HomeMy WebLinkAbout08-23-2004A.
B.
C.
MINUTES
MAPLEWOOD CITY COUNCIL
7:08 P.M. Monday, August 23, 2004
Council Chambers, City Hall
Meeting No. 04-19
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to
order at 7:08 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
A moment of silence was held for Maplewood Firefighter Harvey Brockman.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
Mayor's Address on Protocol:
"Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we
work through difficult issues tonight.
If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies
and Procedures and Rules of Civility, which are located near the entrance.
When you address the council, please state your name and address clearly for the record.
All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to
answer questions or respond to comments. "
APPROVAL OF MINUTES
Minutes from the Council/Manager Workshop -August 23, 2004
Councilmember Juenemann moved to approve the minutes from the August 23, 2004 City
Council/Manager workshop as presented.
Seconded by CouncilmemberMonahan-Junek Ayes -All
2. Minutes from City Council Meeting -August 23, 2004
Councilmember Monahan-Junek moved to approve the minutes from the August 23, 2004 City
Council Meeting as presented.
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 08-23-04
E. APPROVAL OF AGENDA
G16. Housing and Redevelopment Authority -Concordia Arms
M1. Meeting Date
M2. Maplewood Post Office
M3. 800 MHz
M4. South Leg Meeting
Councilmember Monahan-Junek moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes -All
F. APPOINTMENTS/PRESENTATIONS
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 2,695.13 Checks #64580
dated 8/2/04
$ 48,867.74 Checks #64581 thru #64625
dated 08/10/04
$ 880,684.39 Disbursements via debits to checking account
dated 08/02/04 thru 08/05/04
$ 1,580.10 Checks # 64626
dated 8/11/04
$ 914,203.75 Checks # 64627 thru # 64692
dated 8/17/04
$ 10,093,169.33 Disbursements via debits to checking account
dated 8/06/04 thru 8/12/04
$ 11,941,200.44 Total Accounts Payable
PAYROLL
$ 438,580.66 Payroll Checks and Direct Deposits dated 8/13/04
$ 5,678.29 Payroll Deduction check # 98367 thru # 98372
dated 8/13/04
City Council Meeting 08-23-04 2
$ 444,258.95 Total Payroll
$ 12,385,459.39 GRAND TOTAL
2. Transfers to Close Project Funds
Approved the transfers from the S.C.S.A. Fund and the appropriate budget changes.
State Aid Bonds Certification
Adopted the following resolution so that state aid payments can be sent to the city to finance
the debt service payments on the bonds:
RESOLUTION 04-08-149
MUNICIPAL STATE AID BONDS RESOLUTION
WHEREAS, the Municipality of Maplewood has issued and sold bonds, dated August 1,
2004, in the amount of $5,355,000 exclusively for the purpose of establishing, locating, relocating,
constructing, reconstructing or improving its State Aid Streets in accordance with Minnesota Statue
162.18, and
WHEREAS, said Municipality of Maplewood has irrevocably pledged to the sinking funds
from which said obligations are payable, that amount of their future State Aid allotments needed to
pay the principal and interest thereon; which principal payments shall be made fro the Construction
Account and the interest payments made from their Maintenance Account, and
WHEREAS, the Municipality agrees to certify to the Commissioner of Transportation within
30 days following issuance of the bond, the amount of the total obligation and the amount of
principal and interest required to be paid annually in accordance with Minnesota Rules 8820.1500,
Subp. 11.
NOW, THEREFORE, BE IT RESOLVED: That the Commissioner of Transportation be and
is hereby requested upon receipt of this resolution to annually certify to the Commissioner of
Finance the sum of money required for the principal and interest on said bonds.
4. Final Plat — Chesapeake Retail Center (White Bear Avenue and County Road D)
Approved the Chesapeake Retail Center final plat. This approval is subject to Chesapeake
Companies submitting the required easement and owners' association documents to the city
staff for review and approval, and the applicant recording the plat and easement and owners'
association documents with the county.
