07/09/2012 - 7556i
CfiY OF
FRIDLEY
CITY COUNCIL MEETING OF JULY 9, 2012
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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
� City Council Meeting of June 25, 2012
A
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of June 20, 2012 ........................................................... 1- 5
2, Resolution Approving an Agreement with
_ Anoka County for a State Health Improvement
ProgramGrant .............................................................................................. 6 - 10
3. Resolution Approving Plans and Ordering
Advertisement for Bids: Main Street Sidewalk
ProjectNo. ST2011-22 ................................................................................. 11 - 13
4. Resolution Appointing Representation to the
Mississippi Watershed Management Organization
� Board of Commissioners ............................................................................... 14 - 16
FRIDLEY CI7Y COUNCIL MEETING OF JULY 9, 2012 PAGE 2
ARPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
5. Resolution Authorizing the Fridley Fire
Department to Participate in Submitting a
Proposal to the Minnesota Department of
Public Safety to Become a State Hazardous
Material Chemical Assessment Team ........................................................... 17 - 18
6. Resolution Providing for the Sale of
$1,295,000 Generai Obligation Equipment '
Certificates, Series 2012A ............................................................................ 19 - 20
7. Appointments to Commissions ..................................................................... 21
8. Claims (155742 - 155897) ............................................................................. 22 - 35
9. Licenses ........................................................................................................ 36 - 38
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARINGS:
10. Preliminary Assessment Hearing on Oak -
Gien Creek Improvements Project No. 380 .................................................. 39 - 40
FRIDLEY CITY COUNCIL MEETING OF JULY 9. 2012 PAGE 3
�' PUBLIC HEARINGS (CONTINUED):
� 11. Appeal Hearing and Resolution Denying a
Liquor Manageria! License for Emily
LouiseDirk .................................................................................................... 41 - 74
NEW BUSINESS:
- 12. Resolution Approving Special Use Permit,
SP #12-03 for Sam's Club, Generally Located at
• 8150 University Avenue N.E. (Ward 3) ......................................................... 75 - 82
13. Informal Status Report .................................................................................. 83
�
ADJOURN.
�
'�
qTY OF
FkIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JULY 9, 2012
?:30 p.m. — City Council Chambers
Attendance Sheet
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MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF JUNE 25, 2012
CITY COUNCIL MEETING
CITY OF FRIDLEY
NNE 25, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
= Councilmember-at-Large Barnette
Councilmember Bolkcom
Councilmember Varichak
f Councilmember Saefke
OTHERS PRESENT: William Bums, City Manager
Dazcy Erickson, City Attorney
Dazin Nelson, Finance Director/Treasurer
James Kosluchar, Public Works Director
Pam Reynolds, 1241 Norton Avenue
PROCLAMATION:
Women of Today Founder's Day — July 1, 2012
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 11, 2012
APPROVED
NEW BUSINESS:
1. Resolution Appointing an Absentee Ballot Board for the 2012 Election Cycle.
William Burns, City Manager, said Anoka County has designated Fridley as a site for in-person
absentee ballot voting. It will also appoint our Absentee Ballot Boazd members as Deputy
County Auditors. The Boazd consists of staff trained as election judges. The use of staff will
help avoid costs for election judges for this purpose. Staff recommends Council's appointment
of the eight staff inembers listed as Fridley's Absentee Ballot Board.
ADOPTED RESOLUTION NO. 2012-36.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2012 PAGE 2
2. Resolution Appointing Election Judges for the 2012 Primary and General Elections.
William Burns, City Manager, said staff recommends CounciPs appointment of the people
listed in the resolution. The appointments are for two-year terms. The names include past
election judges, names submitted by political parties, and names of those who have applied
individually.
ADOPTED RESOLUTION NO. 2012-37.
3. Resolution Approving the Revised Investment Policy for the City of Fridley Housing
and Redevelopment Authority.
William Burns, City Manager, said the investment policy for the HRA was last updated in 1994.
The policy incorporates minor changes in State law as well as Government Accounting _
Standazds Boazd (GASB) regulations that deal with disclosure of risk. It has also incorporated
the current State Auditor's Legal Compliance Guide and cunent model policies from the League
of Minnesota Cities and the Government Finance Officers Association. The changes aze minor
and have little impact on the substance of our day-to-day investment activities. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Claims (155556 -155741).
: " : 1]i/�
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
6. Estimates.
APPROVED the following estimates:
Ron Kassa Construction, Inc.
6005 East 250th Street
Elko, MN 55020
2012 Miscellaneous Concrete Repair
Project No. 417
Estimate No. 2 ............................................................................. $ 7,298.28
,
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2012 PAGE 3
Allied Blacktop Company
° 10503 — 89th Avenue North
Maple Grove, MN 55369
2012 Cooperative Street Maintenance
ProjectNo. ST2012-10
Estimate No. 1 ........................................................................... $ 75,241.01
Lametti & Sons, Inc.
P.O. Box 477
� Hugo, MN 55038-0477
2012 Sanitary Sewer Lining
Project No. 416
Estimate No. I ...................................
G.M. Contracting, Inc.
19810 — S 15th Avenue
Lake Crystal, MN 56055
2012 Jackson Street Project No. 413
Watermain Project No. 404
� Estimate No. 1 .................................
�
.
APPROVAL OF CONSENT AGENDA:
...................... $29,220.10
......................................... $290,964.97
Councilmember Bolkcom requested removal of Item Nos. 3 from the Consent Agenda.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
No 3. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITORS:
No one from the audience spoke.
AGENDA:
MOTION by Councilmember Bolkcom to approve the Agenda with the addition of Item No. 3.
Seconded by Councilmember 5aefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TAE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25. 2012 PAGE 4
7. Receive Bids and Award Contract for Municipal Center Roof Replacement Project No. �
418.
Jim Kosluchar, Public Works Director, said the Fridley Municipal Center roof is approximately
25 years old and has inadequaYe sloping and draining, with poor overflow protection. Minor spot
roof repairs have been completed once or twice a yeaz in recent yeazs to prevent water intrusion
into the building. Even so, we have had leakage into the building on a few occasions. This
project consists of the removal and replacement of the existing ballasted and fully adhered
roofing system over the Fridley Municipal Canter and Main Fire Station. It also will include the
replacement of the prefinished metal coping system, metal gravel stops, metal fascia, and metal
scuppers at the roof perimeter.
Mr. Kosluchar said that on May 7, 2012, the City Council received plans and authorized a call
for bids for the project. We extended the bid schedule to a11ow for a second pre-bid meeting and _
provide additional opportunity for contractors to bid. Bids were opened on June 19, 2012. The
contract documents call for a 20-year warranty. The project is being bid with several alternates
including:
• Black and white EPDM (rubber membrane) options.
• White thermoplastic-polyolefin (TPO) option.
• Gas piping cleaning and painting, replacement of chimney flue caps, insulation for
refrigerant piping lines, and reuse of the existing cap flashings.
• Deductions for excluding roof azeas.
Mr. Kosluchar said that the low Base Bid was provided by Central Roofing Co. of Minneapolis,
in the amount of $262,500. Staff recommends inclusion of the following alternates:
• White thermoplastic-polyolefin (TPO) option. Providing a deduct of $46,700, and
opportunity for energy rebate
• Include gas piping cleaning and painting (+$3,150)
• Include replacement of chimney flue caps (+$700)
• Include insulation of refrigerant piping lines (+$1,300)
• Re-use existing cap flashings (-$8,640)
• Include all roof azeas
Mr. Kosluchar said presuming these alternates aze approved as recommended, the low Base Bid
with selected alternates 1, 2, 4, 5, and 6 was provided by Central Roofing Co. in the amount of
$212,310. This is well under the project budget and estimate, and will enable us to entertain
additional roof repair work on the Police Department gazage.
Mr. Kosluchar said the low bid contractor, Central Roofing Co., has performed responsively in
repair work and other smaller roofing work for the City of Fridley. We received positive
references from three projects of similar and larger scope, including work at the Minneapolis
Convention Center (45,000 sq. ft.), and a bulk mail center for the US Post Office in Eagan
(59,000 sq. ft.). With this positive work history, we are confident of the capabilities of Central `
Roofing.
�
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2012 _ PAGE 5
Mr. Kosluchar said staff recommends the City Council move to receive bids and award the
" contract for the Municipal Center Roof Replacement Project No. 418 to Central Roofing
Company of Minneapolis, in the amount of $213,310, to include the Base Bid and Alternates 1,
2, 4, 5, and 6. If approved, the contract will be executed and work will begin witl� a completion
date of August 31.
Councilmember Bolkcom asked how much the consulting fee was.
Mr. Kosluchar answered $6,200, but there could be additional expenses for items ]ike mileage,
postage and printing.
Councilmember Bolkcom asked if the leaking intrusion happened during heavy rainfall or
. normal rainfall.
Mr. Kosluchar answered one did happen during a wet period. The others happened during the
winter time.
Councilmember Bolkcom asked why there is only a 20-yeaz wazranty on the roof when most
shingles carry a 35-40 year warranty.
Mr. Kosluchar answered the roof could stretch to a 30-year product but that is pretty rare.
Standazd warranty on a commercial building roof is 10-20 yeazs. Staff entertained a 10-year roof
with the initial estimate.
Councilmember Bolkcom asked if staff looked into installing any solar or energy saving
materials.
Mr. Kosluchar said there was a discussion if that would be feasible, but it would involve a
totally different project. The new roof will not interfere with anything installed in the future.
Councilmember Bolkcom asked if there were any energy rebates to take advantage of.
Mr. Kosluchar said the energy rebates are not a source of funds for the project but energy
_ savings which could create a rebate of several thousand dollazs. The other avenue for additional
funding are grants. Staff has been watching for them, but a source of funding has not become
available. The issue is there aze no programs available right now and the roof repair cannot wait.
Councilmember Bolkcom said some companies do offer rebates.
Mr. Kosluchar said he met with a company that does financing or provides a level of funding so
the cost is not such an impact on the budget, but having a current allocation in the Building
Capital Fund will finance this project.
� Councilmember Bolkcom asked how this project relates to space planning.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2012 PAGE 6
d
William Burns, City Manager, answered they did not budget for a space planner this year or
next yeaz. There are no funds to build a new building or build an expansion of this building. It is
important to keep what we have in good shape and evaluate the current space needs. It is not '
realistic to consider a new building or expansion of this building,
Councilmember Bolkcom said she just wanted to make sure this is done right.
Dr. Burns said different people have different views but we need to stay in this building and
keep it well repaired.
Mr. Kosluchar added the fire station has pressure on their space and we were not able to fund
that expansion. The roof would remain intact and would not be altered by that expansion as
envisioned.
Dr. Burns noted once the imaging process is in place, we will be able to get rid of a lot of paper
which will save space in this building. We are way behind in that process.
Councilmember Bolkcom asked whether a white roof was included in the project.
Mr. Kosluchar clarified that there aze two white materials; white rubber and white TPO. We
are selecting the white TPO, number 4, which is a significant savings.
Mayor Lund noted there are four sections of the roof, with the fifth section being the Police
Departrnent gazage; he asked if that was all the roofs.
Mr. Kosluchar replied yes.
Mayor Lund said the metal flashing caps will be removed and the contractor will be re-using
this product if they aze in good shape. He asked if the contractor damaged them, would they
replace them at their expense.
Mr. Kosluchar answered yes.
Mayor Lund asked if the TPO material would go up and over the cap.
Mr. Kosluchar answered yes.
Councilmember Bolkcom asked if staff was confident with the price and if there would be any
change orders.
Mr. Kosluchar said the price is based on the information staff has right now. There were four
cores taken out of the roof. The cores will show the insulation and what is undemeath. As
always, hidden problems aze possible, but this is the best estimate based on the information we
have. If something occurs, the contractor must be fair with us on price.
a
e
a
*
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2012 PAGE 7
Councilmember Saetke said he has never seen a project yet that there is not something
' unforeseen. He asked if there should be something built into the price if something should
happen.
Mr. Kosluchar said the price is what it is, and if something comes up they will have to address
it.
Councilmember Saetke said the budgeted price is a good price to get the work done and there is
enough money in the budget to do it.
- MOTION by Councilmember Saeflce to receive bids and awazd the contract for the Municipal
Center Roof Replacement Project No. 418 to Central Roofing Company of Minneapolis, in the
_ amount of $213,310, to include the Base Bid and Alternates 1, 2, 4, 5, and 6. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Motion to Approve the Purchase of a New Imaging System and an Operating Transfer
Between the Employee Benefits Internal Service Fund and the Information Services
Internal Service Fund
Darin Nelson, Finance Director, said the City purchased its current imaging system in 1999
along with a server and jukebox system to azchive documents. The jukebox system is almost at
capacity and the server has reached the end of its useful life. The cost to upgrade these
components would be approximately $30,000. Besides the new hazdware costs, staff has
expressed concems over the past several yeazs that the current imaging system is inefficient.
3ome of the concerns include slow retrieval speeds, lack of intuitiveness in seazching for
documents, and lack of accuracy for retrieved maps.
Mr. Nelson said staff did extensive reseazch on finding the solution that would best fit the City's
needs. Laserfiche was found to fit those needs. The advantages of Laserfiche include:
. • Documents aze stored in a file system similar to that of Microsoft Windows, thereby
allowing users to drag and drop files.
, • The Laserfiche Workflow module will allow staff to automate many of their daily
work processes, such as accounts payable for example.
• Laserfiche Audit Trail provides a history of who has checked documents in and out
and follows any changes that have occurred.
• Laserfiche provides for easier search, navigation, scanning and adminisuative
features.
Mr. Nelson said staff requested proposals from all ttuee of the Laserfiche vendors in the metro
a area and is recommending Crabtree Companies, Inc., of Eagan as the preferred vendor. Crabtree
stood out as the vendor of choice for three reasons:
FRIDLEY CITY COUNCIL MEETING OF JUNE 25. 2012 PAGE 8
1. The Police Department currently utilizes Laserfiche supported by Crabtree through
the Anoka County Sheriff s Department.
2. There is free monthly training available for all staff. •
3. Their technical expertise stood above the other two vendors. Crabtree offered
workflow solutions in lieu of additional modules that were quite expensive.
Mr. Nelson said the total project cost is $58,534.20, which includes the initial purchase,
conversion, training, and the first year's maintenance costs. Staff recommends funding this
project through surplus funds available within the Employee Benefits Internal Service Fund.
This fixnd accounts for the accrued leave balances for all City employees, and as of the end of
2011, the Fund had an unrestricted fund balance of $229,000.
Mr. Nelson said the City has always funded 100% of this liability and due to that philosophy,
interest earnings over time have accumulated to the previously stated $229,000. As proposed in
the 2013 draft budget, we aze anticipating using $125,000 of this excess fund balance to supplant
the IS Internal Service Fund in 2013. With the reduction of $125,000 for the IS fund and the
$59,000 for Laserfiche this wil] still leave the Employee Benefit fund with $45,000 in
unrestricted fund balance.
Mr. Nelson said the $59,000 will be transferred to the MIS Internal Service Fund, which is
where all technology purchases aze made. Staff is truly excited about the opportunities
Laserfiche will bring to the City. There are a lot of innovations that will not only improve the
storing and retrieving of data, but the endless possibilities that workflows offer create
opportunities for change and increased efficiencies. Staff Recommends the City Council
approve the purchase of Laserfiche through Crabtree Companies, Inc. in the amount of
$58,534.20 and the transfer of $59,000 from the Employee Benefits Fund to the MIS Internal
Service Fund.
Councilmember Saetke noted the City already has imaged documents and asked if there would
be a seamless iransfer to the new system.
Mr. Nelson answered that Crabtree would convert over everything in a TIF image and put
documents into folders. No data that is already scanned would be lost.
Councilmember Saetke asked if this would require any extra stafftime.
Mr. Nelson replied staff time on our end would involve developing the structure in how the _
system will look as far as organizing files, etc.
Councilmember Saetke asked what the life expectancy of this technology was.
Mr. Nelson replied it is hazd to say because technology changes very quickly. This company
has been around for a while and the system is compatible with the Windows environment.
Councilmember Saeflce asked if free updates were included in the price. ,
.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25 2012 PAGE 9
Mr. Nelson said that is part of the annual maintenance costs.
Councilmember Saefke asked if they would correct any problems with the system.
Mr. Nelson answered yes. They would have remote access to our system.
Councilmember Bolkcom asked for clazification on the employee benefits and 100% liability.
Mr. Nelson answered that is actually how the fund is set up so there is cash and offsetting
liability which is employee paid time off, so the amount that is on our books is less than what we
- have in that fund. At no point in time will we pay aut more than what is in the fund.
Councilmember Bolkcom asked what the $45,006 was.
Mr. Nelson answered that is uncommitted funds.
Pam Reynolds, 1241 Norton Avenue, questioned why the City is looking into this expensive
technology as the City already stores documents in the PDF format. There is a Raid system for
mass storage of PDF files that could store 300M Council meeting packets and would cost
$3,OQ0. Why doesn't the city look into this instead of buying this system? This is an expensive
system to store PDF files in folders. Laserfiche and Docuserve are the same thing, just two
different softwaze programs. Is the purpose of this system to make less work for City employees
or to increase transparency of government and comply with government storage of records?
Ms. Reynolds said she cunently uses Docuserve and she is concemed Laserfiche will not
transfer the documents she would like to access. Are the documents in Lase�che going to be
able to be accessed? Converting documents to Laserfiche may take up more space because of
how the documents aze converted. Documents that exist on paper should be the only ones that
need to be scanned. Laserfiche scanning is not scanning as you still have to scan it in to put
documents into this system. There may be a system out there for $5,000 to do the same work.
Free training is great but there are expense factors involved ]ike transportation and meals for
staff. Training is key to making this system work.
_ Ms. Reynolds said her concem is it is June 25 and staff aze asking to move forwazd for payment
on June 29. Roseville and Maplewood has had issues with this system and Anoka County has
, also had some issues. A lot of times people jump on Laserfiche and in the beginning it is good
but afrer a while it isn't the best.
Mayor Lund noted that 70% of govemment units use this system. We tend to reseazch how this
is working for others so we do not make the same enors. The questions Ms. Reynolds asked
were good questions but it would have been helpful to send her concems to Council or staff to
reseazch before the meeting.
Mr. Nelson said the files will be electronically scanned to PDF file rather than print to PDF.
The documents will be saved in TIF images, as PDF fornnat is not an approved format. Staff will
save in the TIF format and export out in the PDF format. This new program will interface with
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, Z012 PAGE 10
other softwaze programs, and staff will be able to scan a baz code and scan the documents into
the system.
Councilmember Bolkcom asked how many staff are in the IT Department.
Mr. Nelson answered two people stretched very thin. It would not be feasible to meet the record
retention needs with two people.
Councilmember Bolkcom asked if staff heard anything from the other communities that they
were having problems with this system.
Mr. Nelson replied that Police Department staff use the Anoka County sheriff's system and have
not had issues. If there are any issues, there is customer support available.
Ms. Reynolds asked what the home user will see on this new system.
Mr. Nelson said the end user wil] still be able to access the system on public documents.
Laserfiche uses the same process and there should be a simpler seazch feature. Docuware is
currently set up with cabinets and Laserfiche will be structured with Windows so it will be easier
to see and find information. This system is completely different than Docuserve. It will be very
fast and efticient.
Mayor Lund asked about the resolution and if the resolution can be changed.
Mr. Nelson answered that the resolution can be changed and customized to what the City needs.
Ms. Reynolds heard that scans in this proposed system are made in less than 300 resolution so
the documents print out poorly. Laserfiche is a"one size fits a11" so everything scans at the same
resolution and the system is not flexible.
Mr. Nelson replied that he was not sure about that information.
Ms. Reynolds said the Raid system would not work for Fridley if the IT department only had
two people.
Councilmember Bolkcom noted that this is not a horizontal move; we are building for the
future. Laserfiche will uain staff, documents will be easier to find, the system has good history
with the Anoka County 5heriff's Department, and other cities are using this system.
Mr. Nelson agreed this is a big step up with document imaging and work flow and will take us
to the next level. 70% of the cities use this system for a reason.
Councilmember Bolkcom asked how long staff has been working on this project.
Mr. Nelson said they started looking at making changes the first of the year, so they have been
researching this information for six months.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25 2012 PAGE 11
Councilmember Saefke asked if the City goes paperless on a11 documents, what security
measures were in place for those documents that are non-public, private personnel type records.
Mr. Nelson answered there are security levels so only certain people will have access to non-
public information. This is a very secwe system.
Councilmember Saetke noted the cost of this system is less than the salary of one IT person for
one yeaz. He asked what the annual maintenance fee amount was.
Mr. Nelson answered $8,000 to $9,000 per year, which is the same as we are paying now. Plus
now we are paying for the Jukebox and other server that we will no longer need. The annual fee
will be the same or a little bit less.
MOTION by Councilmember Bolkcom to approve the purchase of a new imaging system and
an operating transfer between the Employee Benefits Intemal Service Fund and the Information
Services Intemal Service Fund. Seconded by Councilmember Saetke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Resolution Approving the Revised Investment Policy for the City and the Fridley
Housing and Redevelopment Authority.
Councilmember Bolkcom asked how ofren "periodically" would be as mentioned in the last
pazagraph of the Investment Policy.
Darin Nelson, Finance Director, answered 3 to 5 years depending on changes to state statutes.
Councilmember Bolkcom asked if that should be changed to say "very 3 to -5 years, no longer
than 5 years."
William Burus, City Manager, thought this policy should be reviewed when there are changes in
state statues or GASB policies changes.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-38. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to amend page 18, XVII Investment Policy Adoption to
read:
The City's Investment Policy shall be adopted by the City Council. The Policy shall be updated
as state statutes, GASB regulations or other governmental requirements dictate by the Finance
Director and any modifications made must be approved by the City Council.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2012 PAGE__12
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Informal Status Report
Councilroember Bolkcom thanked everyone who helped with the `49ers Days celebration.
There was a good turnout at the parade.
William Burns, City Manager, added that the Fridley Lions Club also worked hazd on this
event.
Councilmember Varichak said she thought everything was outstanding.
1 I .7`►A
MOTION by Counciimember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45
P.M. -
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
n
PLANNING COMMISSION MEETING
June 20,2012
Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m.
