police activity than normal retail stores due to the risk
13 of stolen merchandise. Police Captain Ohl indicated the one-year moratorium has allowed the
14 City time to create an Ordinance to address these concerns.
15
16 Police Captain Ohl explained he felt the Ordinance was a workable document at this time and
17 may be revisited if an establishment were to attempt making St. Anthony its home. He noted he
18 has been working with the City of Minneapolis and thanked the Commission for their input to
19 . date.
20
21 Chair Melsha questioned if all concerns were being addressed by this Ordinance at this time.
22 Police Captain Ohl stated he feels all issues are addressed but noted it could be revisited if
23 application were made within the City.
24
25 Chair Melsha asked if the reimbursement and licensing fees were reasonable. Police Captain
26 Ohl stated he feels they were adequate at this time and noted it could be greater addressed and
27 monitored if a pawnshop were to locate within the City.
28
29 Discussion ensued regarding merchandise items that are exempt from concern versus items that
30 are listed as potential stolen goods.
31
32 Commissioner Hanson questioned the difference between a secondhand goods store versus a
33 pawnshop. Police Captain Ohl stated a pawnshop offers loans for merchandise at an interest rate
34 whereas a secondhand goods dealer would not offer any financial handouts for donations made.
35 He then reviewed the penalties and policies that occur when stolen goods are found within a
36 pawnbroker establishment.
37
38 Chair Melsha recommended the first Public Hearings be held in April of 2003 for the
39 Pawnbroker and Secondhand Goods Ordinances.
40
41 8.2 Discuss Potential Adult Day Care Amendment to Zoning Ordinance.
42 Susan Hall explained that in January, Health Care Plus, Inc. approached City staff and the City
43 Council requesting an amendment to the City's zoning code to allow adult day care in the
44 commercial zoning district. The City Council has referred the issue to the Planning Commission
45 for further study and consideration. Currently, day care for adults is not a permitted use in the
46 commercial zoning district,while day care for children is allowed.
47
Planning Commission Meeting Minutes
March 18, 2003
Page 3
1 Ms. Hall stated that staff has assembled information about some of the state statutes and rules as
2 well as what other cities have done related to adult day care. All in all, the State highly regulates
3 the area and it takes a license to operate an adult day care center. The City can take some
4 comfort in this. Ms. Hall noted that pertinent information related to the physical plant, space
5 requirements, building, and fire code for adult day care has been provided for the Planning
6 Commission's review.
7
8 Ms. Hall advised that some cities in the metro area have adopted amendments regarding adult
9 day care centers, which have been provided to the Planning Commission. In most cases, an
10 application is pulled for a.conditional use permit. Under a conditional use permit scenario, a city
11 can look at the conditions on a case-by-case scenario.
12
13 In summary,Ms. Hall presented the following parameters that cities consider as follows:
14 • Adult Day Care Center is defined(i.e. Golden Valley).
15 • Parking requirements(i.e. New Hope).
16 • Specific loading/drop off requirements (i.e. New Hope).
17 • Adequate site circulation.
18 • Set hours of operation(i.e. 8 a.m.—5 p.m. Monday—Friday).
19 • How many are served at the location(i.e. 12 or fewer, Shakopee).
20 • The total usable indoor space available for participants must equal to at least so many square feet
21 for each day care participant and each staff member(i.e. Shakopee).
22 • Outdoor recreation area required (i.e. New Hope). Outdoor leisure/recreation areas located and
23 designated to minimize visual and noise impacts on adjacent areas (i.e. Shakopee).
24 • Comply with all other.State licensing requirements.
25 • Some cities allow adult day care centers in other various districts (i.e. Shakopee, Golden Valley).
26 Golden Valley allows adult day care in the commercial, light
27 industrial, industrial,business and professional offices, and institutional zoning districts.
28
29 Ms. Hall advised that staff contacted the City of Golden Valley, which has a conditional use
30 permit process. She noted the copy of a conditional use permit that had been issued for an adult
31 day care in the industrial zoning district. In addition, City staff has learned from talking with the
32 Department of Human Services that non-residential zoning seems to be the best fit for the adult
33 day care use.
34
35 Ms. Hall noted that another City that staff contacted, the City of Eagan, has a freestanding adult
36 day care center. However, Eagan has not made any zoning changes for this. Eagan staff said a
37 couple of years ago an adult day care center went into a larger office building. The adult day care
38 center encompasses 1,000 square feet. Their hours of operation are from 8 a.m. until 5 p.m. They
39 have 18-20 participants on a given day. They don't offer specialized care or treatments, but
40 rather, it's more of a gathering place. The City of Eagan staff said the space is compatible with
41 the use of adult day care as far as the City is concerned.
42
43 Ms. Hall explained that in the end, the City Council will look for a recommendation from the
44 Planning Commission on the issue of whether the adult day care use should be permitted, or not,
45 and just in the commercial zoning district.
46
Planning Commission Meeting Minutes
March 18, 2003
Page 4
1 Chair Melsha stated with the State requirements the City is left to regulate only a few things.
2 Ms. Hall indicated this was correct and stated the Commission would need to address what
3 zoning district an adult daycare facility would be allowed as well as some parameters in the
4 zoning district.
5
6 Commissioner Tillman stated she felt an adult daycare should be dealt with the same way as a
7 children's daycare facility. Chair Melsha indicated he felt many of the State requirements would
8 address the differences between an adult daycare versus a child daycare facility.
9
10 Commissioner Stromgren explained he felt the City of Golden Valley's Ordinance was the most
11 straight forward for the City to address and adopt. Chair Melsha agreed stating this was the most
12 simple Ordinance to proceed with.
13
14 Commissioner Tillman stated she felt the child daycare Ordinance could be used and just altered
15 to read adult daycare. Chair Melsha noted he would like to see the Commission greater address
16 the loading and parking issues as they would differ from a child daycare center.
17
18 Commissioner Tillman asked if any concerns were raised about having an adult daycare as a
19 permitted use. Ms. Hall indicated she has not heard anything to date.
20
21 Chair Melsha asked what the Commission needed to do tonight. Ms. Hall noted this Ordinance
22 was up for discussion at this time and indicated the Commissioners needed to decide if this use
23 was a conditional or permitted use.
24
25 Chair Melsha suggested this item be discussed in greater detail at the April meeting because
26 three members from the Commission were absent.
27
28 VII. COMMUNICATION WITH CITY COUNCIL.
29
30 7.1 Designate a Planning Commission member to the City Council regular meeting of
31 March 25, 2003.
32 Chair Melsha indicated that Commissioner Tillman was available to attend the next City Council
33 meeting on March 25, 2003.
34
35 IX. ANNOUNCEMENTS.
36 Commissioner Hanson indicated on that on March 19, 2003, Village Blend would be opening at
37 Apache Plaza.
38
39 Ms. Hall handed out.a Government Training Workshop schedule for the Commissioners to
40 review. She asked that any Commissioners who were interested in attending the workshops to
41 contact her so she could get them signed up.
42
43 Ms. Hall updated the Planning Commission on the Apache Plaza redevelopment process. She
44 noted there was an informational stakeholder meeting on March 27, 2003 from 2:00 p.m. to 4:00
45 p.m.
46
Planning Commission Meeting Minutes
March 18, 2003
Page 5
1 Commissioner Hanson asked if the City received any feedback from the article in the paper
2 regarding the redevelopment. Ms. Hall indicated there was a lot of positive feedback from the
3 article and stated staff was pleased with how the article turned out.
4
5 X. ADJOURNMENT.
6 Motion by Commissioner Hanson, second by Commissioner Stromgren,to adjourn the meeting
7 at 7:45 p.m.
8
9 Motion carried unanimously.
10
11
12 Respectfully submitted,
13
14
15
16 Heidi Guenther
17 Timesaver Off Site Secretarial,Ina
18
MEMORANDUM
DATE: 4/8/03 MEETING DATE: 4/15/03
TO: Chair Melsha & Planning Commission Members
FROM: Susan M.H. Hall, Assistant City Manager
SUBJECT: Public Hearing on Secondhand Dealers and Pawnbrokers
Ordinances
Background:
Over the past several months, Planning Commissioners have studied and discussed the
newly drafted attached secondhand dealers and pawnbrokers ordinances. In March,
Commissioners decided that the ordinances are in final form and ready for public
hearing/City Council recommendation.
Most ordinances do not require a public hearing. Thus, a public hearing is not required
prior to the passage of the pawnbroker and secondhand dealer ordinances. However, a
city may choose to have a public hearing, upon whatever notice the city deems
appropriate. In this case, the City is holding a public hearing as a courtesy.
A public hearing will be necessary next month at the Planning Commission level to
amend the City's Zoning Code to allow for pawnbrokers and secondhand dealers to
operate as a conditional use in commercial districts within the City. It is necessary
because, for example, you would not pass an ordinance allowing pawnbrokers as a
conditional use without guidelines in place in Section 566 to regulate pawnbrokers.
Requested Action:
Staff recommends two actions: (1) The Planning Commission should take public
comment on the subject ordinances and then refer them onto the City Council as
recommended adoption; and (2) The Planning Commission should call for a public
hearing on May 20, to amend the City's Zoning Code to allow for pawnbrokers and
secondhand dealers to operate as a conditional use in commercial districts. The
recommended ordinances and Zoning Code amendment will be considered by the City
Council on May 27.
Attachments:
• Pawnbroker Ordinance
• Secondhand Dealers Ordinance
• Zoning Code Amendment
PUBLIC HEARING DRAFT (4-15-03)
CITY OF ST.ANTHONY, MINNESOTA
ORDINANCE RELATING TO THE REGULATION OF SECONDHAND
DEALERS; REPEALING CURRENT SECTION 565 OF THE ST. ANTHONY
CITY CODE AND ADDING A NEW SECTION 565 TO THE CITY CODE
ORDINANCE NO.
Section 565—Secondhand Dealers
The City Council of the City of St.Anthony hereby ordains:
Section 565 of the St.Anthony City Code is repealed and shall be replaced by a new
Section 565 as follows:
565.01. Findings and Purpose Statement.
The City Council finds (i) that secondhand dealers may knowingly or unknowingly be a
conduit for the sale or purchase of stolen property; (ii) secondhand dealers should be regulated
by requiring a license issued by the City; and(iii) licenses for should be denied, suspended, or
revoked when the conduct of such business presents a threat to the peace, health, or safety of the
people of the City. The purpose of this Section is to provide for the peace, health, and safety of
citizens of the City by regulating secondhand dealers.
