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02/14/2000 - 4677OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING FEBRUARY 14, 2000 � arror FRIDLEY FRIDLEY CITY COONCIL MEETING ATTENDENCE SHEET Manday, �ebnualcy 14, 2000 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS _ , _._.. � �y�C - , .� ��� ' l � i % ��� .� � r�' / . . � � � ,� ,, �►�-' -� c� 1 S v- � ��fU I't'1 �i�vr� i�--1 vF �� ��, 5� ���.c.�✓��t � �� ��' �� S � � � �t • � , � � . � ..�. � %'tz-.� ,, � ,V,�.� � �� �/ U _ , ITEM NUMBER � � CITY COUNCIL MEETING OF FEBRUARY 14, 2000 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or � treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public � assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of February 7, 2000 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Adding Approved Sites to Chapter 205, "Zoning," Telecommunications Towers ........................................................ 1 - 2 NEW BUSINESS: . 2. Receive Bids and Award Contract for the Repair of Well Nos. 3 and 4 - ............................................... 3 4 � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 2 - APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. First Reading of an Ordinance Repealing Chapter 31 of the Fridley City Code in its Entirety and Adopting a. New Chapter 31, Entitled "Pawn Shops" and Amending � Chapter 11 of the Fridley City Code Entitled ' "General Provisions and Fees" - ..................................................... 5 23 0 a 4. Resolution Supporting the Redesignation of TH65 as an Expansion Route in the State Transportation Plan ............................................................. 24 - 25 5. Resolution Adopting the Minnesota General Records Retention Schedule for Cities....................................................................................... 26 - 34 6. Resolution Designating a New Polling Location for Ward 1, Precinct 4 .................................................... 35 - 36 , 7. Resolution Affirming that all Proposed Telecommunications Legislation Retains Local Franchising Authority .......................................................... 37 - 39 � � � . FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 3 APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Motion Authorizing Staff to Advertise for Bids for 2000 Playground Upgrades, Project No. 328 ....................................................................................... 40 - 41 9. Establish a Public Hearing for March 6, 2000, to Adopt a Spending Plan for the Excess Police Pension Residual Assets ....................................... 42 - 43 10. Claims ....................................................................................... 44 11. Licenses ....................................................................................... 45 12. Estimates ...................................................................................... 46 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 4 ' PUBLIC HEARING: 13. Street Improvement Project No. ST. 2000 —1 ............................... 47 - 48 NEW BUSINESS: 14. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 2000 —1 ..............................:........................................... 49 - 50 15. Informal Status Reports ................................................................ 51 ADJOURN. .� � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 � z�i�d.%J � � ~ � � C7TY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treahnent, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: � 1-� � `j �-'� �� � City Council Meeting of February 7, 2000 � ., i �� �c� W� � ; � � ,i`� R )�� ��' � � v�'� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Supporting the Redesignation � r� of TH65 as an Expansion Route in the �v State Transportation Plan ........... 24 - 25 �� C��� �� APPROVAL OF PROPOSED CONSENT AGENDA: �,�ti S�j � ]�� \� OLD BUSINESS: � G � �. � I `T .._, � 1. Second Reading of an Ordinance to Amend� tl� ,�;�yV City Code of the City of Fridley, Minnesota, by �`j°t"' Adding Approved Sites to Chapter 205, "Zoning," Telecommunications Towers ....... 1 - 2 NEW BUSINESS: 2. Receive Bids and Award Contract for the Repair of Well Nos. 3 and4..................................3-4 �� �� - 3. First Reading of an Ordinance Repealing ,� J,�� Chapter 31 of the Fridley City Code in its ��/`� Entirety and Adopting a New Chapter 31, ���I� � Entitled "Pawn Shops" and Amending Chapter 11 of the Fridley Ciry Code Entitled "General Provisions and Fees" .... 5- 23 Resolution Adopting the Minnesota General Records Retention Schedule for Cities ............... ................... 26 - 34 �" � ��� f1,�1� _ . . ; _ __-- �� � �1 ,6� Resolution Designating a New Polling Location for Ward 1, Precinct 4... 35 - 36 f(% � (?, ��-.q�.� ( � G� ,%�;.�2' �;-� �-� f �t � �,�z �,,� � �� � ,Y. Resolution Affirming that all Proposed �Q Telecommunications Legislation Retains I Local Franchising Authority ......... 37 - 39 ���/�b 8. Motion Authorizing Staff to Advertise for Bids for 2000 Playground Upgrades, Project No. 328 ................................... 40 - 41 ., . �, _ FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: NEW BUSINESS (CONTINUED): 14. Resolution Ordering Final Plans and � O Specifications and Estimates of Costs 9. Establish a Public Hearing for March 6, Thereof: Street Improvement Project 2000, to Adopt a Spending Plan for the No. ST. 2000 —1 ......................... 49 - 50 Excess Police Pension Residual � ,q- Assets .................................. 42 - 43 ��� f� 1�j 51 � ��'.��� � � 10. Claims ................................... 44 �' 11. Licenses ................................... 45 �� , 12. Estimates .... .............................. 46 �1� � 15 Informal Status Reports .............. 51 ADJOURN. �� ��-�'--� �� � � ADOPTION OF AGENDA. Q ���� `f\ ,r�� �s 9,j�`�r� w��o�� ��� c;�-�'_' � /� OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) PUBLIC HEARING: S �j j� U��'` �' �� 13. Street Improvement Project No. ST. 2000 —1 ................................... 47 - 48 S�3 � �> ��v� �.� THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 2000 0 THE MINtiTES OF THE REGUI:AR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 7, 2000 The Regular vleeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:37 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: Councilmember Bolkcom. STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PRESENTATION: Barbara Warren - Values First Program Ms. Warren, from the Values First Program, stated that she wanted to thank the City of Fridley for their support of this program. She said it had been a very fun ten months to watch this organization develop. They have been doing many projects and spent a lot of time figuring out where they are going to and what they are going to do in the year 2000. They want to spend time on public relations, visibility, their image and getting the message out. Ms. Warren stated that in the year 1999, they brought a speaker to the middle school about character building. It was on respect and responsibility and the reaction of the students showed that he made an impact. They also held an event at Medtronic on sports violence. Ms. Warren stated that she wanted to unveil the Values First mascot. The Values First mascot, Val the Bear, came out to meet Council. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 2000 PAGE 2 . Ms. Warren stated that the mascot was put together to place a little lighter note on the program so Val, the mascot, can go out to different community events to visit with everybody. If anyone has any questions about the Values First program they can give her a ca1L Councilmember Barnette stated that this program has gone in the right direction. Sports violence is seen in the community and it is important to make the point that you can be involved in competitive hard-hitting sports without letting it become violent. They are trying to tie in the Values First logo with as many programs as they can. Mayor Jorgenson thanked Ms. Warren and Val the mascot for coming and stated that the Values First program fits right in with their core values. APPROVAL OF MINUTES: Citv Council Meetin� of Januar�24. 2000 MOTION by Councilmember Barnette to approve the January 24, 2000 City Council meeting minutes. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF JANUARY 19, 2000: RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF JANUARY 19, 2000. 2. SPECIAL USE PERMIT, SP #99-13. BY VERN HALDORSON, FOR A PROPOSED STORAGE BUILDING. GENERALLY LOCATED AT 514 DOVER STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that the request comes from Vern Haldorson for a 528 square foot accessory structure. Since the structure is within the combined square footage for garage a.nd accessory structures that is allowed by our code, and since the accessory structure is well suited for the site, staff recommended Planning Commission approval. The Planning Commission gave their unanimous approval to this action at their January 19, 2000 meeting, subject to five stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #99-13, BY VERN HALDORSON WITH THE FOLLOWING FIVE STIPULATIONS: 1) At staff s discretion, inspections will be conducted of the yard area between the street and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed by the petitioner within three months of receiving such notice from the � City; 2) All necessary permits shall be obtained from the City prior to construction; 0 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 2000 PAGE 3 3) The structure shall not be used for a home occupation; 4) All vehicles shall be stored on a hard surface as approved by the City; 5) The siding and roof materials shall continue to match the exterior of the existing home. 3. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR MB PROPERTIES. GENERALLY LOCATED AT 8251 MAIN STREET N E (WARD 31: Mr. Burns; City Manager, stated that the property owner, Mr. Joseph Martens requested that his comprehensive sign plan be amended to allow logos. He make this request on behalf of a new tenant, Motorcycle Safety Center. Staff recommended approval of the amendment, subject to following stipulations: APPROVED AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR MB PROPERTIES WITH THE FOLLOWING STIPULATIONS: 1) Total signage for tenant's, with logo, not exceed the total square footage allowed for signage; 2) All businesses in building shall obtain sign permits prior to any modifications or replacement of existing signs; and 3) All logos shall be secondary to the individually lettered signs. Logos shall not exceed 24 inches in height. 4. APPROVE 2000 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION: Mr. Burns, City Manager, stated that the Planning Commission and Appeals Commission calendars for 2000 have been reviewed and approved by the two commissions. Staff recommended Council's approvaL APPROVED 2000 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION. 5. RESOLUTION NO. 15-2000 REVISING THE AGREEMENT LANGUAGE OF A GRANT IN THE AMOUNT OF $5,000 TO ELIM TRANSITIONAL HOUSING INC. AND AUTHORIZING EXECUTION OF A REVISED GRANT AGREEMENT: Mr. Burns, City Manager, stated that in June of 1998 Council approved a grant of $5,000 from unused Section 8 housing funds to Elim Transitional Housing. The grant was to be used by Elim for loans to assist low income housing candidates to retire debt on Unlawful Detainers (UD's). Late last year, Staff determined that Elim had not spent any of the grant money. Elim pointed out that they had not had a candidate that meets the profile contained in our grant agreement language. They also pointed out that other issues were more prevalent in keeping individuals from suitable housing. In response to these discussions, we are proposing that Council accept language changes to our agreement with Elim that would broaden the scope of allowable loans to those in need of affordable housing. In addition to loans for UD's, we are suggesting that the loans be allowed for paying utility deposits and old utility bills, telephone hook-ups and old telephone bills, car repairs, and housing application fees. Staff recommends Council's concurrence in these changes. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2000 ___ __ PAGE 4 - ADOPTED RESOLUTION NO. 15-2000. 6. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 91630 THROUGH 91871. 7. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 8. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of November 1999 $ 17,692.00 ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM. VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. No persons in the audience came forward. PUBLIC HEARING: 9. ZONING TEXT AMENDMENT. ZTA #99-03, BY TELEMETRY AND PROCESS CONTROLS INC. TO ADD WIRELESS TELECOMMUNICATION FACILITIES AND EQUIPMENT FOR MINNEAPOLIS WATERWORKS' OWN USE, GENERALLY LOCATED AT 4500 MARSHALL STREET N.E. (WARD 31: MOTION by Councilmember Barnette to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. . _ FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7. 2000 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. Mr. Hickok, Planning Coordinator, statecl that the petitioners are seeking to add the Minneapolis Waterworks site at 4500 Marshall Street and the Minneapolis Waterworks Pump Station No. 3, which is at the northwest corner of East River Road and 37"' Avenue as approved locations for telecommunications towers. It is necessary to allow the Minneapolis Waterworks to monitor and change settings on pump stations from a central location adjacent to the pump stations. Fridley towers are just a portion of the larger remote monitoring systems. Posts will utilize a stealth design for this application. The Minneapolis Waterworks site is along the river at the southwest corner of the City. It is a large site. Mr. Hickok stated that electrical site plans will be received by the petitioners as they come forward. Pump Station No. 3 is in a public right-of-way. Pump Station No. 1 is along the river and is of a stealth design, to not call attention to itself. Mr. Hickok stated that at the January 13, 2000, Planning Commission meeting public hearing was held, and a motion to recommend approval of the zoning request passed unanimously. Staff recommended that Council hold a public hearing this evening, and if Council feels appropriate, to amend Appendix A, Chapter 205, of the Zoning Code to allow this as an approved location with two stipulations. 1) Petitioner shall obtain the necessary permits/permission from Anoka County necessary to locate tower in right-of-way near Pump Station No. 3. 2) All poles shall be of a stealth design. Pole near Pump Station 33 shall resemble a street light structure and shall have a light fixture installed approved by City staff. This will be the first application in a public right-of-way and they are concerned about it setting a standard. They want it to look like a light fixture and have the characteristic of something other than a telecommunications tower. The petitioner is not here this evening. Mr. Burns asked Mr. Hickok what a stealth design is. Mr. Hickok stated that it is one that takes into account the background and characteristics of the area where it is being positioned. If it would be set against trees, a stealth design would allow it to disappear into the trees and be painted the same color as the tree trunks. Along the power line, they did have a telecommunications site receive a special use permit. That related to its surrounding by trying to blend with the NSP power uprights in its background. The telecommunications borrowed stealth from the military to basically make it disappear into its surroundings. Councilmember Barnette stated that he remembers that the Minneapolis Waterworks was one of the sites for the telecommunication tower. He asked if these are applicable to that and if they are going to be positioning another pole on the same site. Mr. Hickok stated that they asked the telecommunications representatives to provide a facility that would allow co-location and a minimum of three users per site. As they worked with the RF engineers to determine what coverage was appropriate for the City, they felt that if they had thirteen locations they would provide 39 potential sites scattered about the City. That, combined with an opportunity for special use permits, was a very nice coverage for the City, and that the industry should respond favorably. With this one, they are not asking for a location to lease out to other users. It is specific. Their use, and the first choice would have been to put the . FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 2000 PAGE 6 equipment on the building, but it needs to be next to their pump station. A 25-foot tower is all they need to get the site line from one location to the next. Councilmember Barnette stated that this excludes them from being one of the larger towers. Mr. Hickok stated that was correct. Councilmember Barnette asked what the nearest site in the City would be next to the taller poles. Mr. Hickok stated that the Navy site is approved, Wellhouse No. 13 is an approved site and also the Wickes site. Mayor Jorgenson asked if there was any member of the public that wished to address the CounciL No persons in the audience spoke. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:00 P.M. 10. APPROVE YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION (TABLED JANUARY 24, 20001: Mayor Jorgenson stated that this was tabled until they received more information regarding the Park and Recreation Scholarship Fund. MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson stated that they were supposed to have had a conference meeting on January 31 but did not have it due to Mr. Nee's funeral. That conference meeting has been rescheduled for this Wednesday night, January 9, 2000. Mayor Jorgenson stated that Councilmember Bolkcom stated she has no further questions regarding this scholarship program. There is a 4.59 percent reduction from the City's housing and rehabilitation activities. For ACCAP, Alexandria House, Fridley Recreation Department, Fridley's Senior Programming, and SACA there has been a 5.40 percent reduction. There were approximately 111 families for the Fridley Recreation Program. This program did allow children of a very low family income level to participate in some programs. MOTION by Councilmember Barnette to approve the Year 2000 Community Development Block Grant Application. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 2000 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY ADDING APPROVED SITES TO CHAPTER 205, ��ZONING," TELECOMMUNICATIONS TOWERS• Mayor Jorgenson stated that this was discussed previously in Item No. 9. MOTION by Councilmember Billings to adopt the ordinance to amend the City code of the City of Fridley, Minnesota, by adding approved sites to Chapter 205, "Zoning," Telecommunications Towers. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that she wanted to express her condolences to the Nee family. Mr. Nee, former Mayor, was a tremendous leader in the City of Fridley and had wonderful vision. Councilmember Barnette stated that his funeral service was an appropriate service. He stated that Mr. Nee was a very good man. Mayor Jorgenson stated that the service was a celebration of his life. Mr. Burns stated that the items for discussion at the conference meeting include several chapters for the Comprehensive Plan. They will be meeting downstairs due to the Appeals Commission meeting in the Council Chambers. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE FEBRUARY 7, 2000 CITY COUNCIL MEETING ADJOURNED AT 8:10 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor : AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2000 CfiY OF FRIDLEY , Date: 2/8/00 To: William Burns, City Manager��� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Second Reading of ZTA #99-03, "Approved Sites" for Wireless Communication Towers and Facilities M-00-25 INTRODUCTION TPC, Inc. & the City of Minneapolis are seeking to add the Minneapolis Water Works site (4500 Marshall Street� and the Minneapolis Water Works Pump Station #3 (NW Corner of East River Road & 37 h Avenue) as approved locations for Telecommunication Towers. The first reading of this zoning text amendment was held on Feb�uary 7, 2000. PLANNING COMMISSION ACTION At the January 19, 1999 Planning Commission meeting, a public hearing was held for ZTA 99-03. After reviewing the proposal, a motion was made to recommend approval of the zoning text amendment request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold the second reading of the ordinance to amend the zoning text of Appendix A of Section 205.29, adding the Minneapolis Water Works to the list of approved telecommunications tower sites. 1 ORDINANCE NO. 1127 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY ADDING APPROVED SITES TO CHAPTER 205 "ZONING", TELECOMMUNICATIONS TOWERS, SECTION 205.30, APPENDIX A. THE CITY COUNICL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 205.30 Telecommunications Towers and Facilities District, Appendix A, of the Fridley City Code is hereby amended as hereinafter indicated. The following locations are zoned to and have been determined to be Approved Sites for the installation of Towers or Wireless Telecommunications Facilities. • Municipal Garage or Recycling Center • Community Park • Edgewater Park • Fridley Reservoir along Matterhorn Drive • Fridley Water Tower in Locke Park • Fridley Commons Water Tower on 615` Avenue • Well #13 • Commons Park • Onan Corporation • AIITemp Storage • Agro-K • FMC Water Tower • Undeveloped City right-of-way south of 694 • Minneapolis Water Works • Minneapolis Water Works Pump Station PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF FEBRUARY, 2000 ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading Published: February 7, 2000 February 7, 2000 February 14, 2000 February 24, 2000 Z NANCY J. JORGENSON, MAYOR .. CITY OF FRIDLEY MEMORANDLIM TO: William Burns, Ciry Manager �� � FROM: John F1ora,�Director of Public Works Paul E. Lawrence, Superintendent of Public Works DATE: February 8, 2000 SUBJECT: Repair of Wells Number 3 and 4 On February 7, the City received and opened bids from three well companies for the repair of wells number 3 and 4. Bid Summarv Well /# 3 Keys Well Drilling St. Paul Bergerson-Caswell Maple Plain Mark Traut Wells Waite Park Well �# 4 Keys Well Drilling St. Paul Bergerson-Caswell Maple Plain Bid Amount $28,216.00 $33,266.00 $39,962.00 $26,704.00 $28,601.00 �- 3 Start Finish 3/15/00 4/30/00 3/15/00 4/30/00 3/15/00 4/30/00 3/15/00 4/30/00 3/15/00 4/30/00 February 8, 2000 Page 2 Mark Traut Wells $35,980.00 3/15/00 4/30/00 Waite Park The City has budgeted $60,000.00 for the repair of Wells Number 3 and 4. Recommend the City Council award the well repair to Keys Well Drilling, St. Paul, MN in the amount of $28,216.00 for Well Number 3 and $26,704.00 for Well Number 4. The well repairs were bid separately and may require two separate Council actions. � ///; "_"-' ;" : Q %�\\ , i ;.�;'� �, ,, �;:: � ,; �,,,�.��� ,� � Fridley Police Department Memorandum h To: William W. Burns ,����ti�" From: Dave Saliman Y Date: February 10, 2000 Re: Pawn Shop Ordinance The police department is proposing a change to Ordinance #31 (Pawn Shops) in order to facilitate participating in the Minneapolis Automated Pawn System (APS). We are proposing that the existing ordinance be repealed and a new one adopted. We have contacted the two existing pawn shops in the City. This system is in place in their stores in other cities and they have no problems with it. They did ask for adequate notice (up to one month) and expressed concern with the current fee structure. We are proposing a change to Chapter 11 (fees) to $3,000 plus $1.50 per transaction. This addresses our needs, is similar to other cities participating in APS, and is acceptable to the Pawn Shops. The specific changes include by paragraph: 31.001 A"Purpose" section was added explaining the need for the ordinance and requiring the use of APS. 31.01(3) Wording was added to further define the specific transactions which could take place in a"Pawn Shop". The APS has specific fields which use these terms. (6) A definition was added to explain the term "Reportable Transaction". (7) A definition was added to explain the term "Billable Transactions". (8) The term "Acceptable Identification" is defined. 31.03(6) Requirement to have "new managers" register. 31.07 The old section (1) is deleted which identified the old classifications which are no longer used. The requirement to pay the "billable transaction" replaces the old section (1). 31.08(3) The section on "Renewal Fees was changed to acknowledge the new fee structure. It is no longer necessary for a yearly adjustment due to number of transactions. 31.11(1) Requirement of licensee to record "any reportable transaction...". Change in language to recognize new terms and the requirement to photograph or record each item with out an identification number There was also an addition (J) relative to the requirement to provide the original identifier with an item when there is an extension, etc. � 5 0 31.11(4) The requirement to label all reportable transactions. 31.11(5) The section on receipts is expanded relative to the amount of information that must be included. 31.11(6) This section has been changed to reflect the use of APS via modem. Chapter 11 is changed to reflect the annual License Fee of $3,000 and the Monthly Transaction Fee of $1.50 per transaction. � t Ordinance No. AN ORDINANCE REPEALING CHAPTER 31 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND ADOPTING A NEW CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 31 of the Fridley City Code entitled "Pawn Shops" be hereby repealed in its entirety and replaced with the language in Section 2 of this ordinance. Section 2 That Chapter 31 of the Fridley Code entitled "Pawn Shops" be hereby replaced with the following language: 31.01. PURPOSE T'he City Council finds that the use of services provided by pawnbrokers provides an opportuniiy for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer properiy stolen by others easily and quickly. The City Council also fmds that consumer protection regulation is warranted in transactions involving pawnbrokers. They 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 chapter 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 welfaze 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 chapter also implements and establishes the required use of the Automated Pawn System (APS). 31.02. DEFINITIONS The following words and terms when used in this Chapter shall have the following meanin.�s�. 1. Licensee. The person, corporation, partnership, or association to whom a license is issued under this Chapter including any agents or employees of the person, corporation, partnership, or association. � Chapter 31 Minor. Any natural person under the age of eighteen (18) years Pawnbroker. Page 2 A person, corporation, partnership, or association who loans money on deposit or pledge of personal property or other valuable thuigs or who deals in the purchasing of personal property or other valuable things on condrtion of selluig the same back a ain at a stipulated price or who loans money secured by secunty interest on personal property or any part thereof To the extent that a pawnbroker's business includes buying personal property previously used, rented or leased, or sellmg it on consignment, the provisions of this chapter sha11 be applicable This Chapter does not apply to a person, corporation, partnership, or association doing business under and as permitted by any law of tlus State or of the Uruted States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions 4. Public Safety Director. The Public Safety Director of the City of Fridley or the Director's designee 5. City. The City of Fridley, Minnesota, a municipal corporation 6. 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, redeemed or voided, 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 sasd 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 inerchandise originally received by pawn or purchase, and for wluch all applicable hold and/or redemption periods have expired 7. Billable Transactions Every reportable transaction conducted by a pawnbroker except renewals, redemptions, or e�ctensions of existing pawns on items previously reported and continuously in the licensee's possession is a billable transaction. ��� Chapter 31 8. Acceptable Identification Page 3 Acceptable forms of identification are a current valid Minnesota driver's license, a current valid Minnesota identification card, or a current valid photo identification cazd issued by another state or a province of Canada. 31.03. LICENSE REQUIRED. No person, corporation, partnership, or association shall exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Chapter• 31.04. I1vITIAL LICENSE APPLICATION. 1. General. Applications for pawnbrokers' licenses to be issued under this Chapter sha11 contain information as required on forms prescribed by the City. 2. Nature of Application. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization. Natural Person. If applicant is a natural person, the following information sha11 be furnished: A. True name, place and date of birth and street residence address, and length of time at that address, of applicant. B. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. D. Kind, name and location of every business or occupation . applicant has been engaged in during the preceding five (5) years. E. Names and addresses of applicant's employers and partners, if any, for the preceding five (5) years. �� Chapter 31 Page 4 F. Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor, excluding traffic violations, and if so, the date and place of conviction and the nature of the offense. G. If applicant has not resided in the City for three (3) ears last preceding the date of �licarion, at least four (4) character references from residents of the State of Muinesota. 4. Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is requ�red of a smgle applicant A managing partner, or partners, shall be designated. The mterest of each partner m the business sha11 be disclosed 5. Corporation. If applicant is a corporation or other association, the following information shall be required A. Name 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 and, if a foreign corporation, a certificate of authonty as descnbed m Minnesota Statutes C. The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, givmg all the uiformation about said person as is required of a single applicant. As used m this Chapter, the term "operating officer" shall mean the person responsible for the day-to-day operating decisions of the licensed remises. D. A list of all persons who, singly or together with their spouse, or a parent, brother, sister or cluld or either of them, own or control an interest in said co oration or association in excess of five percent (5%) or who are officers or directors of said corporation or association; together with their addresses and a11 information as is requ�red of a smgle applicant. 6. 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 wrthin fourteen (14) days. The application must include all appropriate information required in section 31.04. � Chapter 31 7. Description of Premises. A. Legal Description. Page 5 The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities. B. Street Address. The street address of the premises for which application is made. 8. Taxes. Whether or not all real estate taxes, assessments, or other financial claims of the City, State or Federal government for the business and premises to be licensed have been paid, and if not paid, the years for which delinquent. 9. Other Information Required. Such other information as the City Council shall require. 31.05. RENEWAL APPLICATIONS. 1. License Period, Expiration. Each renewal license shall be issued for a maximum period of one year. 31.06. EXECUTION OF APPLICATION. If application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a �aartnership, the application, license and bond shall be made and issued in the name of all partners. Any false statement in an application shall result in denial of the application. 31.07. GRANTING LICENSES. 1. At the time of making an initial or renewal application, the applicant shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the City Council. 11 Chapter 31 2. Each license sha11 be issued to the applicant only and sha11 not be transferable Page 6 3. Each license shall be issued only for the premises described in the application and sha11 not be transferable to a different location. 4. No change in ownership, control or location of a license shall be permitted except by amendment to the license wluch amendment must be approved by the City Council 5. No more than two (2) licenses shall be issued by the City at any time and priority shall be given to qualified appli�ants for renewal of existing license 31.08 LICENSE FEES ESTABLISHED. l. Billable Transaction Fees Licensees sha11 pay a monthly transaction fee on a11 billable transactions as specified in Chapter 11, General Provisions and Fees, of the Fndley Crty Code Such fee sha11 be due and payable within 30 days. Failure to timely pay the billable transaction fee shall constitute a violation of this section 2• Annual Fees. The annuai license fee for all licenses required by this Chapter shall be in the amounts as specified m Chapter 11, General Provisions and Fees, of the Fridley City Code 3. Investigation Fees. At the time of each original application for a license, the applicant shall pay, in full, an investigation fee. The mvestigation fee shall be as specified m Chapter 11, General Provisions and Fees, of the Fndley Crty Code. 31.09 PAYMENT OF FEES. Initial Fees. The annuallicense and investi ation fee for a new license sha11 be paid in full before the application for the license is accepted. Upon re�ection of any apphcation for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee only shall be refunded to the applicant except where re ect�on is for a vv�llful misstatement in the license application If any mvestigation outside the State of Minnesota is requ�red, the applicant shall be char ed the cost wluch shall be paid by the applicant, prior to issuance of a license, after deductin the initial investigation fee, whether or not the license is granted 12 fk Chapter 31 Pro Rated Fee for New Licenses. Page 7 If the application for a new license under this Chapter is made during a license year, a license may be issued for the remainder of the license year for a fee assessed proportionally by the number of months remauung m the hcense year Any fraction of a month will be counted as a complete month. No refund, reduction, or adjustment of a license fee shall be made to any licensee that ceases operation dunng the term of the license 3. Renewal Fees The annual license fee for renewal of a license, sha11 be paid in full at the time the renewal application is filed with the City. 31.10. 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) with the City The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the City Attorney Said bond must be conditioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles wluch 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 31.11. PERSONS AND PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted to or held by any person who• _ A. Is a minor at the time the application is filed B. Has been convicted of any crime directly related to the occupation licensed, as prescnbed by Muuiesota. Statutes, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker 31.12. CONDITIONS OF LICENSES. 1. Records. Every licensee, at� the time of any reportable transaction other than renewals, extensions or redemphons, shall unmediately record, in English, on forms or in an electronic data storage and retneval system approved by the Public Safety Director, the following information• 13 Chapter 31 Page 8 A. A complete and accurate description of the article, including but not limited to, any manufacturer name, brand name, model number, serial number, identification number, or other identifying mark. B. The amount of money received by the person pawning, pledging, or selling the article, together with the annual rate of interest and the amount required to redeem the article if it was pawned or pledged. C. The date, time and place of receipt of the article, 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. D. The full name, date of birth, current address of residence, current telephone number if possessed, and a reasonably accurate description of the person from whom the article was received including at a minimuxn sex, height, weight, and race, color of eyes and color of hair. E. The identification number and state of issue from an acceptable form of identification. F. The name or unique identifier of the licensee or employee that conducted the transaction. G. The signature of the person identified in the transaction. H. 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 it relates. Such photographs must be available to the Public Safety Director or his 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 photogra.phed must be accurately depicted. The licensee must i.nform 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 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 videota.ped orally and by displaying a sign of sufficient size in a � Chapter 31 Page 9 conspicuous place on the premises. The licensee must keep the exposed video ta.pe for three (3) months and surrendering it to the police department upon request I. Effective sixty (60) days from notification by the police department, licensees must fulfill the color photograph requirements in section 31 12 1 H by submitting them as digrtal unages, m 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 subdivision H J. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, the rype of transaction 2. Disposition of Articles. A. When an article of pawned or pledged property is redeemed from a licensee, the records shall contain an account of such redemption with the date, interest charges accrued, and the total amount for which the article was redeemed. B. When an article of or forfeited is sold or di licensee and the licensee receives one-hundred dollars i 100. sed of by a or more in 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. 3. Inspection of Records. The records referred to in this section shall be open to the inspection of the Public Safety Director at a11 reasonable times and shall be retained by the licensee for at least three (3) vears Entries of required digital images shall be retamed a minimum of ninety (90) days 4. 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 pawn 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, wluchever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels sha11 not be reused. 