Conditional Use Permit Review — Budget Towing (1291 Frost Avenue)
Approved to review the conditional use permit for Budget Towing and Tire at 1291 Frost
Avenue again in one year or sooner if a problem arises or if the owner proposes a significant
change to the site.
City Council Meeting 08-23-04
6. Conditional Use Permit Review — Keller Golf Course (2166 Maplewood Drive North)
Approved to review the conditional use permit for the Keller Golf Course maintenance
building at 2166 Maplewood Drive again if a problem arises or if the owner proposes a
significant change to the site.
7. Conditional Use Permit Review — Schlomka Over -sized Accessory Building (1501 Henry
Lane)
Approved to review the conditional use permit for the over -sized garage for the property at
1501 Henry Lane again in one year or sooner if a problem arises or if the owner proposes a
significant change to the site.
8. County Road D Realignment (East), Project 02-07 — Approve Easement Acquisitions Item
Pulled
9. County Road D Realignment (West), Project 02-08 — "No Parking" Resolution
Adopted the following resolution approving a No Parking restriction on County Road D from
Highridge Court to Highway 61:
RESOLUTION 04-08-150
NO PARKING RESTRICTION
COUNTY ROAD D REALIGNMENT IMPROVEMENT, PROJECT 02-08
S.A.P. 138-020-29
S.A.P. 62-619-025
WHEREAS, the City of Maplewood and Ramsey County have approved the plans for the
construction of County Road D from Highridge Court to T.H. 61 along the new west alignment, and
WHEREAS, the City and County will be expending Municipal State Aid funds (MSA
Project 138-020-29) and County State Aid funds (CSAR Project 62-619-025) on the improvement of
said street; and
WHEREAS, said improvement does not conform to the approved minimum State Aid width
standard with unrestricted parking; and
WHEREAS, release of MSA funds is dependent on specified parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban
the parking of motor vehicles from the following locations:
1. Both the northeasterly and southwesterly sides of the new alignment of County Road
D, (S.A.P. 138-020-29 & S.A.P. 62-619-025) from Highridge Court to T.H. 61; and
2. Both the northerly and southerly sides of County Road D Court, (S.A.P. 138-020-29
& S.A.P. 62-619-025), from the new County Road D alignment to T.H. 61, a point 400 feet east
of the new County Road D alignment.
City Council Meeting 08-23-04
10. White Bear Avenue Sidewalk at Highway 36, City Project 02-19 - Resolution Approving
Conditions of MnDOT Limited Use Permit
Adopted the following resolution approving the Conditions of the Limited Use Permit with
the Minnesota Department of Transportation:
RESOLUTION APPROVING CONDITIONS OF THE LIMITED USE PERMIT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION 04-08-151
WHEREAS, the City of Maplewood wishes to construct a concrete pedestrian walkway within the
Trunk Highway 36 right of way along the east side of White Bear Avenue and
WHEREAS, the pedestrian sidewalk will be located within the corporate limits of Maplewood,
WHEREAS, the City of Maplewood has been granted an approved right of way permit for the
purpose of constructing said pedestrian walkway, pending receipt of a Resolution Approving the Limited
Use Permit required by the Commissioner of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THAT:
The City of Maplewood agrees to indemnify, save and hold harmless the State of Minnesota and its agents
and employees of and from the claims, demands, actions or causes of actions arising out of or by reason of
the granting of the Limited Use Permit. The City further assumes all liabilities, obligations or
responsibilities described in the Limited Use Permit and pertaining to the construction maintenance,
operations and supervision of the sidewalk, bituminous curb, modular block retaining wall, and utilities
located within the Trunk Highway 36 right of way.
11. Salary Range -IT Director
Approved the revised 2004 salary range for the non-union position of IT Director at $60,949-
$77,000.
12. Donation to Maplewood Police Reserves
Accepted a $500.00 donation for the Maplewood Police Reserves from the Ramsey County
Agricultural Society/Fair Board.