565.02. Definitions.
The following words and terms when used in this Section shall have the following
meanings unless the context clearly indicates otherwise:
AUCTION HOUSE: Auction house dealer shall mean any secondhand dealer where
some, or all, of the secondhand merchandise is offered for sale for
the highest bid or offer tendered. If the sale is conducted by means
of an auction, the auctioneer must be properly licensed and bonded
in accordance with applicable laws.
BILLABLE Every reportable transaction conducted by a secondhand
TRANSACTION: dealer, regardless of the number of items received in that
transaction.
BUSINESS MANAGER: Business manager shall mean a person(s) designated by the
licensee to operate a business in the licensee's absence. A licensee .
must designate a manager to operate the licensed business if the
licensee does not personally provide on-site supervisory services at
the business at least sixty-four(64) hours per month.
CITY: The City of St. Anthony, Minnesota.
CONSIGNMENT: A written agreement between a licensee and a seller that enables
the licensee to take temporary possession of secondhand property,
owned by the seller, for the purpose of offering it for sale to the
public.An agreement shall state the terms under which the seller
will be compensated, and the amount of that compensation.
DEALER: Any natural person, partnership or corporation, either as principal
or agent or employee thereof, licensed under this Section.
PRECIOUS GEM: Precious gems shall mean any gem that is valued for its character,
rarity, beauty or quality, including diamonds, rubies, emeralds,
sapphires or pearls, or any other such precious gems or stones,
whether as a separate item or in combination as a piece of jewelry
or other crafted item.
PRECIOUS METALS: Precious metals shall mean gold, silver,platinum, and sterling
silver, whether as a separate item or in combination as a piece of
jewelry or other crafted item, except items plated with precious
metal(s) and the plating equals less than one (1) percent of the
items total weight.
RECEIVE: To purchase, accept for sale on consignment, broker, or receive in
trade for an item of equal or lesser value, any tangible personal
property previously owned, used, rented or leased.
RECORDABLE Every transaction conducted by a secondhand dealer in which
TRANSACTION: merchandise defined in Section 565.13 is received, offered for
sale, or intended for sale, whether inside or outside the City of St.
Anthony.
REPORTABLE Every transaction conducted by a secondhand dealer, inside the
TRANSACTION City of St.Anthony, in which merchandise defined in Section
565.14(A) is received, and for which a daily report to the police
department is required.
SECONDHAND DEALER: Any natural person, partnership or corporation, either as principal
or agent or employee thereof, whose regular business includes
selling or receiving tangible personal properties, excluding motor
vehicles, previously owned, used, rented or leased. The term
secondhand dealer shall include auction house dealers.
2
UNIQUE IDENTIFIER: A serial number, identification number, model number, owner
applied identifier or engraving, "operation ID" number or symbol,
or other unique marking.
565.03. License required.
No person shall engage in the business of secondhand dealer without a secondhand dealer
license. No secondhand dealer license may be transferred to a different location or a different
person. Licenses shall be conspicuously displayed. Issuance of a license under this Section shall
not relieve the dealer from obtaining any other licenses required to conduct business at the same
or any other locations. Persons engaged in the business of a secondhand dealer on the effective
date of this Section must receive a license within sixty(60) days or cease doing business.
565.04. Exceptions.
The following transactions shall not require a license under this Section:
A. The sale of secondhand goods at events commonly known as "garage sales,"
"yard sales" or "estate sales" where all of the following are present:
(1) The sale is held on property occupied as a dwelling by the seller or owned,
rented or leased by a charitable or political organization.
(2) The occupant owns the items offered for sale and that none of the items
offered for sale shall have been purchased for resale or received on
consignment for purpose of resale.
(3) The owner of the property conducts the sale and receives all proceeds
from the sale.
(4) That no sale exceeds a period of seventy-two (72) consecutive hours. That
no more than four (4) sales are held in'any twelve (12) month period at
any residential dwelling.
B. The sale or receipt of secondhand books, magazines,post cards,postage stamps,
philatelic material, video recordings (including digital video discs and video tapes), and audio
recordings (including compact discs, long-play albums and cassette tapes.)
C. The sale or receipt of used merchandise donated to recognized non-profit
organizations and for which no compensation is paid.
D. Transactions conducted by a pawnbroker licensed under Section 566 of the St.
Anthony City Code.
3
565.05. Application Content.
In addition to any information that may be required by the County pursuant to Minnesota
Statutes, Section 471.924,every application for a license under this Section shall be made on a form
supplied by the City and shall contain the following information:
A. If the applicant is a natural person:
(1) The name,place, and date of birth, street resident address, and telephone
number of the applicant;
(2) Whether the applicant is a citizen of the United States or a resident alien;
(3) Whether the applicant has ever used or has been known by a name other than
the applicant's name, and if so,the name or names used and information
concerning dates and places where used;
(4) The name of the business if it is to be conducted under a designation,name,
or style other than the name of the applicant and a certified copy of the
certificate as required by Minnesota Statutes, Section 333.01;
(5) The street addresses at which the applicant has lived during the preceding
five(5)years;
(6) The type, name, and location of every business or occupation in which the
applicant has been engaged during the preceding five (5) years and the
name(s) and address(es)of the applicant's employer(s) and partner(s), if any,
for the preceding five (5)years;
(7) Whether the applicant has ever been convicted of a felony,crime, or
violation of any ordinance other than a traffic ordinance. If so,the applicant
shall furnish information as to the time,place, and offense for which
convictions were had;
(8) The physical description of the applicant;
(9) If the applicant is married:
(a) The name,place, and date of birth, and street address of the
applicant's current spouse;
(b) The type,name, and location of every business or occupation in
which the applicant's current spouse has been engaged during the
preceding five(5)years;
4
(c) The names and addresses of the employers or partners of the
applicant's current spouse for the preceding five(5)years;
(d) Whether the applicant's current spouse has ever been convicted of
any felony, crime, or violation of any ordinance other than a traffic
ordinance. If so, the applicant shall furnish information as to the
time,place, and offense for which convictions were had.
B. If the applicant is a partnership:
(1) The name(s)and address(es)of all general and limited partners and all
information concerning each general partner required in subpart(A) of this
subsection;
(2) The name(s) of managing partner(s)and the interest of each partner in the
secondhand goods business;
(3) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, Section 333.01, a certified copy of
such certificate shall be attached to the application.
C. If the applicant is a corporation or other organization:
(1) The name of the corporation or business form,and if incorporated,the state
of incorporation;
(2) A true copy of the Certificate of Incorporation,Articles of Incorporation, or
Association Agreement, and By-laws shall be attached to the application. If
the applicant is a foreign corporation, a Certificate of Authority as required
by Minnesota Statutes, Section 303.06, shall be attached;
(3) The name of the manager(s),proprietor(s), or other agent(s) in charge of the
business and all information concerning each manager,proprietor, or agent
required in subpart(A) of this subsection;
(4) A list of all persons who control or own an interest in excess of five percent
(5%) in such organization or business form or who are officers of the
corporation or business form and all information concerning said persons
required in subpart(A) above.
D. For all applicants:
(1) Whether the applicant holds a current secondhand dealers or pawnbrokers
license from any other governmental unit and whether the applicant is
licensed under Minnesota Statutes, Section 471.924;
5
(2) Whether the applicant has previously been denied or had revoked or
suspended, a secondhand dealers license from this or any other governmental
unit;
(3) The names, street resident addresses,business addresses and telephone
numbers of three (3) individuals who are of good moral character and who
are not related to the applicant or not holding any ownership in the premises
or business, who may be referred to as to the applicant's and or manager's
character;
(4) The location of the business premises;
(5) The legal description of the premises to be licensed;
(6) The location at which the applicant's business records are maintained;
(7) If the applicant does not own the licensed premises, a true and complete
copy of the executed lease;
(8) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid,the years and
amounts that are unpaid;
(9) Whenever the application is for premises either planned or under
construction or undergoing substantial alteration,the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans or design are on file with the
City Building/Inspections Department, no plans need be submitted with
application;
(10) The applicants hours of operation, on-site management and parking
facilities;
(11) An executed data practices advisory and consent form authorizing the release
of criminal history information;
(12) Such other information as the City Council may require.
E. Manager/New Manager. When a dealer places a manager in charge of a business,
or if the named manager(s) in charge of a licensed business changes,the dealer must complete
and submit the appropriate application prior to the effective date or the change. The manager
shall be subject to the investigation required by this Section, and to the investigation fee required
by Section 615, which shall be paid in advance.
6
The designation of a new manager shall not cause the license to become invalid before a
decision is rendered,provided proper notice and application are made by the applicant. A proposed
new manager shall be referred to as the interim manager. In the event an interim manager is
rejected,the licensee shall designate another interim manager and make the required application
within fifteen(15) days of the decision. If a proposed manager is rejected,the decision maybe
appealed to the City Council by filing a written notice of appeal with the City Clerk within ten(10)
days after being notified of the rejection.
565.06. Application Execution.
All applications for a license under this Section shall be signed and sworn to. If the
application is that of a natural person,it shall be signed and sworn to by such person; if that of a
corporation,by an officer thereof; if that of a partnership,by one of the general partners; and if that
of an unincorporated association,by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
565.07. Application Verification.
All applications shall be referred to the Police Department for verification and investigation
of the facts set forth in the application. Within sixty(60)days after receipt of a complete
application,the Police Department shall make a written report and recommendation to the City
Council as to issuance or non-issuance of the license. The City Council may order and conduct
such additional investigation as it deems necessary. If additional investigation is necessary,the
applicant shall pay the City the cost of the additional investigation. The license shall not be issued
until any additional investigation costs are paid.
565.08. Application Consideration.
A. The City Council shall conduct a hearing on the license application within thirty(3 0)
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(5 00)
feet of the boundaries of the property where the business is to be conducted. At the hearing,
opportunity shall be given to any person to be heard for or against the granting of the license.
Additional hearings on the application may be held if the City Council deems additional hearings
necessary. After the hearing or hearings on the application,the City Council may, in its discretion,
grant or deny the application within thirty(30) days after the close of the hearing..
B. If an application is granted for a location where a building is under construction or
not ready for occupancy,the license shall not be delivered to the licensee until a certificate of
occupancy has been issued for the licensed premises.