MEMBERS PRESENT: Jack Velin, Brad Sielaff, Brad Dunham, David Kondrick, Dean Saba,
and Leroy Oquist
MEMBERS ABSENT: Tim Solberg
OTHERS PRESENT: Stacy Stromberg, Planner
Approval of Minutes: May 16, 2012
MOTION by Commissioner Velin to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAII2PERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC I3EARING
Consideration of a Special Use Permit, SP #12-03, by Carlson Consulting Engineers, Inc.,
on be6alf of Sam's Club, to allow a motor vehicle fuel dispensing services by constructing a
gas station at Sam's Club, generally located at 8150 University Avenue NE.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner SielafE
UPON A VOICE VOTE, ALL VOTING AYE, CHAII2PERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04
P.M.
Stacy Stromberg, Planner, stated the petitioner, Mc Brent Shields with Cazlson Consulting Engineers,
Inc., who is representing Sam's Club, is requesting a special use permit to allow motor vehicle fueling
dispensing services by constructing a gas station within the existing pazking lot of the Sam's Club
property,located at 8150 University Avenue.
Ms. Stromberg stated the project will include the construction of a 192 square foot kiosk building, and
six fueling pumps that aze covered by a canopy. They will also install three underground storage gasoline
tanks. Pazking and circulation will be modified on the site to allow for the construction of the gas station,
and additional landscaping will be installed to provide screening and visual interest.
Ms. Stromberg stated the subject property is zoned C-3, General Shopping as is the Bachman property to
the north. T'he properties west and south aze zoned industrial and the properly to the east is a McDonald's
that is zoned G2, General Business. The properiy is located on the corner of 81�` Avenue and University
Avenue Service Road. The existing warehouse building was constructed in 1986. In 1993 and in 1994,
Sam's Auto Buying Program received special use permit approvals to allow sale and display of new
and/or used motor vehicles by automobile agencies. The property was replatted in 1997 to allow the
creation of the Bachman's lot to the north. A building addition was also constructed in 1997. A permit
has been issued this yeaz to do a major remodel of the existing building, which they aze currently working
1
Planning Commission Meeting
June 20, 2012
Page 2
on. This remodel will also include a new canopy area in the front of the building for loading of
merchandise.
Ms. Stromberg stated motor vehicle fuel dispensing services are a permitted special use in a C-3,
General Shopping zoning district, subject to stipulations.
Ms. Stromberg stated Sam's Club has been interested in constructing this gas station on their property
for several yeazs; however, the City's parking code standards would not allow them to eliminate parking
stails for the construction of this use. In the early 2005, rivo variances were granted to reduce the required
amount of parking stalls in commercial wning districts, for the redevelopment of Target and CVS.
Instead of continuing to grant variances, staff determined that we should analyze our parking standards to
see if a change needed to be made. Our analysis detertnined that we were requiring too many parking
stalls in our commercial zoning districts, so in 2005, the City approved a text amendment to reduce the
pazking code standazds for commercial properties from 1 stall for every 150 square feet to 1 stall for every
250 square feet of building area. As a result of this change, Sam's Club is now able to use some of their
Iazge pazking lot to accommodate the construction of the gas station and still be complaint with code
pazking requirements.
Ms. Stromberg stated the existing Sam's Club building is 135,192 square feet, and the proposed kiosk
building is 192 square feet, which will requ've 521 pazking stalls for the subject property. Currently there
aze 743 parking stalls on site, after the construction of the gas station azea, 623 will remain, therefore,
exceeding code requirements.
Ms. Stromberg stated the proposed canopy and kiosk building meet all setback requirements and the site
is at 24 percent lot coverage with the construction of the kiosk building and canopy, which also meets
code requirements. City Code dces state that all accessory structures need to be located in the side or rear
yazd and though staff generally relates this requirement to residential properties and things like sheds, we
wanted to point out that this use though accessory to the existing Sam's Club, could stand alone as a
principal use on the site and meet all code requirements, and therefore would be allowed.
Ms. Stromberg stated the new kiosk building will be constructed of CMU (concrete masonry unit)
painted block, which will be match and be compatible with the exterior of the existing Sam's Club
building.
Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as
motor vehicle filel dispensing services are a permitted special use in the G3, General Shopping zoning
district, subject to stipulations.
Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following
stipulations be attached.
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall ensure that all lighting on the property is shielded and downcast, so as to not
extend over the property line or create glaze.
3. Signs permits shall be submitted and approved prior to installation on the new canopy.
4. A code compliant landscape plan shall be reviewed and approved prior to issuance of a building
permit.
5. City Engineering staffto review and approve grading, drainage, and utility plan prior to issuance
oF a building permit.
2
Planning Commission Meeting
June 20, 2012
Page 3
Chairperson Kondrick noted the petitioner was unable to attend and the reason was unknown. Given
the less severe nature of this project and obvious benefit to the petitioner and the City, they are able to act
on this intelligently especially with the great work that has been done by CiTy staff. When they make a
recommendation to the CiTy Council, it should be noted the petitioner was not here; and that if he or she
has any input, complaints, or anything about this not to their liking, they will be able to voice their
opinion at the Council meeting.
Commissioner Saba stated it seems pretty straightforward.
Commissioner Velin stated his only concern is regarding the landscaping when it is located in the
parking lot.
Ms. Stromberg referred to the copy of the landscape plan in the Commission's packet. Within that plan
there are several medians azound the gas station area which are landscaped with shrubs, perennials, trees,
etc. Sam's Club over the years has lost several trees that were required as part of their original landscape
plan. That is why the City is requiring they submit a new plan to the City to ensure they are meeting
landscape requirements for the whole site. The City code does require landscaping throughout parking
lots so it is not just a sea of asphalt.
Commissioner Sielaff stated does the proposed landscaping around the gas station satisfy the
requirements of the gas station and the existing parking lot then?
Ms. Stromberg replied, it satisfies the landscaping for the gas station, but the CiTy wants to see a new
plan for the whole site. The City has not received that yet and it will be reviewed at building permit time.
They just want to make sure Sam's Club has the amount of trees they aze required to have based on the
size of their parcel.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED TI�
MOTION CARRIED UNANIMOUSLY AND THE PUBLTC HEARING WAS CLOSED AT 7:14
P.M.
MOTION by Commissioner Oquist approving Special Use Permit, SP #12-03, by Carlson Consulting
Engineers, Inc., on behalf of Sam's Club, to allow a motor vehicle fuel dispensing services by
constructing a gas station at Sam's Club, generally located at 81 SO Universiry Avenue NE with the
following stipulations:
1. The petitioner shall obtain all necessary pertnits prior to consWction.
2. The petitioner shall ensure that all lighting on the property is shielded and downcast, so as to not
extend over the property line or create glaze.
3. Signs permits shall be submitted and approved prior to installation on the new canopy.
4. A code compliant landscape plan shall be reviewed and approved prior to issuance of a building
permit.
5. CiTy Engineering staff to review and approve grading, drainage, and utility plan prior to issuance
of a building permit.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY. 3
Planning Commission Meeting
June 20, 2012
Page 4
Chairperson Kondrick asked when will this item go before the City Council?
Ms. Stromberg replied, 7uly 9'".
Commissioner Oquist asked whether the petitioner will be notified since they are not here tonight?
Ms. Stromberg replied, yes.
Ms. Stromberg stated she wanted to clarify that for tonight meeting, the petitioner would have received a
letter about the meeting date and time and she e-mailed him yesterday and called this morning. She is not
sure if something happened as they were to come from Tennessee.
2, Receive t6e Minutes of the May 3, 2012, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED TI�E
MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes ot the Apri► 2, 2012, Parks and Recreation Commission Meeting.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the January 17, 2012, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the Mioutes oi the May 8, 2012, Environmental Quality and Energy Commission
Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated that the Farmers Mazket text amendment was approved by the City Council as were
the Special Use Permits for electronic signs at St. Williams Catholic Church and St, Philip's Lutheran
Church. 4
Planning Cornmission Meeting
June 20, 2012
Page 5
ADJOURN
MOTION by Commissioner Oquist adjourning the meeting. Seconded by Commissioner Saba.
UPON A VOTCE VOTE, ALL VOTING AYE, CHAIItPER50N KONDRICK DECLARED TAE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:18 P.M.
Respectfully submitted,
j.���i�,�in p , %�%. � �
CC.� v�.. _,.�
Denise M. Johnson
Recording Secretary
5
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AGENDA ITEM
CITY COUNCIL MEETING OF JULY 9, 201Z
Date: June 28, 2012
To: William Burns, City Manager ���
From:
Subject:
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution to Approve 2012-13 SHIP Grant Funding Agreement
Background
The City of Fridley has been given the opportunity to enter into another contract agreement with Anoka
County to accept $18,000 in State Health Improvement Program (SHIP) grant funds. These funds do not
need to be matched by City dollars or repaid. The funds must be spent according to an agreed upon action
plan and budget, which staff has received preliminary approval of by Anoka County staff. In the initial SHIP
funding cycle, Fridley used its gant funds to help fund the East River Road Corridor Study and to collect
data for a Bike/LValk Study.
The purpose of this round of SHIP funding is to support efforts that allow people to get their recommended
60 minutes per day of exercise in their normal, daily routines — such as walking or biking to work, school,
shopping, or a transit stop. Fridley was selected as an excellent location for this effort due to our poveriy
levels and access to transit.
Planning staff has worked with the Anoka County Health Department staff to develop the attached action
plan and budget that meet the focus of the SHIP-related objectives already in place in Fridley's
Comprehensive Plan. Mainly, we need to complete the Bike/Walk Study that did not get completed in the
previous SHIP grant. The purpose of that study is to collect data that would be the basis for creating an
updated trail plan, which is referred to in Fridley's Zoning Code. The existing plan was approved by the City
Council in 1971, and is long overdue in being updated. The purpose of the Trai] Plan is to designate areas
needed for easements for future trails that would complete gaps in trail or sidewalk loops. It is also proposed
to use funds to print a Fridley traiUpoints of interest map for distribution to the public.
While the City no longer has a fulltime Environmental Planner to complete the SHIP project, we do have a
half-time, temporary Planning Intem, Kay Qualley, who could be hired an additional 10 hours per week to
complete this temporary grant project. Kay is eager to work the extra hours and extend her six month
intemship to complete the SHIP project.
Six months of the 18-manth term of this round of SHIP funding has already passed while staff straggled to
revise the action plan to fit our needs. This round of funding must be used by June 30, 2012.
Recommendation
Staff recommends that the City Council approve the SHIP agreement with Anoka County by approving the
attached resolution and authorize the City Manager to execute the agreement on the City's behalf.
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Statewide Health Improvement Prograro (SHIP)
wi[h Anoka County Community Health and Environmental Services
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MINNESOTA
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RESOLUTION NO. 2012 -
A RESOLUTION APPROVING AN AGREEMENT WITH ANOKA
COUNTY FOR A STATE HEALTH IMPROVEMENT PROGRAM GRANT
WHEREAS, Anoka CounTy, through its Community Health and Environmental Services
Department, has accepted a Statewide Health Improvement Program (SHIP) grant on behalf of
the City of Fridley from the State of Minnesota for the purpose of implementing strategies
targeted at reducing the percentage of Minnesotans who are obese or overweight and at reducing
the use of tobacco; and
WHEREAS, Anoka Counry desires to subcontract with the Ciry of Fridley to administer SHIP
Crrant projects that encourage more non-motorized transportation to encourage increased walking
and biking within the community; and
WHEREAS, the SHIP Grant provides a means for the City of Fridley to promote non-motorized
transportation in the community through map creation and distribution, as well as, updating its
1971 Bicycle Way Plan into an Active Living Plan, which will serve as a guide for future private
and public trail and sidewalk development within Fridiey; and
WHEREAS, the term of this SHIP Grant period is 18 months, from January I, 2012 — June 30,
2013;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby
approves the agreement for the SHIP Grant with Anoka County CHES and authorizes the City
Manager to execute the document on behalf of the Ciry of Fridtey.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TfIE CITY OF FRIDLEY THIS 9'�'
DAY OF JiILY, 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
10
SCOTT LLJND — MAYOR
� oF
FRIDLEY
TO:
FROM:
DATE:
AGENDAITEM
CITY COUNCIL MEETING OF JULY 9, 2012
William W. Burns, City Manager ���
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director ✓�
June 29. 2012
PW 12-049
SUBJECT: Receive Plans and Order Advertisement for Bids for the Main Street Sidewalk
Project No. ST2011-22
This Agenda ltem orders the advertisement of the Main Street Sidewa{k Project No. ST2011-22.
This project includes the installation of concrete sidewalk along the west side of Main Street. It will
begin at 60th Avenue and terminate at 57'h Avenue. The project also includes landscaping,
retaining walls, pedestrian ramp, and pavement markings.
Currently, staff is awaiting final authorization by MNDOT to adve�tise the project. In order to
expedite the advertising process, staff asks the Councii to approve the plans and order the
advertisement of the project. Advertisement for this project will be placed immediately upon
receiving authorization by MNDOT. Following advertising, bids are expected to be opened in
August and award to follow. Staff anticipates a favorable bidding climate and construction will be
performed this fall.
Thetotal project cost is estimated to be $177,000. The cost includes construction ($147,500) and
engineering ($29,500). This project is funded by a Transit for Livable Cities (TLC) grant and local
funding. The TLC grant is a Federal grant administered by MNDOT. Local funding includes
available money through the City's Minnesota State Aid account and "In-Kind Match" using staff
time for engineering and administration. No impact to the 2012 budget is identified. Funding for
this project is identified as follows:
$110,000 TLC Funding (Federal Grant)
$ 37,500 City MSAS Account
29 500 Citv In-Kind Match
$177,000 Total Project Funding
Engineering staff has prepared plans and specifications for this project. StafF recommends the
City Council adopt the attached resolution authorizing staff to advertise for the Main Street
Sidewalk Project No.
LRO:Iro
Attachments
ST2011-22 upon receiving authorization from MNDOT.
11
RESOLUTION NO. 2012 -
A RESOLUTION APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS:
MAIN STREET SIDEWALK PROJECT NO. ST2011-22
WHEREAS, the City Council of the City of Fridley has established a poiicy of constructing
pedestrian and bicycle faciGties when necessary, and
WHEREAS, the 2030 Comprehensive Plan has identified this segment of Main Street to be in need
of pedestrian and bicycle facilities, and
WHEREAS, the City of Fridtey was awarded a Transit for Living Communities grant for pedestrian
and bicycle facilities along nQain Street, and
WHEREAS, the Director of Public Works has submitted construction plans and specifications
identifying the installation of pedestrian and bicycle facilities for Main Street,
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofFridley, Anoka Counry,
Minnesota, as follows:
That pedestrian and bicycle facilities recommended for construction by the Public Works Depamnent
be constructed, and the work involved in said improvement shall hereafter be designated as Main
Street Sidewalk Pro�ctNo. ST201 1-22. The projectwilt include the segmentdescribed as follows:
Main Street from 57`h Avenue to 60'" Avenue
2. The plans and specifications prepared by the Director of Public Works for such improvements are
hereby approved and shall be filed with the City Clerk.
3. The work to be performed under Main Street Sidewalk Project No. ST2011-22 shall be performed
under one contract as may be feasible based on bids received
The Director of Public Wocks shall accordingly prepare and cause to be inserted in the official
newspaper advertisement for bids upon the making of such improvements under such approved plans
and specifications. The advertisement shall be published at least 10 days prior to bid opening, and
shalf specify the work to be done and will state that bids will be opened at 2:00 p.m. on Wednesday,
August 8, 2012, in the Counci] Chambers of the City Hall, and that no bids will be considered unless
sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or
certified check payable to the City of Fridley for five percent (5%) of the amount of such bid. The
advertisement for bids for Main Street Sidewalk Project No. ST20] 1-22 shall be substantially
standard in form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS9r"
DAY OF JULY, 2012.
SCOTT J LUND - MAYOR
Attested:
DEBRA A. SKOGEN - CITY CLERK 12
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AGENDAITEM
CITY COUNCI! MEETING OF JULY 9, 2012
QT7 OF
FRIDLEY
TO: William W. Burns, City Manager ,�;P'� PW12-026
FROM: James P. Kosluchar, Public Works Director
DATE: July 5, 2012 '
SUBJECT: Resolution Appointing Board Representation for the Mississippi Watershed
Management Organization
On March 12, 2012, the City Council approved Resolution 2012-21 approving the City of �
Fridley's participation in a revised Joint Powers Agreement (JPA) that establishes the
Mississippi Watershed Management Organization (MWMO). As part of this agreement, the
City of Fridley has one commissioner and one alternate that will represent the City on the
newly structured MWMO Board of Commissioners (Commission).
The JPA defines a Commissioner as any person appointed to the Commission by each
Member's governing body, and an Alternate as any person appointed to the Commission by
each Member's governing body to represent the Member in the absence of the Commissioner.
With the exception of the City of Hilltop, the Council of each Member appoints one
Commissioner to represent the Member to the Commission. Each Commissioner shall serve
the calendar year until his or her successor is appointed. Each Alternate shall serve a term
concurrent with the Commissioner. MWMO Commission vacancies are filled for the remainder
of the term by the Council that appointed or had the right to appoint the Commissioner. A
Commissioner may not be removed from the Commission except for just cause by the Council
that made the appointment. The Council of each Member shall determine the eligibility and
qualifications of its Commissioner and Alternate.
The current MWMO Commission is made up of a former Councilmember from �auderdale, a
Councilmember from Minneapolis, a member of the Minneapolis Parks and Recreation Board,
the Mayor of St. Anthony, and an acti�e citizen representative for St. Paul. Columbia Heights
has appointed a Councilmember to represent Columbia Heights and Hilltop. Staff of local units
of government that are Members of the watershed management organization are not eligible to
be appointed to the Commission.
After advertising for available board representation in accordance with Minnesota Statutes,
Section 103B.227, three applications to represent the City of Fridley were received.
Applicants were as follows:
14
• John Haluska of 5660 Arihur Street NE
• James Sae&e of 6131 5th Street NE
. Dolores Varichak of 1558 Briardale Road NE
All three candidates meet the minimum qualifications for appointment. One of the candidates,
Mr. Saeike, resides within the MWMO area. The others reside within the Rice Creek
Watershed District. Staff recommends that Mr. Saeflce is appointed as the Commissioner due
to his residency. A{so, staff recommends Ms. Varichak is appointed as Alternate, as Mr.
Haluska indicated on his application that at times he travels for business and may be
unavailable for some meetings. tt may be critical to provide Aiternate representation upon
short notice when the Commissioner cannot attend a meeting.
Staff would suggest considering Mr. Haluska as a candidate for the Citizen Advisory
Committee to the MWMO, however. The Citizen Advisory Committee (CAC) meets at the
request of the MWMO Board of Commissioners to assist with work such as review of funding
proposals (Stewardship Fund Grants, Capital Improvement Projects, etc.), budget review,
planning, and other special projects as designated by the MWMO Board of Commissioners.
The proposed Citizen Advisory Committee includes one representative from Fridley, along with
one additionai at-large representative. The CAC representation wouid be selected once the
new Commission meets and requires work of this committee.
Staff recommends Council move to approve the attached resolution appointing representation
to the Mississippi Watershed Management Organization Board of Commissioners.
JPKfjpk
Attachment
15
RESOLUTION NO. 2012 -
A RESOLUTION APPOINTING REPRESENTATION TO THE MISSISSIPPI WATERSHED
MANAGEMENT ORGANIZATION BOARD OF COMMISSIONERS
VVI�REAS, On March 12, 2012, the Ciry Council approved Resolution 2012-21 appcoving tt�e City of
Fridley's participation in a revised Joint Powers Agreement that establishes a modified Mississippi
Watershed Management Organization; and
WHEREAS, in accordance with this Joint Powers Agreement, the City of Fridley as a Member of the
Organization, shall appoint one Commissioner and one Altemate that will represent the City of Fridley on
the Mississippi Watershed Management Organization Board of Commissioners; and
WHEREAS, on June 18, 2012, the City of Fridley published a notice for representation with the
Mississippi Watershed Management Organization in accordance with Minnesota Statutes, Section
103B.227; and
WHEREAS, three persons submitted their names for consideration in being appointed to the
Mississippi Watershed Management Organization Board of Commissioners; and
WHEREAS, the Ciry Council has determined the candidates for Commissioner and Alternate that are in
the best interest of the City of Fridley;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA:
1. James Saeflce of 6131 Sth Street 1VE, is appointed as Commissioner representing the City
of Fridley on the Mississippi Watershed Management Organization Board of
Commissioners, and he shall serve the remainder of the calendar yeaz until his successor
is appointed.
2. Dolores Vazichak of 1558 Briardale Road NE, is appointed as Alternate representing the
City of Fridley on the Mississippi Watershed Management Organization Board of
Commissioners, and she shall serve the remainder of the calendar year until her
successoris appointed.
PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS 9`h DAY
OF NLY 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
16
SCOTT 7. LUND — MAYOR
CIfY OF
���
AGENDA ITEM
CITY COUNCIL MEETING OF
July 9, 2012
To: William W. Bums, City Manager
From: John Berg, Fire Chief
Date: 7une 27, 2012
Re: A Resolution Authorizing the Fridley Fire Department to Participate in Submitting a
Proposal to the Minnesota Department of Public Safety to Become a State Hazazdous
Material Chemical Assessment Team
The City of Fridley has been an active member of the North Metro Chemical Assessmeart Team
with the Coon Rapids and the Spring Lake Park/BlsineJMounds View Fire Departments since 1995.
The administrator of the North Metro Chemical Assessment Team will be Hazlan Lundstrom, from
the Spring Lake ParklBlaine/Mounds View Fire Depaztment.
The Minnesota Deparkment of Public Safety is soliciting proposals for a new contract term staRing
July 1, 2012. Participation by the Fridley Fire Department would be a continued benefit to the City
of Fridley.
Staff recommends a motion approving a Resolution Authorizing the Fridley Fire Department to
Participate in Submitting a Proposal to Minnesota Department of Public Safety to Become a State
Hazardous Material Chemical Assessment Team.