13. Safe & Sober Grant Resolution
Adopted the following resolution executing an agreement with the Minnesota Department of
Public Safety, Office of Traffic Safety, for the Safe and Sober Communities project:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 04-08-152
Be it resolved that the City of Maplewood Police Department enter into a grant agreement with
the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled
SAFE & SOBER COMMUNITIES during the period from October 1, 2004, through September 30,
City Council Meeting 08-23-04
2005.
The Chief of Police of the City of Maplewood Police Department is hereby authorized to execute
such agreements and amendments as are necessary to implement the project on behalf of the City
of Maplewood Police Department and to be the fiscal agent and administer the grant.
14. Church of St. Jerome — Temporary Gambling Resolution
Adopted the following temporary gambling resolution for the church of St. Jerome's on
September 19th:
RESOLUTION 04-08-153
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the temporary permit for lawful gambling is approved for the Church of St. Jerome.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit application as being
in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
15. Frontline Church — Carnival License Fee Waiver
Approved the temporary food sales and carnival permit for Frontline Church at 2055 White
Bear Avenue.
16. Housing and Redevelopment Authority -Concordia Arms
Adopted the following resolution authorizing the housing and redevelopment authority of the
City of Maplewood:
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 850
AN ORDINANCE AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF MAPLEWOOD
TO EXERCISE, ON BEHALF OF THE CITY OF MAPLEWOOD,
THE POWERS CONFERRED BY MINNESOTA
STATUTES, SECTION 462C.01 TO 462C.15.
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN:
City Council Meeting 08-23-04
The Housing and Redevelopment Authority of the City of Maplewood (the "Housing and
Redevelopment Authority") has been duly organized pursuant to Minnesota Statutes, Sections
469.001 to 469.047, as amended.
2. The legislature of the State of Minnesota has enacted Minnesota Statutes, Chapter 462C (the "Act")
to regulate the planning and implementation of single family housing programs and multifamily
housing developments and has provided for the financing of such programs and developments
pursuant to the terms of the Act.
3. Pursuant to the Act, a city is authorized to develop and administer programs of making or
purchasing mortgage or rehabilitation loans to finance the acquisition or rehabilitation of single
family housing by low and moderate income persons and families anywhere within its boundaries, or
making or purchasing loans to finance multifamily housing developments.
4. Pursuant to the Act, the City has the power to authorize a housing and redevelopment authority
acting within the City to exercise, on behalf of the City, the powers conferred by the Act.
Accordingly, the Housing and Redevelopment Authority of Maplewood is hereby authorized to
exercise on behalf of the City of Maplewood, all of the powers conferred by the Act for purposes of
issuing the $5,500,000 Housing Revenue Note, Series 2004 (Concordia Arms, Inc. Project) on which
the City Council has previously held a public hearing and given its preliminary approval on
November 24, 2003.
Councilmember Koppen moved to approve the Consent Agenda as presented.
Seconded by Councilmember Rossbach Ayes -All
H. PUBLIC HEARINGS
7:20 Hillside Estates (Springside Drive)
Preliminary Plat
Zoning Map Change - F (farm residence) to R-1 (single dwellings)
a. City Manager Fursman presented the report.
b. Planner Roberts presented specifics from the report.
Commissioner Mueller presented the Planning Commission Report.
d. Assistant City Engineer Cavett presented further specifics.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Daniel Billing, 2383 Linwood Avenue, Maplewood
Jacqueline Niccum, 2401 Linwood Avenue, Maplewood
Mayor Cardinal closed the public hearing.
City Council Meeting 08-23-04
Councilmember Koppen moved to adopt the following resolution changing the zoning map from
Farm Residence (F) to Single Dwelling Residential (R-1) for the proposed Hillside Estates plat:
ZONING MAP CHANGE RESOLUTION 04-08-154
WHEREAS, the City of Maplewood is proposing the following change to the City of Maplewood's
zoning map: Farm Residence (F) to Single -Family Residential (R-1).
WHEREAS, this change applies to the property located in between 2401 and 2425 Linwood Avenue
in Maplewood, Minnesota.