7
565.09. Renewal Application.
A. All licenses issued under this Section shall be effective from the date of approval by
the City Council. All licenses expire at midnight on December 31 of each year. An application for
the renewal of an existing license shall be made prior to the expiration date of the license and shall
be made in such form as the City requires. The application shall state that the information in the
prior application remains true and correct, except as otherwise indicated. If, in the judgment of the
City Council, good and sufficient cause is shown by the applicant for the applicant's failure to
submit a renewal application before the expiration of the existing license,the City Council may, if
the other provisions of this Section are complied with, grant the renewal application.
B. A license under this Section may not be renewed:
(1) If the City Council determines that the licensee has failed to comply with the
provisions of this Section in preceding license years; or
(2) If the licensee or, if the licensee does not manage the establishment,the
manager of the licensed premises is not a resident of Minnesota on the date
the renewal takes effect; or
(3) If in the case of a partnership,the managing partner or other person who
manages the establishment is not a resident of Minnesota on the date the
renewal takes effect; or
(4) If in the case of a corporation,or other organization,the manager,a
proprietor, or agent in charge of the establishment is not a resident of
Minnesota on the date the renewal takes effect.
The time for establishing residence in Minnesota may for good cause be extended by
the City Council.
565.10. Fees.
A. Investigation Fee. An applicant for any license under this Section shall pay the City
in advance at the time an original application is submitted, a nonrefundable investigation fee to
cover the costs involved in verifying the license application and to cover the expense of any
investigation needed to assure compliance with this Section. The investigation fee is set forth in
Section 615.
B. License Fee.
(1) The annual license fee is set forth in Section 615. The license fee shall be
paid annually, to be determined pro-rata from the date of issuance of the
license.
(2) The annual license fee shall be paid in full before the license is effective.
8
(3) When the license is for premises where the building is not ready for
occupancy,the time fixed for computation of the license fee for the initial
license period shall be ninety(90) days after approval of the license by the
City Council or upon the date the building is ready for occupancy, whichever
is sooner.
(4) When a new license application is submitted as a result of incorporation by
an existing licensee and the ownership, control, and interest in the license are
unchanged,no additional fee shall be required.
C. Billable Transaction Fees: Licensees shall pay a monthly transaction fee on all
billable transactions. Such fee shall be due and payable within thirty(30) days. Failure to timely
pay the billable transaction fee shall constitute a violation of this Section. The billable transaction
license fee shall reflect the cost of processing transactions and other related regulatory expenses as
determined by the city council, and shall be reviewed and adjusted, if necessary, every twelve(12)
months. Dealers shall be notified in writing thirty(30) days before any adjustment is implemented.
The initial billable transaction fee for billable tr ansaction 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 Inelizible for a License.
A. No license under this Section shall be issued to an applicant who is a natural person
if:
(1) The applicant is a minor at the time the application is filed; or
(2) The applicant has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes, Section 364.03,
subdivision 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as
prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health, building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
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(7) The applicant is not a citizen of the United States or a resident alien, or upon
whom it is impractical or impossible to conduct a background or financial
investigation due to the unavailability of information; or
(8) The applicant has committed fraud,misrepresentation, or bribery in securing
a license; or
(9) The applicant has committed fraud,misrepresentation or made false
statements in the application and investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety, of the public; or
(11) The applicant has violated within the preceding five(5)years, of any law
relating to theft, damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. No license under this Section shall be issued to an applicant that is a partnership if:
(1) Any general partner or managing partner of such applicant is a minor at the
time the application is filed; or
(2) Any general partner or managing partner of such applicant has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2;and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code;or
(4) The proposed use does not comply with any health, building, building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any general partner or managing partner of such applicant is not a citizen of
the United States or a resident alien, or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
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(8) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation,or bribery in securing a license; or
(9) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety, of the public; or
(11) Any general partner or managing partner of such applicant has violated
within the preceding five(5) years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance, or operation of a
business.
C. No license under this Section shall be issued to an applicant that is a corporation or
other organization if.
(1) Any manager,proprietor, or agent in charge of the business to be licensed
is a minor at the time the application is filed; or
(2) Any manager,proprietor, or agent in charge of the business has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building, building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any manager,proprietor, or agent in charge of the business is not a citizen of
the United States or a resident alien,or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
(8) Any manager,proprietor, or agent in charge of the business has committed
fraud, misrepresentation,or bribery in securing a license; or
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(9) Any manager,proprietor,or agent in charge of the business has committed
fraud,misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct,deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) Any manager, proprietor,or agent in charge of the business has violated
within the preceding five(5)years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance, or operation of a
business.
565.12. Bond Required.
At the time of filing an application for a license, the applicant shall file a bond in the
amount of Five Thousand Dollars ($5,000.00)with the City. The bond, with a duly licensed
surety company as surety thereon, must be approved as to form by the City Attorney. The bond
must be conditioned that the licensee shall observe all ordinances of the City and all laws in
regulation to the business of secondhand dealers, and that the licensee will account for and
deliver to any person legally entitled thereto any articles which may have come into the
possession of the licensee as a secondhand dealer, or in lieu thereof such licensee shall pay the
person or persons the reasonable value thereof. The bond shall contain a provision that it may
not be cancelled without thirty(30) days advance written notice to the City.
565.13. Records Required.
A. Exempt Transactions. The following items,when received by a dealer, are exempt
from recording and reporting requirements in this Section,regardless of the purchase price paid by
the dealer, asking price if consigned or brokered,or value attributed to it if accepted in trade:
(1) The receipt of new or used merchandise from a merchant,manufacturer or
wholesaler having an established permanent place of business,and the retail
sale of said merchandise,provided the secondhand dealer must maintain a
record of all such transactions which describes each item, and must identify
such items in a manner which relates them to that transaction record. Any
identification code used by the dealer must be provided to the Chief of
Police, or the chief s designee upon request.
(2) The sale or receipt of secondhand household kitchen and laundry appliances.
(3) The sale or receipt of secondhand furniture, excluding audio,video and other
electronic devices.
(4) The sale or receipt of secondhand cookware, glassware and eating utensils
that do not contain precious metals.
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(5) The sale or receipt of secondhand clothing and shoes.
(6) The sale or receipt of secondhand infant's,toddler's or children's clothing,
appliances, furniture, or safety devices.
B. Recordable Transactions. Every dealer, at the time of receipt of any item which has a
unique identifier, or is or contains precious metals or gems,regardless of the purchase price, asking
price if consigned or brokered, or value attributed to it if accepted in trade,or any other item for
which the dealer paid fifteen dollars ($15.00) or more,by check or other consideration, or which the
dealer intends to offer for sale, or broker,for thirty dollars($30.00)or more, and which is not
exempted in subsection 565.13(A) shall immediately and legibly record,using the English
language, in ink or other indelible medium in a book, on forms, or in a computerized record
approved by the Chief of Police, or the chief s designee, the following information:
(1) A complete and accurate description of each item including,but not limited
to, any trademark,identification number, serial number,model number,
brand name, or other identifying mark on such an item.
(2) The purchase price, asking price if consigned, or value attributed to item if
accepted in trade, for each item received.
(3) Date and time the dealer received the item of property.
(4) Full name, residence address,residence telephone number, date of birth, and
accurate description of the person from whom the item of property was
received, including: sex,height,weight,race, color of eyes and color of hair.
(5) The identification number and state of issue from any of the following forms
of identification presented by the seller:
(a) Current valid Minnesota driver's license.
(b) - Current valid Minnesota identification card.
(c) Current valid photo driver's license or photo identification card
issued by another state or province of Canada.
(6) The signature of the person identified in the transaction.
C. Inspection of Records. The records must at all reasonable times be open to
inspection by the Police Department or department of licenses and consumer services. Records
of all transactions shall be retained for at least three (3) years from the date of transaction.
565.14. Daily Reports to Police.
A. Reportable Transactions. Except for items received through consignment, or for
which payment in full is made with a credit or voucher redeemable for merchandise from the
dealer, every dealer shall report daily, to the Police Department, any recordable transaction in
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which one (1) or more of the following items is received, regardless of the purchase price, asking
price if consigned or brokered, or value attributed to it if accepted in trade:
(1) Any item with a unique identifier.
(2) Items containing precious metals.
(3) Items containing precious gems.
(4) Any of the following items for which the dealer paid twenty-five dollars
($25.00) or more, in cash or other consideration, or which the dealer
intends to offer for sale, or broker, for'fifty dollars ($50.00) or more.
(a) Electronic audio equipment.
(b) Electronic video equipment.
(c) Musical instruments.
(d) Photographic and optical equipment.
(e) Electronic office equipment.
(f) Computers, monitors, printers, scanners and computer hardware.
(g) Cellular telephones and pagers.
(h) Outboard motors, inboard drives, and powered golf carts.
(i) Electric and gas powered yard or garden equipment and tools.
(j) Electric,pneumatic or hydraulic powered construction or
mechanic's equipment or tools.
(k) Other items that are commonly considered "collectibles."
(5) Sporting equipment for which the secondhand dealer paid one hundred
dollars ($100.00) or more, in cash or other consideration, or which the
secondhand dealer intends to offer for sale, or broker, for two hundred
dollars ($200.00) or more.
(6) Architectural elements, lighting fixtures or lamps, limited to those which
the secondhand dealer paid one hundred fifty dollars ($150.00) or more, in
cash or other consideration, or which the secondhand dealer intends to
offer for sale, or broker, for three hundred dollars ($300.00) or more.
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(7) Artist signed or artist attributed works of art, other than architectural
elements, lighting fixtures or lamps, limited to those for which the
secondhand dealer paid two hundred fifty dollars ($250.00) or more, in
cash or other consideration, or which the secondhand dealer intends to
offer for sale, or broker, for five hundred dollars ($500.00) or more.
B. Method. Dealers must provide to the Police Department the information required
in subsection 565.13(B)(1) through (6), in writing, on forms approved by the Chief of Police, or
the 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.
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565.18. Police Order to Hold Property.
A. Investigative Hold. Whenever a law enforcement official from any agency
notifies a dealer not to sell an item, the item must not be sold or removed from the premises. The
investigative hold shall be confirmed in writing by the originating agency within seventy-two
(72) hours and will remain in effect for fifteen(15) days from the date of initial notification, or
until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to
subsection 565.18(B), whichever comes first.
B. Order to Hold. Whenever the Chief of Police or the chief s designee notifies a
dealer not to sell an item, the item must not be sold or removed from the licensed premises until
authorized to be released by the Chief of Police or the chief s designee. The order to hold shall
expire ninety (90) days from the date it is placed unless the Chief of Police or the chief s
designee determines the hold is still necessary and notifies the dealer in writing.