17
RESOLUTION NO. 2012 -
A RESOLUTION AUTHORIZING THE FRIDLEY FIRE DEPARTMENT TO
PARTICIPATE IN SUBMITTING A PROPOSAL TO THE NIINNESOTA
DEPARTMENT OF PUBLIC SAFETY TO BECOME A STATE HAZARDOUS
MATERIAL CHEMICAL ASSESSMENT TEAM
WHEREAS, the Fridley Fire Department has been an active member of the North Metro Chemicai
Assessmem Team, in conjunction with Coon Rapids, and Spring Lake Park/BlaineJMounds Vew
Fire Departments since 1995; and
WHEREAS, the Administrator of the North Metro Chemical Assessment Team wiil be Harlan
Lundsdrom, &om the Spring I.ake Park/Blaine/Mounds V'iew Fire Department; and
WHEREAS, the Minnesota Department of Public Safety is soliciting proposals for a new contract
term starting July 1, 2012, and
WH�REAS, participation by ttre Fridley Fire Departmem would be a cAntinued benefik to the City
of Fridley.
NOW, TI-�REFORE, BE TT RESOLVED, by the City Council of the Ciry of Fridley that the Fire
Department is directed to participate with the Fire Departments of Coon Rapids and Spring Lake
Park/BlainelMounds View in submitting a proposal for becoming a State Hazazdous Material
Chemical Assessment Team.
PASSED AND ADOPTED BY Tf� CTTY COUNCIL OF THE CTTY OF FRIDLEY THIS 9�'
DAY OF July, 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
SCOTT J. LLJND - MAYOR
'•
�
CfiY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
JULY 09, 2012
William W. Burns, City Manager �IP+°'
Darin R. Nelson, Finance Director�
July 09, 2012
Resolution Providing for the Sale of $1,295,000 General Obligation Equipment
Certificates, Series 2012A
Attached is the resolution provided to us by our Financial Advisors, Ehlers & Associates. The
resolution is for the sale of $1,295,000 in General Obligation Equipment Certificates. As you will
recall, the City issued equipinent certificates for the first time in 2010 as a means of preserving
necessary cash flow reserves needed to maintain current and future operations and service levels.
The issuance of equipment certificates is a borrowing method many cities have always used to
parchase capital equipment. The debt service for these funds will be generally matched to the life
of each asset acquired.
The equipment certificates provide funding for both 2012 and 2013 capital outlay items within the
Capital Equipment Capital Projects Fund. This Fund accounts for all equipment purchases other
than equipment purchased ont of the utility enterprise funds. Included in this year's certificate
issuance are routine equipment replacement items such as police squad cars and other public works
maintenance equipment. In addition to those routine items, there aze three lazger purchases that
account for approximatety two-thirds of the issuance. Those purchases include two 6-yazd
dump/plow trucks for the Streets Division budgeted at $135,000 each and pumper truck far the Fire
Department budgeted at $600,000.
These equipment certificates are designed to be repaid from a general ta�c levy that will be certified
to the County this fall. As part of the process of issuing these certificates, the City of Fridley is
required to undergo a fairly rigorous financial review process conducted by Moody's Investor
Service who acts as our bond rating agency.
It is anticipated that the bond sale will take place on August 20, 2012. Mazk Ruff from Ehlers will
be present at the Council Meeting on July 9 for any questions Council may have regazding the sale.
f� '��
Attachment
79
RESOLUTION NO. - 2012
RESOLUTION PROVIDING FOR THE SALE OF
$1,295,000 GENERAL OBLIGATION EQUIPMENI' CERTIFICATES, SERIES 2012A
WHEREAS, the City Council of the City of Fridley, Minnesota, has heretofore deternuned that it is
necessary and expedient to issue the City's $1,295,000 General Obligation Equipment Certificates,
Series 2010B (the "Certificates"), to finance equipment purchases of the City; and
WHEREAS, the City has retained Ehlers & Associates, Inc, in Roseville, Minnesota ("Ehlers"), as
its independent futancial advisor for the Certificates and is therefore authorized to solicit proposals
in accordance with Minnesota Statutes, Secrion 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Minnesota:
1. Authoriza6on; Findines. The City Council hereby authorizes Ehlers to solicit proposals for
the sale of the Certificates.
2. Meetin¢; Pronosal Opening. The City Council shall meet at 7:30 P.M. on August 20, 2012,
for the purpose of considering pmposals for and awarding the sale of the Certificates.
3. Official Statement. In connection with said sale, the officers or employees of the City aze
hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement
for the Certificates and to execute and deliver it on behalf of the City upon its completion.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
2
20
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 9, 2012
CfTY OF
FRIDLEY
Name
Greg Ackerman
.
Eric Boyles
COMMISSION APPOINTMENTS
Commission
Parks and Recreation
Environmental Quality & Energy
21
Term Expires
4/01 /15
4101115
f= AGENDA ITEM
COUNCIL MEETING OF JULY 9, 2012
�"'"OF CLAIMS
fRIDLEY
CLAIMS
155742-155897
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�
QTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 9, 2012
TYPE OF LICENSE:
Temporary Food
LICENSES
APPLICANT:
MAACO Collision Repair &
Auto Painting McClure
Automotive, Inc.
Chazles McClure
�
APPROVED BY:
Fire Inspector
Public Safety
Community Development
F
�'= AGENDA ITEM
CITY COUNCIL MEETING OF JULY 9, 2012
pi'( OF
FRIDLEY LI CE NS ES
. Ta William W. Burns, City Manager
From: John Crelly, Fridley Assistant Fire Chief
Date: July 9, 2012
Re: Annual renewal of rental licenses
Attached is a list of 25 properties that have completed the license renewal process. Each property
listed has submitted a rental license application, paid all fees, and has completed the rental
property inspection process.
Staff recommends the City Council approve the rental license renewal for these properties.
37
ProplD:
ios8
1488
�8�0
1626
uss
� soa
7539
1537
zoso
t 2s2
1734
zo�s
1649
ioas
1633
n�i
1859
1370
2050
1395
� sss
i�as
2085
1438
2o�s
Property Address
5791 2 1/2 St. N E
5601-074th St. NE
5724 4th St. NE
645 57th Ave. NE
6161 5th St. NE
120 62nd Way NE
50-60 63 1/2 Way NE
70-80 63 1/2 Way NE
41 65 1/2 Way NE
5400-04 7th St. NE
6200 Baker Ave. NE
6425 Baker Ave. NE
6444 Baker Ave. NE
101 Charles St. NE
5407 E BrennerPass
1020 Hathaway Ln. NE
5060 Hughes St. NE
191 Island Park Dr. NE
555D MeisterRd. NE
460 Mississippi St. NE
1601 N Innsbruck Dr. (161)
16D1 N Innsbruck Dr. (232)
1601 N Innsbruck Dr. (349)
1441-43 Rice Creek
6281 Trinity Dr. NE
RENTAL HOUSING
Units
2
4
1
1
1
1
2
2
1
3
1
1
1
12
1
1
1
12
1
103
1
1
1
1
1
Owner
Celso Robies
First Select Property Mgmt.
Trisha Selden
T & K Properties
Bob Feldiek
Dennis Cain
Allen Hoffer
Allen Hoffer
Meghan Cox
JRT Investments
Gregg Hebeisen
Good Domus, LLC Go PRO Realty Services
Christina Wood
Nathan & Darlene Schwartz
Stacy Neudahl
Shane Amundson
JK Rental Properties, Inc.
Cullen Homes, Inc.
BuildupAssets 1stAve., LLC
Fridley Apartments
Gabriela Schoener
Ross Bleichner
Tom Blomberg
Andrew & Elaine Kollar
James R. Yenish
Number of Licenses for approval: 25
�
e
�
CfiY OF
FRIDLEY
TO:
FROM:
DATE
AGENDAITEM
CITY COUNCIL MEETING OF JULY 9, 2012
William W. Bums, City Manager ���
V
James P. Kostuchar, PubiiC Worics Director
June 29, 2012
PW12-048
SUBJECT: Preliminary Assessment Hearing on Oak Glen Creek Improvements Project 380
Pursuant to discussion and direction of the City Council, a feasibility report has been prepared by the
City of F�diey Public Works Department with reference to the Oak Glen Creek Improvemerrts Project
380. On June 11, 2012, this repoA was presented to the Ciry Council. The City Council set a date for a
public hearing on assessments for July 9, 2012 at 7:30 P.M.
The proposed project intends to address stabi4ization of Oak Glen Creek that have been ¢rogressiveiy
eroding due to a combination of fac[ors, including land use, lack of vegetative cover, and undercutting of
non-cohesive banks during peak discharge flow eveMs. Projed components include: installation of rock
check dams, boulder sbpe stabilization, brush bundles and revetments for stabilization, vegetative
riprap, shrub plantings, erosion control blanket and seeding, e�dension of drainage pipes and rain
leaders, and installation of stormwater Best Managemerrt Practices (BMPs) and top of bank buffer
maintenance by property owners.
The total project cost is estimated to be a424,700, including engineering and administretion costs.
Construction costs are estimated at $384,500. The Moka Conservation Distrid (ACD) working with the
City of F�dley was successful in obtaining a$339,700 Ciean Water Legacy grant for this project. The
remainder of the project is proposed to be funded by bcal match sources, consistent with similar
projects completed by the City of Fridley. These wil� include 50% match funding (10% of the total
project costs) from the City's Stortn Water Utility Fund, and a like amouM from special assessments to
benefiting property owners.
On March 28, 2012, and May 15, 2012, the most recerrt meetings with beneffiing landowners were held
after mailed natfication to these owners. At these meetings, tandowners were updated regarding
project funding and grant funds received and to allow them to provide commeM regarding the possibility
of moving frnward wHh the projed. There were joint presentations by ACD, the design engineer, and
the City of Fridley. These presentations inGuded information on tree marking for removal under a
separate project, construction plans for this project, and easement acquisftion. Estimated project
budget and funding sources were presented.
Staff requests that the City Council open the preliminary assessmerrt hearing on Oak Glen Creek
improvements Proyect 38U and hear aU those who desire to address the CounciL
JPK:jpk
Attachment
39
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
OAK GLEN CREEK IMPROVEMENTS PROJECT NO. 380
WAEREAS, the City Council of the City oF Fridley, Anoka County, Minnesota has deemed it ercgedient to receive
evidence pertaining w the improvements hereinafter described
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 9"' day of July, 2012, at 7:30 p.m. the City
CouncIl will meet at the Fridley Municipal Center Council Cliambers, 6431 University Avenue, N.E., Fridley, MN
and will at said time and piace hear all parties interested in said improvements in whole or in part.
The ge�ral nature of the improvemenis is the construction (in the lands and streeu noted below) of the following
improvements, to-wit:
Stabilization and stormwater repairs, including iastallation of rcek check dams, boulder slope stabilizarion, bnLSh
bundles and reveUnents for stabilization, vegetative riprap, shrub plantings, erosion conffol blanket and seeding,
extension of drainage pipes and rain leaders, designated as OAK GLEN CREEK IMPROVEMENTS PROJECT
NO. 380, located along both sides of Oak Glen Creek &om East River Road to the Mississippi River
All of said land and pazcels between Glen Creek Road and Talmadge Way between East River Road and the
Mississippi River above are to be assessed proportionately according to the benefiu received by such
improvement. The City Engineer l�as estimated the project cost to be �424,700. A tabulation of esrimated costs is
available at the City's Engineering Office. A reasonable estimate of the impact of the assessnent for each
property will be available at the hearing. The City Engineer will be present to describe the physical and fmancial
impact of the proposed project as described in the project feasibility �epon and proposed plans and specifications.
Hearing impaired pecsons planning to attend the public hearing who need an imerpreter or other person with
disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than the 2"d day of
July, 2012.
Published: Fridley Focus
June 21a`, 2012
June 28`", 2012
. �
CIfY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
July 9, 2012
To: William W. Burns, City Manager
From: Dazcy M. Erickson, City Attorney �
Dazin R. Nelson, Finance Director �
Debra A. Skogen, City Clerk �
Donovan Abbott, Public Safety Director �C
Date: June 27, 2012
Re: Appea] Hearing and ResoluUon Denying a Liquor Managerial License for Emily
Louise Dirk
The City of Fridley received a liquor license renewal application on Mazch 12, 2012, from Rob Did
it Again Inc dba Chris & Rob's Chicago Taste Authority (Chris & Rob's). Chris & Rob's sells
strong beer and wine. Chapter 603, Section 603.20 of the City Code requires a liquor managerial
license for any person working as a manager of a licensed premises. Chris & Rob's provided three
liquoc managerial licenses. The license applications were then forwazded to the Fridley Police
Department for the background investigation required under Chapters 8 and 603 of the City Code.
On April 13, 2012, the Police Department completed its background investigation recommended
denial of the liquor managerial license for Emily L. Dirk based on her criminal history.
The City Clerk mailed a letter dated April 19, 2012, to Ms. Dirk that notified her of the denial and
grounds for denial of the license, as well as instructions on how to appeal the recommended denial.
The City Clerk received a letter, dated May 20, 2012, requesting an appeal before the City Council.
The City Clerk has had numerous communications with Ms. Dirk regarding scheduling of and
confirmation of the July 9, 2012, appeal hearing.
Staff recommends the City Council hold the appeal heazing to receive evidence and heaz testunony
on this matter.
Staff recommends denial of Ms. Dirk's managerial license. If the City Council agrees with the
recommended denial, a motion approving a resolution denying a liquor managerial license for
Emily Louise Dirk would be in order.
Attachment A is a proposed resolution affimung denial of Ms. Dirk's liquor managerial license.
The resolution sets forth information conceming the matter and contains proposed findings of fact
for the City Council's adoption. The City Council may adopt different findings of fact, add to these
findings of fact, as well as rriodify these findings of fact.
41
Attactunent A
RESOLUTION NO. 2012-
A RESOLUTION DENYING A MANAGERIAL LIQUOR LICENSE FOR
EMILY LOUISE DIRK
WHEREAS, the City of Fridley, Minnesota, regulates the sale of intoxicating liquor in
establishments located within the City, pursuant to the authority granted to it under Minnesota
Statutes Section 340A, by ordinance, specifically Section 603 of the Fridley Municipal Code;
and
WHEREAS, Fridley City Code Section 603.20.1 requires that a manager of on sale intoxicating
liquor establishments obtain a manageriallicense from the City and states: _
No person shall work as a manager of a premises licensed under this Chapter, and -
no licensee shall permit any such person to be so employed, unless such person,
within seven (7) days after first being so employed, shall apply for a license to
engage in such business. No persons may be so employed for any length of time if
their license is denied or revoked.; and
WHEREAS, on March 12, 2012, the City of Fridley received a managerial license application,
dated Mazch 6, 2012, from Emily Louise D'uk (the "ApplicanY') for her employment as a
manager at Rob Did It Again, Inc. dba Cluis & Rob's Chicago Taste Authority, which holds a
3.2% Ma1t Liquor and Wine License from the City of Fridley; and .
LVHEREAS, City Code Secrion 603.20.4 provides applicants with the right to appeal a denial of
a managerial license and it states: '
If the Police Department makes a recommendation that the license not be issued,
the applicant, upon request, shall be entitled to a hearing before the City Council
and may offer evidence to prove the license should be issued.; and
WHEREAS, the Fridley Police Department conducted a background investigation as set forth in
and.required by Fridley City Code Section 603.20.4; and
WHEREAS, the Applicant was convicted of a Misdemeanor, Issue Dishonored Check - Value
Not More Than $250, on June 7, 2011 (See Exhibits 1, 2, and 3, which are the Misdemeanor
Complaint, Petition to Enter Plea of Guilty in Misdemeanor Case Pursuant to Rule 15, and
Order, respectively); and
WHEREAS, the Applicant was convicted of a Felony, Theft - Take/Use/Transfer Movable
Property - No Consent, on January 24, 2012 (See Exhibits 4, 5, and 6, which are the Criminal
Complaint, Petition to Enter Plea of Guilty in Felony Case Pursuant to Rule 15, and
Order/Warrant of Commihnent, respectively); and
42
Resolution No. 2012 - Page 2
WHEREAS, with respect to the Felony theft conviction Anoka County District Court imposed a
condition that the Applicant "Can't hold a job that has a fiduciary responsibility." (See Eachibit
,; and
WHEREAS, with respect to the Felony theft conviction Anoka County District Court imposed a
condition that the applicant pay $18,050 restitution to Merritt & Lynette Frisbie and $1,89039
restitution to Lincoln Pawn (See Ezchibit 6); and
WHEREAS, Fridley City Code Section 603.20.6 states that:
Any license issued hereunder may be revoked for any violation of this Chapter or
of Minnesota Statutes Sections 340.07 through 340.40 or for conviction of any
crime or misdemeanor involving moral turpitude.; and
WIIEREAS, the power to revoke based upon the conviction of any crime or misdemeanor
involving moral tucpitude includes the right to deny a license on such grounds as well; and
WHEREAS, while moral turpitude is undefined in the Fridley City Code or Minnesota State
Statute, Black's Law Dictionary (6`� Ed. 1990) defines "moral turpitude" as an"[a]ct of baseness,
vileness or the depravity in private and social duties which man owes to his fellow man, or to
society in general, contrary to accepted and customary rule of right and duty between man and
man," and as an"[a]ct or behavior that gravely violates moral sentiment or accepted moral
standazds of (the) community...."; and
WFIEREAS, based upon the results of the background investigation, the Fridley Police
Department recommended denial of the ApplicanYs managerial license; and
WHEREAS, in an April 19, 2012 letter, the City norified the Applicant of the denial of her
managerial license and provided information regazding the right to appeal the managerial license
denial pursuant to Fridley City Code 5ection 603.20.4 (See Exhibit 7; and
WfIEREAS, in a May 20, 2012 letter, the Applicant requested an appeal of the denial of hex
managerial license (See Exhibit 8; and
WiIEREAS, by mutual agreement of the City and the Applicant, the appeal hearing was
scheduled for July 9, 2012 at 730 in Council Chambers, located at 6431 University Avenue N.E,
Fridley, MN; and
WHEREAS, the City Clerk has had numerous communications with both the Applicant and Rob
Dubnecay of Cluis & Rob's Chicago Taste Authority, the liquor licensee, regazding scheduling
of and confirmation of the July 9, 2012 appeal hearing (see Exhibits 9; and
WHEREAS, on June 27, the City Clerk sent notice of the hearing to the Applicant (see Exhibit
�; and
43
Resolution No. 2012 -
Page 3
WHEREAS, on July 4, 2012, the City Council conducted an appeal hearing regarding the denial
of managerial license for the Applicant; and
WHEREAS, Minn. Stat. § 364.03, subd. 1 provides that "no person shall be disqualified from
public employment, nor shall a person be disqualified from pursuing, practicing, or engaging in
any occupation for which a license is required solely or in part because of a pzior conviction of a
crime or crimes, unless the crime or crimes for wluch convicted direcUy relate to the position of
employment sought or the occupation for which the license is sought "; and
WHEREAS, Minn. Stat. § 364.03, subd. 2 states that "[i]n determining if a conviction
directly relates to the position of public employment sought or the occupation for which
the license is sought, the hiring or licensing authority shall consider: '
(1) the nature and seriousness of the crime or crimes for which the
individual was convicted;
(2) the relationship of the crime or crimes to the purposes of regulating the
position of public employment sought or the occupation for which the license is
sought;
(3) the relationship of the crime or crimes to the ability, capacity, and fitness
required to perform the duties and discharge the responsibilities of the position
of employment or occupation.; and
WHEREAS, Minn. Stat. § 364.03, subd. 3(a) and (b) state that:
a
(a} A person who has been convicted of a crime or crimes which directly
relate to the public empioyment sought or to the occupation for which a `
license is sought shall not be disqualified from the employment or
occupation if the person can show competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the public
employment sought or the occupation for which the license is sought.
Sufficient evidence of rehabilitation may be established by the production
of:
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since
release from any local, state, or federal correctional institution -
without subsequent conviction of a crime; and evidence
showing compliance with all terms and conditions of _
probation or parole; or
(3) a copy of the relevant Department of Corrections discharge
order or other documents showing completion of probation or
parole supervision.
(b) In addition to the documentary evidence presented, the licensing or
hiring authority shall consider any evidence presented by the applicant
regarding:
..
ResolutionNo. 2012 -
(1) the nature and seriousness of the crime or crimes for which
convicted;
(2) all circumstances relative to the crime or crimes, including
mitigating circumstances or social conditions surrounding the
commission of the crime or crimes;
(3) the age of the person at the time the crime or crimes were
cammitted;
(4) the length of time elapsed since the crime or crimes were
committed; and
(5) all other competent evidence of rehabilitation and present
fitness presented, including, but not limited to, letters of
reference by persons who have been in contact with the
� applicant since the applicanYs release from any local, state, or
federal correctional institution.
Page 4
NOW, THEREFORE BE IT RESOLVED by the Ciry Councii of the City of Fridley after
listening to all of the facts presented hereby makes the following FINDINGS OF FACT:
1. That each and all of the foregoing factual statements aze true and correct and aze
incorporated herein as part of the findings of fact and record of these proceedings.
2. That each and all of the foregoing e�chibits, E�ibit 1 through 10 aze incorporated
herein as a part of the record of these proceedings.
3. That Fridley City Code Section 603.17 states
No person shall work as a manager of a premises licensed under this
Chapter, and no licensee shall pemrit any such person to be so employed,
unless such person, within seven (7) days after first being so employed,
shall apply for a license to engage in such business. No persons may be so
employed for any length of time if their license is denied or revoked.
4. Fridley City Code Section 603.20.6 states:
Any license issued hereunder may be revoked for any violation of this
Chapter or of Minnesota Statutes Sections 340.07 through 340.40 or for
conviction of any crime or misdemeanor involving moral tutpitude.
5. The power to revoke a license based upon a conviction of a crime or misdemeanor
involving moral turpitude includes the power to deny a license on those grounds.
6. The Applicant's conviction fot Misdemeanor Theft — Issue Dishonored Check —
Value Not More Than $250 is a crime of moral tntpitude, as it is a crime of
dishonesty and violates accepted moral standazds in the community.
45
Resolution No. 2012 -
7
Page 5
The ApplicanYs conviction for Felony Theft — Take/CTse/Transfer Movable Property
— No Consent is a crime of moral turpitude, as it is a crime of dishonesty and violates
accepted moral standazds in the community.
8. The Applicant's Misdemeanor
the Applicant is untrustworthy
granted by a managerial license,
Theft and Felony Theft convictions demonstrate that
or otherwise unqualified to act under the authority
9. The State of Minnesota and the City of Fridley regulate the sale of liquor and require
licensure of premises, license holders, and managers to minimize societal
consequences associated with the irresponsible dispensing of alcoholic beverages.