5. Receipt. Every licensee must provide a receipt to the party identified in every reportable transaction and must mauitam a duplicate of that receipt for three (3) years The receipt must include at least the follovv�ng information: 15 Chapter 31 A. The name, address and telephone number of the licensed business. B. The date and time the item was received by the licensee. C. Whether the item was pawned or sold, or the nature of the transaction. Page 10 D. 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. E. The signature of unique identifier or the licensee or employee that conducted the transaction. F. The amount advanced or paid. G. The monthly and annual interest rates, including all pawn fees and charges. H. 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 da.te. I. The full name, residence address, residence telephone number, and date of birth of the pledgor or seller. J. The identification number and state of issue from an acceptable form of identification. K. Description of the pledgor or seller including sex, height, weight, race, color of eyes and color of hair. L. The signature of the pledgor or seller. M. All printed statements as required by Minnesota State Statute 325J.04, subdivision 2, or any other applicable statutes. 6. Daily Reports to Police. A. Unless otherwise authorized by the Police Department, licensees must provide to the Police Department the information required in section 31.12.1 by transferring that information 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 standazds and procedures esta.blished by the City of Fridley using a dial callback protocol or other procedures that address security concerns of the licensees and the City of Fridley. The licensee must display a sign of sufficient size, in a conspicuous place on the premises, which informs all patrons that all transaction are reported to the Police Department daily. 16 Chapter 31 Page 11 B. Licensees will be charged monthly for billable transactions at the current rate established by the City CounciL C. 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 tapes(s) for that date by 12:00 o'clock noon the next business day. 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 provided for herein, but may be charged a reporting failure penalty, established by the City Council, each day until the error is corrected. If the problem is determined to be outside the licensee's system, the licensee must continue to provide the information as provided herein, and resubmit all such transactions via modem when the error is corrected. 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 existed. D. If a licensee is unable to capture, digitize or transmit the photographs required in section 31.12.1 the licensee must immediately take all required photographs with a still camera, immediately develop the pictures, cross reference the photographs to the correct transaction, and deliver them to the Police Department by 12:00 o'clock noon the next business day. Licensees may be subject to an additional charge for each photograph submitted in this manner after the close of the first business day following failure. E. Notwithstanding any other provisions herein, the Public Safety Director, or his designee, upon presenta.tion of extenuating circumstances, may extend the period before any additional charges are imposed for the manual reporting of billable transactions. 7. Redemption Period. Any person pledging, pawning or depositing an article of property for security shall have a minimum of ninety (90) days from the date of that transaction to redeem the article before it may be forfeited and sold. During the ninety (90) day holding period articles shall not be removed from the licensed premises. Licensee's are prohibited from redeeming any article of property 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 article(s) of 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 the approval of the Public Safety Director. Written authorization for release of articles of property to persons other than the original pledgor must be maintained along with the original transaction record. 1? Chapter 31 8. Holding Period. Page 12 No article of property pledged, pawned or on deposit for security with any licensee shall be permitted to be redeemed for a penod of seventy-two (72) hours from the date of transaction, excluding Sundays and holidays, except upon written authorization of the Public Safety Director No article of property purchased by a licensee may be sold or otherwise disposed of for thirty (30) days from the date of the transaction except that articles of properry for which there exists a valid certificate of trtle issued by the State of Minnesota, showing ownership and registration by the person from whom the article was received, may be sold or otherwise disposed of ten (10) days from the date of transaction. 9. Police Restrictions on Sale or Redemption A. Investigative Hold. Whenever a law enforcement official from any agency, acting in the course and scope of his or her duhes, notifies a licensee not to sell or permit to be redeemed an article of property in the licensee's possession, the article may not be sold, redeemed or removed from the premises by the hcensee. The Investigative Hold shall be confirmed in writing by the ongmating agency witlun seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of notification, or until the hold is canceled, or until a Police Hold is issued pursuant to section 31.12.9.B, or until the article is confiscated, whichever comes first. B. Police Hold. Whenever the Public Safety Director notifies a licensee not to sell or permit to be redeemed an article of property in the licensee's possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Police Hold sha11 be confumed in writing witlun seventy-two (72) hours and will remain in effect for ninety (90) days from the date of notificahon unless the Public Safety D�rector deteimines the hold is still necessary and notifies the licensee m wntmg. When a Police Hold is no longer needed the Public Safety Director shall so notify the hcensee. C. Confiscation. If an article of property in the licensee's possession is determined to be stolen, it may be confiscated and seized as evidence by any police officer. A request for restitution from anv in regazds to the stolen confiscated shall be made on behalf of the licensee. When an article of property is confiscated, the person doing so shall provide identification upon request of the licensee, the name and telephone number of the confiscatmg agency and mvestigator, and the case number of the police report related to the confiscation. : Chapter 31 Page 13 10. Payment by Check. Payment of more than five hundred dollars ($500 00) by any licensee for any article deposited, left, urchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial mstrtution. 11. Posting License. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. 12. Responsibility of Licensee The conduct of agents or employees of a licensee, while engaged in performance of their duties for their pnncipal or employer under such license, shall be deemed the conduct of the licensee 13. Penalty for Property Owner It is unlawful for any person who owns or controls any real property to knowingl permit it to be used for pawnbrokenng without a license required by this Chapter 14. Business at Only One Place A license under this Chapter authorizes the licensee to cazry on its business only at the permanent l�ace of business designated m the license However, upon written request, the Public Safety Director may approve an off-srte locked and secure storage facility The licensee sha11 permit inspection of the facility m accordance wrth section 31 14 All provisions of this Chapter regarding recordkeepmg and reporting apply to the facility and its contents Articles of property shall be stored m comphance with all provisions of the city code 31.13. RESTRICTED TRANSACTIONS. 1. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property from any person on any day of the week before 7•00 a m or after 10 00 � 2. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property from any minor or from any person of unsou.nd mind or from an intoxicated person. 3. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property wluch contams an altered or obliterated serial number or an article of property whose senal number has been removed � Chapter 31 Page 14 4. 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. 5. 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. 6. 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. 31.14. Inspection 1. Premises. Any licensee sha11, at all times during the term of the license, allow the Public Safety Director to enter the premises, where the licensee is carrying on business, including all off-site storage facilities as authorized in section 31.12.14 , during normal business hours, except in an emergency, for the �urpose 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 Chapter or other applicable laws. No licensee shall conceal any article in his possession from the Public Safety Director. 2. Inspection by Police or Claimed Owner. All articles of property coming into the possession of any licensee, under the terms hereof, 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 officer. 31.15. CONDUCT OF PERSONS ON LICENSED PREMISES. 1. 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. 2. No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee. 3. 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. 20 Chapter 31 Page 1 � 4. All licensee's sha11 by adequate signage and sepazate written notice inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing requirements. For the purpose of this section "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 mch 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 For the purpose of this section "separate written notice" sha11 be deemed to mean either the receipt, as required in section 31.12.5, 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 �e; 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. 