C. Order to Confiscate. If an item is identified as stolen or evidence in a criminal
case, the Chief of Police or the chiefs designee may:
(1) Physically confiscate and remove it from the dealer's premises, pursuant
to a written order from the Chief of Police or the chiefs designee, or
(2) Place the item on hold or extend the hold as provided in subsection
565.18(B), and leave it in the dealer's premises.
When an item is confiscated,the person doing so shall provide identification upon
request of the dealer, and shall provide the dealer the name and phone number of the confiscating
agency and investigator, and the case number related to the confiscation. When an order to
hold/confiscate is no longer necessary, the Chief of Police or the chief s designee shall so notify
the dealer.
565.19. Inspection of Forms.
The licensee must allow the Chief of Police of the chief's designee to enter the premises
where the licensed business is located or business records are maintained, including all off-site
storage facilities as authorized in subsection 565.22(E), during normal business hours, except in
an emergency, for the purpose of inspecting such premises and inspecting the items, ware and
merchandise and records therein to verify compliance with this Section or other applicable laws.
565.20. Label Required.
Dealers must attach a label to every item, for which a report to the Police Department is
required in subsection 565.14, at the time it is received in inventory. Permanently recorded on
this label must be the number or name that identifies the transaction in the dealer's records, the
name of the item, and the date the item can be sold. Labels shall not be re-used.
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565.21. Prohibited Acts.
The following acts are prohibited under this Section:
A. No person under the age of eighteen (18) years may sell or consign, or attempt to
sell or consign, any goods with any dealer, nor may any dealer receive any goods from a person
under the age of eighteen (18) years.
B. No dealer may receive any goods from a person of unsound mind or an
intoxicated person.
C. No dealer may receive any goods unless the seller presents one of the following
forms of identification:
(1) Current valid Minnesota driver's license.
(2) Current valid Minnesota identification card.
(3) Current valid photo driver's license or photo identification card issued by
another state or province of Canada.
D. No dealer may receive any item of property that possesses an altered or
obliterated serial number or "operation identification" number, or any item of property that has
had its serial number removed.
565.22. General License Restrictions.
A. Firearms and Weapons. A secondhand dealer shall not receive, display or sell any
merchandise consisting of a revolver, pistol, shotgun, automatic rifle, semiautomatic military-
style assault weapon (as defined by Minnesota Statutes, Section 624.712), switchblade knife, or
other similar weapons or firearms.
B. Responsibility of Licensee. A licensee under this Section shall be responsible for
the conduct of the business being operated and shall maintain conditions of order. The conduct of
agents or employees of a licensee, engaged in performance of duties for the licensee, shall be
deemed the conduct of the licensee.
C. Gambling. No licensee under this Section may keep,possess, or operate, or permit
the keeping,possession, or operation on the licensed premises of dice, slot machines,roulette .
wheels,punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or
tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes, Chapter 349, may be kept or operated and no raffles may be
conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may
take place on the licensed premises as authorized by the director of the lottery pursuant to
Minnesota Statutes, Chapter 349A.
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D. Penalty for Property Owner. It is unlawful for any person who owns or controls
real property to knowingly permit it to be used for the sale of secondhand goods without a
license.
E. Premises. All property held for sale must be stored in an enclosed facility and may
not be stored outside of the premises. The Chief of Police or the chief's designee may,however,
upon written request, approve an off-site locked and secured storage facility. The dealer shall permit
immediate inspection of the facility by the Chief of Police or the Chief's designee at any time
during business hours. All provisions of this Section regarding record keeping and reporting apply
to the facility and its contents. All property shall be stored in compliance with zoning and/or fire
regulations and in an orderly manner. The premises shall also be equipped with an operational
security alarm.
565.23. Suspension or Revocation of License.
A. The City Council may suspend or revoke a license issued under this Section upon a
finding of a violation of:
(1) Any of the provisions of this Section;
(2) Any state statute regulating secondhand dealers;
(3) Any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2;
(4) Fraud, misrepresentation, or bribery in renewing a license;
(5) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety, of the public; or
(6) Any law relating to theft,damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. A revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a public hearing. The written notice shall give at least ten (10) days'
notice of the time and place of the hearing and shall state the nature of the charges against the
secondhand dealer. The notice may be served upon the secondhand dealer personally or by
United States mail addressed to the most recent address of the business in the license application.
565.24. Penal .
Violation of any provision of this Section shall be a misdemeanor.
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565.25. Severability.
Should any provision of this Section be declared by a court of competent jurisdiction to
be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other
than the part declared invalid. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
This Ordinance shall be in full force and effect upon passage by the City Council and
publication of the Ordinance or a summary thereof in the City's official newspaper.
Adopted this day of , 2003.
Mayor
Attest:
City Clerk
Passage by City Council:
Publication in St. Anthony Bulletin:
19
PUBLIC HEARING DRAFT (4-15-03)
CITY OF ST.ANTHONY,MINNESOTA
ORDINANCE RELATING TO THE REGULATION OF PAWNBROKERS;
ADDING SECTION 566 TO THE ST.ANTHONY CITY CODE
ORDINANCE NO.
Section 566—Pawnbrokers
The City Council of the City of St.Anthony hereby ordains:
566.01. Findings and Purpose Statement.
A. Findings. The City Council makes the following findings regarding the need to
regulate pawnbrokers operating with the City:
(1) Pawnbrokers provide an opportunity for the commission of crime and the
concealment of crime, because pawnshops have the ability to receive and
transfer stolen property easily and quickly; and
(2) The pawn industry has outgrown the City's current ability to effectively and
efficiently identify criminal activity related to pawnbrokers and pawn
businesses. The adoption of an Automated Pawn System(APS) will allow
law enforcement officials to timely collect and share pawn transaction
information more efficiently; and
(3) Consumer protection regulation of pawn transactions is warranted in light
of the potential for abuse.
B. Purpose Statement. The City Council enacts this Section of the City Code in
order to further the following objectives:
(1) The prevention of pawnshops from being used as facilities for the
commission of crime; and
(2) The identification of criminal activities through timely collection and
sharing of pawn transaction information; and
(3) The promulgation of consumer protection standards to be adhered to by
the pawn industry; and
(4) The protection of the public health, safety, and general welfare of the
citizens of the City.
566.02. 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.
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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;
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(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(5 00)
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 paye 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
i£
(1) The applicant is a minor at the time the application is filed; or
(2) The applicant has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes, Section 364.03,
subdivision 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as
prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
9
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) The applicant is not a citizen of the United States or a resident alien, or upon
whom it is impractical or impossible to conduct a background or financial
investigation due to the unavailability of information; or
(8) The applicant has committed fraud,misrepresentation, or bribery in securing
a license; or
(9) The applicant has committed fraud,misrepresentation or made false
statements in the application and investigation for the applicant's business; or
(10) Business practices, or conduct,deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) The applicant has violated within the preceding five(5) years, of any law
relating to theft, damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. No license under this Section shall be issued to an applicant that is a partnership if-
(1) Any general partner or managing partner of such applicant is a minor at the
time the application is filed; or
(2) Any general partner or managing partner of such applicant has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health, building,building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any general partner or managing partner of such applicant is not a citizen of
the United States or a resident alien, or upon whom it is impractical or
10
impossible to conduct a background or financial investigation due to the
unavailability of information; or
(8) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation, or bribery in securing a license; or
(9) Any general partner or managing partner of such applicant has committed
fraud,misrepresentation or made false statements in the application and
investigation for the applicant's business; or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests,or safety, of the public; or
(11) Any general partner or managing partner of such applicant has violated
within the preceding five(5)years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance, or operation of a
business.
C. No license under this Section shall be issued to an applicant that is a corporation or
other organization if:
(1) Any manager,proprietor, or agent in charge of the business to be licensed
is a minor at the time the application is filed; or
(2) Any manager,proprietor, or agent in charge of the business has been
convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a pawnbroker as prescribed by Minnesota Statutes,
Section 364.03, subdivision 3; or
(3) The proposed use does not comply with the St. Anthony Zoning Code; or
(4) The proposed use does not comply with any health,building, building
maintenance or other provisions of the City Code or state law; or
(5) The owner of the premises'licensed or to be licensed would not qualify for a
license under the terms of this chapter; or
(6) The applicant has failed to comply with one or more provisions of this
Section; or
(7) Any manager,proprietor, or agent in charge of the business is not a citizen of
the United.States or a resident alien, or upon whom it is impractical or
impossible to conduct a background or financial investigation due to the
unavailability of information; or
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(8) Any manager,proprietor,or agent in charge of the business has committed
fraud,misrepresentation,or bribery in securing a license; or
(9) Any manager,proprietor,or agent in charge of the business has committed
fraud,misrepresentation or made false statements in the application and
investigation for the applicant's business;or
(10) Business practices, or conduct, deemed by the City to be contrary to the best
interests, or safety, of the public; or
(11) Any manager,proprietor,or agent in charge of the business has violated
within the preceding five(5)years, of any law relating to theft,damage or
trespass to property, sale of a controlled substance,or operation of a
business.
566.12. General License Restrictions.
A. Records Required. At the time of any reportable transaction other than renewals,
extensions or redemptions, every licensee must immediately record in English the following
information by using ink or other indelible medium on forms or in a computerized record
approved by the Police Department:
(1) A complete and accurate description of each item including, but not
limited to, any trademark, identification number, serial number, model
number, brand name, or other identifying mark on such an item.
(2) The purchase price, amount of money loaned upon, or pledged therefor.
(3) The maturity date of the transaction and the amount due, including
monthly and annual interest rates and all pawn fees and charges.
(4) Date, time and place the item of property was received by the licensee,
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.
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(8) The licensee must also take a color photograph or color video recording
of:
(a) Each customer involved in a billable transaction.
(b) Every item pawned or sold that does not have a unique serial or
identification number permanently engraved or affixed.
If a photograph is taken, it must be at least two (2) inches in length
by two (2) inches in width and must be maintained in such a
manner that the photograph can be readily matched and correlated
with all other records of the transaction to which they relate. Such
photographs must be available to the Chief of Police, or the 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 fd. Any item purchased or accepted in trade by a licensee must not
be sold or otherwise transferred for thirty(30) days from the date of the transaction. An
individual may redeem an item seventy-two (72) hours after the item was received on deposit,
excluding Sundays and legal holidays.