10. A manager acts on behalf of and for the benefit of the liquor licensee and is required
to enforce the liquor laws of the State of Minnesota and the liquor ordinances of the
City of Fridley. Among the responsibilities placed on managers are preventing the
sale or provision of alcoholic beverages to minors and obviously intoxicated persons,
sales outside established hours, and accurate reporting of liquor/alcoholic beverage
sales. All of these societal and legal expectations necessarily depend upon managers
knowing and adhering to the laws and regulations regazding the sale of
liquor/alcoholic beverages.
11
The Misdemeanor Theft conviction and particularly the Felony Theft conviction
are serious crimes involving dishonesty and deceit to intentionally and
wrongfully o6tain goods or funds.
12. Enforcement of the State and City liquor regulations requires the ability to recognize
and obey such regulations and the ApplicanYs recent criminal convictions cast
significant doubt on her ability to recognize, obey, and enforce laws.
13. The ApplicanYs record of criminal convictions, including the very recent one for
Felony Theft, creates significant doubt that she can be relied upon to exercise the
significant responsibilities placed upon a licensed manager to keep herself and her
employees in compliance with State laws and City regulations.
14. Very little time has lapsed since Applicant's commission of the Felony Theft, which
was chazged by formal complaint May 16, 201 ], and the ApplicanY s March 12, 2012
request for a manager's license. The Applicant pled guilty to Felony Theft on
November 14, 2011 and was subsequently sentenced on her Felony Theft conviction
on January 24, 2012.
15.
16
The Applicant is currently on supervised probation for a period 10 yeazs to Anoka
County Conections until Januazy 24, 2022.
Among the terms and conditions of the ApplicanYs felony theft probation aze the that
she:
' •.
Resolution No. 2012 -
A. "[c]an't hold a job that has a fiduciazy responsibility."; and
Page 6
B. pay $18,050 restitution to Merritt & Lynette Frisbie and $1,890 restiYution
to Lincoln Pawn.
17. Black's Law Dictionary, 6`� ed. defines "fiduciary duty" as"[a] duty to act for
someone else's benefit, while subordinating one's personal interests to that of the
other person. It is the highest standazd of duty implied by law (e.g. trustee,
guardian)."
18. The position of manager naturally involves fiduciary responsibilities as she must act
on behalf of and for the benefit of the liquor licensee and the conditions of the
ApplicanYs Felony Theft probation specifically preclude her from hoiding fiduciary
responsibilities.
19. The ApplicanYs Misdemeanor Theft and Felony Theft convictions cast doubt on her
ability to subordinate her personal interests to those of her employer, a liquor licensee
that could be subject to liability for violation of State and City liquor regulations, and
the public and act for the benefit of both.
20. The Misdemeanor Tiieft and Felony Theft convictions, which aze crimes of
dishonesty, raise graue concems regazding the ApplicanYs ability to exercise the
significant responsibiliues placed upon a licensed manager to keep herself and her
employees in compliance with State and City, liquor regulations, which are intended
to protect the public.
21. The Felony Theft involved a significant amount of cash, as well as valuable property
(jewelry and collectible coins}.
22. The Applicant has not presented evidence of mitigating circumstances or social
conditions surrounding her crimes that sufficiently outweighs the strong interests of
the City and the public in enforcement of State and city liquor cegulations.
23. The Applicant was of sufficient age and understanding at the time of the commission
of both the Misdemeanor Theft and Felony Theft crimes and, consequently, such
crimes cannot be chazacterized as indiscretions of youth.
24. Less than four months lapsed between the ApplicanYs guilry plea in connection with
the Felony Theft and her application for a manager's license, which is too short of a
time to adequately demonstrate rehabilitation.
25. Given the significant public safety concerns and considerations associated with
alcohol and the necessity for trustworthiness and reliability with respect to liquor law
and ordinance enforcement, the ApplicanYs recent record of crimes of dishonesty cast
doubt on her ability to do so now.
47
Resolution No. 2012 -
26. The Applicant has not provided sufficient evidence of rehabilitation.
Page 7
27. It is not in the interests of public safety to issue the Applicant a managerial license.
BE IT FURTHER RESOLVED THAT based on these findings, the City Council of the City of
Fridley hereby denies Emily Louise Dirk a managerial license required by Fridley City Code
Section 603.20.1 as allowed by Fridley City Code Section 603.20.6.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2012.
Attest:
Debra A. Skogen, City C[erk
.;
Scott J. Lund, Mayor
, STR�TE UF MINNESOTA
^� �� `��� -- . .. _ .
Exhibit 1
F—
DISTRICT COURT
COUNTY OF ANOKA � TENTH JUDICIAL DIS7RICT
��,„
State of Minnesota .''' ' Drivers License No. R=388-136-424-719
(City of Blaine), .; Ticket No. 812-209
�����" �;-� � ICRNo.08-310579
"���� Agency No. MN0020200
� �;;
• - :.,«-��..:
Plaintiff, ...
'-`` � �`"�' 'Court File No. 02-CR-09-3579
vs.
MISDEMEANOR COMPLAINT
Emily Louise Dirk
4021 Flowe�eld Road
Circle Pines, MN 55014
DOB: 6/14/79
Defendant.
COMPLAINT
The Complainant being duly sworn, makes complaint to the above named Court and states
that there is probable cause to believe that the above named defendant committed the offense(s)
described be�ow. The Complainant states that the following facts establish PROBABLE CAUSE:
' This complaint is based on information from the following reliable witnesses:
Officer Knutson of the Blaine Police Department.
The defendant was identified as having the foliowing name, date of birth, and address:
The individual was identified as Emily Louise Dirk, born on June 14, 1979 [hereinafter defendant]
address as above.
The bffense occurred at the following date, time and locafion:
On November 10 and November 12, 2008, at Milis Fleet Farm located at 10250 Lexington Avenue
in the City of Blaine, County of Anoka, State of Minnesota.
The witnesses made the following observations: On November 10, 2008, a female, identified
as-Emily Louise Dirk, the defendant herein, presented check number 1084 in the amount of 47.11,
and on November 12, 2008, presented check number 1087 in the amount of 27.72 both drawn on a
Premier Bank checking account to Mills Fleet Farm located at 10250 Lexington Avenue, in the City
of Blaine, County of Anoka, State of Minnesota, copies of which are attached. The checks were
deposited in the business's bank in the course of business and later returned with the notation
"NOT SUFFICtENT FUNDS" stamped on their face. Pursuant to.Minn. Stat. 609.535, Milis Fleet
Farm mailed a notice by certified mail supported by an Affidavit of Mailing to the defendant
informing the defendant that the checks had not been paid and demanded payment of the checks
and the bank service fee of $30.00 for a total of $134.83, within ten business days. The defendant
failed to pay the checks and the checks remain unpaid to date. The defendanYs checks were in
consideration for goods and services provided by the business and were not for past consideration.
..
%
�
(�-
The above facts constitute the ComplainanYs basis for believing that the above named
defendant, on November 90 and 12, 2008, in the above named County, committed the following
described OFFENSE(S)
Count I: Issue Dishonored Check
in violation of M.S.§.609.535.2A(A)(3)
$1,000.00190 days or both
THEREFORE, Complainant requests that said defendant, subject to bail or conditions of
release where applicable.
(1 } be arrested or that other (awful steps be taken to obfain defendants appearance in court;
or
(2) be detained, if already in custody, p�nding f r pr eedings; and that said defendant
othennrise be dealt with according to law. ,
Subsc�ed,and om to befo�re1�me�n
c,�
CN�, G2�� ���y�-j-�.�-t�
Deputy Court Admini or/Notary Pu� °bl� ic
Being duly authorized to prosecufe
Dated: 6_ i 6_ � oI
Name
WENOE D. �ERGUSON
NpTARY PUBLIG - MINNESOTA
f Canmission Ex�res'lan. 31, 20�
for
St. Paul, Minnesota 55126
(65f)222-2541
FINDING OF PROBABLE CAUSE
`i�,l,SpN
approve this Complainf.
From the above sworn facts, and any supporting a�davits or supptemental sworn fesiimony,
!, the Issuing Officer, have determined that probable cause exists To support, subject to baii or
conditions of release where applicable, defe�dant's arrest or other lawFul steps to be taken to
obtain defendants appearance in Court, or detention, if alread in custody, pending further
proceedings. The defendant is therefore charged with the ab ve stated offense.
Dated: b Z� , , . .
Judge of a Distri ^��"��T�; G�1NT1"OF.ANOKA
6a �Ntrue.aM aortact copy af iNa
,� orpinal on We.and W rocord in my olfiae
.�;are�a�6 2012 '
z
a�
�,� . `�a � .. r� �c a.z.
7ATE OF MINNESOTA
OUNTY OF ANOKA
;ate of Minnesota,
Plaintiff,
�--
-vs-
�����t. 1�0��� � i�� ,
�nt.
): THE ABOVE-NAMED COURT:
That I am charged with:
FEi
ne F
� ��.�!r
rr�;
Defendant in the above-entitled action
F.achibit 2
� DISTRICT COURT
' � TENTH JUDICIAL DISTRICT
' PE7ITION�TO ENTER RLEA•OF
GUILTY {N MISpEMEANOR CASE,
PURSUANT TO RULE 15
File No: �Z L� — Q`� '�S7 y
;pectfully represents antl states: �
L��
That I plead guilty to: �S Sm�u. dT {�`�� �.� C�� �
That I am pleading guilty because I commitYed the following acts:
That I understand the maximum possible sentence for the offense I am pleading guilty to is a fine of $1,0�o or 90
days in jail, or both.
That I have fufly discussed the charge(s), my constitutional rights, and this pefition with my attorney,
�
ThatJ understand I have the right to be represented by an attomey — either a private attomey that I would hire at
my own expense, or an attomey (the pu6lic defender) who will be appointed without cost to me if I cannot afford to
pay for a� attorney. I hereby waive that right to be represented by an attorney, whether a private attorney or the
public defender. �
That i understand 1 have the following constitutional rights which I knowingly and inteiligently waive:
a. The right to a trial to the Court or to a jury of 6 persons, and that all 6 persons on the jury would have to
agree that I was guilty before I could be found guiity;
b, The right to confront and cross-examine all witnesses against me;
c. The right to subpoena and present defense witnesses of my own;
d. The right to remain sile�t or to testify for myseif;
e. The right to be presumed innocent unless and until the prosecution proves the charges against me beyond
a reasona6le doubt;
f. The righ# to a pre-trial hearing to confest the admissibility af trial of any confessions or statements I may
have made to the police, and to contest evidence the police o6tained against me through searches and
seizures.
That i am entering this plea freely and voluntarily and without any. promises except the following plea agreement
, with the prosecutor. (if none, so state)
J � [-iw �f e j.��\� i 1M �M f�� .
That I understand if the Court does not approve this agreement I have the right to wifhdraw my plea of guilty and
have a trial. �
=o: tr2�' l �
efenda .
re petition is to be filed in lieu of personal appearence by. defen nf, add the foltowing declaration)
' states that f.am the attomey Forthe defendant in the above-entitled criminal ac6on; that I
naily explained the contents of the atiove,petition to defendant; and that to the 6est of my knowledge defendant's
;tutional rights have not been violated and no meritorious;defense eXists to the charge(s) to which defendant is
�ng guiity; that i personally ob�$�g�r R���p�pk��e above petition; and that I concur in the eritry of
danYspleaofguilty. �f,-�my�aaueiiidw�iadcaPYa��
.�. crlpNs� on uia eno or. record N mr �� 5,� . . � . �
°: JUN -2.6 2Qi� .
�/�-�q;� g,��/, �Cou�tAdmidiiiw4oey for Defendant
•v iam�� � . ' _ _, ( _ .F( 1. I_ I _ � n R �� . . .
; �
�I
t
L
The State of Minnesota
Anoka County
State of Minnesota vs EMTLY LOUISE DIRK
�'6`--��� �--- Exhibit 3
:�:f�^. Y .: ';�S:IY .
EruW2 F.'v�. � � i ri'...� ,!iiL'!7
District Court
' �_ � � 2� �� lOth Judicial District
� C�t:^�s,'a3�d�
.. cep_�t:, ORDER
Case Number: U2-CR-09-3579
CURRENT DEFENDANf INFORMATION
Known Address: 4021 FLOWERFIELD RD Correspondence Address: 4021 FLOWERFIELD RD
CIRCLE PINES, MN CTRCLE PINES, MN
55014 . 55014
Phone Number: (H) 763-202-2112 3ex: Female
DOB: 06/14/1979
CASE CAAI2GES
Ct Statute Type Description Disposition
1 609.535.2a(a) Charging. ISSUE DISHONORED CHECK-VALUE C�nvicted
(3) NOT MORE THAN $Z50
TERMS OF DISPOSPTION OR SENTEiVCE: COUN1' 1
Level of Sentence: Misdemeanor
Date Pronouncedl June 07, 2011
Offense Information
Ct Offense Date Statute Description Offense Dispositiore
1 11/l0/2008 609.535.2a(a)(3) [SSUE DISHONORED CHECK-VALUE Convicted
NOT MORE THAN $250
MOC at Filing GOC Controlling Agency Controlling No.
Blaine Police Department
Sentence Details
Fees
Restitution
Blai�e Prosecution Costs
Subtotal
$134.83
$60.17
$195.00
Due
Fite: 02-CR-09-3579 � - Pege I oF 2' � Pnn[ed on 06/W/2011 et I150 AM '
� Stste of Minneso�a vs ��OUISE DIRK " . .
L
GRAND TOTALS
� Cash Bond Ordered Ap.plied to Fine and Refund
Bail for restitution and pros costs. Restitution to fleet farm.
Date of Sentence: 06/07/2011
SIGIYATURE
�
Original Amount: $195.00
Judge Thomas M. Fitzpatrick
Sentence pronounced on 06/07/2011 by District Court Judge
- Court Administrator: Jane F. Morrow 763-422-7350
Ifyou have questions regarding the terms of your sentence or disposition, please contact your probation
agenl or court administralor.
SL41� OF fl6NJNE�1'A; CCl1NTY OFJ�MJOKA
C9f�lid 41 b9 A BL! 8.'I�COff6d 60py BfYf78 •.
o�4ial on fite and tocor9' �ro9.
. �� a ��
JennHxA. Sd�ispar, wtAdmirwe4ato�
�: �
AoP�!'
File: 02-CR-09-3579 � Page? q�'� Prinkd on DbN7201 I al I I:iO AM
� � SlateofMimresolavsEN�i�5liouisE�iaic
� Emily Louise Dirk E—
F7LED
� Jene F h;orro
� -c�drtAdministration
Exhibit 4
�=-- CA-201I-00684
STATE OF MINNESOTt� �Ay ' 6 209� DISTRICT COURT
COUNCY OF ANOKA �� TENTH NDICIAL DISTRICT
�aYax^ . �
:�g�;;�, COURT FIL,E N0. �) ��G�2�'( I� SSOU
COUNTY ATT�RNEY FILE NO. CA-2011-00689
State of Minnesota,
Plaintiff,
v
EMII.Y LOUISE DIItK (DOB: 06/14/1979)
4021 Flowerfield Road
Circle Pines, MN 55014
Defendant.
CRIII�IINAL COMPLAINT
[ ] Summons [ ] Warrant
[X] Order of Detention
Amended
Tab Chazge Previously Filed
The Complainant, being duly sworn, makes complaint to the above-named Court and states that
there is probable cause to believe that the Defendant committed the following offense(s):
/C COIJNT 1: THEFT (OVER 55,000) � �� �
Minnesota Statutes §609.52, Subd. 2(1); 609.52, Subd. 3(2); 609.101 S„/� /
PENALTY: 0-10 Years and/or $6,000 -$20,000. � to �,.v
On or about a period from February, 2011 to May 14, 2011, in the County of Anoka,
Minnesota, EMII,Y LOUISE DIltK, did intentionally and without claim of right take, use,
transfer, conceal or retain possession of movable properry of another without the other's
consent and with intent to deprive the owner permanently of possession of the properry, and the
value of the property or services stolen exceeds $5,000. �a �� �? 3 �
�/ GN
� � $�o, a.J�
� °'
� � �c'°
-4_'
54
�
Emily Louise D'uk � �' CA-2011-00689
STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Your complainant is Detective Kristofer Robert Cazlson of the Centennial Lakes Police
Deparhnent. In that capacity, your complainant has reviewed written reports, conducted an
investigation of his own, and leazned the facts stated herein.
On May 14, 2011, Officer William Jacobson of the Centennial Lakes Police Departrnent
was dispatched to 4021 Flowerfield Road in Lexington, Anoka County, to take a theft
report. Upon arrival at that location, Officer Jacobson met with resident Merritt Frisbie.
Frisbie reported that he is a member of a car club called "Frankenstiners" and he was
responsible for keeping caz show entrance fee money collected by the club. Frisbie stated
that he kept the money collected in a plastic peannt }az in his bedroom at the residence.
Frisbie estimated that jar contained $8500. Frisbie was going to get cash &om the jaz on
May 14, 2011, and found all of the cash was missing from the jaz. Frisbie suspected his
daughter, EMII.Y LOIJISE DIRK, D.O.B. 06/14/1979, the defendant herein, had taken
the money.
2. The defendant was present at the residence at the time the report was made to Officer
3acobson. When Officei 7acobson asked the defendant if she Imew anytlung about the
missing money, the defendant stated that she had done a"bad thing" and had taken the
money. In a subsequent statement to police, the defendant admitted taking money from
the jaz about three months ago. She stated that she had made two $200 payments to the
jaz, but she ended up taking that money as well. The defendant stated that she was.
unemployed and had used the.money to buy "odds and ends".
3. Following ttie initial theft report, Officer Jacobson received information from Frisbie that
he had located two pawn slips in the defendanYs purse involving transactions occurring at
Pawn America on May 9, 2011 and at Lincoln Pawn & Jewelry on May 13, 2011. The
pawn slips indicate that the defendant sold two jewelry items to Pawn America and three
jewelry items to Lincoln Pawn & Jewelry. Frisbie reported tl�at the description of the
sold jewelry matched the description of jewelry ihat he and his wife owned that was now
missing from the residence. A further check of the residence by Frisbie found that he was
missing a number of additional jewelry items and collectible coins. An empty envelope
wlrich had previously held some of the missing collectible coins was also found in the
defendant's purse. Frisbie estimated the total value of the missing property to be
$41,000.
55
Form Reieased Juty, 2005 (I� SP_0339b) ' � Page?
�
Emily Louise D'uk
�
CA-2011-00689
Complaint requests that Defendant, subject to bail or conditions of release, be:
(1) arrested or that other lawful steps be taken to obtain Defendant's appeazance in court;
or (2) detained, if already in custody, pending further proceedings; and that said Defendant
otherwise be dealt with according to law.
COMPLAINANT'S NAME:
Detective Kristofer Robert Carlson,
COMPLAINANT'S
Subscribed and sworn to before the undersigned this
NAIVIE/TITLE:
DYANfVA L STRF�r
lt.L�l�
Being authorized to prosecute the offenses chazged, I approve ttris complaint.
Date: S/� � / ( I
ATTORNEY'S
Name: Bry�ft R �erg, 155512
Assistant Anoka ounty Attomey
Anoka County Government Center
2100 Third Avenue, STE 720
Anoka, MN 55303
Phone: (763) 323-5643
Fax:(763)422-7524
�
56
Form Released Juiy, 2005 {ITD_SP 0339b) � ' Page 3.
11.
Emily Louise Dirk � (�— CA-2011-00689
FINDING OF PROBABLE CAUSE
From the above sworn facu, and any supporting affidavits or supplemental swom testimony, I, the issuing Officer,
have determined that probable cause exisu to snpport, subject to bail or condiAOns of release where applicable,
DefendanYs arrest or other lawful steps be taken to obtain DefendanYs appearance in court, or DefendanYs dete�on,
if already in custody, pending furthec pcoceedi¢gs. Defendant is therefore charged with the above-statsd offense.
[ � SUMMONS
TF�REFORE YOU, THE ABOVE-NAMEA DEFENDANT, ARE I�EREBY SUMMONED to appeaz on
, at! before the above-nemed cou�t at the Anoka County Comthouse, Anoka, MN 55303 to answe[
ttus complaint.
IF YOU FAIL TO APPEAR in response to this SUMNIONS, a WARRANT FOR YOUR ARREST shall be issued.
[ ] wax�rrT
To the Sheriff oFthe above-named county; or other person authorized ta execute tlus warrant: I hereby order, in the
name of the State of Minnesota, that the above-named Defendant be apprehended and azresfed without delay and
brought promptly before the above-nazned court (if in session), and if not, before a Judge or Judicial Officer of such
court without unnecessary delay, and in any event not lazer than 36 hours after the arrest or as soon as such 7udge or
Judicial Officer is available to be dealt with according to law.
[] Execute in MNOn1y [] Execule Nationwide [] Execute in Barder States]
[X] ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that
the above-named Defendant continue to be detained pending further proceedings.
BaiL•
Conditions ofRelease: /;, A;�
�f �.
T',Eofnplaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer tlus� day of
i�il_, ��- 2011.
NDICIAL OFFICER:
rra�: DYANNA z STFt�E �
Ti�r�,E:
Swom testimony has been given before the Judicial Officer by the
COUN'T'Y OF ANOKA
STATE OF MINNESOTA
STATE OF MINNESOTA
rlainhff,
vs.