5. 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. 31.16. CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS. 1. Licenses issued to corporations shall be valid only as long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the Council, in which event said license shall continue in force until the end of the then current license year. Failure to report any change in stockholders, officers, or managers sha11 be grounds for the revocation of a11 licenses held by the corporation Every corpora�ion licensed under the provisions of tlus section shall adopt and maintain in its bylaws a provision that no transfer of stock is valid or effective unless approved by the City Council and shall require that all of its certificates of stock shall have printed on the face thereof: "The transfer of this stock certificate is invalid unless approved by the City Council of Fridley, Minnesota," and failure to comply with this provision shall be grounds for the 21 Chapter 31 Page 16 revocation of all licenses held by the corporation. The provisions of this section shall not apply to the issuance of any license to a corporation whose stock is traded on a public stock exchange. 2. Licenses issued to associations or partnerships sha11 be valid only as long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Council, in which event said license shall contmue in force until the end of the then current license year 3. Corporation, partnerships or associations shall submit written notice to the City of any such changes described herein on or before thirty (30) days prior to the effective date of any such change. In case of a corporation, the licensee shall submit written notice to the City when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this Chapter• 31.17. REFUSAL, SUSPENSION OR REVOCATION. 1. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission to state any information called for on such application form, shall upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto, void. Prior issuance is no effect to protect the applicant from prosecution for violation of this section or any part hereof. 2. The City Council may suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the City ar of the State are delinquent, or unpaid. 3. The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of any of the provision"s of this Chapter or any State Statute regulating pawnbrokers. Any conyiction by the pawnbroker for theft, receiving stolen property or any other cnme or violation involving stolen property shall result in the immediate suspension pendmg a heanng on revocation of any license issued hereunder. 4. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the Council shall be preceded by a public hearing The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. 31.18. PENALTY Violation of any provision of this article sha11 be a misdemeanor. 22 Chapter 31 Section 3 Page 17 That Chapter 11 of the Fridley City code entitled "General Provisions and Fees," Section 11.10, be amended to read as follows: 11.10. FEES Chapter 11.10, "Fees" is amended to include the following Pawn Shop fees: CODE SUBJECT FEE 31 Pawn Shops �lassz4 $�994 - �las�� S�S9�4 �ass-� $�A�8A4 Annual License Fee $3000 Monthly Transaction Fee $1.50 per transaction Reporting Failure Penalty $2.50 per transaction €�e�G�e�i�g �d�c�j� e�nn „o,..,,,,,,rt, Investigation Fee $400 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2000. NANCY JORGENSON - MAYOR ATTEST: DEB SKOGEN - CITY CLERK First Reading: Second Reading: Third Reading: February 14, 2000 � 23 City of Fridley TO: William W. Burns, City Manager ��� FROM: John G. Flora�ublie Works Director DATE: February 14, 2000 SUBJECT: TH 65 Improvement PW00-023 MnDOT is in the fnal stage of approving the TH 65 corridor study draft that was completed in June, 1998. The draft study indicated a need to widen TH 65 through Anoka County with an additional lane in each direction. The approval of the plan will materially support the City's submittal for federal funding of the causeway project. Therefore, it is in our best interest to urge MnDOT to incorporate the plan into the State's Transportation Plan (STP) for MnDOT support of our project submittal. Recommend the City Council adopt the attached resolution for dissemination to MnDOT and Met Council indicating our continued support for the TH 65 widening. JGF:cz Attachment 24 � , 0 RESOLUTION NO. - 2000 RESOLUTION SUPPORTING THE REDESIGNATION OF TH 65 AS AN EXPANSION ROUTE IN THE STATE TR�NSPORTATION PLAN WHEREAS, in the 70's the Twin cities metropolitan growth was focused to the south and now the growth is expanding to the north, and WHEREAS, this residential growth is increasing the commercial and industrial development along the TH 65 corridor, and WHEREAS, this corridor provides not only the regional route to Minneapolis/St. Paul but also provides the link for the increasing number of employees to the metropolitan area, and WHEREAS, the MnDOT State Transportation Plan (STP) dated 1997 identifies TH 65 as a management corridor, and WHEREAS, a MnDOT study was initiated in 1995 to address the TH 65 corridor, and WHEREAS, the draft study completed in 1998 indicated the level of service and accident rates on the TH 65 corridor in Anoka County were below state standards, and WHEREAS, the study indicated that signal and intersection improvements alone would not improve the level of service or safety on the highway, and WHEREAS, the study concluded that the highway must be expanded with one additional lane in each direction to satisfy today's congestion problems and without this improvement the traffic bottlenecking and congestion would seriously increase, and WHEREAS, this improvement would also satisfy traffic forecast to the year 2020, and WHEREAs, the draft study is now in the process of being approved. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, request the MnDOT amend the existing STP and identify the TH 65 corridor through Anoka County as an expansion route, and BE IT FURTHER RESOLVED THAT, the MnDOT and the Metropolitan Council work with Anoka County and the communities along TH 65 to implement the recommendations of the MnDOT 1998 operations study. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF FEBRUARY, 2000. NANCY J. JORGENSON, MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK . 25 � t QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2000 To: William Burns, City Manager��� From: Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: February 9, 2000 Re: Adoption of the Minnesota General Records Retention Schedule for Cities (revised 1994) In 1987 the City of Fridley contracted with The Bottom Line Consultants to have an extensive inventory or records and records management program implemented. The State of Minnesota also required cities to adopt a records retention program. The City adopted its records inventory as it records retention program. Each year when old records need to be removed, the records clerk must go through a six inch document looking for each record to be removed and cross it out. The City of Fridley has been referencing and using the General Records Retention Schedule for Cities which was prepared by the Minnesota Clerks and Finance Officers Association, however, it never adopted the schedule. In addition, our city clerks have been serving on an MCFOA Gommittee for Records Retention and making recommendations to the State of Minnesota on the Schedule. Staff recommends adoption of a resolution adopting the General Records Retention Schedule for Cities. �� � RESOLUTION NO. - 2000 A RESOLUTION ADOPTING THE MINNESOTA GENERAL RECORDS RETENTION SCHEDULE FOR CITIES Whereas, Minnesota Statutes Chapters 138 and 529 require that the disposal and preservation of public records be controlled; and Whereas the City of Fridley adopted a records inventory and retention schedule in 1987 which was an inventory of all of the records the city had as a result of a study completed by The Bottom Line; and Whereas, the Minnesota Clerks and Finance Officers developed a General Records Retention Schedule for Cities, for records common to most Minnesota municipalities, which has been approved by the Minnesota Department of Administration, the Minnesota Historical Society, the Minnesota State Auditor and the Minnesota Attorney General; and Whereas the City of Fridley did not adopt the General Records Retention Schedule for Cities which it has been referencing and using since 1987; and Whereas, the City of Fridley can use the General Records Retention Schedule for Cities as a minimum guideline for records retention. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Minnesota, does hereby adopt the approved General Records Retention Schedule for Cities developed by the Minnesota Clerks and Finance Officers as its records retention program and authorizes the City Clerk to submit the appropriate Notification of Adoption Form to the State of Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF FEBRUARY 1998. ATTEST: Debra A. Skogen, City Clerk 27 Nancy J. Jorgenson, Mayor w Attachment 1 The General Records Retention Schedule for Cities (Schedule) was created in 1985 to provide a plan for managing governmental records by giving continuing authority to dispose of records under Minnesota Statutes 138.17. The City General Recor.ds Retention Schedule establishes minimum retention periods for city records based on their administrative, fiscal, legal and historical value. It lists records series that are common to cities and states how long to keep them. To begin disposing of records according to the general schedule, the city must notify the Minnesota Historical Society that the city has official adopted the schedule. T'he City sent an inventory of records as its retention schedule in 1987, but has been referencing and using the Schedule since it was created. In addition to providing the retention period for records, the Schedule also provides the data practices classifications (whether or not they aze public, non-public or confidential), and also the State Statutes referring to that specific record. This is a very valuable tool for staff to use, especially with the volume of records that aze produced on a yearly basis. We promote an Annual Clean-Up Days for the staffrequiring them to go through old records and transfer them to the records clerks for archiving and disposition. The records clerk wades through boxes of information cataloging the documents to allow retrieval of the documents at a later date. The Schedule is referenced consistently by the clerk when entering a purge date of the records. Attached is the portion of the Schedule that relates to administration along with a Table of Contents of the other types of sections. You will find this section most interesting as it relates to the City Council documents. The full schedule will be available for your review during the meeting, or prior to the meeting upon your request. : � � v o 3 3 O O N O O O O � 7 O r �•_ t/1 ^ 3 O O 2 T H 01 T 2 �7 ►� � C N � N •. 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N 7 j C� tC �. r. .- .t S fp O C � M � � A _ 'w o � � �. ? f°a 0 v � M 7 m O � m n .t O 7 z z z c c c � a' Q ii ii ci 34 � a'� a�� 3 'NO � 3 � .��r � 7 N < � N � ^ » � N � .+��Cp 700 7�� -+ -� < a� A� �="• o°' n � � .t '. �. �f fq ? O '7 fP f0 7 O� � � m N n R �. •r '7 i O 7 7 N re -�. O or tp N � ' n n 0� O K A z -c < v v v � � Q ri ii ii � -� m � 3 -�i O i = i .. i � a i O 70 3 �mm i y C7 2 � c� O � A C -yi � � � � � -� a 1 i = r � m z � \ mm i0 -r m g= O 2 -- a <� 9 n rx c� o r > a -� N D N r.. y T A -a �� � �1 1 � —n om 2 N N N D � C �1 m l7 � < G'f m z m a a r 70 m � 0 a v N 70 m � m z �1 � z N � C C m � r � 7 ♦ . � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 25, cmr oF 1999 FRIDLEY . To: William Burns, City Manage ��� From: Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: February 9, 2000 Re: Resolution Designating Polling Location Change The current polling location for Ward 1, Precinct 4 is the Auditorium area at Fridley High School and sometimes the school day activities and election day activities are in conflict. Parking has been an issue as it is sometimes difficult for voters to find a parking space close enough to the door. The City of Fridley completed construction of a Community Center located behind the Fridley High School which would be a perfect location for a new polling location. Staff contacted the Community Center and they would be willing to work with the city to provide the location. This is a major election year and voters will be calling for their polling locations, especially with the precinct caucuses coming up. When polling locations are changed, the city must mail out notifications of the polling location change prior to the election and notify the County Auditor of the polling location change so records can be changed at the Secretary of State's Office as well. Staff recommends adoption of a resolution designating the new polling location for Ward 1, Precinct 4 as the Fridley Community Center located at 6085 7`� Street NE, Fridley, Minnesota and directing the city clerk to notify the Anoka County Auditor of the polling location change. 35 RESOLUTION NO. -2000 A RESOLUTION DESIGNATING A NEW POLLING LOCATION FOR WARD 1, PRECINCT 4 Whereas, the current polling location for Ward 1, Precinct 4 is the Auditorium area at Fridley High School; Whereas, the school day activities and election day activities are sometimes in conflict and parking has been sometimes difficult for voters; Whereas, the City of Fridley completed construction of a Community Center located behind the Fridley High School; Whereas, the year 2000 is a major election year and voters will be calling for their polling locations; Whereas, the County must mail out notifications of polling location change prior to the election and notify the Secretary of State of the polling location change. NOW THEREFORE BE IT RESOLVED that the city Council of the City of Fridley hereby designates a new polling location for Ward 1, Precinct 4 as the Fridley Community Center located at 6085 7th Street NE, Fridley, Minnesota and directs the city clerk to notify the Anoka County Auditor of the polling location change. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF FEBRUARY 2000. ATTEST: Debra A. Skogen, City Clerk Nancy J. Jorgenson, Mayor s ♦ , � 36 . � � qTY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2000 WILLIAM W. BURNS, CITY MANAGER ,.���" Y WILLIAM A. CHAMPA, MANAGEMENT ASSISTANT RESOLUTION AFFIRMING THAT ALL PROPOSED TELECOMMUNI- CATIONS RESTRUCTURING LEGISLATION RETAIN LOCAL FRANCHISING AUTHORITY FEBRUARY 9, 2000 Attached is a resolution that affirms our position that all proposed telecommunications restructuring legislation should retain local government's franchising authority. This authority is granted under federal statute Title 6 and Minnesota State Statute Chapter 238. Currently, there is legislation proposed at the State Legislature that would eliminate or severely limit local authority regarding telecommunications services, including cable television. Both Senate File 2133 and legislation by the Ventura administration are believed to be discussed this session. While we do not believe either piece of legislation will pass this session, we want to make sure our voice is heard. We want to make sure that any telecommunications restructuring retain our authority to define and meet local community telecommunications needs. We want to continue to have the ability to define and meet local community telecommunications service needs and interests, including the provision of community television channels and services (PEG access) and institutional networks. If approved, we would send a copy of the resolution to our State senators and representatives. 37 RESOLUTION NO. - 2000 A RESOLUTION AFFIRMING THAT ALL PROPOSED TELECOI�ILTNICATIONS LEGISLATION RETAINS LOCAL E'RANCHISING AUTHORITY WHEREAS, the City of Fridley has been granted the legal authority to negotiate, award and regulate cable television franchises under both federal statute Title 6 and Minnesota State statute Chapter 238; and WHEREAS, the City of Fridley accepted the responsibility that comes with the awarding of the cable television franchise, including ensuring that the cable company meets the identified needs of the community such as community television and institutional networks and by serving as a local resource to resolving customer service issues and customer complaints; and WHEREAS, state legislation has been proposed that would repeal Chapter 238 and revoke the City's authority to award a cable television franchise, eliminate the City as a local resource to its citizens for resolving customer service issues and customer complaints, and remove the City's ability to receive direct support for community television and other provisions that meet community needs; and WHEREAS, it has not been demonstrated that local governments' role in cable franchising impedes in any manner the ability of cable and telecommunications companies to build infrastructure or to offer full and competitive services, and WHEREAS, while the City of Fridley acknowledges the regulatory challenge of addressing the convergence of voice, video and data services, local governments are essential to any legislative discourse in this area and must retain authority to ensure continued local support for its community; NOW THEREFORE, BE IT RESOLVED that the City of Fridley must retain its authority to define and meet local community telecommunications needs through the franchising of companies that provide cable television services or otherwise and that it further asserts its Constitutional rights to retain its local authority to enter into contracts to serve its community; BE IT FURTHER RESOLVED that any pian for telecommunications restructuring in Minnesota should continue to provide the City of Fridley with stable and undiminished funding, through franchise fees, in-kind services and grants for community television (PEG access) and institutional networks, in order to meet local telecommunications service needs and interests; ► s 0 r . 38 � . s BE IT FURTHER RESOLVED that any plan for telecommunications restructuring in Minnesota should be consistent with federal law; and that any plan for telecommunication restructuring in Minnesota should expressly provide authority for local governments to build and operate their own telecommunications networks to provide their citizens with advanced and competitive telecommunications services. PASSED AND ADOPTED BY THE DAY OF FEBRUARY, 2000. 0 ATTEST: DEBRA A. SKOGEN - CITY CLERK � . .