H. Police Order to Hold Propert y.
(1) Investigative Hold. Whenever the Chief of Police or the Chief's
designee notifies a licensee not to sell an item,the item must not be sold or
removed from the premises. The investigative hold shall be confirmed in
writing by the Police Department within seventy-two (72)hours and will
remain in effect for fifteen(15) days from the date of initial notification,
or until the investigative order is canceled, or until an order to
hold/confiscate is issued, pursuant to Section 566.12(H)(2), whichever
comes first.
(2) Order to Hold. Whenever the Chief of Police, or the chief s designee,
notifies a licensee not to sell an item, the item must not be sold or removed
from the licensed premises until authorized to be released by the chief or
the chiefs designee. The order to hold shall expire ninety (90) days from
the date it is placed unless the Chief of Police or the chief s designee
determines the hold is still necessary and notifies the licensee in writing.
(3) Order to Confiscate. If an item is identified as stolen or evidence in a
criminal case, the chief or chiefs designee may:
(a) Physically confiscate and remove it from the shop, pursuant to a
written order from the chief or the 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
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 by law.
(d) A pawnbroker may not sell a motor vehicle covered by a pawn
transaction until ninety (90) days after recovery of the motor
vehicle.
(2) A pawn transaction that involves holding only the title to property is
subject to Minnesota Statutes, Chapter 168A or 336.
K. Label Required. Licensees must attach a label to every item at the time it is
pawned, purchased or received in inventory from any reportable transaction. Permanently
17
recorded on this label must be the number or name that identifies the transaction in the shop's
records, the transaction date,the name of the item and the description or the model and serial
number of the item as reported to the Police Department, whichever is applicable, and the date
the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.
L. Firearms and Weapons. A pawnbroker shall not receive, display or sell any
merchandise through a pawn, purchase, or consignment or trade consisting of a revolver,pistol,
shotgun, automatic rifle, semiautomatic military-style assault weapon(as defined by Minnesota
Statutes, Section 624.712), switchblade knife, or other similar weapons or firearms.
M. Risk of Loss. In the event pledged goods are lost or damaged while in possession
of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement of
goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of
compensation shall be a defense to any prosecution or civil action.
N. License Display. A license issued under this Section must be posted in a
conspicuous place in the premises for which it is used. The license issued is only effective for
the compact and contiguous space specified in the approved license application.
O. Responsibility of Licensee. A licensee under this Section shall be responsible for
the conduct of the business being operated and shall maintain conditions of order. The conduct of
agents or employees of a licensee, engaged in performance of duties for the licensee, shall be
deemed the conduct of the licensee.
P. Gambling. No licensee under this Section may keep,possess, or operate, or permit
the keeping,possession, or operation on the licensed premises of dice, slot machines,roulette
wheels,punchboards,blackjack tables,or pinball machines which return coins or slugs, chips, or
tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment
authorized under Minnesota Statutes, Chapter 349,may be kept or operated and no raffles may be
conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may
take place on the licensed premises as authorized by the director of the lottery pursuant to
Minnesota Statutes, Chapter 349A.
Q. Penalty for Property Owner. It is unlawful for any person who owns or controls
real property to knowingly permit it to be used for pawn brokering without a license.
R. Premises. All property deposited, left,pledged,pawned, or held for sale must be
stored in an enclosed facility and may not be stored outside of the premises. The City may,
however, permit the licensee to designate one (1) off-premises locked and secured facility in which
the licensee may store only cars,boats, and other motorized vehicles. The licensee shall permit
immediate inspection of the facility at any time during business hours by the City. All provisions in
this Section regarding record keeping and reporting shall apply to oversized items. All property
shall be stored in compliance with zoning and/or fire regulations and in an orderly manner. The
premises shall also be equipped with an operational security alarm.
18
566.13. Restricted Transactions.
A. Hours of Operation. No pawnbroker shall keep the pawnbroker business open for
the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m.
B. Minors. A pawnbroker shall not purchase or receive personal property on deposit
or pledge from any minor.
C. Incompetent Persons. A pawnbroker shall not purchase or receive personal property
on deposit or pledge from any incompetent person.
D. Prohibited Goods. No licensee under this Section shall accept any item of property
which contains an altered or obliterated serial number or "Operation Identification" number or any
item of property whose serial number has been removed.
E. Security Interest. No licensee nor any agent or employee of a licensee shall
purchase, accept, or receive any article of property knowing, or having reason to know,that the
article of property is encumbered by a security interest. For the purpose of this Section, "security
interest"means an interest in property which secures payment or other performance of an
obligation.
F. True Owner. No licensee nor any agent or employee of a licensee shall purchase,
accept, or receive any article of property, from any person,knowing, or having reason to know, that
said person is not the true and correct owner of the property.
G. Proper Identification. No licensee nor any agent or employee of a licensee shall
purchase, accept, or receive any article of property, from any person, without first having examined
an acceptable form of identification.
H. Pa may Check. Payment of more than Two Hundred Fifty Dollars ($250.00) by
a licensee for any article deposited,left,purchased,pledged or pawned shall be made only by a
check, draft,or other negotiable or non-negotiable instrument which is drawn against funds held by
a financial institution. This policy must be posted in a conspicuous place in the premises.
I. Restrictions on Sale. A pawnbroker shall suspend for one(1)year, any business
transaction with any person who has sold and/or forfeited on six(6)previous occasions articles for
which the person received$50.00 or more per transaction within a single six(6)month period.
566.14. Inspection by Police.
A Premises. An licensee shall at all times during the term of the license allow the
A. Y � _ g
Police Department to enter the premises, where the licensee is carrying on business, including all
off-site storage facilities as authorized in Section 566.12)(8),during normal business hours, except
in an emergency, for the purpose of inspecting such premises and inspecting the articles and records
therein to locate goods suspected or alleged to have been stolen and to verify compliance with this
Section or other applicable laws. No licensee shall conceal any article in his possession from the
Police Department.
19
B. Inspection by Police or Claimed Owner. All articles of property coming into the
possession of any licensee shall be open to inspection and right of examination of any police officer
or any person claiming to have been the owner thereof or claiming to have had an interest therein
when such person is accompanied by a police officer.
566.15. Conduct of Persons on Licensed Premises.
A. Property of Another. No person may pawn,pledge, sell, leave, or deposit any article
of property not their own; nor shall any person pawn,pledge, sell, leave,or deposit the property of
another,whether with permission or without;nor shall any person pawn,pledge, sell, leave, or
deposit any article of property in which another has a security interest;with any licensee.
B. Minors. No minor may pawn,pledge, sell, leave, or deposit any article of property
with any licensee.
C. Proper Identification. No person may pawn,pledge, sell, leave or deposit any article
of property with any licensee without first having presented an acceptable form of identification.
D. Required Sig_nage. 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 the price for which the item sold;
(5) Make a loan on a pledge to a minor.
566.16. Restrictions Regarding License Transfer.
Each license under this Section shall be issued to the applicant only and shall not be
transferable to any other person. No licensee shall loan, sell, give, or assign a license to another
person.
566.17. Suspension or Revocation of License.
A. The City Council may suspend or revoke a license issued under this Section upon a
finding of a violation of:
(1) Any of the provisions of this Section;
(2) Any state statute regulating pawnbrokers;
(3) Any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2;
(4) Fraud,misrepresentation,or bribery in renewing a license;
(5) Business practices, or conduct,deemed by the City to be contrary to the best
interests,or safety, of the public; or
(6) Any law relating to theft,damage or trespass to property, sale of a controlled
substance, or operation of a business.
B. A revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a public hearing. The written notice shall give at least ten(10) days'
21
notice of the time and place of the hearing and shall state the nature of the charges against the
pawnbroker. The notice may be served upon the pawnbroker personally or by United States mail
addressed to the most recent address of the business in the license application.
566.18. Penalty.
Violation of any provision of this Section shall be a misdemeanor.
566.19. Severability.
Should any provision of this Section be declared by a court of competent jurisdiction to
be invalid, such decision shall not effect the validity of the ordinance as a whole or any part other
than the part declared invalid. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
This Ordinance shall be in full force and effect upon passage by the City Council and
publication of the Ordinance or a summary thereof in the.City's official newspaper.
Adopted this day of 22003.
Mayor
Attest:
City Clerk
Passage by City Council:
Publication in St. Anthony Bulletin:
22
CITY OF ST.ANTHONY, MINNESOTA
ORDINANCE AMENDING SECTION 1635.03 OF THE ZONING CODE
TO ALLOW PAWNBROKERS AND SECONDHAND DEALERS
AS CONDITIONAL USES IN COMMERCIAL DISTRICTS
ORDINANCE NO.
The City Council of the City of St.Anthony hereby ordains:
SECTION 1. Section 1635.03 of the City's Zoning Code is amended to add the
following uses as permitted conditional uses within a general commercial district (C District):
(x) Secondhand Dealers that comply with the requirements of Section 565.
(w) Pawnbroker businesses which comply with the requirements of Section 566.
SECTION 2. This Ordinance shall be in full force and effect following a duly noticed
public hearing by the Planning Commission, upon passage by the City Council and publication
in the City's official newspaper.
Adopted this day of , 2003.
Mayor
Attest:
City Clerk
Publication of Notice of Public Hearing:
Planning Commission Public Hearing: May 20, 2003
Passage by City Council:
Publication in St. Anthony Bulletin:
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 Zoning Amendment
Background:
With three Planning Commissioners absent at the March meeting, the Chair decided to
defer this issue one more month to get input from all Commissioners. Please pull the
research included with the March Planning Commission packet for discussion purposes.
One of the key discussion points in March was where should the adult daycare be
permitted (commercially-zoned areas only, etc.). Also, the other discussion pertained to
how the City should implement this change in the zoning ordinance (should it be a
conditional use permit, etc.). Some discussion ensued about comparing adult daycare
with child daycare, which is currently permitted in the City.
Requested Action
Discuss the potential amendment to the zoning code. The next step is to call for a public
hearing at the May 20 meeting, with recommendation going to the City Council on the
issue May 27, with three readings necessary.