ENIILY LOUISE DII2K
� Defendant
Form Released July, 2005 {ITD_SP_0339b)
or F�le Siamp:
RETURN OF SERVICE
I hereby Certrfy and Refurn that I have served a capy of
ihis COMPLAQVT upon the Defendaru herein named
Signature of Authorized Service Agent:
�
Ce�4Twd ta��� COUNTY OF ANOKA
oripinal on file and ot �r�y � t�
JUN 2 �� _
� • �d�N�po�� couA Rdmin+i�eMr
�'� Li
Depuy
Page 4
/
� ' Emily Louise Dirk �. � CA-2011-00689
DEFENDANT DATA / CHARGE SHEET — ATTACFIlVI�NT A
Defendant name:
Defendant alias name(s):
Defendant DOB:
A1ias DOB(s):
Defendant last known
address:
State ID:
Emily Louise Dirk
06/14/1979
4021 Flowerfield Road
Circle Pines, MN 55014
OTHER DEFENDANT / CASE IDENTIFIERS:
Fingerprinted? [ X] Yes [] No [] Unknown
� Handgun permit? [ ] Yes [ ] No [ X ] Unlmown (Issuing Agency: )
I Location of 4021 Flowerfield Road
Violation:
I IF DRIVING OFFENSE:
Driver's License Number: R388136424719
License Plate Number:
Accident Type: [] No injury/no damage
check a11 that apply -
[ ] Personallnjury
Blood Alcohol Concentratiott (BAC):
Issuing State: MN
Issuing State:
[ ] Property Damage
[ ] Fatality
�
�
Fwm Released July, 2005 (1� SP 0339b) . Page 5
.i
' o Emily Louise D'uk � � CA-2a11-00689
9
4
i
0
STATUTE AND OFFENSE GRID
C�t r S�te I Offense Date(s) I S[amte Numbers and Tex[ Des�aipGOn I Offense MOC I GOC I Controlling I Contrul
I I,eye� , Agencies Numbers
1 Charge 05/142011 609.52,Su6d.2(i)1Left(OvvSS,000j �F T501] N MN0020300_. 11d0173�
W
Form Released Juy,.2005 (ITD_SP_0339b) - Page G
�
�
STATE OF MINNESOTA
COUNTY OF ANOKA
State of Mi nnesota,
vs.
Emi I y Lnui s e Di rk
TO THE ABOVE NAMED COURT:
- FILED •--._
Jennifer A Schllepel�
Court Administrator
l��V 1 4 2011
Plai�pok ounry, MN
l�j�^
� t pu
Defendant.
Exhibit 5
�
DISTRICT COURT
TENTH JUDICIAL DISTRICT
PE7ITION TO EN1ER PLFA OF
GUILT! IN FELONY CASE,
PURSUANTTO RULE15
District Cburt Fil e No:02-CR-113500
1, EmilyLouiseDirk,Defendentintheabove-entiUedaction,dorespxtfullyrepresentandstateasfollows:
1. MyfuiinameisEmilytnuiseDirk,lam32yearsold,mydateofbirthis6/14/1979.Thelastgradethatlwentthroughin
schoolis �-�CALIC�� �
2. I have received, read and discussed a copyof theComplaint.
3. I understand the charges(s) made against me fn thfs case .
4. Specifically, I understand that I have been charged with the crime�s) of
committed on or about OS/14/2011 in Moka County, MinriesoYa.
5. I am represented by an attorneywhosename is Jan Mansell and:
a. 1 feel that t have had su�cient time to discuss my case with my attorney.
b. I am satisfied that my attorney Is fulty informed as to the facu of this case
c. Myattorneyhasdiscussedpossibledefensestothecrfinethatlmighthave.
d. I am satisfied that my attorney has represenied my interests and has fuliy advised me.
6. I(havej
7, t (have)
8. I (have)
9. I (have)
S0. 1 (do) /(
was doi
�been a patient in a mental hospftal.
i talked with or been treated by a psychiatrist or other person for a nervous or mental condition.
�been ill recently.
xently been taking pills or other mediclnes.
ke the cl ai m that I was so drunk or so under the infl uence of drugs or medicine that I did not know what I
neofthetrima �-
11. I(do} donot aketheclaimthatlwasactinginself-defenseormerelyprotectingmyselforothersatthetimeofthe
cri me.
12. I(do)/ donot aketFieclaimthatthefactthatihavebeenheldinjailsincemyarrestandcouldnotpostbailcausedme
tod de opleadguiltylnordertogetthethingoverwithretherthanwaitingformyturnattrial.
13. (was (wasnot)representedbyanattorneywheol{hadaprobablecausehearing). (Ihavenothadaprobablecause
hea ri ng). .
a. 1 know ihat I could now move that ihe tomplaint against me be dismissed for lack of probable cause and I know that if I
do notmakesuch a motion and go ahead with entering my plea of guilty, l waive all rlghtto successfully o6Jectto the
absenceafaprobablecausehearing. . . � '
b. I also knowthat I waive all rlghtto successfuily objectto any errors fn the probablecausehearing when I enter my plea
of guiliy.
14. My attorney has told me and I understand:
a. Thattheprosecutorforiheircaseagainstme,has:
i, physicalevidenceobtainedasaresultofsearchingforandseizingtheevidence;
ii. evidenceintheformofstatements,oral,orwrittenthatlmadetopoliceorothersregardingthiscrime;
iii. evidencediscoveredasaresultafmystatemenuorasaresultoftheevidenceseizedlnasearch;
iv. identiflcationevidencefromaline-uporphotographicldentificatlon;
v, evidencetheprosxutionhelievesindicatesthaticommittedoneormoreothercrimes.
b. Thatlhavearighttoapre-trialhearingbeforeajudgetodeterminewhetherornottheevidencetheprosetutionhas
coul d be us ed a ga f nst me if l went to hi al i n thi s cas e.
.1
�
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c. Thatifirequestedsucha.pre-trialhearinglcouldtestifyatthehearingiflwantedto,butmytestimonycouldnot6e
usedas substantive evidence against me if I wentto trial and could only 6e used against me if I was charged wfth the
crimeofperjury. Perjurymeanstestffyingfalsely).
d. That I(do) ( o n now request such a pr�trial hearing and I specifica ( o �do not) nowwaive my right to have
such a prr a hearing. . -
e. That whether or not I have had su�h a fiearing I will not be ableto objecttomorrow or any other timeto the evidence
that the prosecutor has.
15. My attorney has told me and I under5tand:
a. ThatiflwishtopleadguiltylamenUtledtoatrialbyjuryonthels:ueofguiltandalljurorswouldhauetoagreefwas
guiity before thejury could fi nd me guilty.
b. That if I plead guilry 1 will not have a irlal by either a jury or by a judge without a jury.
c. That with knowledgeof my rightto a trial on the issueof guilt, I nowwaive my rightto a trial.
16. Myattorneyhastoidmeandlunderstandthatiflwishtopleadnotguiltyandhaveatrialbyajuryortrialbyajudgel
� wouldbepresumedinno[entuntilmyguiltisprovenbeyondareasonabledoubt. �
a
17. My attorney has told me and I undersYand:
� a. Thatiflwlshtopleadnotguiltyandhaveatrieltheprosecutorwauldberequiredtohavethewitnessestesiifyagainst
me in open court in my presence a nd that I would have the right, through my attorney, to questi on (cross-eca mine) these
witnesses. � �
b. That with knowledge of my right to have the prosecutlon's witnesses testify in open court in my presence and
questioned by my attorney, I nowwaivethis right.
18. My attorney has told meand I understand:
a. lhat if i wish to plead not guilty and have a trial, I would be entitled to require any witness� that I think are favoreble
to meto appear and t�tify attrial.
b. Thatwithknowledgeofmyrighttorequirefavoreblewitnessestoappearandtestifyattriallnowwaivethisright.
� 19. My attorney has told me and I understand:
a. That a person who has prior convicdans or a prior conviction can be given a longer prison term because of this.
b. 'Thatthemaxfmumpenaltythattliecourtcouldimposeforthistrime(takingintoconsiderationanypriorconvidion(s)
is imprisonment for _years. That if a mi nimum sentence is required by s W tute the court may impose a sentence of
imprisonmentofnotlessthan monthsforthiscrima _
c. Thatforfelony.drfvingwhileimpairedoffensesandmostaexoffenses,amandatoryperiodoftondltianalreleasewill
followanyexecutedprisonsentencethatisimposed. Volatingthetermsofthisconditionalreleasemayincreasethe
ti me I serve in prison. I� this case, the period ot conditional rel ease is _ years.
d. Tfiatapersonwhopartfcipatesinacrimebyintentionallyaiding,advising,counselingandconspiringwithanother
person or persons to commit a cri me i5 just as guilty of that cri me as the person or persons who are present and
partici pating in the crime when it fs actually committed.
e. Thatmypresentprobationorparolecouldberevokedbecauseofthepleaofguiitytothiscrime.
f. Thattheprosecutorfsseekinganaggravatedsentenceof
�� z�• My attorney has told me and understand: �
a. Thatmyattorneydlscussedthiscasewiththeprosecutingattorney,andthatmyattorneyandtheprosecutingattorney
agreed that if I entered a plea of guilty, theprosecutor will do thefo�lowing:
S�y 6F I f�Aori�-rm � C�,estilv��
�o �vtz�er. �x ee�k.� .��, �
b. Thatifthecourtdoesnotapprovethisagreement:
(. I have an a bsoi ute right to then w'ithdrew my piea of gui Ity and have a tri al.
ii. Mytestimonythatihavegivenconcerningtheguiltypleacouldnotbeusedagainstmeunlesslamchargedwith
the cri me of perj ury ba s ed on this testf mony.
21. Thatexceptfortheagreementbetweenmyattomeyandtheprosecutingattorney:
a. Noone—Indudingmyattorrtey,anypoliceo�cer,prosecutor,judge,oranyotherperson—hasmadeanypromisesto
me, to any member of my family, to any of my friends or other persons, in order to obtain a plea of guiltyfrom me
b. Noone—incfudingmyattorney,anypoliceo�cer,prosecutor,judge,oranyotherperson—hasthreatenedmeorany
member of my family or my friends or other persons, in order to obtain a plea of gui lty from me.
61
l '
r-
f' '
�
22. My attorney has told me and i undersund that if my plea of guilty is for any reason not accepted 6y thecourt, or if 1
withdrewthe plea, with the court's approval, or if the plea is withdrawn by court order on appeal or other review:
a. I wouldthen stand trial on theoriginal charge(s}.
b. The.prosxution could proceed against meJust as ifthere had been no plea of guilty and no plea agreement.
23. My attorney has told me and I understand that Y my plea of guilty is accepted by the judge I have the rightto appEal, but
Lhatanyappeal orothercourtactionlmaytakeclaimingerrorintheproceedingsprobablywouldbeuselessandawaste
of my time and the court's
24. Myattorneyhastofdmeandlunderstandthatajudgewillnotacceptapleaofguiltyfromanyonewhoclaimstobe
innocent.
25. 1 now make no claimthat 1 am innocent
26. My attorney has told me and I understand that if I wish to plead not guilty and have a jury trial:
a. That I cauld testify attrial if I wanted to but I could not beforced to testify.
b. ThatifldecidednottotesUfyneithertheprosecutornorthejudgecouldcommentonmyfailuretotesiify.
c. Thatwfthknowledgeofmyrightnottotestifyandthatneitherthejudgenortheprosecutorcouldcommentonmy
fa i I ure to t�tify at tri a l i now wa i ve thi s rlght a nd I wf I I tel I the j udge a bouf the fa cts of the cri me
27. ThatlflamnotacitizenoftbeUnited�5tates,mypleaofguilrytothiscrimemayresultirndeportation,exdusionfrom
admission tothe United States, or denial of natural(zation as a United States citizen.. �
28. Thac in viewof all theabovefacts and tonslderaUons I wtsh to enter a plea ofguilty. �
Date: � �— I1,� � �I
1�
<
mily lnuise i k
62
ss� aF eas���`?��. rtilerrvoFra�acn
CartlFied 6o Df e� atvJ ccrrs�t copy pf Y+e
orgGfal on �te and of�}rr�� mY ofioe. .
9UN� 2.0 <<, ,
,J�m `1i, sch�a�e.� c •�nAammw�rssor
P
�I. �� �.��
�aP�
, � . . f ��1_�r) �
�Senntt+,r;� : ,.'i�",�
cour. Ao;::.��.:=. .
� `The State of Minnesota
Anoka County
,:;°ara ? '� dC'��
• R;,ak- a 1, t�N
State of Minnesota vs El!ffi.Y LOLTISE DIl2K`>zZ�� ORDER
p� �
Case Number: 02-CR-11-3500 ` "
Exhibit 6
District Court
lOth Judicial District •
WARRANT OF COMNIITMENT
,— -s-.-�-r-- . ; .-,--� �--:_ _.�-,_,_. --- ----- - __.
: , s,,^_ , r. :. F,GiJ12R�NT'DEL+^'�iVDr1�`(T INF'ORIV,IA;TION .
E..:_ �_ _�:.. -� ' ... .. K .i.� _v��. - . � .. . � � .. __ __ :.. . ........ ..�
Known Address: '4021 FLOWERFIELD RD Correspondence Address:4021 FLOWERFIELD RD
CIRCI.E PINES, MN CIRCLE PINES, MN
i55014 I �55014 �
----- ---...:------- �----__ .__ _ --
'�Phone Number: ;(H�763 202-2112 Sex:;Female
: : -----------------..__ ._.__.. ._._.
- --� � � DOB:06/14/1979
.
; �
------------- --=-- ------ " ------- -------�----- ___. .. . - _
r---• �--- ..,. , -'" " ' C`e�S.��-�'C$AR� CTES — -- ---- -
,- � , , ^T
. ,:,. „� : .
� _ -�=:.� .__�.
� �— --�.� ---�---- - --- - �-------._.... _.._
�Ct Statute ;Type !Description ;Dispositio�
---- ' ------------' � ____---------- --- . _
1 609.52.2(1) 'Charging Theft-Take/[Jse/Transfer Movable Prop-No 'Convicted
� �Consent
' Sentence is a stay of imposition pursuant to M.S. 609.135.
` �Successful completion of probation will result in a misdemeanor conviction.
' -------------=-------- ---- - .. ---- _------- .. .._. ____ _ . .. . __ ___. .
Date Pronounced: :January 24, 2012
Ct 'Offense Date
1 'OS/14/2011
.��.
'MOC at Filing :GO
, --`- iTS011 ----- ----
Local Confinement
,.._., ,
._ �.�-�._._�... -_-_:_---...._� _ ____.. .--- . _ _..
Descriphon Offense Disposition
-
) �Theft-Take/IJse/Transfer Movable Convicted
jProp-No Consent
iControlling Agency
,Centennial Lakes Police Department
�Controlling No.
11101730
Defendant is sentenced to 5 days in the Moka County Jail-2. Defendant is to serve 5 days. Credit for
time served amount is 5 days.
� Status: Active
Probation - Adu[i
Status Date: O1(24/2012
Defendant is placed on Supervised probation for 10 years, monitored by Anoka County Corrections.
Start Date: OI/24/2012 Dischazge Date: 01/24(2022
Status: Active
File: 02-CA•I1-3500
Status Date: 01/24(2012
. pag� (}��J ` Prinmd on 01242012 a[ 10:47 AM
Smro of Minnesota vs EMILY fAUISE pIRK
�
Conditions - Adult
; Defendant is placed under the following conditions:
!'�ond�fitt ��r" ��' � ` �� y-.x'_ _
� ,.: 4�.,:;� .��`�w,:`� 3 ��;
� Rnmoin l��i._ol�iiiinn i
and of good behavior
�
1/24/2012
�
�—
As recommended by corrections- follow al] recommendation including any counseling or medication'
- use corrections as collateral-
� Cognitive skidl training � i01/24/2012 i �
; : -----�---__..._....�_-- -----1-----.._ _.------ _ _.
� ' As recommended by corrections
ISupply DNA sample Ol/24/2012 !
;Obtain employment i i01/24/2012 !
;� and maintain employtnent As recommended by corrections - Can't hold a job that has Feduciary
'' responsibility- to notify any future employers of this offense- corrections to notify current employer :
` � of this offense
'. Pay restitution $19,94039 O1/24/2012T�^ �
; —�_._.... ._ _;
� 1,890.39 to Lincoln Pawn &$18,050 to Merritt & Lynette Frisbie- Pay on schedule per corrections '.
,
Fees
, ;Law Library Fees �
` � —_
;Couniy/Sheriff & Felony Fines
'Crim/'Praffic Surcharge (once per case)
,'$ub�otat-' � ���-�—� �
� ='
10.00
._. __.___--, -._. _.. . . _. _ _..___.... _ ._ _ _ _ ._ _ . _
(waived)
—� _ � _ __----.. . _ _ _ _
" (waived)
_.�. .�.,.�. _,__. -,..-__,�_�_..._._ __....__:
iDue°
=---- ; �---- ----.—._. '
Service - Aduli
Defendant is sentenced to Community work service for 100 Hours within an indeterminate period of time.
Stari Date: O1/24/2012 Due Date; 07/23/2012
�, on schedule per corrections
Status: Active Status Date: O1/24/2012
Fees
File: 02-CA-i 1-3500 Page 2�!!'� Printed on UI/142012 et 10:47 AM
� Stete of Minnesote vs EMD.Y LOUISE DIRK �
F
< r
�
. ;
; Pay on Schedule per corrections
. � �
e
a
iDate of
�
1: 5 days
Original Amount: $19,94039
Judge Alan Pendleton
Sentenc ronounced on /24/2012 by District Co rt Judge
i Court Administrator: Jennifer A. Schlieper ' 763-422-7350
;
; If you have questions regarding the terms of}rour sentence or disposition, please contact your a#orney,
i JANICE LYNNMANSELL 763-633-6019, your probation agent or court administrator.
s�uare or• r�w,'�.:-�r�, cous�rr oF.aeor,a
CeriiTwd to bo s Uue a^id ccrroct coDY af�lt+e
oripinal on fJ� snd of r¢�ord ' my aAWe. �
�� 2 6 201�
,b„nx«a sc�w�, c `�
! i
�
Deputy
File: 02-CRd I-3500 � page 3 oYl� _. Pnnhd on 01242012 at 10:47 AM
Stete of Minnesote vs EM[LY LOLIISE DIItK �
Skogen, Deb _ —
From: Darcy M. Erickson [derickson@levandeccom]
Sent: Wednesday, June 27, 2012 12:18 PM
70; Skogen, Deb; Abbott, Don; Nelson, Darin
Subject: Draft Resolution - Dirk Managerial License Appeal Hearing
Attachments: Resolution A�rming Denial of Managerial License - Dirk, June 25, 2012.doc; Exhibit 1-
Misdemeanor Complaint.pdf; Exhibit 2- Petition to Enter Plea of Guilty in Misdemeanor
Case.pdf; Exhibit 3- Order.pdf; Exhibit 4- Criminal Complaint.pdf; Exhibit 5- PeGtion to Enter
Plea of Guilty in Felony Case.pdf; Exhibit 6- Order-Warrant of Commitment.pdf
Deb, Don, and Darin,
Attached is the Resolution that I have drafted affirming denial of the Dirk managerial license. Attached are also copies
of the Anoka County District Court records (6 total) that we will attach as exhibits to the resolution. The remainder of
the exhibits will be correspondence/communication with Ms. Dirk that Deb has.
Deb — please verify that the dates for those exhibits that I put in the resolution are accurate (e.g. date of the letter
advising Ms. Dirk of the license denial, request by Ms. Dirk for an appeal hearing, etc.) as it relates to the other exhibits.
Deb and I have talked and she will be preparing a short memo outlining the procedural posture and recommended
action for the Council.
Please review these materials and let me know what, if any changes, comments or suggestions you may have.
Darcy
.,
Exhibit 7
_
GNOF
FWDLEY
FRIDLEy I�AUNICIPAL CENTER • 6431 UNIVERSiTYAVE. N.E FRIDLEY, MN SS432
(163)571-3456 • FAX(763)571-1287 • WWR!CI.FRIDLEY.NIN.US
April 19, 2012
Emily Louise Dirk
725 Sunlast Parkway
Brooklyn Pazk, MN 55444
Dear Ms. Dirk,
The City is in receipt of your Managerial Iacense Application, dated March 12; 2012, pursuant to
which ybu seek approval.of a Managerial License associated witl� Rob Did It Again, Inc. dba
Cluis 8c Rob's Clucago Taste Authoriiy (."Chris & Rob's'�, which holds an on sale 3.2 Malt
Liquor snd Wine License in Pridley.
�ridley City Code Section 6Q3,20.1 requires that •a manager of on sale intoxicating liquor
establishments obtaia a managerial license from the City. Specifically, Fridley City Code
Section 603.20.1 states:
No person shall work as a manager of a premises licensed under this Chapter, and.
no licensee shall pernut any snch puson to be so employed, unless such person,
within seven (� days after first being so,employed, shall apply for a license to
engage in such business. No persons may be so employed for any length of time if
their license is denied or revoked (Ref. 1423)
Pursuant to Gity Code Sectioa 603.20.4, your Managerial License Application was referred to
the Police Department for inves[igation. Upon receipt of your Manageriat.License Application,
the Police Department conducted its background investigation. Based upon.the results of the
background investigation and the Folice Degartment's iecommendation for denial based upon
that inveskigation, please be advised thai your Managerial License Application is denied.
The City's factual circumstanees aqd grounds for denial are:
1. The Tune 7, 2011 Convicdon for Misdemeanor, Issue, Dishonored Check — Value Not
More than $250 on yonr criminal histary.
2. The January 24, 2012 conviclion of Felony — Theft - Take/iJsef!'ransfer Movable
Property — No Consent on your criminal history.
6%
Emily Louise birk
Page 2
3. The conditions of your probation associated with your 7anuary 24, 2012 Felony
conviction, which include:
a. "...Can't hold a job that has Fiduciary responsibility...."
b. "Pay restitution...1,89039 to Lincoln Pawn &$18,050 to Merritt & Lynette
Frisbie...."
4. The Anoka Counry Criminal Complaint associated with the January 24, 2012 Felony
Theft Conviction indicates that you stole cash and jewelry from family. �
5. Fridley City Code Section 603.20.5, permits denial of a managerial license for
convic6ons of any crime or misdemeanor involving moral tucpitude. The June 7, 2011
dishonored check and January 24, 2012 theft convictions consritute crimes of maral
turpitude.
6. Minn. Stat. § 364.03, subd. 1 provides that "no person shall be disqualified from public
employment, nor shall a person be disqualified from pursuing, practicing, or engaging in
any occupation for which a ticense is required soIely or in part because of a prior
conviction of a crune or crimes, unless the crime or crimes for wluch convicted directly
relate to the position of employment sought or the occupation for which the license is
sought,"
.
As provided in Minn. Stat. § 364.03, subd. 2, in evaluating whether a crime directly
relates to the occupation, the City must consider these factors
(a} the nahue and seriousness of the crime or crimes for which the individual was
convicted;
(b) the relationship of the crime or crimes to the purposes of regulating ... the
occupation for which the ]icense is sought;
(c) the relationship of the crime or crimes to the ability, capacity, and fitness required to
perform the duties and dischazge the responsibilities of the ... occupation.
To the eatent Chapter 364 applies io the issuance of Managerial Licenses, the City has
determined that your conviction is directly related to the occupation of manager of
licensed on sa[e liquor establistunent.