WHEREAS, the property is being platted into three single-family lots.
WHEREAS, the new legal description for the three new lots is as follows:
Lots 1 through 3, Block 1, Hillside Estates.
WHEREAS, the history of this change is as follows:
On August 16, 2004, the planning commission recommended that the city council approve the
rezoning change.
2. On August 23, 2004, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted the
public hearing whereby all public present were given a chance to speak and present written
statements. The council also considered reports and recommendations from the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change
in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code.
2. The proposed change will not substantially injure or detract from the use of neighboring property or
from the character of the neighborhood, and that the use of the property adjacent to the area included
in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community, where
applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire protection
and schools.
The owner plans to develop this property as single-family houses.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Koppen moved to approve the preliminary plat date stamped July 14, 2004 for the
City Council Meeting 08-23-04 8
proposed Hillside Estates plat.
Prior to final plat approval, the owner or developer must complete the following:
a. Have the city's engineering department prepare the final construction drawings as specified
in the city engineering department's August 5, 2004, engineering plan review.
b. Prepare and submit easement documents for the required utility and drainage easements to
city staff for approval.
Prior to issuance of a building permit for lots 1 through 3, the owner or developer must complete the
following:
a. Record the plat and utility and drainage easements.
b. Submit grading and drainage plans for each new lot to be approved by the city's engineering
department. The grading plan must reflect the preservation of as many large trees as
possible. All large trees removed from the three lots must be replaced one-for-one, not to
exceed 16 trees, as required by the city's tree preservation ordinance.
Seconded by Mayor Cardinal
L AWARD OF BIDS
None
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. Springside Drive, Project 03-36 — Resolutions for:
a. Approve Plans and Advertising for Bids
b. Order Assessment Roll
C. Ordering Assessment Hearing
a. City Manager Fursman presented the staff report.
Ayes -All
b. Assistant City Engineer Cavett presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution Approving Plans and Advertising
for bids for the Springside Drive Street Extensions, West of Sterling Street, Project 03-36:
RESOLUTION 04-08-156
APPROVING PLANS
City Council 08-23-04 9
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on August 9th, 2004, plans and
specifications for Springside Drive Extension, West of Sterling Street, City Project 03-36, have been
prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to
the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made a part hereof,
are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published twice, at least ten days before the date set for
bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered
by the council at 10:00 a.m. on the 17th day of September, 2004, at the city hall and that no bids shall be
considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable
to the City of Maplewood, Minnesota for five percent of the amount of such bid.
The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud
bids received at the time and place herein noted, and to tabulate the bids received. The council will consider
the bids, and the award of a contract, at the regular city council meeting of September 27, 2004.
Seconded by CouncilmemberMonahan-Junek Ayes -All
Councilmember Koppen moved to adopt the following resolution Ordering the Assessment Roll for
the Springside Drive Street Extensions, West of Sterling Street, Project 03-36:
RESOLUTION 04-08-157
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the Springside Drive Extension,
West of Sterling Street, City Project 03-36.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the
streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such
proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof.
Seconded by CouncilmemberMonahan-Junek Ayes -All
Councilmember Koppen moved to adopt the following resolution ordering the Assessment Hearing
for the Springside Drive Street Extensions, West of Sterling Street, Project 03-36:
RESOLUTION 04-08-158
City Council 08-23-04 10
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment
roll for the Springside Drive Extension, West of Sterling Street City Project 03-36, and the said assessment
roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 13th day of September 2004, at the city hall at 7:00 p.m. to
pass upon such proposed assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment
to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the
owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that
written or oral objections will be considered.
Seconded by Councilmember Monahan-Junek Ayes -All
2. Feed Products and Service (13 00 McKnight Road North)
a. Conditional Use Permit Review
b. License Agreement
a. City Manager Fursman presented the staff report.
b. Planner Roberts presented specifics from the report.