. ain thou
illa e
DRAFT
Tentative Northwest Quadrant Redevelopment Schedule
Summer 2003
April 22, 2003 Resolution calling for hearing on TIF
Resolution on environment grant for asbestos
June 3, 2003 Joint City Council/Planning Commission Work Session
June 17,2003 Planning Commission: PUD and TIF reviews
June 24, 2003 City Council: PUD and TIF reviews
Possible resolution on livable communities grant
Possible TIF hearing
Possible adoption of TIF plan
July 15, 2003 Planning Commission: Public hearing on PUD application
July 22, 2003 City Council: PUD and Developer Agreement approvals
Public hearing on TIF plan
SCHEDULE OF EVENTS
ST. ANTHONY VILLAGE HOUSING AND REDEVLOPMENT AUTHORITY
AND THE CITY OF ST. ANTHONY VILLAGE
FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT AREA NO.3
AND THE ESTABLISHMENT OF A TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 3-5
(a redevelopment district)
Draft As of March 25,2003
April 8, 2003 HRA requests that the City Council call for a public hearing.
April 11, 2003 Project information, property identification numbers, and maps sent to Ehlers &
Associates for drafting documentation. Ehlers & Associates confirms with the City
whether building permits have been issued on the property to be included in the TIF
District.
April 22, 2003 City Council calls for public hearing on the modification for Redevelopment Project
Area No. 3 and the establishment of Tax Increment Financing District No. 3-5 and
for the awarding of business subsidies.
May 9, 2003 Project information submitted to the County Board for review of county road impacts
(at least 45 days prior to public hearing). [Ehlers & Associates will fax & mail on
May 7, 2003]
May 13, 2003 Letter received by County Commissioner giving notice of potential redevelopment
tax increment financing district(at least 30 days prior to publication of public hearing
notice). [Ehlers &Associates will fax& mail on May 9, 2003]
May 23, 2003 Fiscal/economic implications received by School Board Clerk and County Auditor
(at least 30 days prior to public hearing). [Ehlers & Associates will fax & mail on
May 21, 2003]
June 5, 2003 Deadline for completing inspections of property to qualify the tax increment
financing district as a redevelopment district.
June 10, 2003 HRA considers the Plans.
June 12, 2003 Date of publication of hearing notice and map for the Redevelopment Plan and TIF
Plan and awarding of business subsidies (at least 10 days but not more than 30 days
prior to hearing). [Mounds View/St. Anthony/New Brighton Focus publication
deadline Friday, June 6, 2003.]
EHLERS
6 ASSOCIATES INC
SCHEDULE OF EVENTS—PAGE 2
FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT AREA NO. 3
AND THE ESTABLISHMENT OF A TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO.3-5
(a redevelopment district)
June 17, 2003 Planning Commission reviews. Plans to determine if they are in compliance with
City's comprehensive plan.
June 24,2003 City Council holds public hearing at 7:00 p.m. on the modification for
Redevelopment Project Area No. 3 and the establishment of Tax Increment
Financing District No. 3-5 passes resolution approving the Plans and the awarding of
business subsidies. [Council packet information will be sent by June 13, 2003]
June 26, 2003 To be certified by June 30, a certified copy of the City Council adopting resolution
and meeting minutes from the public hearing sent to Ehlers & Associates no later
than noon June 26,2003.
By June 30, 2003 Ehlers &Associates requests certification of the District with county and state
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 Mornson 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 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. 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 January 28, 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 utilitimprovements 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 (33rd Avenue NE to 34th Avenue NE), 34th
9 Avenue NE (Stinson Boulevard to Silver Lake Road), and Belden Drive (33rd Avenue NE to 34th
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 34th 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-comer 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 33rd
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
I
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
g 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 Q 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 with
42 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 27th 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 of
25 the City's tax levy and the estimated impact of this levy will be about$30.32 for a home with a
26 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 is
33 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
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 27th 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 a new
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 and
2 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 II 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
City 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. Morrison 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 OSt reading, waive 2"a reading, adopt).
28 Mr. Morrison recommended waiving the first and second reading of the Ordinance and approving
29 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 associated
36 with a development to the developer. However, it has been recommended to add a"pass
37 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 unanimouslL•
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 Off Site Secretarial, Inc.
28
29 Mayor
30
31 ATTEST: � cep
32 City Clerk
33
City Council Regular Meeting Minutes
March 25, 2003
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING NIINUTES
4
5 March 25, 2003
6
7 CALL TO ORDER
8 Mayor Pro-Tem Faust called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Pro-Tem.Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Pro-Tem Faust; Councilmembers Horst, Sparks, and Thuesen.
15 Absent: Mayor Hodson.
16 Also Present: City Manager Mike Mornson.
17
18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF MARCH 25, 2003 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of March 25,
23 2003, adding Item IIB, a proclamation for Hildur Sandy regarding her 100"'Birthday.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 A. Approve Shriner's request for the sale of Vedalia onions at the Stonehouse parkin lot of on
29 May 3 and 4.
30 Mr. Mornson explained that the Shriners have requested permission to sell Vadalia onions from
31 the Stonehouse parking lot on May 3 and 4, 2003.
32
33 Motion by Councilmember Sparks to approve the Shriner's request for the sale of Vedalia
34 onions at the Stonehouse parking lot on May 3 and 4, 2003.
35
36 Motion carried unanimously.
37
38 B. Approve Hildur Sandy Proclamation.
39 Councilmember Horst read a proclamation regarding Hildur Sandy's 100` birthday in the City of
40 St. Anthony.
41
42 Motion by Councilmember Horst to approve the Hildur Sandy proclamation.
43
44 Motion carried unanimously.
45
46 III. COMMUNITY FORUM.
City Council Regular Meeting Minutes
March 25, 2003
Page 2
1 Mayor Pro-Tem Faust invited residents to come forward at this time and address the Council on
2 items that are not on the regular agenda.
3
4 Hearing none, Mayor Pro-Tem Faust moved forward with the agenda.
5
6 IV. CONSENT AGENDA.
7 A. Consider February 11, 2003 Council meeting minutes.
8 B. Consider licenses and permits.
9 C. Consider payment of claims.
10
11 Motion by Councilmember Horst to approve the Consent Agenda items tabling the Council
12 Meeting Minutes of February 11, 2003.
13
14 Motion carried unanimously.
15
16 V. PUBLIC HEARINGS.
17 None.
18
19 VI. REPORTS FROM COMMISSION AND STAFF.
20 A. Update from the Planning Commission.
21 Commissioner Tillman reviewed the revisions and additions being made to the Pawnbroker and
22 Secondhand Goods Ordinances with the Council. She noted the public hearing for this
23 Ordinance would be held in April. Commissioner Tillman indicated the Commission was also
24 addressing an Adult Daycare Ordinance as requested by a potential new business in the City.
25 She noted staff presented the Commission with several draft Ordinances and explained further
26 discussion would be held in April.
27
28 B. Update from the Parks Commission.
29 Chair Jindra updated the Council on park progress. She noted the Central Park project is moving
30 along and reseeding would commence this spring due to poor weather conditions last summer
31 and fall. Chair Jindra indicated the shelter was almost complete and things are moving along
32 according to the budget.
33
34 Chair Jindra noted Silver Point Park has not gone as planned and was over budget at this time.
35 She stated a new prefabricated shelter was going to be placed at this park with the necessary
36 amenities to suit the park. Chair Jindra reviewed the shelter layout and location of the building
37 within the park. She explained the existing basketball court would have to be moved as the new
38 shelter would fit on its current site.
39
40 Councilmember Horst asked if this prefabricated building had been presented to the Council in
41 the past. Chair Jindra stated it may have been addressed at a workshop meeting in January.
42
43 Mayor Pro-Tem Faust questioned how the prefabricated building was assembled. Mr. Mornson
44 explained there were two parts to the building, one portion for the payment of the building parts
45 and a second portion for assembling the building. He noted the goal was to keep this building
46 within the amount currently budgeted.
City Council Regular Meeting Minutes
March 25, 2003
Page 3
1 Councilmember Horst asked how the basketball court at Silver Point Park would fit into the
2 budget. Chair Jindra explained the court was going to be included in the shelter expense so as
3 not to incur any additional expenses for the park.
4
5 Councilmember Horst stated he would like to see a final figure on this to keep it within the
6 budget. Mr. Morrison stated he has been working on this with the architect and would report
7 back to the Council as this item moves forward. He noted it would be completed around Labor
8 Day.
9
10 Councilmember Thuesen asked if the drainage at Central Park was under control this spring.
11 Chair Jindra noted this has been addressed with the park architects and contractor last fall and
12 was being observed this spring.
13
14 Councilmember Sparks indicated the Park Commissioners have been very clear with the
15 architect and contractor to take responsibility of these drainage issues and have them corrected at
16 their expense. Councilmember Thuesen thanked the Park Commission for their efforts.
17
18 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
19 A. Resolution 03-027, re: Approve sale of$1,700,000 GO Bonds, Series 2003A, to finance
20 the 2003 Street Construction Program.
21 Mr. Mornson presented the proposed Resolution and explained that James Prosser, a
22 representative from Ehlers &Associates, was present to review the bond sales with the Council.
23
24 Mr. Prosser noted he has had good meetings with City staff on this issue and thanked them for
25 their assistance in preparing these bond sales.
26
27 Mr. Prosser reviewed the Al rating with regard to the City's credit rating and commended the
28 City on this rating. He noted Roger Larson has worked diligently to provide Ehlers with the
29 information needed to prepare for this bond sale. Mr. Prosser explained there were three bond
30 sales to report to the Council and he had five bids for each of these sales. He noted the true
31 interest rate for the first sale was 3.8225%. Mr. Prosser then asked for comments or questions
32 from the Council.
33
34 Councilmember Sparks asked why there was such a variance in the interest rates between the
35 three different sales. Mr. Prosser stated the interest depended on the structure of the bond itself.
36 He stated the underwriters look at the maturities of these bonds and how they differ, which sets
37 the interests rates.
38
39 Motion by Councilmember Thuesen to adopt Resolution 03-027,re: Approve sale of$1,700,000
40 GO Bonds, Series 2003A, to finance the 2003 Street Construction Program.
41
42 Motion carried unanimously.
43
44 B. Resolution 03-028, re: Approve sale of$2,200,000 GO Bonds, Series 2003B, to finance
45 the cost of 2701 Avenue NE Sanitary Sewer Replacement, installation of water main in the
City Council Regular Meeting Minutes
March 25, 2003
Page 4
1 Kenzie Terrace area, chemical treatment facility renovation for the water supply system
2 and related system improvements.
3 Mr. Mornson presented the proposed Resolution and explained that Mr. Prosser would be
4 reviewing this item with the Council.
5
6 Mr. Prosser noted this bond sale also had five bidders and noted the true interest rate would be
7 4.1655%.