City Code Section 603.20.4. provides applicants with the right to appeal a denial of a managerial
license and it states:
ff the Police Department makes a recommendation that the license noc be issued",'
the applicant, upon request, shall be entitled to a hearing before the City Council
and may offer evidence to prove the license should be issued.
.:
Emily Louise Dirk
Page 3
Because the City is denying your Managerial License Application, if you desire a hearing in
front of the City Council, please contact me to make arrangements for the hearing.
Finaliy, the City has been informed that you have been employed as a manager with Chris and
Rob's since October, 201 I. Because you do not currently possess a managerial license for your
employment as a manager with Chris & Rob's, please be advised that continued perfotmance of
manager duties without a valid license is a misdemeanor under the City Code and may result in
crixninal prosecution.
Please contact me at 763-572-3523 in the event you desire to schedule a hearing in front of the
City Council, so that a mutually agreed upon date may be identifaed and the matter set on a City
Council agenda for heazing and consideration.
Sincerely,
CTTY 0�. FRIDLEY
;`��, ��
Debra Skogen
Fridley City Clerk
c: Don Abbott, Fridley Chief of Police
Captain Bob Rewitzer, Fridley Police Department
�
Fridley City Code Chapter 603
603.20. MANAGERIAL LICENSE
Section 603202.C.
1. No person shall work as a manager of a premises licensed undet this Chapter, and no licensee
shall permit any such person to be so employed, unless such person, within seven (7) days after
first being so employed, shall apply for a license to engage in such business. No persons may be
so employed for any length of time if their license is denied or revoked. (Ref. 1023)
2: An application for such license shall be filed with the City Clerk upon forms provided by the
City and such application shall be verified under oath and shall contain the following
information:
A. The names and addresses of two (2) residents of the State of Minnesota, who have known
the applicant for a pariod of two (2) years and who will vouch for the sobriety, honesty,
and general good character of the applicant.
B. A concise history of the applicanYs previous employment.
C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than
traffic offenses.
3. The annual license fee and expiration date shall be provided in Chapter I I of this Coda.
Application for renewal of an existing license shall be made at least 15 days prior to the date af
the expiration of the license on such form as the City Council may approve.
4. The application shall be referred to the Police Department which shall investigate the facts
set for[h in the application and make a written report thereon at the eazliest practicable time. If
the Police Department recommends that such person be licensed, the City Clerk shall issue the
license forthwith. If the Police Department makes a recommendation that the license not be
issued, the applicant, upon request, shall be entitted to a heazing before the CiTy Council and may
offez evidence to prove the license should be issued.
5. No persons shall be issued a license if it appeazs that they had committed an act which is a
willfixl violation of Minnesota Statutes Sections 340.07 through 340.40.
6. Any license issued hereunder may be .revoked for any violation of this Chapter or of
Minnesota Statutes Sections 340.07 through 340.40 or for conviction of any crime o;
misdemeanor iiivolving moral turpitude.
%0
May 20`�, 2012
Dear Debra Skogen,
Exhibit S
Cifp Clerk's OtilCe
DeteRceefveQ .S ��_! _
FenaarA M
Copp 40 �
Hello my name is Emily Dirk and I am just replying to the Ietter T was sent by you about
the denial of my manageria] license in Fridley. I would like to set up the appeal in front
of the city council. Please send me the information I need to get this appeal started.
Thank you for your time and he1p,
�����
Emily Dirk
Chris and Rob's
.����
71
Skogen, Deb
From:
Sent:
To:
subJect:
Skogen, Deb
Monday, June 04, 2012 7:A9 AM
'emily{�chrisandrobs.com'
RE: Liquor - Managerial Licensing
Exhibit 9
The MN liquor Code is now Chapter 340A, the code has not been changed to reflect the chenges the state made. So you
would look for the Minnesota State Staxute Chapter 340A and possibly review Section 340A.07 through 340A.40
Deb Skogen, MMC
City Gerk
Ciry of Fridley .
From: emflysa�chrisandrobs.mm Lmaiito:emflK@chrisandrobs.comj
Sent: Sunday, 7une 03, 201212:50 PM
To: Skogen, Deb
Cc: robCrDChrisandrobs.00m
Subject: RE: Liquor - Managerial Lfcensing .
Deb,
Thenk you for the inf9rmatioh but I do need to know what statues 340.07 through 340.40 a�e or what
they were renamed7 I cannot find them.
Thank you,
Emily Dirk
-------- Original Message --------
Subject: Liquor - Managerial Licensing
From: "Skogen, Deb" <SkoaenDCa�ci.fridlev.mn.us>
Date: Frl, May 25, 2012 2:52 pm
To: <emllyCalchrisaridrobs.coms
Cc: "Darcy M. Erickson" <dericksonCa�levander.com>, "Abbott, Don"
<AbbottDC�ci.fridle�mn.us>, "Nelson, Darin" <NelsonDCalci.fridley.mn.us>
Emily,
As we discussed on the phone today, we will schedultng
Council on Jufy 9th. I'rn not sure as to the time yet and
a fina( letter providing that information, The appeal will
provide your evidence as to why your license should not
the appeal fn front of the
will get back to you wlth
be the process for you to
be denied.
Nere is a copy of Chapter 603, which regulates liquor licensing and requires
managerial licensing.
If you have any additional questions or concerns, please feel free to contact me.
Debra A. Skogen, MMC
City Cferk, City of Fridiey
6431 Universiry Avenue NE
Fridley, MN 55432
763-572-3523
FAX 763-502-4981
skoaertdfc�cf. fridtev. mn.us
�
%2
: Skogen, Deb
prom:
. • Sent:
To:
subject:
Deb,
emify@chrisandrobs.tom
Monday, June 25, 201z 11:54 AM
Skogen, Deb
RE: July 9th
Thank you. Any chance to maybe push it back one more month? If not I will figure something out.
-------- Original Message --------
Subfect: RE: ]u�y 4th
From: "Skogen, Deb" <Skoge�D@ci.frfdley.mn.us>
Date: Mon, June 25, 2012 5:59 am
To: "`emlty@chrisandrobs.com`" <emily@chrisandrobs.com>
Yes Emily, the meeting starts at 7:30, I don't know exactiy where on the agenda you will be but it would be
after the consent agenda. I'fl be folfowing up with a letterthis week.
Deb Skogen, MMG
City Clerk
City qf Fridley
From: emilviachr5androbs.com fmailW:emilyCdchrisandrobs.comj
Sent: Thursday, June 21; 2012 3:25 PM
To: Skogen, Deb
subject: July 9th
Hi Deb,
I was wondering If there has been a time set yet For my meeting in front of the council? The date
for the meeting is Por sure ]uly 9th?
Thanks
Emily Dirk
�
73
Exhibit 10
�
_
�� �
FWDLEY
FRIDLEY MiJNICIPAL CENfER • 6431 UNIVERSTTY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • W W W.Q.i=RIDLEY.MN•US
June 27, 2012
Emily L. Dirk
725 Sunkist Parkway
Brooklyn Park, MN 55444
Re: Liquor Managerial License Appesl Hearing
Dear Ms. D'uk,
Ttris le'tter is to confum our prior telephone and e-mail communications that the appeal hearing.you
have requested with respect to the denial of your iiq�r managerial license will. be held on Monday,
July 9, 2012 aY 7:30 p.m. in front of the Fridley City Council. Tha hearing wi[I fake place in the
Council Chambers of the Fridley Municipal Center, 6431 University Avenue NE, Fridtey, MN.
T'he gounds and reasons for your deniai were set forth in the City's correspondence, datea April I S,
2012. At the appeal hearing you will be permitted to present any evidence you see fit to introduce and
wish the City Council to consider, including but not limited to e�idence of your rehabilitation as set
forth in Minnesota Statvtes Sections 364.01 through 364.10. You may present dooumentation and bring
your own witnesses, as well'as cross examine any witnesses that the City may call to testify. . The City
Counoil will consider all evidence presented st thhe hearing, make findings of facR and e'sther affum or
rescind the denial of yow managerisl Iicense.
In the event the City Council denies your menageriat license following the appeal hearing, you may
reapply for a managerial license at any time and all competent evidence of rehabilitation will be
considered upon yow reapplicaiion: Further, in the event the City CouncIl denies your license, .the
complaint and grievance procedure ere set forth in Minnesota Statutes Section 364.06.
If you are unable to attend the meeting or wouId like to cancel your appeal, please notify me before 5:00
p.m. on 7uly 9th at 763-572-3523.
Pfease do not hesitate to contact me if you have any other questions or concems.
Sincerely,
CITY OF F�tIDLEY
(��T3�(�c-��`-'�
Debra A. Skog�, MMC
City Clerk
cc: Rob Dubnecay, Chris & Rob's Chicago Tasta Aut6ority
File
74
Link to Final Aqencv Decision
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF COMMERCE
In the Matter of the Resident
Insurance Producer's Application
of Brett Isaac Maxwell
11-1004-17015-2
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMMENDATION
The above-entitled matter came on for a hearing before Administrative Law
Judge Barbara L. Neilson on Tuesday, February 7, 2006, at 9:30 a.m. at the
Office of Administrative Hearings in Minneapolis, Minnesota. Michael J.
Tostengard, Assistant Attorney General, 445 Minnesota Street, Suite 1200, St.
Paul, Minnesota 55101-2130, appeared on behalf of the Department of
Commerce ("the DepartmenY'). Brett Maxwell, 914 - 15th St. N.W., Bemidji,
Minnesota 56601, appeared on his own behalf, without an attorney. The OAH
record closed at the conclusion of the hearing on February 7, 2006.
NOTICE
This Report is a recommendation, not a final decision. The Commissioner
of Commerce will make the final decision after a review of the record. The
Commissioner may adopt, reject or modify the Findings of Fact, Conclusions,
and Recommendations. Under Minn. Stat. § 14.61, the final decision of the
Commissioner shall not be made until this Report has been made available to the
parties to the proceeding for at least ten days. An opportunity must be afforded
to each party adversely affected by this Report to file exceptions and present
argument to the Commissioner. Parties should contact the office of Kevin
Murphy, Deputy Commissioner of Commerce, 85'h Seventh Place East, Suite
500, St. Paul, Minnesota 55101-2198, for information about the procedure for
filing exceptions or presenting argument.
Pursuant to Minn. Stat. § 14.62, subd. 1, the Agency is required to serve
its final decision upon each party and the Administrative Law Judge by first-class
mail or as otherwise provided by law. If the Commissioner fails to issue a final
decision within 90 days of the close of the record, this report will constitute the
final agency decision under Minn. Stat. § 14.62, subd. 2a. The record closes
upon the filing of exceptions to the report and the presentation of argument to the
Commissioner, or upon the expiration of the deadline for doing so. The
Commissioner must notify the parties and the Administrative Law Judge of the
date on which the record closes.
STATEMENT OF 15SUES
The issue presented in this case is whether the DepartmenYs denial of the
RespondenYs application for a resident insurance producer should be affirmed
because the Respondent entered a guilty plea in 1997 to criminal sexual conduct
in the second degree and thus has committed a crime involving "moral turpitude"
under Minn. Stat. § 60K.43(6) (2004).
The Administrative Law Judge recommends that the denial of the
RespondenYs application be reversed because the conviction does not directly
relate to the occupation of insurance producer, the Respondent has been law-
abiding since the conviction, and more than ten years have elapsed since the last
violation occurred.
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
2
FINDINGS OF FACT
1. The Respondent, Brett Maxwell, is a 35-year-old man who has been
employed for the past eight years with a telemarketi�g company. Prior to that
time, the Respondent was in the Army. He received an honorable discharge
from the Army in approximately 1997.
2. The telemarketing company for which the Respondent works has
recently begun handling calls for companies offering insurance coverage. Based
upon the RespondenYs record and years of service, his employer asked him if he
would be interested in obtaining an insurance producer's license so that he would
be able to respond to incoming calls about insurance and possibly provide
assistance over the phone to people in filling out applications. If the Respondent
obtained his insurance license and was able to handle these calis, his hourly pay
would increase from $10.29 per hour to approximately $14.29 per hour. He
would not gain access to or handle clients' money in connection with these
telephone calls, nor would he receive commissions based on his sales. The
RespondenYs employer is aware of his conviction.f�
3. The Respondent thereafter attended training and took the insurance
producers test. He applied to the Department of Commerce for a resident
insurance producer's license on or about June 29, 2005. The Respondent
checked "yes" in response to a question on the application asking whether he
had ever been "charged, indicted, pleaded to, or convicted of any criminal
offense in any Court" other than misdemeanor traffic violations. He also
submitted a form authorizing the Department of Commerce to conduct a criminal
background check.L2j
4. On November 6, 1996, a complaint was filed in Beltrami County
charging the Respondent with criminal sexual conduct in the first degree under
Minn. Stat. § 609.342, subd. 1(a), based on allegations that the Respondent
engaged in sexual penetration with a person who was under 13 years of age and
more than 36 months younger than he. The criminal complaint alleged that the
RespondenYs sister-in-law reported in July 1996 that the Respondent had
engaged in inappropriate sexual contact with her on three separate
occasions: (1) in September 1993 at her residence in Beltrami County, when
�
she was 11 years old; (2) in April of 1994 at the RespondenYs parents'
residence in Beltrami County, when she was 12 years old; and (3) in November
of 1995, during a car trip with the Respondent and his wife and children, when
she was 13 years old. The Respondent was in Minnesota on leave from the
Army on these dates.L3j
5. In June of 1997, the Respondent pleaded guilty to criminal sexual
conduct in the second degree, which is a felony. The plea was entered on
December 31, 1997. The Respondent was sentenced to serve six months in the
Beltrami County Jail. He was also ordered to have no contact with minor
females, pay full restitution, pay a fine of $1,228.00, and follow all
recommendations from his sex offender evaluation. He was placed on probation
for an indeterminate period not to exceed 25 years. His probation will expire on
November 23, 2022.L4j
6. Following his conviction, the Respondent spent 100 nights in the
County Jail and was given work release during the day. He has paid the fine
ordered by the Court and has complied with all terms of probation. He completed
two years of group sex offender treatment at a mental health center in Bemidji
and graduated from that treatment program. He also attended more than six
months of after-care treatment which is offered to graduates of the treatment
program. During the nine years since his conviction, Respondent has not
committed any other criminal offenses of any kind.f 5�
7. The Department of Commerce reviewed the RespondenYs
application for a resident insurance producer's license and documentation
relating to his conviction, and determined that the application should be denied
under Minn. Stat. § 60K.43(6) (2004) because the Respondent had been
convicted of a crime involving moral turpitude.L6j
8. By letter dated January 28, 2006, Sherry Hill, the RespondenYs
probation officer, confirmed that the Respondent has completed all court-ordered
conditions including sex offender treatment and has not been brought before the
Court for any type of violation during his nine years of supervision. Ms. Hill
indicated Respondent "has always been responsible while on supervision and
has always maintained full time employment." She noted that Respondent had
been working with the same company for a long period of time and "[m]ore than
anything is trying to make a living for his wife and children."j7�
`t
9. The Department issued an Order Denying License Application,
Statement of Charges, and Notice of Right to Hearing on December 28,
2005. The Notice originally set the hearing for January 25, 2006. The hearing
was later rescheduled for February 7, 2006.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the Commissioner of Commerce
are authorized to consider the charge against Respondent under Minn. Stat.
§§ 45.027, subd. 7, 14.50, and 60K.43 (2004).
2. The Respondent received due, proper and timely notice of the
charges against him, and of the time and place of the hearing. This matter is,
therefore, properly before the Commissioner and the Administrative Law Judge.
3. The Department has complied with all relevant procedural legal
requirements.
4. The burden of proof in this proceeding is on the Respondent to show
by a preponderance of the evidence that he should be granted a license in this
matter.L8j
5. The Commissioner of Commerce may deny an application for a
resident insurance producer's license if the Commissioner finds that it is in the
public interest to do so and the applicant has "pled guilty, with or without explicitly
admitting guilt, pled nolo contendere, or been convicted of a felony, gross
�
misdemeanor, or misdemeanor involving moral turpitude, including, but not
limited to, assault or similar conduct."f9�
6. Minn. Stat. § 45.027, subd. 10, specifies that "Chapter 364 [relating
to rehabilitation of those convicted of crimes] does not apply to an applicant for a
license ... where the underlying conduct on which the conviction is based would
be grounds for denial of the license."
7. The underlying conduct on which the RespondenYs conviction of
criminal sexual conduct in the second degree was based does not demonstrate
that the Respondent is untrustworthy, financially irresponsible, or othenvise
incompetent or unqualified to act as an insurance producer, or otherwise warrant
the denial of his license application under Minn. Stat. § 45.027, subd. 10, and it
would not be in the public interest to deny the RespondenYs license application.
8. Minn. Stat. § 364.03, subd. 1, states that, "[n]otwithstanding any
other provision of law to the contrary, no person shall ... be disqualified from
pursuing, practicing, or engaging in any occupation for which a license is
required solely or in part because of a prior conviction of a crime or crimes,
unless the crime or crimes for which convicted directly relate to the ...
occupation for which the license is sought."
9. Minn. Stat. § 364.07 specifies that "the provisions of sections of
sections 364.01 to 364.10 shall prevail over any other laws and rules which
purport to govern the granting, denial, renewal, suspension, or revocation of a
license ... on the grounds of conviction of a crime or crimes."
10. In determining whether a conviction directly relates to the occupation
for which the license is sought, Minn. Stat. §364.03, subd. 2, specifies the
licensing authority must consider the following factors:
(a) the nature and seriousness of the crime or crimes for
which the individual was convicted;
�
(b) the relationship of the crime or crimes to the purposes
of regulating ... the occupation for which the license
is sought;
(c) the relationship of the crime or crimes to the ability,
capacity, and fitness required to perform the duties
and discharge the responsibilities of the ...
occupation.
11. To the extent Chapter 364 applies, the RespondenYs conviction is
not directly related to the occupation of licensed insurance producer within the
meaning of Minn. Stat. § 364.03, subd. 1.
12. These Conclusions are reached for the reasons discussed in the
Memorandum below. The Memorandum is hereby incorporated into these
Conclusions.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the DepartmenYs denial of the
Brett Maxwell's application for a resident insurance producer's license be
REVERSED.
Dated: March 9, 2006
s/Barbara L. Neilson
BARBARA L. NEILSON
�
Administrative Law Judge
Reported: Tape Recorded (not transcribed); 1 tape.
MEMORANDUM
In the Notice of and Order for Hearing filed in this matter, the Department
alleged Respondent is not entitled to a resident insurance producer's license
because he entered a guilty plea in 1997 to criminal sexual conduct in the
second degree. The improper conduct involved the RespondenYs sister-in-law,
who was only eleven years old at the time she alleged the first incident occurred
in 1993. The Department alleges this conviction disqualifies Respondent
because it involves "moral turpitude." As noted above, Minn. Stat. § 60K.43,
subd. 1(6), specifies that the Commissioner of Commerce may deny an
application for a resident insurance producer's license if the Commissioner finds
that it is in the public interest to do so and the applicant has "pled guilty ... or
been convicted of a felony ... involving moral turpitude, including, but not limited
to, assault or similar conduct."f 10j
Moral turpitude is not defined in the statutes or rules governing licenses
issued by the Commissioner of Commerce. The DepartmenYs investigator who
considered the RespondenYs application was not aware of any particular
definition used by the Department and was unable to articulate the definition he
used. Black's Law Dictionary defines "moral turpitude" as an "[a]ct of baseness,
vileness or the depravity in private and social duties which man owes to his
fellow man, or to society in general, contrary to accepted and customary rules of
right and duty between man and man," and as an "[a]ct or behavior that gravely
violates moral sentiment or accepted moral standards of (the) community." In a
criminal context, moral turpitude refers to the "quality of a crime involving grave
infringement of moral sentiment of the community ...."j1 � In a previous case
involving an application for a real estate salesperson's license, Administrative
Law Judge Luis found that possession of child pornography was clearly a crime
involving "moral turpitude" within the meaning of Minn. Stat. § 60K.43, subd.
1(6). Judge Luis noted that the act of possession of pornographic material
depicting sexual activity by or with minors has been made criminal by the
Minnesota Legislature in Minn. Stat. § 617.247 and that "the act of possessing
�
such material is condemned because of the inherent base conduct and depravity
involved as elements of the offense."f12j It is apparent that the RespondenYs
conviction of criminal sexual conduct in the second degree in violation of Minn.
Stat. § 609.343 also involves elements of depravity and violation of accepted
moral standards consistent with the common understanding of the meaning of
the phrase "moral turpitude." The Commissioner thus appears to have the
authority under Minn. Stat. § 60K.43, subd. 1(6), to deny the application of the
Respondent.
The more difficult question, however, is whether Minn. Stat. §60K.43,
subd. 1(6), should be interpreted to mean that a conviction of any crime involving
moral turpitude must result in a permanent bar to licensure, regardless of the
relationship between the crime committed and the licensure sought, the amount
of time that has elapsed since the crime was committed, or the rehabilitation
efforts of the applicant. Chapter 364 of the Minnesota Statutes declares that "it is
the policy of the state of Minnesota to encourage and contribute to the
rehabilitation of criminal offenders and to assist them in the resumption of the
responsibifities of citizenship" and notes that the "opportunity to ... engage in a
meaningful and profitable ... occupation ... is essential to rehabilitation and the
resumption of the responsibilities of citizenship."f13j Chapter 364 generally
states that a person cannot be disqualified from pursuing a licensed occupation
due to prior conviction of a crime unless the crime directly relates to the
occupation for which the license is sought. 14 If the crime is, in fact, directly
related to the occupation for which a license is sought, the person cannot be
disqualified if he or she can show competent evidence of sufficient rehabilitation
and present fitness to perform the duties of the occupation.j15j
Neither insurance licenses nor occupations licensed by the Department of
Commerce are expressly exempted from Chapter 364.f16j However, as noted
by the Department, Minn. Stat. § 45A.027, subd. 10, was later amended to state
that Chapter 364 does not apply to an applicant where the underlying conduct on
which the conviction was based would be grounds for denial of the
license. Although this language is somewhat unclear, it appears to reflect
legislative intent that an applicant for Commerce Department licensure who has
committed a crime that directly relates to the licensed occupation cannot provide
evidence of rehabilitation to overcome a disqualification from licensure. The
proper interplay between Chapter 364 and Section 45A.027 remains somewhat
uncertain since Chapter 364 itself specifies that it applies "[n]otwithstanding any
other provision of law to the contrary°f17j and also states that sections 364.01 to
364.10 "shall prevail over any other laws and rules which purport to govern the
granting ... of a license ... on the grounds of conviction of a crime or
crimes." 18 Moreover, final orders recently issued by the Commissioner of
I
Commerce imply that concepts drawn from Chapter 364 are pertinent in
determining whether ficensure should be granted or denied.j� In determining
what, if any, effect the 1997 criminal conviction should have on the RespondenYs
insurance licensure, the Administrative Law Judge recommends that the
Commissioner be guided by the principles set forth in Ghapter 364.