Councilmember Koppen moved to review the conditional use permit for Feed Products and Service
at 1300 McKnight Road again in one year or sooner if a problem arises or if the owner proposes a
significant change to the site.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Koppen moved to approve the licensing agreement for Feed Products and Service at
1300 McKnight Road and to ,give permission to the city to have the city crews and equipment cross
the property.
Seconded by Councilmember Juenemann Ayes -All
Pawn Shop Ordinance — First Reading
a. City Manager Fursman presented the staff report.
b. Police Chief Thomalla presented specifics from the report.
Councilmember Koppen moved to adopt the following first reading of the Pawn Shop Ordinance:
City Council 08-23-04 11
Maplewood Automated Pawn System Ordinance 851
Purpose. The city council finds that use of services provided by pawnbrokers provides an opportunity for
the commission of crimes and their concealment because pawn businesses have the ability to receive and
transfer property stolen by others easily and quickly. The city council also finds that consumer protection
regulation is warranted in transactions involving pawnbrokers. The city council further finds that the pawn
industry has outgrown the city's current ability to effectively or efficiently identify criminal activity related
to pawn shops. The purpose of this article is to prevent pawn businesses from being used as facilities for the
commission of crimes, and to assure that such businesses comply with basic consumer protection standards,
thereby protecting the public health, safety, and general welfare of the citizens of the city.
To help the police department better regulate current and future pawn businesses, decrease and stabilize
costs associated with the regulation of the pawn industry, and increase identification of criminal activities in
the pawn industry through the timely collection and sharing of pawn transaction information, this ordinance
also implements and mandates the use of the automated pawn system (APS).
Definitions. When used in this ordinance, the following words shall mean:
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
article shall be applicable.
Reportable transaction. Every transaction conducted by a pawnbroker in which merchandise is
received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or
redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale
software, or an item is confiscated by law enforcement, is reportable except:
(1) 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.
(2) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which
all applicable hold and/or redemption periods have expired.
Billable transaction. Every reportable transaction conducted by a pawnbroker is a billable transaction
except renewals, redemptions or extensions of existing pawns on items previously reported and
continuously in the licensee's possession, voided transactions, and confiscations.
License fees:
(a) The annual license fees for licenses issued under this article shall be imposed, set, established and fixed
City Council 08-23-04 12
by the city council by resolution from time to time reflecting a reasonable estimate of the actual costs of
administering, processing and investigating the license application, as determined by the city council.
(b) 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.
(c) Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days.
Failure to do so is a violation of this article.
Application required.
(a) (Contents.) An application form provided by the department of licenses and consumer services must be
completed by every applicant for a new license or for renewal of an existing license. Every new applicant
must provide all the following information:
(1) If the applicant is a natural person:
a. The name, place and date of birth, street resident address, and phone number of applicant.
b. Whether the applicant is a citizen of the United States or resident alien.
c. 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 used.
d. 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.
e. The street address at which the applicant has lived during the preceding five (5) years.
f. 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 proceeding five (5) years.
g. 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 must furnish information as to the time, place, and offense
of all such convictions.
h. The physical description of the applicant.
City Council 08-23-04 13
i. Applicant's current personal financial statement and true copies of the applicant's federal and
state tax returns for the two (2) years prior to application.
j. If the applicant does not manage the business, the name of the manager(s) or other person(s) in
charge of the business and all information concerning each of them required in a. through h. of subdivision
(1) of this section.
(2) If the applicant is a partnership:
a. The name(s) and address(es) of all general and limited partners and all information concerning
each general partner required in subdivision (1) of this section.
b. The name(s) of the managing partner(s) and the interest of each partner in the licensed business.
c. 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 must be attached to the application.
d. A true copy of the federal and state tax returns for partnership for the two (2) years prior to
application.
e. If the applicant does not manage the business, the name of the manager(s) or other person(s) in
charge of the business and all information concerning each of them required in a. through h. of subdivision
(1) of this section.