8
9 Motion by Councilmember Sparks to adopt Resolution 03-028, re: Approve sale of$2,200,000
10 GO Bonds, Series 2003B, to finance the cost of 27`h Avenue NE Sanitary Sewer Replacement,
11 installation of water main in_the Kenzie Terrace area, chemical treatment facility renovation for
12 the water supply system and related system improvements.
13
14 Motion carried unanimously.
15
16 C. Resolution 03-029,re: Approve sale of Equipment Certificates, Series C. to finance a
17 portion of the cost of replacing fire and public works equipment.
18 Mr. Momson presented the proposed Resolution and explained that Mr. Prosser would be
19 explaining this item with the Council.
20
21 Mr. Prosser indicated the true interest rate would be 2.3 62 1%,which was an excellent rate for
22 the City.
23
24 Motion by Councilmember Sparks to adopt Resolution 03-029, re: Approve sale of Equipment
25 Certificates, Series C,to finance a portion of the cost of replacing fire and public works
26 equipment.
27
28. Motion carried unanimously.
29
30 D. Resolution 03-030, re: Approve 2003 City Goals.
31 Mr. Prosser presented the Council with a summary of the 2003 strategic planning session. He
32 noted the process was built on the framework that includes the staff, Council, and Commissions
33 to build on the vision of the community and Council.
34
35 Mr. Prosser reviewed the vision of the City with the Council and noted the goals were addressed
36 to achieve the vision. He indicated an environmental scan was then addressed to see how it
37 affected the City's objectives. Mr. Prosser reviewed what external forces would hinder the
38 City's defined accomplishments. He then reviewed the accomplishments of 2002 with the
39 Council.
40
41 Mr. Prosser reviewed the goals established for 2003. He stated they included:
42
43 1.) Continued redevelopment of Apache Plaza
44 2.) Develop strategies to accommodate reduction in State revenues
45 3.) Continue Stonehouse redevelopment process
46 4.) Complete fire station/public works facilities study and develop implementation plan
City Council Regular Meeting Minutes
March 25, 2003
Page 5
1 5.) Initiate process to address infiltration and inflow cost and impacts
2 6.) Develop strategies to enhance community involvement
3 7.) Initiate process to address mobile home issues
4 8.) Address street lighting
5 9.) Assess potential re-use of Stroga property
6
7 Mr. Prosser stated worksheets have been provided on these goals to break them down and
8 provide the Council with time lines. He thanked the Council for their time and asked for
9 comments or questions.
10
11 Mayor Pro-Tem Faust noted a year ago, key financial strategies were addressed and stated
12 today's bond sales have proven that the time put into this goal has saved the City a lot of money.
13
14 Councilmember Thuesen asked if the goals and strategy information was located on the website.
15 Mayor Pro-Tem noted the 2003 goals were located on the website.
16
17 Motion by Councilmember Horst to adopt Resolution 03-030, re: Approve City Goals.
18
19 Motion carried unanimously.
20
21 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
22 Mr. Mornson reported that the next 90 days are going to be busy for the Council. He indicated a
23 revised 2004 budget would be discussed beginning with a worksession in May due to the
24 potential numerous legislative changes and proposed budget cuts. Mr. Mornson stated that
25 because so many factors are uncertain at this time, the budget schedule would be delayed this
26 year.
27
28 Councihmember Sparks asked if a public hearing was going to be held at the beginning of this
29 process as it was in the past. Mr. Mornson stated this has been postponed because things are so
30 uncertain at this time with respect to legislative cuts.
31
32 Mayor Pro-Tem questioned if a public hearing should be held after May. Councilmember
33 Sparks stated she felt this public hearing should be held before a document was put in place to
34 ask for public input as this has been done in the past. Mr. Mornson proposed April 22, 2003 for
35 a public hearing. The Council concurred.
36
37 Mr. Momson reviewed a draft schedule on the.Northwest Quadrant redevelopment. He noted
38 they are not getting into public action. Mr. Mornson stated on April 8, 2003 a TIF resolution
39 would be presented. He indicated a joint worksession between the Council and Planning
40 Commission will be held on June 3, 2003 and on June 17, 2003 there would be the first review
41 of the PUD.
42
43 Mr. Mornson stated that on June 24, 2003 a hearing on TIF would be held, on July 15, 2003 a
44 public hearing on the application would be held, and on July 22, 2003 the item would be before
45 the Council for approval. He noted this was all tentative as financing is being addressed between
City Council Regular Meeting Minutes
March 25, 2003
Page 6
1 the City and developer at this time. Mr. Mornson indicated he brought this up to keep the
2 Council abreast of upcoming meetings and to inform them of the timeline of this issue.
3
4 Mr. Mornson noted on April 8, 2003, the Board of Review would be meeting to discuss the
5 public works/fire station project. He indicated that on April 22, 2003 from 5:30-7:00 p.m. would
6 be the last open house to address the public works/fire station project. He encouraged the
7 Council to attend as funding issues would need to be addressed in the future.
8
9 Mr. Mornson advised that April 9, 2003 would be City day at the capitol and encouraged the
10 Councilmembers to attend.
11
12 Mr. Mornson reported that April 16, 2003 was the annual Chamber dinner.
13
14 Mr. Mornson indicated that on April 29, 2003 there would be a joint-meeting with the school
15 from 6:30-8:00 p.m. He noted he and the Mayor met with several State representatives to
16 address local schooling.issues. In addition, on April 29 a second meeting with the St. Anthony
17 Boulevard residents would begin at 8:00 p.m.
18
19 Mr. Mornson reported that the first annual volunteer ice cream social would be held on May 1,
20 2003 at 6:30 p.m. He noted the ice cream was being donated at cost by Culvers and indicated
21 the City was expecting roughly 200-300 people. Mr. Mornson encouraged the Councilmembers
22 to be present to assist serving ice cream to the residents.
23
24 Mr. Mornson reported that May 3, 2003 was the City-wide clean up day and May 13, 2003 was
25 the Stonehouse meeting.
26
27 Councilmember Horst reported that the Community Services Board of Directors discussed
28 funding mechanism for the City with regard to the grandfather clause. He noted this was cut due
29 to budget constraints.
30
31 Councilmember Sparks stated the VillageFest Committee was going to meet on Monday night.
32 She stated they are working on the parade and things are progressing.
33
34 Councilmember Thuesen reported that Kathy Knapp appreciated the City's help with her
35 financial situation and the grant.
36
37 Mayor Pro-Tem Faust announced that a Met Council representative, Duane Arens, was a
38 resident of St. Anthony and would be working with the City in the future.
39
40 Mayor Pro-Tem.Faust read a note from a resident dated March 19, 2003 stating heartfelt thanks
41 to those that responded to a 911 call on March 16, 2003. The resident indicated her 13 month
42 old son had a seizure and was now doing well, thanks to the efforts of the local fire and police.
43 Mayor Pro-Tem Faust explained this was a crucial role for the City fire and police with in the
44 community and thanked those officers and fireman for their service.
45
46
City Council Regular Meeting Minutes
March 11, 2003
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 March 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 Sparks and Thuesen.
15 Absent: Councilmembers Horst and Faust.
16 Also Present: City Manager Mike Mornson.
17
18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF MARCH 11, 2003 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of March 11,
23 2003.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 A. Proclamation declaring April as Child Abuse Prevention Month.
29 Councilmember Sparks read the Proclamation proclaiming April as Child Abuse Prevention
30 Month.
31
32 Motion by Councilmember Sparks to approve the Proclamation declaring April as Child Abuse
33 prevention Month.
34
35 Motion carried unanimously.
36
37 III. COMMUNITY FORUM.
38 Mayor Hodson invited residents to come forward at this time and address the Council on items
39 that are not on the regular agenda.
40
41 Stan Nelson of 3504 Maplewood Drive came forward and addressed his thoughts regarding the
42 affordability of new City facilities. He said the fees for Homeowners Insurance is jumping
43 considerably in 2003. His homeowners insurance was raised 53% this year. He said many
44 senior citizens rely on fixed income investments for living expenses and his own income for
45 2002 was down$4500 compared to 2001.
46
City Council Regular Meeting Minutes
March 11, 2003
Page 2
1 Mr. Nelson reviewed some Real Estate Tax comparisons with the Council. He said Real Estate
2 Tax is currently based on Taxable Market Value. He stated that currently, the much higher
3 Estimated Market Value has no effect on Real Estate Tax to be paid. He indicated that State law
4 dictates that over the next four years Taxable Market Value must converge toward Estimated
5 Market Value until they are equal for the 2007 Tax year. He stated that using the 2003 tax rate
6 schedule his 2004 taxes will be increasing$250.00, however, it would be increasing$750.00 if it
7 were based on Estimated Market Value instead of Taxable Market Value.
8
9 Mr. Nelson said the taxpayers of St. Anthony are facing huge and automatic Real Estate Tax
10 increases, income is dropping for senior citizens, and Homeowners Insurance Rates are climbing
11 dramatically; therefore, the affordability of a new fire station and maintenance facility must be
12 considered.
13
14 Mr. Nelson also discussed County tax issues and gave an overview of Real Estate tax dollars
15 percent distribution. He recommends joining with other County suburbs to force Hennepin
16 County to curb spending and limit their tax increases.
17
18 Councilmember Sparks asked what Mr. Nelson's take was on financing a fire station. Mr.
19 Nelson said he is not against updating the fire station, however, it's the affordability he's
20 concerned about. He feels the size of the fire station is something that needs to be justified.
21
22 Robert Kluwe of 2600 30 Avenue Northeast came forward to address the Council. He stated
23 his purpose of coming forward was to give a formal notice of appeal on the assessment he had.
24 He said he lives on a corner lot and does not understand why corner lots are assessed on both
25 frontage and side lengths while non-corner lots are assessed only according to their frontages.
26
27 Mr. Kluwe stated that if equal assessment amounts are not going to be applied then he feels
28 square footage should be considered. He stated his lot is 11,250 square feet and believes the
29 property at 3326 Edward Street is 17,775 square feet. He said that property is probably valued at
30 twice of what his is, yet he is being assessed$7,506.00 compared to their assessment of
31 $4,448.00. Mr. Kluwe reviewed the diagrams he provided.
32
33 He said that State law says all properties have to be assessed in the same manner. He said it
34 would be a great year to change the policy since there are only four residents that need changes.
35
36 Mayor Hodson asked if there were any other residents that wanted to come forward. Hearing
37 none, Mayor Hodson moved forward with the agenda.
38
39 IV. CONSENT AGENDA.
40
41 1. &prove February 11, 2003 Council meeting_agenda.