When those principles are applied here, the facts are not sufficient to
support the conclusion that the RespondenYs conviction or the conduct
underlying that crime directly relate to the occupation of insurance producer. The
crime committed by the Respondent against his minor sister-in-law obviously was
very serious and involved a breach of a trust relationship. However, the
commission of that crime more than ten years ago does not bear a significant
relationship to the p�rposes for regulating the insurance occupation or the ability,
capacity, or fitness required to perform the duties of an insurance producer. It is
true, as the Department argues, that insurance producers may be entrusted with
clients' money as well as financial information. Despite the DepartmenYs
assertions, however, the Administrative Law Judge is not persuaded that the
breach of trust inherent in the RespondenYs criminal conduct demonstrates that
he also would not be trustworthy in handling monies appropriately while acting as
an insurance producer. There is no proper basis for a conclusion that the
RespondenYs criminal sexual conduct more than ten years ago would place
insurance clients at risk or would make the Respondent more likely to engage in
fraudulent, deceptive, dishonest, or untrustworthy activity while engaged in
insurance sales. Further, the Respondent's lack of access to clients' money, lack
of incentive for fraudulent conduct as an employee paid on an hourly basis, and
absence of physical interaction with any client weighs even more strongiy in his
favor. Simply put, the Department failed to demonstrate any connection between
the RespondenYs inappropriate sexual contact in 1997 and his current pursuit of
an occupation in insurance sales.
Even assuming for the sake of argument that the RespondenYs crime is
directly related to the licensed occupation, he has shown sufficient rehabilitation
and present fitness to pertorm the duties of a licensed insurance producer. The
ftespondent readily admitted his misconduct by entering a guilty plea. The plea
was entered in June of 1997, nearly nine years ago, and the three alleged
incidents of sexual misconduct occurred more than ten years ago, in 1993, 1994,
and 1995. The Respondent has been law-abiding since that time. He has
successfully completed sentencing obligations, attended and completed two
years of group treatment at a mental health center in Bemidji, attended more
than six months of voluntary after-care, and continues to see his probation
officer. His probation officer submitted a letter in support of his application. The
Respondent has remained employed with the same employer for eight years. He
�
truthfully disclosed the conviction on his license application filed with the
Department. At the hearing, he admitted that he had committed a crime and did
not attempt to deny or excuse his past misconduct. He is seeking licensure as a
means to move on and improve his life and his ability to support his
family. Although his probation will not expire until 2022, it is clear that the
Respondent has provided evidence of his rehabilitation and present fitness.
Under the circumstances of this case, it does not appear to be appropriate
to bar the RespondenYs ability to be licensed based solely upon a 1997
conviction of a crime involving moral turpitude. This recommendation is not
meant to minimize the nature and seriousness of the RespondenYs criminal
conduct or disregard the reprehensible nature of that conduct. However, in light
of the lack of connection between this conduct and the types of activities involved
in insurance sales, the fact that nine years has elapsed without any further
criminal violation, the RespondenYs honesty on his application, the policy of the
State of Minnesota to afford criminal offenders an opportunity to engage in a
meaningful and profitable occupation, and evidence of the RespondenYs
rehabilitation, the Administrative Law Judge has recommended that the
DepartmenYs denial of the RespondenYs license application be reversed.
B.L.N.
U Testimony of Respondent. Although the name of the company has changed
during that period of time, the management has remained the same.
U Ex. 1; Testimony of Respondent.
U Ex. 2; Testimony of Respondent.
�] Exs. 3 and 4.
L] Testimony of Respondent.
(� Testimony of Cameron Jenkins.
U Ex. 4.
Ls] Minn. R. 1400.7300, subp 5.
(9� Minn. Stat. § 60K.43, subd. 1(6).
f�
U Minn. Stat. § 60K.43, subd. 1(6).
(� Black's Law Dictionary (6`h Ed. 1990), at 1008-09. In !n re App(ication for
Discipline of Bunker, 294 Minn. 47, 199 N.W.2d 628 (Minn. 1972), the Minnesota
5upreme Court cited with approval a Wisconsin case (State v. McGarthy, 255
Wis. 234, 38 N.W.2d 679 (Wis. 1949)) setting forth similar definitions of "moral
turpitude."
�z In the Matter of the License and Application for Licensure of Wells, OAH
Docket No. 7-1004-16567-2 (2005).
[�s] Minn. Stat. § 364.01.
(J Minn. Stat. § 364.03, subd. 1.
(�s] Minn. Stat. § 364.03, subd. 3.
[�6] See Minn. Stat. § 364.02, subd. 3(defining the term "license" to include all
licenses issued by the state of Minnesota before a person can engage in any
occupation and defining the term "hir+ng or licensing authority" to mean state
agencies or departments), and 364.09 (exempting the licensing process for
peace officers, private detectives, school bus drivers, special transportation
services, commercial driver training instructors, emergency medical services
personnel, physicians, taxicab drivers, juvenile correctians employment, and
teachers, and specifying that the Chapter does not apply to law enforcement
agencies, fire protection agencies, and school districts).
[� Minn. Stat. § 364.03, subd. 1.
[� Minn. Stat. § 364.07.
[1s] See, e.g., In the Matter of Cosmetology License Applicant Holmes, OAH
Docket No. 1-1009-15616-2 (2004), aff'd, Commissioner's Order dated
September 28, 2004 (in which the Commissioner noted that the ApplicanYs "long
record of criminal convictions, including recent drug use, indicate that Applicant
has not yet established rehabilitation and the ability to comply with the terms of
his release from prison") and !n fhe Matter of the Application for a Real Estate
Sa/esperson's License of Bubar, OAH Docket No. 1-1005-12900-2 (2000), aff'd,
Commissioner's Order dated April 12, 2001 (in which the Commissioner noted
that the "nature of many of [the RespondenYs] convictions also directly relate to
the occupation for which he seeks a license").
t�'
A research study published by a unrversity in Texas surveyed empfoyer attitudes toward hinng
exoffenders. Only 12% said that they were willing to hr2 fhese applrcants. However, 5i % said
that they would hire ex-offenders rf they were bonded.
What the Federal Bonding Program Is:
It is a federal tool, to help a job applicant, obtain employment, and keep it. The program issues
Fidelity Bonds, and is sponsored by the U.S. Department of Labor.
What a Fidelity Bond Is:
Fidelity Bond, through the federal bonding program, is a business insurance policy, that will protect the
employer from theft, or property damage, from a dishonest employee. It is a"guarantee," that the new
employer, will be an honest worker. The Fidelity Bonds issued under the Federal Bonding Program are
insurance policies pf the Travelers Casualty and Surety Company of America. The McLaughlin Company in
Washington, DC, is the agent tor Travelers in managing the program nation wide.
This Bond Can Help You Get Employed:
If you are an ex-offender (Felony, Misdemeanor), or you have a high ri5k factor, in your background, this
bond is given freely, to the employer, as an incentive to hire you. The employer can then hire you, and utilize
your skills, without taking a risk, of you being dishonest, while working there.
What The Bond Insurance Covers:
The bond insures the employer, in case of embezzlement, larceny, forgery, or theft. It does not cover job
injunes, or poor workmanship.
How To Get Federally Bonded:
You must receive a job offer first, and the employer has to have a date for you to start working for them. The
Fidelity BOnd insurance policy will then be issued to the employer, trom The Mcfaughlin Company, of
Washington, DC, underwritten through the Travelers Insurance Company, While your local workforce
representative, usually informs employers, there are still many that don't know of the federal bonding
program. Make sure to inform the employer about this federal proram.
Bond Coverage Amount:
The bond covers $ 5,000, with no cost to you, or the employer, and no deductible. Employers can
apply for Iarger bond amounts, If necessary.
Get More Information O� Federal Bonding:
Job Seekers Call: 1-877-US2-J08S
Employers Call: 1-800-233-2258 ex.246
www.borids4iobs com
for the location of the workforce officelone-stop center nearest to your home.
Minnesota Federai Bonding Progrem
Local Labor Exchange
Minnesota Department of Economic Security
390 North Robert St., 1st FI
St. Paui, MN 55101
651-296-8406
651-296-7516 fax
Web Site: www.mnworkforcecenter ora
Read more: Jobs, and Pro�rams fbr Fefons in Minnesota httv://ww�w.xamire comJfelanv-
friendlv/minnesota#iKZZ] z8KwbaoT
�
�
COUNTY
Emily Louise Dirk
725 Sunkist Pkwy
Brooklyn Park, MN 55444
June 27, 2012
02-C R-11-350C
Theft-F
Dear Emily,
County of Anoka
Community Corrections Department
Probation Service Center
Fahr -Building 10
Rum River Human Services Campus
Phone: 763-712-2222 Fax: 763-712-223&
Probation has recently received collateral contacts concerning your Courf
Ordered Condition of "maintaining empioyment as recommeded by probation-
cant hold a job that has fudiciary responsibilities, to notify employers of this
offense, probation to notify current employer of this offense".
Probation(PSC) has the role of reviewing and enforcing Court ordered
conditions as it perfains to the aforementioned file number.
As discussed earlier this year, Probation(PSCJ had indicated to you that since we
received verification from your employer(Mr. Dubnecay) that he was aware of
your Felony Theft Offense, Probation(PSC) would allow you to work in your
position as an Assistant Manager with Chris and Rob's Taste Authority.
In �scussions with Ivir. i�ubnecay fiocrayjb%27I12) he i�cdted thai you are now
a General Manager and your fudiciary responsibilities remain as they previously
were with Chris and Rob's Taste Authority. Given this conversation,
Probation(PSC) is re-verifying that you can be employed in that specific position.
St�sa
Probation Service Center(PSC)
Anoka County Community Corrections
EXHIBIT 11
Definition of °Moral Turpitude"
Black's Law Dictionary, Si�cth Edition
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MONUMENT
human hands). Delphey v. Savage. 227 Md. 373, 177
A.2d 249, 251. See aIso Naturai monument.
Monumenta qua nos recorda vocamus sunt veritatis
et vetustatis vestigia /mbnyamenta kwiy nows nkbrda
vowkeymas sznt vehrateytas et vedasteytas vas-
tij(iy)a/. Monuments, which we call "rewrds;' are the
vestiges of truth and antiquity.
Moral. Pertains to character, conduct,
relations, etc.
1. - Pertaining or relating to the� conscience or 1
sense or �to the general principles of right coi
2, Cognizable or enforceable only by the consi
or by the principles of right conduct, as distingc
from pasitive law. �
3. Depending upon or resulting from proba
raising a belief or conviction in the mind independ
strict or logical proof. � ,
4. Involving or allecting the moral sense;, as�:i
phrase "moral insanity."
Moral aetions. Those only in which men have'�}
edge to guide them, and a will to choose for thems
Moral certaintY. That degree of assurance which�:�.
es a man of sound mind to act, without doubt,.upi
conclusions to which it leads. A high degree af i;
sion of the truth of a fact, falling shorE� of `ati
certainty, but sufficient to justify a verdict of�;
even in a capital case. Such signifies a prob��
sufeciently strong to justify action on it; a ver;
degree of probability, although not demonstrable
certainty. It has also been used as indicating a��
sion of the mind,estahlished beyond a reasonable:
Gray v. State, $6 Ok1.Cr. 208, 38 P2d 96Z .
Moral consideration. See Consideration.
Moral duress. Consis4: in imposition, oppression,
influence, or the taking of undue advantsge�.'.
. business or fiaancial stress or extreme neces:
weakness of another. Lafayette Dramatic Prodi
v. Ferentz, 305 Mich. 193, 9 N.W2d 57, 66. , 5�
Coercion; Duress. .
Moral evidence. As opposed to "mathematical°'
monstrative" evidence, this term denotes that ]
evidence which, without developing an absolu
necessary certainty, generates a high degree,of:pi
ity or persuasive force. It is founded upon:aaa.
induction, experience of the ordinary course of �.ne
the sequence of events, and the testimony of ine
Moral fraud. This phrase is one of the.�les:
designations of "actual" or "positive" fraud.pr."f
fact;' es distinguished &om "constructivel`fra
"fraud in law." It means fraud which involvee
guilt, a wrongful purpose, or moral abliquity. '
Moral hazard. See Hazard.
Moral law• The law of conscience; the aggre
those rules and principles of ethics which relate�;
and wrong conduct and prescribe the standards.ti�.
the actions of inen should conform in their dealin
each other. See also Natural law. .
Moral obligation. See Obligation. _
Moral turpitude. The act of baseness, vileae33
depravity in private and social duties which m�
to his fellow man, or to society in general,-cgn1
accepted and customary rule of right and d�2d,�
man and man. State v. Adkins, 40 Ohio ApP, ..�
Monung. See Manung.
Moonlighting. Working at another job after hours of
regular job. Bealmer v. Texaco, Inc., C.A.CaI., 427 F.2d
885, 886. . . .
Moonshine. Intoxicating liquor i[licitly produced or
smuggled into community for beverage purposes, or spir-
ituous liquor, illegally distilled or manufactured. State
v. King, 331 Mo. 268, 53 S.W.2d 252, 254.
Moorage. A sum charged for use of mooring facilities.
Act of mooring vessel.
Mooring. Anchoring or meking fast to the shore or
dock. � The securing or confining a vessel in a particular
station, as by cables and anchors or by a line or chain
run to the wharf.
Moot. A subject tor argument; unsettled; undecided. A
moat point is one not settled by judicial decisions.
Moot case. A case is "moot" when a determination is
sought on a matter which, when rendered, cannot have
any pracEical effect on the existing controversy. Leon-
hart v. McCormick, D.C.Pa., 395 F.Supp. 1073, 1076.
Question is "maot" when it presents no actual controver-
sy or where the issues have3d 37,d3 3 N E 2d 345 e347.
I.awson's Estate, 41 Il1.App.
Generally, an action is considered "moot" when it no
]onger presents a justiciable controversy because issues '�
- involved have become academic or dead. Sigma Chi
Fraternity v. Regents of Uaiversity of Colo.,�D.C.Colo.,
258 F.Supp. 515, 523. Csse in which the matter in
disptite has already been resolved and hence, one not
entitled to judicial intervention unless the issue is a
recurring one and likely to be raised again between the
parties. Super Tire Engineering Co. v. McCorkle, 416
U.S. 315, 94 S.Ct. 1694, 40 L.Ed.2d 1. A case becomes
"moot" when the issues presented are no longer "live"
or the parties lack a legally cognizable interest in the
outcome. Murphy v. Hunt, U.S.Neb., 455 U.S. 478, 102
S.Ct. 1181, 1182, 71 L.Ed.2d 353.
Moot court. A court held (normally in law schools) tor
the arguing of moot or hypothetical cases. �
Moot hill. Hill of ineeting (gemat), an which the Britons
used to hold their courts, the judge sitting on the emi-
nence; the parties, etc-, on an elevated platform below.
Mooting. The exercise of arguinB 4uestions of law or
equity, raised for the purpase. See Moot court.
Moot man. One of those who used to argue the reader's
cases in the inns o£ court.
Mora /mora/. Lat. In the civil law, delay; default;
neglect; culpable delay or default. .
7d 308, 311, 69 0.02d 416. Act or behavior that
ely violates moral sentiment or accepted moral
dards of communiEy and is a morally culpable quali-
ield to be present in some criminal offenses as
nguished from others. Lee v. Wisco�sin State Sd. of
tal. Examiners, 29 Wis.2d 330, 139 N.W.2d 61, 65.
.quality of a crime imolving grave infringement of
mosal sentiment oF the community as distinguished
i statutory mala prohibita. People v. Ferguson, 55
:2d 711, 286 N.Y.S2d 976, 981. See also Turpitude.
inda solutionis causa /marandiy sal(y)uw-
bwnas kSza/. I.at. For the purpose of delaying or
poning payment or performance.
r�reprobatur in lege /m6n reprah�ytar in liyjiy/.
.ry:is reprobated in law.
�torium /mdhratbr(i)yam/. A term designating sus-
kian of all or of certain legal remedies against debt-
�.sometimes authoriaed by law during Enancial dis-
;. .A period of permissive or obligatory delay; specif-
y, a period during which an obligor has a legal right
lelay meeGng an obligation. State ex rel. Jensen
xEock Co. v. Hyslop, 111 Mont. 122, 107 P.2d �1088,
t: � Detay or postponement of a legal obligation or an
on or proceeding. See Injunction; Restreining order.
3�favorable terms clause. A provision in a labor-
iagement contract by which the union agrees not to
:e��more favorable agreements with other and com-
; employers.
4r less. About; substantially; or approximately;
ing that both parties assume the risk of any ordi-
discrepancy. The words are intended to cover
or unimportant inaccuracies in quantity, Cartec v.
, 1S6 Ark. 954, 57 S.W2d 408; and are ordinarily
interpreted as takiag care of unsubstantial differ-
�or differences of small importance compared to
hole number of items transferred.
�ver. In addition thereto, alsa, furthermore, like-
beyond this, besides this.
itic-mazriage. See Marriage.
;ina� or morgangiva /morgsnjana/°java/. A
the morning after the wedding; dowry; the
I's gift Co his wife on the day after the wedding.
/morg/. A place where the bodies of persons
ead are kept for a limited time and exposed to
� the end that their relatives or friends may
them.
.. A member of the Church of Jesus Christ of
ay Saints. The Church was organized in 1830 at
New York, by Joseph Smith, and today its
irters are in Salt Lake City, Utah.
; loan. An unsecured loan to permit the bor-
{enerally a stockbroker, to carry on his business
day,
, or morphinism /morfanameyn(i)ya
The opium habit. An excessive desire
MORTGAGE
Mors /morz/. Lat. Death. State v. Logan, 344 Mo. 351,
126 S.W.2d 256, 259. � �
Mors dicitur ultimwn supplicium /mbrz disatar
altamam saplish(iy)am/. Death is called the `7ast pun-
ishment" the "extremity of punishment"
Morseilum, or morsellus, terr$ /morselam tehriy
/°morselas°/. In old English law, a small pazcel or bit of
land.
Mors omnia solvit lm6rz bmn�ya sbivatl. Death dis-
solves all things. Applied to the case of the death of a
party to an action.
MortaL Destructive to life; causing or occasioning
death; e�cposing to or desezving death, especially spiriW-
� al death; deadly; fatal, as, a mortal wound, or mortal
sin; uf or 4ertaining to time of death.
Mortality. The relative incidence of death.
Mortality tables. A means of ascertaining the probable
number of years any man or woman of a given age and
of ordinary health will ]ive. A mortaiity table express-
es, on the basis of the group studied, the probability
that, of a number of persons of equsl expectations of Si£e
who are living at the beginning of any year, a certain
number of deaths will oc�ur within that yeat. National
liife & Acc. Ins. Co. v. U. S., D.C.Tenn., 381 F.Supp. 1034,
1032
Such tables are used by insurance companies to deter-
mine the premium to be charged for those in the respec-
tive age graups.
Mort civile lmox(t) saviyl/. In FYench law, civil death,
as upon conviction for felony. It was nominally abol-
ished in 1854, but something very similar to it, in effect
at least, still remains. Thus, the property of the co�-
demned, possessed by him at the date of his conviction,
goes - and belongs to his successors (heri-
tiers), as in case of an intestacy�, and his future acquired
property goes to the state by right of its prerogative (par
drott de d"esherence), btit the state may, as a matter of
grace, make it over in whole or in part to the widow and
children.
Mort d'ancestor /mort dansastar/. An ancient and now
almost obsolete remedy in the English law. � An assize of
inor[ d'auestor was a writ which lay for a pezson whose
ancestor died seised of lands in fee-simple, and after his
death a stranger abated; and this writ directed the
sheriff to summon a jury or assize, who shauld view the
land in question and recagnize whether such ancesWr
were seised thereof on the day of his death, and whether
the demandant were the next heir.
� Mortgage /mSrgaj/. A mortgage is an interest in land
cceated by a wcitten instrument providing security for
the performance of a duty or the payment of a debt.
At common 1aw, an estate created by a conveyance
absolute in its form, but intended to secure the perform-
ance of some act, such es the payment of money, and the
like, by the grantor or some othe[ person, and to become
void if the act is performed agreeably to the terms
prescribed at the time of making such conveyance.
EXHIBIT 12
Defrnition of "Fiduciary Duty"
Black's Law Dictionary, Sixth Edition
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insurance. See Fidelity and guaranry insurance;
;mentiri /faydam mentayray/. Lat. To betray
Sr fealty: A term used in feudal and old English
'��a feudatory or feudal tenant who does not keep
�alty which he has swom to the lord.
�omissor /f'aydiy pramisar/. See Fide-jussor.
-/faydiyz/. Lat. Faith; honesty; canfidence;
veracity; honor. Occurring in the phrases "bona
(good faith), 'inala �des"(bad faith), and "uberri-
.3es" (the utinost or most abundant good faith).
ist�obligatio conscientis alicujus ad intention-
terius /faydiyz est dblageysh{iy)ow kdnshiyenahi-
ikyniwjas �d intenshiydwnam oltarayas/. A trust
�:obli¢ation of conscience of one to the will of
ta /faydiyz fakta/. Amo�g the F�anks and
� undertakings were guaranteed by "making
h"—fides facta. This was symbolized by such
ts as the giving of a rod; in suretyship giving
�ca" or "vadium."
�anda est /faydiyz sarvanda est/. Faith must
ed. An agent must not violate the conedeoce
� him.