(3) If the applicant is a corporation or other organization:
a. The name of the corporation or business form, and if incorporated, the state of incorporation.
b. 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, must be attached.
c. The name of the manager(s) or other person(s) in charge of the business and all information
concerning each manager, proprietor, or agent required in a. through h. of subdivision (1) of this section.
d. A list of all persons who control or own an interest in excess of five (5) percent in such
organization or business form or who are officers of the corporation or business form and all information
concerning said persons required in subdivision (1) above. This subdivision (d), however, shall not apply to
a corporation whose stock is publicly traded on a stock exchange and is applying for a license to be owned
and operated by it.
City Council 08-23-04 14
(4) For all applicants:
a. Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods
dealer license from any other governmental unit.
b. Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker,
precious metal dealer, or secondhand dealer license from any other governmental unit.
c. The location of the business premises.
d. If the applicant does not own the business premises, a true and complete copy of the executed
lease.
e. The legal description of the premises to be licensed.
f. 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.
g. Whenever the application is for premises either planned or under construction or undergoing
substantial alteration, the application must be accompanied by a set of preliminary plans showing the design
of the proposed premises to be licensed.
h. Such other information as the city council or issuing authority may require.
(b) New manager. When a licensee places a manager in charge of a business, or if the named manager(s)
in charge of a licensed business changes, the licensee must complete and submit the appropriate application
within fourteen (14) days. The application must include all appropriate information required in this section.
(1) An investigation fee shall be charged an applicant by the city in such amount as may be
imposed, set, established and fixed by the city council by resolution from time to time reflecting an
amount equal to the cost of the investigation to assure compliance with this article.
(c) Application execution. All applications for a license under this article must be signed and sworn to
under oath or affirmation by the applicant. If the application is that of a natural person, it must 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.
(d) Investigation. The police department must investigate into the truthfulness of the statements set forth
in the application and shall endorse the findings thereon. The applicant must furnish to the police license
inspector such evidence as the inspector may reasonably require in support of the statements set forth in the
City Council 08-23-04 15
application.
(e) Public hearing. The council member may request a public hearing at council, or in the evening hours
at a location in the approximate vicinity of the proposed location.
(f) Persons ineligible for a license. No licenses under this article will be issued to an applicant who is a
natural person, a partnership if such applicant has any general partner or managing partner, a corporation or
other organization if such applicant has any manager, proprietor or agent in charge of the business to be
licensed, if the applicant:
(1) Is a minor at the time that the application is filed;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a licensee under this article as prescribed by
Minnesota Statutes, Section 364.03, Subd. 3; or
(3) Is not of good moral character or repute.
Bond required. Before a license will be issued, every applicant must submit a five thousand dollar
($5,000.00) bond on the forms provided by the licensing authority. All bonds must be conditioned that the
principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto,
and that the principal will account for and deliver to any person legally entitled any goods which have come
into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the
reasonable value in money to the person. The bond shall contain a provision that no bond may be canceled
except upon thirty (30) days written notice to the city, which shall be served upon the licensing authority.
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.
City Council 08-23-04 16
(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 any of the following forms of identification of the
seller:
a. Current valid Minnesota driver's license.
b. Current valid Minnesota identification card.
c. Current valid photo identification card issued by another state or province of Canada.
(7) The signature of the person identified in the transaction.
(8) Effective sixty (60) days from the date of notification by the police department of acceptable video
standards 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.
The required photograph 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.
(9) Digitized photographs. Effective sixty (60) days from the date of notification by the police
department licensees must fulfill the color photograph requirements in section (RECORDS REQUIRED) (8)
by submitting them as digital images, in a format specified by the issuing authority, 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 alter or amend the requirements in
City Council 08-23-04 17
subdivision (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.
(11) 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. 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
ninety (90) days.
Daily reports to police. (a) Effective no later than sixty (60) days after the police department provides
licensees with the current version of the Automated Pawn System Interchange File Specification, licensees
must submit every reportable transaction to the police department daily in the following manner:
(1) Licensees must provide to the police department all reportable transaction information by
transferring it from their computer to the Automated Pawn System via modem using the current version of
the Automated Pawn System Interchange File Specification. 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 issuing authority. Any transaction that does not meet the Automated Pawn System
Interchange File Specification must be corrected and resubmitted the next business day. The licensee must
display a sign of sufficient size, in a conspicuous place in the premises, which informs patrons that all
transactions are reported to the police department daily.