42 2. Consider licenses and permits.
43 3. Consider payment of claims.
44 4. Resolution 03-025 re: Submittal of the 2003 Hennepin Coun1y Municipal Recycling
45 Grant Application.
46
47
City Council Regular Meeting Minutes
March 11, 2003
Page 3
1 Motion by Councilmember Thuesen to approve the Consent Agenda items.
2
3 Motion carried unanimously.
4
5 Councilmember Sparks asked about the possibility of recycling plastic bags. City Manager
6 Mornson said he would look into it.
7
8 V. PUBLIC BEARINGS.
9 None.
10
11 VI. GENERAL POLICY BUSINESS OF THE COUNCIL.
12 A. Engineering update and Resolution 03-026 re: Authorize bids for City's water filtration
13 System(Todd Hubmer, WSB &Associates, Inc.)
14 Todd Hubmer of WSB &Associates, Inc. provided an update on the current status of projects
15 within St. Anthony Village.
16
17 Mr. Hubmer gave an update on the Influent Infiltration Reduction Program. He said as a follow-
18 up to the.goal-setting retreat, options for reducing clear water influent and infiltration into St.
19 Anthony Sanitary Sewer System are currently being reviewed. He anticipates that these options
20 will be presented to City Council in April.
21
22 Mr. Humber gave an update on the St. Anthony Village Wellhead Protection Plan. He said the
23 Ramsey County Soil and Water Conservation District has completed a draft of the City of St.
24 Anthony's Wellhead Protection Plan. City staff met with Ramsey County staff to discuss this
25 plan on March 11, 2003.
26
27 Mr. Humber gave an update on the NPDES Phase H Permit. He indicated that the City of St.
28 Anthony National Pollutant Discharge Elimination Systems Phase H Permit is being worked on.
29 He said this permit was prepared and submitted to the Minnesota Pollution Control Agency on
30 March 10, 2003.
31
32 Mr. Hubmer gave an update on the Kenzie Terrace Sanitary and Water Main Improvement
33 Project. He stated that construction plans for completion of this project are 90%complete. It's
34 anticipated that the plans will be completed by the end of March with an anticipated bid opening
35 of May 2003. He anticipates that a neighborhood meeting will be held for individuals adjacent
36 to this project in April 2003.
37
38 Mr. Hubmer gave an update on the 2003 Street Reconstruction Project. He said the utility
39 meeting was held on March 5, 2003 to discuss the coordination between Minnegasco and the
40 City's Contractor for the 2003 Street Project. He indicated that the Preconstruction Meeting
41 with the Contractor, the City staff, WSB staff, Subcontractors, and all utility organizations is
42 scheduled for April 2003. Following this Preconstruction meeting Mr. Hubmer said a
43 neighborhood meeting will be held during the last week of April to discuss the.project's schedule
44 and to provide residents with additional information concerning the 2003 project and to answer
45 any questions. The first construction newsletter is scheduled to be published and mailed the last
46 week of April 2003.
47
City Council Regular Meeting Minutes
March 11, 2003
Page 4
1 Mr. Humber gave an update on the Stone House Right-of-Way vacation Documents. He
2 indicated that WSB &Associates, Inc. has been working with Hennepin County to coordinate
3 the vacation of portions of County Road 88 and Silver Lake Road back to the City of St.
4 Anthony. These portions of right-of-way currently reside over the eastern third of the Stone
5 House parcel. He said it is anticipated that the easements will be vacated and St. Anthony will
6 have ownership of these parcels in the near future.
7
8 Mr. Hubmer provided an update on the St. Anthony Boulevard Neighborhood Meeting. He said
9 a neighborhood meeting was held with the residents of St. Anthony Boulevard on March 5, 2003
10 to discuss a potential lighting improvement plan, as well as to discuss speed limit issues related
11 to St. Anthony Boulevard.
12
13 Mr. Hubmer reviewed the resolution authorizing WSB &Associates, Inc. to prepare the final
14 plans and specifications for the improvements to the chemical treatment room at the St. Anthony
15 Village Water Treatment Plan. He said this project is an implementation component of the water
16 and sewer study which was conducted in 2002. He said it is anticipated that the project would
17 begin construction in September 2003 and be completed by the spring of 2004.
18
19 Mr. Hubmer stated that as part of the preparation of final plans and specifications, a number of
20 options for the chlorine storage facility will be evaluated and presented to City staff for their
21 review. He said a preliminary estimate of the cost to complete water treatment plant
22 improvements is approximately$1,000,000.
23
24 Councilmember Sparks asked why it's being used as a bond versus taking it out of the fund
25 established for the water treatment facility. Mr. Hubmer said the fund is there so the City can
26 accrue interest and replace the plant at sometime in the future.
27
28 Motion by Councilmember Thuesen to adopt Resolution 03-026, re: Authorize bids for City's
29 water filtration system.
30 Motion carried unanimously.
31
32 VII. REPORTS FROM COMMISSIONS AND STAFF.
33 A. Liquor Operations 2002 Annual Report.
34 Mike Larson came forward to review the St. Anthony Liquor Operations.
35
36 Mr. Larson provided background information on the St. Anthony Liquor Operations. He said the
37 City owns and operates two off-sale liquor stores and one on-sale bar and restaurant. He said the
38 operation has a full time operations manager, a store manager at each off-sale store and a
39 bar/restaurant manager. A full time lead liquor clerk and a full time bartender are also employed
40 at the off-sale stores. He said in addition to the full time staff, the off-sale stores have 15 part
41 time clerks and the Stonehouse has 15 part time employees.
42
43 Mr. Larson said the City's liquor operations experienced increased sales during 2002 when
44 compared to 2001. He indicated that sales at store#1, located next to the Stonehouse, increased
45 $20,000.00. Sales at store#2, located at Apache Plaza, increased $87,000.00. The Stonehouse
46 experienced a$15,000.00 increase in sales. He said the overall sales increased$122,000.00 for
47 the liquor operation. He briefly reviewed the reasons for the increase in sales.
City Council Regular Meeting Minutes
March 11, 2003
Page 5
1 Mr. Larson gave a recap of 2002 activities and events. He said they continued with the annual
2 promotions such as the Villagefest"Kick-off Party in the Parking Lot",the Stonehouse golf
3 tournament and"Pig Skin Pick's" contest where customers at the Stonehouse can pick the
4 winners of each week in the NFL. He said the Stonehouse also hosted the St. Anthony Chamber
5 of Commerce Golf Tournament dinner and awards ceremony. Mr. Larson also gave an overview
6 of the awards received in 2002.
7
8 Mr. Larson said that liquor sales accounted for$1,288,770.00 at both stores, an increase of
9 $32,000.00 over 2001. Beer sales accounted for$1,838,700.00 at both stores, an increase of
10 $16,000 over 2001. Wine sales accounted for$966,000.00 at both stores, an increase of
11 $68,300.00 over 2001. Tobacco sales accounted for$113,000.00 in sales at both stores, a
12 decrease of$1,200.00 over 2001. Mix and miscellaneous sales accounted for$95,900.00 in
13 sales, a decrease of$150.00 over 2001. Mr. Larson also reviewed the eight-year net profit
14 history.
15
16 Councilmember Sparks asked Mr. Larson to talk about dram shop insurance. Mr. Larson said he
17 expected an across the board increase in 2003..
'18
19 Councilmember Sparks asked Mr. Larson to explain the process when there are claims. Mr.
20 Larson said his staff goes through beverage alcohol training to help them identify someone who
21 has had too much to drink.
22
23 Councilmember Thuesen complemented Mr. Larson and the staff and said he appreciates all of
24 their hard work.
25
26 Mayor Hodson also thanked Mr. Larson and the staff and said their customer service is excellent.
27
28 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
29 Mr. Mornson gave an update on State budget aid cuts in 2003 and 2004.
30
31 Mr. Mornson gave an update on the fire truck. He said a demo is being bid for an estimated
32 savings of$80,000.
33
34 Mr. Mornson provided an update on the Public Facilities Study Group. He said the next Open
35 House is scheduled for April 22, 2003 and the final report will be presented May 13, 2003.
36
37 Mr. Mornson gave an update on the Stonehouse Redevelopment. He said title work and Phase 1
38 is currently underway. He indicated that Hennepin County staff has tentatively agreed to deed
39 the easement back to the city. He said Amcon will meet with Mike Larson on possible design
40 for the off-sale and the Developers Agreement will be approved May 13, 2003.
41
42 Mr. Mornson gave an update on the Apache Plaza project. He said a property owners meeting
43 will take place to discuss the project. He attended a meeting with the Met Council staff last
44 week.
45
City Council Regular Meeting Minutes
March 11, 2003
Page 6
1 Mr. Momson said a joint meeting with the School Board is scheduled for April 29, 2003 from
2 6:30 to 8:00 p.m. A neighborhood meeting with St. Anthony Boulevard residents will take place
3 at 8:00 p.m.
4
5 Councilmember Sparks said she attended the Parks Committee meeting. She said proofs for the
6 prefab building were provided and it was a good meeting overall.
7
8 Councilmember Sparks indicated that Village Fest may take place at the Salvation Army Camp.
9
10 Councilmember Sparks said the Citizens Advisory Committee will be formed for the Mississippi
11 Watershed. She indicated they would be interested in having a resident of the City on this.
12 committee. She said the Watershed will be forming a stewardship fund and they will also be
13 looking at forming education programs by 2004.
14
15 Councilmember Thuesen said he will attend the March 18, 2003 Planning Commission meeting.
16
17 Councilmember Thuesen wanted to assure the residents that the Council will continue to look at
18 how they can be responsible for tax dollars.
19
20 Mayor Hodson commented on the article about the Northwest Quadrant Redevelopment. He
21 said it brought a lot of positive attention to what is going on in the City.
22
23 Mayor Hodson pointed out all of the developments going on in the City.
24
25 Mayor Hodson said May 1, 2003 will be the State of the City. He said recognition of volunteers
26 will follow the State of the City.
27
28 Mayor Hodson indicated that excellent ideas came from Coffee with the Mayor.
29
30 IX. INFORMATION AND ANNOUNCEMENTS.
31 None.
32
33 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
34 None.
35
36 XI. ADJOURNMENT.
37 Motion by Councilmember Thuesen to adjourn the meeting at 8:05 p.m.
38
39 Motion carried unanimously.
40
41 Respectfully submitted,
42
43
44 Rebecca Roehl
45 TimeSaver Off Site Secretarial, Inc.
46
47 Mayor