�anda est; aunplicitas juris gentium prsva-
liyz sarvanda est, simplisatas juras jensh(iy)am
�./. Faith must be kept; the simplicity of the
tians mvst prevail. A rule applied to bills of
as a sort of sacred instruments.
ad(y)uwsh(iy)a/. In Roman law, an early form
ige or pledge, in which both the title and
of the property were passed to the creditor by
��.ct of sale (properly with the solemnities of the
n known as mancepateo), there being at the
: an express or implied agreement on the part
litor to reconvey the property by a similar act
rvided the debt was duly paid; but on default
it, the property became absolutely vested in
�r without foreclosure and without any right
An adjective having the same meaning as
" as, in the phrase "pUblic or fiducial ofFce:'
i hares /fad(y)uwshiyeriyas hiriyz/. See Fidu-
ius tuWr /fad(v)uwshiyeriyas t(v)uwtar/. In Ro-
�, the elder brother of an emancipated pupillus,
,ther had died leaving him stiil under fourteen
age.
iry /fad(y)uwsh(iy)ary/, The term is derived from
�man law, and means (as a noun) a person holding
aracter of a trustee, or a character analogous to
F a trustee, in respect to the trust and confidence
�d in it and the scrupulous good faith and candor
it requires. A person having duty, created by his
aking, to act primarily for another's beneft in
's connected with such undertaking. As an adjec-
FIDUCTARY DUTY
tive it means of the nature of a trust; having the
characteristics of a trust; analogous to a trust; relating
to or founded upon a trust or confidence.
A term to refer to a person having duties involving
good faith, trust, special confidence, and candor towards
another. A fiduciary `Sncludes such relationships as
executor, administratar, trustee, aad guardian." ABA
, Code of Judicial Conduct, Canon 3C(3X6). A lawyer is
I also in a fidnciary relationship with the client.
� A person or institution who manages money or prop
erty for another and who must e:cercise a standard of
care in such management activity impoaed by law or
contract; e.g. executor of estate; receiver in bankruptcy;
trustee. A trustee, for example, possesses a fiduciary
responsibility to the beneficiaries of the trust to follow
the terms of the trust and the requirements of applica-
ble state law. A breach of fiduciary responsibility would
make the trustee liable to the beneficiaries for any
damage caused by such breach.
The status of being a fiduciary gives rise to certain
legal incidents and o6ligations, including the prohibition
against investing the money or property in investments
which are speculative or otherwise imprudent.
Many ststes have adopted the Uniform Fiduciaries
Act, and the Uniform Managemeat of Institutional
Funds Act. � �
See alao Fiduciary capacity; Rduciary- or confidential
relation.
Foreign fiduciary. A trustee, executor, administratqr,
guardian or conservator appointed by ajurisdiction oth-
er than the one in which he is acting.
Fiduciazy bond. Type of surety band required by court
to 6e filed by trustees, administratora, executors, guazdi-
ans, and conservators to insure proper performance of
their duties.
FYduciary capacity. One is said to act in a"fiduciary
capacity" or to receive money or contract a debt in a
"fiduciary capacity," when the business which he tcans
acts, or the money or property which kie handles, is not.
his own or for his own benefit, but for the bene�t of
another person, as to whom he stands in a relation
implying and necessitating great confidence and trust on
the one part and a Mgh degree of good faith on the other
part. The term is not restricted to technical or express
trusts, but iacludes also such offices or relations as those
of an attotney at law, a guardian, executor, or broker, a
director of a wrporation, and a public o£Gcer.
Fiduciary contrack An ag[eement by which a person
delivers a thing to another on the condition that he will
restore it to him.
FSduciazy debt. A debt founded bn or arising from
some confidence or trust as distinguished from a"debt"
founded simply on contract. Montgomery v. Phillips
Petroleum Co., Tex.Civ.App, 49 S.W2d 967, 973.
Fiduciary duty. A duty to act for sameone else's bene-
fit, while subordinating one's personal interests to that
of the other person. It is the highest standard of duty
implied by law (e.g., ttvstee, guazdian).
EXHIBIT 13
Relevant Portions of Chapter 603
of Fridley City Code re Intoxicating Liguor Managerial Licensing
Fridley Ciry Code Chapter 603 Section 603.20.2.C.
6. The City Clerk shalt submit the provided proof of financial responsibility to the
Commissioner of Pubiic Safety.
603.17. SUSPENSION dR REVOCATION
The City Council may suspend or revoke any license for the sale of intoxicating liquor for the
violation of any provision or condition of this Chapter or of any State taw or Federa( law
regulating the sale of intoxicating liquor, and shall revoke such license for any witlful violation
which, under ihe laws of the State is grounds for mandatory revocation, and shall revoke for
failure to keep the insurance required by this Chapter in full force and effect.
603.18. NOTICE
Except in the case of suspension pending a hearing or immediate revocation for failure to have
on file at all times with the Ciry fhe liahility insurance policy or oCher evidence of finaneiat
responsibility required under Sections 603.15 and 603.16, a revocation or suspension by the
Council shall be preceded by written notice to the licensee and a public hearing. The notice sha(I
give at least ten (10} days notice of the time and piace of the hearing and sha(t state tha nature of
the charges against the licensee. The Council may, without any notice, suspend any license
pending a hearing on revocation for a period not exceeding 30 days. The notice may be served
upon the licensee personally or by leaving the same at the licensed premises with the person in
charge thereof. No suspension shali exceed b0 days.
603.19. ALTERATION OF PREMISES
Proposed enlargement, atteration or extension of premises previousiy licensed shall be reported
to the City Clerk at or before the time application is made for a Buiiding Permit for any such
change.
603,20. MANAGERIAL LICENSE
1. No person sha11 work as a manager of a premises licensed under this Chapter, and no licensee
shali permit any such person to be so employed, unless such person, within seven (7} days after
first being so emptoyed, shall app(y for a license to engage in such business. No parsons may be
so emptoyed for any length of time if their ficense is denied or revoked. (Ref. 1023}
q 2. An application for such license shall be filed with the Ciry Clerk upon forms provided by the
lr City and such application shall be verified under oath and shal( contain ihe following
information:
A. The names and addresses of two (2} residents of the State of Minnesota, who have known
the applicant far a period of two (2} years and who wi(1 vouch for the sobriety, honesty,
and general good character of the applicant.
B. A concise history of the appticant's previous employment.
C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than
traffic offenses.
EXHIBIT 14
Minnesota Statute Section 364.03
. 1
MINNESOTA STATUTES 2011 364.03
364.03 RELATION OF CONVICTION TO EMPLOYMENT OR OCCUPATION.
Subdivision 1. No disqualification from licensed occupations. Notwithstanding any other
provision of law to the contrary, no person shall be disqualified from public employment, nor
shall a person be disqualified from pursuing, practicing, or engaging in any occupation for which
a license is required solely or in part because of a prior convictian of a crime or crimes, unless the
crime or crimes for which convicted directly relate to the position of employment sought or the
occupation for which the license is sought.
Subd. 2. Conviction relating to public employment sought. In determining if a conviction
directly relates to the position of public employment sought or the occupation for which the
license is sought, the hiring or licensing authority shall consider:
(1) the nature and seriousness of the crime or crimes for which the individual was convicted;
(2) the relationship of the crime oc crimes to the purposes of regulating the position of public
employment sought or the occupation for which the license is sought;
(3) the relationship of the crime or crimes to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the position of employment ar occupation.
Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a crime or
crimes which directiy relate to the public employment sought or to the occupation for which a
license is sought shall not 6e disqualified from the employment or occupation if the person can
show competent evidence of sufficient rehabilitation and present fitness to perform the duties
of the public employment sought or the occupation for which the license is sought. Sufficient
evidence of rehabilitation may be established by the production of:
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from any local, state, or
federal correctional institution without subsequent conviction of a crime; and evidence showing
compliance with all terms and conditions of probation or parole; or
(3) a copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervision.
(b) In addition to the documentary evidence presented, the licensing or hiring authority shall
consider any evidence presented by the applicantregarding:
(I) the nature and seriousness of the crime or crimes for which convicted;
(2) all circumstances relative to the crime or crimes, including mitigating circumstances or
social conditions surrounding the commission of the crime or crimes;
(3) the age of the person at the time the crime or crimes were committed;
(4) the length of time elapsed since the crime or crimes were committed; and
(5) all other competent evidence of rehabilitation and present fitness presented, including,
but not limited to, letters of reference by persons who have been in contact with the applicant
since the applicant's release from any local, state, or federal correctional institution.
History: 1974 c 298 s 3; 1986 c 444
Copyright � 2Q l l by the Qffice of the Revisor of StaNfes, State of Minnesota. All Righis Reserved.
Y
Fridley Ciry Code Chapter 603 Section 603.20.2.C.
6. The City Clerk shall submit the provided proof of financial responsibility to the
Commissioner ofPublic Safety.
6Q3.17. SUSPENSION OR REVOCATION
The City Council may suspend or revoke any license for the sale of intoxicating liquor for the
violation of any provision or condition of this Chapter or of any State law or Federal law
regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation
which, under the laws of the State is grounds for mandatory revocation, and shal] revoke for
failure to keep the insurance required by this Chapter in full force and effect.
603.18. NOTICE
Except itt the case of suspension pending a hearing or immediate revocation for fai(ure to have
on file at ail times with the City the liability insurance policy or other evidence of financial
responsihility required under Sections 603.I5 and 603.16, a revocation or suspension by the
Council shall be preceded by written notice to the licensee and a public hearing. The notice shall
give at least ten (10) days notice of the time and place of the hearing and shall state the nature of
the charges against the ]icensee. The Council may, without any notice, suspend any ]icense
pending a hearing on revocation for a period not exceeding 30 days. The notice may be served
upon the licensee personally or by leaving the same at the licensed premises with the person in
charge thereo£ No suspension shall exceed 60 days.
603.19. ALTERATION OF PREMISES
Proposed enlargement, alteration or extension of premises previously licensed shall be reported
to the City Clerk at or before the time application is made for a Building Permit for any such
change.
603.20. MANAGERIAL LICENSE
1. No person shail work as a manager of a premises licensed under this Chapter, and no licensee
shatl permit any such person to be so employed, unless such person, within seven (7) days after
first being so employed, shall apply For a license to engage in such business. No persons may be
so employed for any length of time if their license is denied or revoked. (Re£ 1023)
2. An application for such license shall be filed with the CiTy Clerk upon forms provided by the
City and such application shall be verified under oath and shall contain the fotlowing
information:
A. The names and addresses of two (2) residents of the State of Minnesota, who have known
the applicant for a period of two (2) years and who will vouch for the sobriety, honesty,
and general good character of the applicant.
B. A concise history of the applicant's previous employment.
C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than
tra�c offenses.
� .
Fridley City Code Chapter 603 Section 60322.4.
3. The annual license fee and expiration date shall be provided in Chapter 11 of this Code.
Application for renewal of an existing license shall be made at least 15 days prior to the date of
the expiration of the license on such form as the City Council may approve.
4. The application shall be referred to the Police Department which shall investigate the facts
set forth in the applicatian and make a written report thereon at the earliest practicable time. If
the Police Department recommends that such person be licensed, the City Clerk shall issue the
license forthwith. If the Police Department makes a recommendation that the license not be
issued, the applicant, upon request, shall be entitied to a hearing before the City Council and may
offer evidence to prove the license should be issued.
5. No persons shall be issued a license if it appears that they had committed an act which is a
willful violation of Minnesota Statutes Sections 340.07 through 340.40.
6. Any ]icense issued hereunder may be revoked for any violation of this Chapter or of
Minnesota Statutes Sections 340.07 through 340.40 or for conviction of any crime or
misdemeanor involving moral turpitude.
603.21. AUTHORIZATION TO ISSUE "ON-SALE" WINE LICENSES
The City is hereby authorized to issue "on-sale" wine licenses pursuant to authority of Minnesota
Statutes. Licenses may be issued to "restaurants" as defined above. (Ref. 611)
603.22. WINE LICENSE
1. No person operating a restaurant shall sell or permit to be sold on said premises any wine
without having been issued either an "On-Sale Wine License" or an "On-Sale Intoxicating
Liquor License". An "On-Sale Wine License" permits only the "on-sale" of wine not exceeding
14 percent (14%) alcohol by volume in conjunction with the sale of food. (Ref. 611)
2. The annua] license fee and expiration date for "On-Sale Wine Licenses" shall be provided in
Chapter I1 ofthis Code.
3. No wine license shall be issued to any restaurant having seating capacity of less than fifry
(50) persons. (Ref. 847)
4. The provisions of Sections 603.01 to b03.21 above shall apply to "On-Sale Wine Licenses"
insofar as practicable, as they relate to:
Definitions: Applications; Granting of Licenses; Persons and Places Ineligible;
Conditions of License; Hours of Operation; Restrictions Involving Minors; Other
Restrictions on Purchase or Consumption; Bonds; Liability Insurance; Notice and
Hearing on Suspension or Revocation of License; Alteration of Premises; and
Penalties. (Re£ 611)
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 9, 2012
QiY OF
FRIDLEY
Date: June 27, 2012
To: William Burns, City Manager h��
R�
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Siromberg, Planner
Subject: Resolution approving Special Use Permit Request, SP #12-03, Carlson Consulting Engineers,
Inc. on behalf of Sam's Club
REQUEST
The petitioner, Mr. Brent Shields with Carlson Co�sulting Engineers, Inc., who is representing Sam's
Club, is requesting a special use permit to allow motor vehicle fueling dispensing services by
constructing a gas station within the existing parking lot of the Sam's Club property, located at 8150
University Avenue.
The project will include the construction of a 192 sq. ft. kiosk building, and six fueling pumps that are
covered by a canopy. They will also install three underground storage gasoline tanks. Parking and
circulation will be modified on the site to allow for the construction of the gas station, and additional
landscaping will be installed to provide screening and visual interest.
75
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PLANNING COMMISSION RECOMMENDATION
At the June 20, 2012, Planning Commission meeting, a public hearing was held for SP #12-03. After a
brief discussion, the Planning Commission recommended approval of SP #12-03, with the stipulations as
presented.
THE MOTION CARRIED UNANIMOUSLY.
It should be noted that the petitioner was unable to attend the June 20, 2012 Planning Commission
meeting because his flight from Tennessee was delayed. He does however agree to all the stipulations
and will be at the Council meeting.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
1. The petrtioner shall obtain al! necessary permits prior to construction.
2. The petitioner shall ensure that a!! lighting on the property is shielded and downcast, so as to not
extend over the property line or create glare.
3. Signs permits sha!! be submitted and approved prior to insYallation on the new conopy.
4. A code compliont landscape plan sAall be reviewed and approved prior to issuance of o burlding
permit.
5. Crty Engineering staff to review and opprove grading, drainage, ond utilrty plan prior to issuance
of a building permit.
76
.
,
:
City of Fridley Land Use Application
SP #12-03 June 20, 2012
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Carlson Consulting Engineers for Sam's Club
Brent Shields
7068 Ledgestone Commons
Bartlett TN 38133
Requested Action:
Special Use Permit to allow a motor vehicle
fuel dispensing services.
Existing Zoning:
C-3, General Shopping
Location:
8150 University Avenue
Size:
575,593 sq. ft. 13.2 acres
Existing Land Use:
Sam's Club Store
Surrounding Land Use & Zoning:
N: Bachman's & C-3
E: McDonalds & C-2
S: Industrial & M-1
W: Industrial & M-3
Comprehensive Plan Conformance:
Comprehensive Plan designates this area as
Commercial
Zoning Ordinance Conformance:
Sec. 205.15.1.C.(5) requires a special use
permit for automobile service stations and
motor vehicle fuel and oil dispensing
services.
Zoning History:
1986 — Warehouse Ciub Construded.
1997 — Lotis replatted.
1997 — Building addition.
Legal Description of Property:
Lot 1. Block 1, Walton 2"d Addition
Public Utilities:
Existing buildings is connected.
Transportation:
The property is accessed from the
University Avenue Service Drive, 81"
Avenue and Main Street.
Physical Characteristics:
Building, parking areas and landscaping.
SUMMARY OF PROJECT
The petitioner, Mr. Shields, on behalf of Sam's Club
is requesting a special use permit to allow motor
vehicle fueling dispensing services by constructing a
gas station at the Sam's Club property, located at
8154 University Avenue.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special use
permit, with stipulofions.
• Motor vehicle fueling dispensing services
are a permitted special use in the C-3,
General Business zoning district, subject to
stipulations.
Aerial of Subject Property
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — July 9, 2012
60 Day—July 16, 2012
Staff Report Prepared by: Stacy Stromberg
LAND USE APPLICATION
SPECIAL USE PERMIT #12-03
REQUEST
The petitioner, Mr. Brent Shields with Carlson Consulting Engineers, Inc., who is representing Sam's
Club, is requesting a special use permit to allow motor vehicle fueling dispensing services by
construcfing a gas station within the existing parking lot of the Sam's Club property, located at 8150
University Avenue.
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The project will include the construciion of a 192 sq. ft. kiosk building, and six fueling pumps that are
covered by a canopy. They will also install three underground storage gasoline tanks.
SITE DESCRITPTION & HISTORY
The subject property is zoned C-3, General Shopping as is the Bachman property to the north. The
properties west and south are zoned industrial and the property to the east is a McDonald's that is
zoned C-2, General Business. The property is located on the corner of 81" Avenue and University
Avenue Service Road. The existing warehouse building was constructed in 1986. In 1993 and in 1994,
Sam's Auto Buying Program received special use permit approvals to allow sale and dispiay of new
and/or used motor vehicles by automobile agencies. The property was replatted in 1997 to allow the
creation of the Bachman's lot to the north. A building addition was also constructed in 1997. A permit
has been issued this year to do a major remodel of the existing building, which they are currently
working on. This remodel will also include a new canopy area in the front of the building for loading of
merchandise.
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ANALYSIS AND CODE REQUIREMENTS
Motor vehicle fuel dispensing services are a permitted special use in a C-3, General Shopping zoning
district; subject to stipulations. As stated above, the project will include the construction of a 192 sq. ft.
kiosk building, and six fueling pumps that are covered by a canopy. They will also install three
underground storage gasoline tanks. Parking and circulation will be modified on the site to allow for the
construction of the gas station, and additional landscaping will be installed to provide screening and
visualinterest.
Sam's Club has been interested in constructing this gas station on their property for several years,
however the City's parking code standards wouldn't allow them to eliminate parking stalls for the
construction of this use. In the early 2005, two variances were granted to reduce the required amount
of parking stalls in commercial zoning districts, for the redevelopment of Target and CVS. Instead of
continuing to grent variances, staff determined that we should analyze our parking standards to see if a
change needed to be made. Our analysis determined that we were requiring too many parking stalls in
our commercial zoning districts, so in 2005, the City approved a text amendment to reduce the parking
code standards for commercial properties from 1 stall for every 150 sq. ft. to 1 stall for every 250 sq. f[.
of building area. As a result of this change, Sam's Club is now able to use some of their large parking lot
to accommodate the construction of the gas station and still be complaint with code parking
requirements.
The existing Sam's Club building is 135,192 sq. ft, and the proposed kiosk building is 192 sq. ft., which
will require 521 parking stalls for the subject property. Currently there are 743 parking stalls on site,
after the construction of the gas station area, 623 will remain, therefore, exceeding code requirements.
The proposed canopy and kiosk building meet all setback requirements and the site is at 24% lot
coverage with the construction of the kiosk building and canopy, which also meets code requirements.
City code does state that all accessory structures need to be located in the side or rear yard and though
staff generelly relates this requirement to residential properties and things like sheds, we wanted to
point out that this use though accessory to the existing Sam's Club, could stand alone as a principal use
on the site and meet all code requirements, and therefore would be allowed.
The new kiosk building will be constructed of CMU (concrete masonry unit) painted block, which will be
match and be compatible with the exterior of the existing Sam's Club building.
Proposed Kiosk Building and Fueling Pumps
%a
79
RECOMMENDATIONS
City Staff recommends approva! of this speciol use permit, with stipulotions.
• Motor vehicle fuel dispensing services are a permitted special use in the C-3, General Shopping
zoning district, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. 7he petrtronershall obtorn oll necessory permits prior to constructio�.
2. The petitioner shal! ensure that alI lighting on the property is shielded and downcast, so as to not
extend over the property line or create glare.
3. Srgns permits shal! be submitied ond approved prror to installation on the new canopy.
4. A code compliant landscape plon shall be reviewed and approved prior to issuance af a building
permit.
5. City Engineering stoff to review and approve grading, drainage, and utility plan prror to issuance
of a building permit.
: 1
t
RESOLUTION NO. 2012 -
A RESOLUTION APPROVING SPECIAL USE PERNIIT SP# 12-03
FOR SAM'S CLUB, GENERALLY LOCATED AT 8150 UNIVERSITY AVENUE NE
WHEREAS, Section 205.15.O1.C.05 of Fridley City Code allows motor vehicle fuel and oil
dispensing services in an G3, General Business zoning district by a special use permit if certain
conditions can be met; and
WHEREAS, on June 2Q 2012, the Fridley Planning Commission held a public hearing to consider a
request by Cazlson Consulting Engineers, Inc., on behalf of Sam's Club, for the properry generally
" located at 8150 University Avenue NE in Fridley, legally described as Lot 1, Block I, Walton 2"a
Addition, for a Special Use Permit SP# 12-03 to a11ow motor vehicle fuel dispensing services by
constructing a gas starion; and
WHEREAS, on July 9, 2012, the Fridley City Council approved the stipulations represented in
E�chibit A to this resolution as the conditions approved by the City Council on Special Use Permit
SP# 12-03; and
WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 12-03, at the July
9, 2012 City Council meeting;
s NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special
Use Permit SP# 12-03 and stipu]ations represented in Exhibit A aze hereby adopted by City Council
of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9�'
DAY OF JULY, 2012.
ATTEST:
3
DEBRA A. SKOGEN - CITY CLERK
s
�
LiJND — MAYOR
EXHIBIT A
SP# 12-03 Specia► Use Permit for Motor Vehicle Fueiing Dispensing Services
Sam's Club, Generally located at 8150 University Avenue NE, Fridley, MN
Stipu►ations
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall ensure that all lighting on the property is shielded and downcast, so as to not
extend over the property line or create glaze.
3. Signs permits shall be submitted and approved prior to installation on the new canopy.
4. A code compliant landscape plan shall be reviewed and approved prior to issuance of a building
perm it.
5. City Engineering staff to review and approve grading, drainage, and utility plan prior to issuance
of a building permit.
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'= AGENDA ITEM
CITY COUNCIL MEETING OF JULY 9, 2012
CffY OF
FRIDLEY
INFORMAL STATUS REPORTS
m