(b) Billable transaction fees. Licensees will be charged for each billable transaction reported to the police
department.
(1) If a licensee is unable to successfully transfer the required reports by modem, the licensee must
provide the police department, upon request, printed copies of all reportable transactions along with the
video tape(s) for that date, by noon the next business day;
(2) 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 continue to provide the required reports as detailed
in section (DAILYREPORTS TO POLICE) (b)(1), and must be charged a fifty dollar ($50.00) reporting
failure penalty, daily, until the error is corrected; or
(3) If the problem is determined to be outside the licensee's system, the licensee must continue to
provide the required reports in (DAILYREPORTS TO POLICE) (b)(1), and resubmit all such transactions
via modem when the error is corrected.
(4) If a licensee is unable to capture, digitize or transmit the photographs required in (RECORDS
REQUIRED) (9), the licensee must immediately take all 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.
City Council 08-23-04 18
(5) 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.
(6) (DAILYREPORTS TO POLICE) (b) (1) through (3) notwithstanding, the police department may,
upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.
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 pledger 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 pledger or seller.
(10) The identification number and state of issue from any of the following forms of identification of
the seller:
a. Current valid Minnesota driver's license.
b. Current valid Minnesota identification card.
City Council 08-23-04 19
Current valid photo driver's license or identification card issued by another state or province of
Canada.
(11) Description of the pledger or seller including approximate sex, height, weight, race, color of eyes
and color of hair.
(12) The signature of the pledger or seller.
(13)All printed statements as required by state statute 325J.04 subdivision 2, or any other applicable
statutes.
Redemption period.
Any person pledging, pawning or depositing an item for security must have a minimum of ninety (90) 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
(BUSINESS AT ONLY ONE PLACE). 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
pledger at the time of the initial transaction and signed by the pledger, or with approval of the police license
inspector. Written authorization for release of property to persons other than original pledger must be
maintained along with original transaction record in accordance with (RECORDS REQUIRED) (10).
Holding period.
Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty
(30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after
the item was received on deposit, excluding Sundays and legal holidays.
Police order to hold property. (a) Investigative hold. Whenever a law enforcement official from any
agency 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 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 section [b] (POLICE ORDER TO
HOLD) below, whichever comes first.
(b) Order to hold. Whenever the chief of police, or the chief s designee, notifies a licensee not to sell an
item, the item must not be sold or removed from the licensed premises until authorized to be released by the
chief or the chief s designee. The order to hold shall expire ninety (90) days from the date it is placed unless
the chief of police or the chief s designee determines the hold is still necessary and notifies the licensee in
writing.
(c) Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the chief or chief s
designee may:
City Council 08-23-04 20
(1) Physically confiscate and remove it from the shop, pursuant to a written order from the chief or the
chief s designee, or
(2) Place the item on hold or extend the hold as provided in (POLICE ORDER TO HOLD PROPERTY)
(b), and leave it in the shop.
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.
Inspection of items. 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 (BUSINESS AT ONLY ONE PLACE), 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 article or other applicable laws.
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 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.
Prohibited acts. (a) No person under the age of eighteen (18) years may pawn or sell or attempt to pawn
or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of
eighteen (18) years.
(b) No licensee may receive any goods from a person of unsound mind or an intoxicated person.
(c) No licensee may receive any goods, unless the seller presents identification in the form of a valid
driver's license, a valid State of Minnesota identification card, or current valid photo driver's license or
identification card issued by the state or providence of residency of the person from whom the item was
received.
(d) No licensee 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.
(e) No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor
shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with
City Council 08-23-04 21
permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of
property in which another has a security interest; with any licensee.
(f) No person seeking to pawn, pledge, sell, consign, 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 or altered identification, or the identification
of another; to any licensee.