� � CITY COUNCIL OF THE CITY OF FRIDLEY THIS 39 NANCY J. JORGENSON - MAYOR emo February 9, 2000 TO: William W. Burns��� City Manager FR: Jack Kirk J � Director RE: AUTHORIZATION TO ADVERTISE FOR PLAYGROUND EGIUIPMENT BIDS As part of the City of Fridley's objective of providing modern, safe, and handicapped accessible pla�rground equipment in the neighborhood parks, we have five park sites scheduled for equipment upgrades in 2000. Replacement equipment is scheduled in the Parks 5-Year Capital Improvement Program for Briardale, Community, Creekridge, Flanery, Jubilee and Locke Parks. Each playground site will be bid as an individual project. Vendors will be given a maximum dollar amount available for the equipment and installation at each site. They will be expected to design separate play equipment structures that will service pre-schoolers and elementary school aged children. All proposals are expected to meet requirements set forth in the Americans with Disabilities Act. All equipment in these bids must meet guidelines as published by the United States Consumer Products Safery Commission. We will also be asking the equipment vendors to outline any quantity discounts they would afford the City of Fridley for multiple projects being awarded to their company. After receiving the bids on the various play equipment structures, each project will be evaluated by City staff and the Parks and Recreation Commission, with input from area residents through scheduled neighborhood meetings. The projects will be awarded to the vendor or vendors that provide the City with the best value for the funds available. The best value analysis will include evaluation of quality, durabiliry, safety, equipment longevity, aesthetic appeal and the play experience provided. Past experience with the playground equipment supplier and installation of previous structures will also be a factor in the selection process. After review, a recommendation will then be made to the City Council for the purchase and installation of the equipment at each site. Once the playgrounds are installed, City Parks staff will complete the playground safe zone area modifications as required and coordinate installation of a safety surface path to meet ADA specifications. There is $186,000 identified in the 2000 Parks Capital Improvement Program for playground equipment upgrades. This amount will cover the projects at each of the aforementioned parks, including the safe zone modifications and ADA paths. It is my recommendation that the City Council pass a motion authorizing staff to advertise for bids on the new playground equipment projects. Attached is a list of the sites, with an accompanying dollar amount as a maximum limit for the equipment purchase and installation. JK:sj . � i ��i � r . City of Fridley 2000 Playground Upgrades Project Number 328 Park Total Amount CommunityPark ............................................................................. $21,000 CreekridgePark ............................................................................... $21,000 FlaneryPark .................................................................................... $34,000 JubileePark ..................................................................................... $28,000 LockePark ...................................................................................... $30,000 TOTAL AMOUNT : .................................................................... $134,000 + � , 41 � � CRY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2000 WILLIAM W. BURNS, CITYMANAGER �� r� RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: SETTING A PUBLIC HEARING TO ADOPT A SPENDING PLAN FOR THE EXCESS POLICE PENSIONRESIDUAL ASSETS DATE: February 10, 2000 During 1999, the Governor signed into law Chapter 222 Laws of Minnesota, formerly Senate File 319, the Omnibus Pension bill. Article 4 of that law allowed the merger of 441oca1 consolidated police and fire accounts that had been administered by PERA. The Fridley Police Pension Fund was one of the accounts that have been administered by PERA. The legislation as you can imagine took a considerable amount of time to develop and to work through the Legislative Commission on Pensions and Retirement. After a long torturous process the bill did pass. The law allowed each of the 441oca1 pension plans the opportunity to merge with PERA or to retain their private status and be managed by PERA. In our case, as in almost all cases, the local plan was merged into PERA. As part of the work done for the legislation, a special actuarial study was done on each of the local plans to determine whether a surplus or shortage existed in each fund. The results of the Fridley Police Pension Plan indicated the Fridley plan was one of the better managed local plans and over the past number of years had accumulated an actuarial fund surplus. This surplus developed over the years as a result of higher than expected investment performance and also some state mandated actuarial requirements. The result of all of the law was that the City of Fridley Police Pension Plan is estimated to be over funded in the amount of $2,100,000. The new law allows the over funded plans to be refunded back to the city only after a Public Hearing is held and a resolution passed as to how the money is to be used. T'he stipularions related to the refund are that the money must be used for a Police/Public Safety related activity and that the funds must be segregated and audited on an annual basis. After the public hearing and the passage of the resolution, a certified copy of the resolution must be filed with the Office of the State Auditor. Staff is recommending that a Public Hearing on this issue be established on March 6, 2000. RDP/me 42 . CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the council of the city of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on March 6, 2000 at 7:30 p.m. on the question of establishing restrictive accounts for excess police pension residual assets and adopting a plan for the expenditure of such assets. Anyone having an interest in this matter should make their interest known at this public hearing. Debra A. Skogen City Clerk Publish: February 24, 2000 March 2, 2000 43 � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 14, 2000 CRY OF FRIDLEY CLA1 MS 9 � 872 - 9199? . . s r � CRY OF FRIDLEY LICENSES CITY COUNCIL MEETING OF FEBRUARY 14, 2000 Type of License � GENERAL CONTRACTOR-RESIDENTIAL Moneywise Homes (20179738) 2518 Hilisboro Ave N Golden Valley MN 55427 Keith Hagberg HEATING � Construction Mechanical Services 1307 Sylvan St St Paul MN 55117 PLUMBING Northern Plumbing Tech 16385 230 Ave . Elk River MN 55330 4 Gerald Elert Philip Olson � , 45 Approved By: STATE OF MINN RON JULKOWSKI Building Official STATE OF MINN � � CfTY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF FEBRUARY 14, 2000 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of January, 2000 .................... �� � ............................ $ 5,000.00 a t . � CRY OF FRIDLEY s � � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 74, 2000 TO: William W. Burns, City Manager ��/� FROM: John G fFlora, Public Works Director Jon H. I. ��aukaas, Assistant Public Works Director �flit�'" . DATE: SUBJECT: February 14, 2000 Public Hearing on Street Improvement Project No. ST. 2000 - 1 PW00-024 A neighborhood meeting was held on June 30, 1999 for the residents affected by the 2000 street improvement project. Nine people attended this meeting, representing seven properties. The project and proposed assessments were explained at that time. Assessments for this project are set at a not- to-exceed price $14.00 per front lineal foot for those properties not previously assessed for concrete curb and gutter. A public hearing is required for assessed projects. The public hearing for Street Improvement Project No. ST. 2000 - 1 was set for February 14, 2000 by the City Council at their January 24, 2000 meeting. JHI3/JGF:cz 47 CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IMPROVEMENTS STREET IlV�ROVEMENT PROJECT NO. ST. 2000 - 1 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GNEN THAT on the 14th day of February, 2000, at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer, landscaping and other facilities located as follows: STREET IlVIPROVEMENT PROJECT NO. ST. 2000 - 1 71st Avenue: University East Service Drive to Locke Park entrance, 73rd Avenue North Service Drive: University East Service Drive to Able Street, 74th Avenue: University East Service Drive to Lyric Lane, Symphony Street: 73rd.Avenue North Service Drive to 74th Avenue, Symphony Court: Symphony Street to the West, and University East Service Drive: 73rd Avenue North Service Drive to Osborne Road. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auaciliary aids should contact Roberta Collins at 572-3500 no later than 9 February 2000. Published: Fridley Focus January 28, 2000 February 4, 2000 February 11, 2000 . � • . 1 City of Fridley TO: William W. Burns, City Manager��'� FROM: John G. Flora,� �^, blic Works Director Jon H. Haukaas;' A sistant Public Works Director DATE: February 14, 2000 SUBJECT: Ordering Final Plans: Project No. ST. 2000-1 PW20-021 The attached resolution orders the final plans, specifications and cost estimates for the Street Improvement Project No. ST. 2000 - l. � To process this project for an early award, request the City Council adopt the attached resolution ordering final plans, specifications and estimates of costs for Project No. ST. 2000 - 1. JHH/JGF:cz Attachment s � 49 RESOLUTION NO. - 2000 A RESOLUTION ORDERIN� FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1 WHEREAS, Resolution No. - 2000 ordered design for the 2000 Street Improvement project, and WHEREAS, Resolution No. - 2000 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. - 2000 receiving the preliminary report and called for a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS, a public hearing was held on February 14, 2000 regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution -2000 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, bikeway, necessary repairs to the storm, water and sanitary sewer systems, landscaping and other facilities. 2. That the following work be incorporated in the 2000 street improvement project as ST. 2000 - 1. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Public Works Director, John G. Flora, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF FEBRUARY, 2000. Attested: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 50 a � � t � � � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 14, 2000 CITY OF FRIDLEY INFORMAL S'TATUS REPORTS 51