Denial, suspension or revocation. Any license under this article may be denied, suspended or revoked for
one or more of the following reasons:
(1) The proposed use does not comply with the any applicable zoning code.
(2) The proposed use does not comply with any health, building, building maintenance or other
provisions of the Maplewood Code of Ordinances, or state law, or other lawfully enacted legal authority.
(3) The applicant or licensee has failed to comply with one or more provisions of this article.
(4) 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.
(5) Fraud, misrepresentation or bribery in securing or renewing a license.
(6) Fraud, misrepresentation or false statements made in the application and investigation for, or in the
course of, the applicant's business.
(7) Violation 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.
(8) The owner of the premises licensed or to be licensed would not qualify for a license under the terms
of this article.
Business at only one place. A license under this article authorizes the licensee to carry on its business
only at the permanent place of business designated in the license. However, upon written request, the police
license inspector may approve an off-site locked and secured storage facility. The licensee shall permit
inspection of the facility in accordance with (INSPECTION OF ITEMS). All provisions of this article
regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in
compliance with all provisions of the city code. The licensee must either own the building in which the
business is conducted, and any approved off-site storage facility, or have a lease on the business premise
that extends for more than six (6) months.
Separability. Should any section, subsection, clause or other provision of this article be declared by a
City Council 08-23-04 22
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 so declared invalid.
Seconded by Councilmember Juenemann Ayes -All
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
Change of Meeting Date (Due to League of Minnesota Cities Conference)
Councilmember Koppen moved to change the October 11th City Council meeting date to
Thursday, October 14th, 2004.
Seconded by Councilmember Juenemann Ayes -All
2. Maplewood Post Office -Mayor Cardinal would like to see an attempt made to implement a
Post Office in the area of Legacy Village.
3. 800 MHz-Councilmember Juenemann provided an update of the recent meetings, which
focused on the current status of locations, towers and equipment.
4. South Leg Meeting-Councilmember Rossbach stated that there would be a South Leg
Meeting on Thursday, September 27th at the Fire Station on Londin Lane.
5. Volunteer Picnic-Councilmember Juenemann announced that the annual appreciation picnic
for city commission members and volunteers will be held on Wednesday, September 15th at
Battle Creek Park.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 8:15 p.m.
Seconded by Councilmember Juenemann Ayes - All
City Council 08-23-04 23
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF MAPLEWOOD
TO EXERCISE, ON BEHALF OF THE CITY OF MAPLEWOOD,
THE POWERS CONFERRED BY MINNESOTA
STATUTES, SECTION 462C.01 TO 462C.15.
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN:
The Housing and Redevelopment Authority of the City of Maplewood (the "Housing and
Redevelopment Authority") has been duly organized pursuant to Minnesota Statutes, Sections
469.001 to 469.047, as amended.
2. The legislature of the State of Minnesota has enacted Minnesota Statutes, Chapter 462C (the "Act")
to regulate the planning and implementation of single family housing programs and multifamily
housing developments and has provided for the financing of such programs and developments
pursuant to the terms of the Act.
3. Pursuant to the Act, a city is authorized to develop and administer programs of making or
purchasing mortgage or rehabilitation loans to finance the acquisition or rehabilitation of single
family housing by low and moderate income persons and families anywhere within its boundaries,
or making or purchasing loans to finance multifamily housing developments.
4. Pursuant to the Act, the City has the power to authorize a housing and redevelopment authority
acting within the City to exercise, on behalf of the City, the powers conferred by the Act.
Accordingly, the Housing and Redevelopment Authority of Maplewood is hereby authorized to
exercise on behalf of the City of Maplewood, all of the powers conferred by the Act for purposes of
issuing the $5,500,000 Housing Revenue Note, Series 2004 (Concordia Arms, Inc. Project) on
which the City Council has previously held a public hearing and given its preliminary approval on
November 24, 2003.
Adopted this day of , 2004.
Mayor
ATTESTED:
City Clerk