Loading...
HomeMy WebLinkAboutWK July 10, 2001 (f5 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN,US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Anoka County Public Safety Communications System DATE: July 10, 2001 INTRODUCTION Sheriff Podany will be in attendance to explain anticipated changes in the County's public safety communications system. DISCUSSION , Information is attached for Council review. BUDGET IMP ACT Discussions at the workshop will include a review of funding methodologies currently under consideration by Anoka County. ACTION REOUIRED For Council review and discussion. EXECUTIVE SUMMARY Empirical and analytical methods were used to evaluate existing public safety land mobile radio systems in use in Anoka County. The results of use of the empirical methods agreed quite . closely to the results obtained from use of the imalytical methods. It is clear that congestion, particularly on law enforcement dispatch channels is a very significant problem that has a negative impact on safety oflaw enforcement officers and on the efficiency and effectiveness of those law enforcement officers. Coverage of radio systems, particularly the talk-out of dispatchers to people in the field is in need of substantial improvement. TIlls is p'articularly true for persorinel using portable radios inside buildings, especially in the northern half of Anoka County. There are major concerns with the overall reliability of the systems in use. There is no adequ;1te provision for answering 9-1-1 calls and providing a radio operating service in the event that the existing dispatch center in the Anoka County Government Center would have to be abandoned for any reason. Most of the fixed location radio sites do not have emergency generators and they would be off the air during any period after failure of commercial electrical power. Telephone lines used to connect remote radio sites to the dispatch center are relatively unreliable and in need of improvement. Interference on the radio frequencies currently used is a significant problem that is increasing each year as radio systems that are interfering with Anoka County systems are becoming busier each year. There is substantial concern with the potential for jamming radio frequencies in use by public safety entities in Anoka County. TIlls is particularly true because there has been an ongoing off and on jammer who is interfering with public safety radio systems in use in Hennepin County. There are minor concerns about the ability to coordinate actiyities through interoperating radio systems between different entities within and outside of Anoka County. , The impact of failure to address the deficiencies identified is less than the highest level of safety related to fire and law enforcement operations, and a significantly lower level of service to the public. In order to correct those deficient areas, there are two very differenfbasic alternative system directions between which Anoka County public officials may choose. There are, however, some other enhancements or system improvements that should be implemented regardless of which of the two base alternative directions is chosen. Those system improvements that should be implemented without regard to overall direction are: Ronald Vegemast Engineering. Inc. -!- Report: Anoka Counly ....,... . A back-up dispatch center should be implemented at an estimated cost of$150,000. That amount is currently available for a back-up dispatch center in the Anoka County budget. . A substantially upgraded fire radio paging system should be implemented at an estimated cost of$I,71O,000. . An upgrade in test equipment and spare parts will be needed regardless of the alternative . system direction chosen by the County. A reasonable budget for an upgrade oftest equipment and spare parts will be $100,000. . A second law enforcement dispatch channel must be placed into operation 24 hours per day compared to the current 16 hours per day. This will require the alIliost immediate addition of three or four more dispatch center radio operators. Of the two base alternative directions that public officials in Anoka County may select, one is enhancement of the existing radio systems. Enhancements that would provide acceptable performance in the operating areas for public safety, communications are recommended in this report. Those enhancements require expanding the number of radio channels available although the addition of radio channels is not possible with existing technology. Enhancement should also include the addition of fIXed location radio sites and simulcast control of those sites. The estimated cost for those recommended improvements is $4,750,000. Those enhancements to the existing systems will likely be adequate for a period oftinie, probably less than a normal ten year useful life, before a different kind of radio system will be needed. Continued use of existing / systems, even with the enhancements described in this report, will likely result in reoccurring congestion in less than ten years and the only viable alternative at that time is most likely to be migration to an entirely new replacement system, probably the Mn/DOT 800 MHz trunked radio system. The second base alternative system direction that might be selected is total replacement of the existing public safety land mobile radio systems. The replacement that is recommended in the report is to subscribe for service from the new Mn/DOT digital modulation, trunked radio system currently being implemented. If that recommendation is selected, the performance of the radio systems is judged to be excellent in all parameter areas. The system is also likely to be acceptable as a system, without requiring replacement, well into the 21st century. The estimated cost for implementing a total replacement of the existing land mobile radio systems is ; $16,640,000. "~'..- .-.- - - .,' . , If the total replacement alternative is selected and if the system were funded by the sale of bonds to be retired over a ten year period, then the average cost per year will be less than 2% of the cost " to provide fire and law enforcement protection to the citizens of Anoka County. It is believed that the improvement in safety for firefighter and law enforcement personnel alone canjustify a cost figure that is less than 2% of the cost of providing public safety service. In addition, improvement in the overilll effectiveness and efficiency of personnel in the field leading to a higher grade of public service also justifies the cost. Ronald Vegemast Engineering, Inc. -2- Report. Anoka County If the total system replacement alternative is chosen, then use of microwave point-to-point radio for communications linkS to remote radio sites can be cost justified. In addition, microwave - circuits will provide better reliability, stability and audio clarity. It is recommended that microwave point-to-point links be used if the total system replacement alternative is chosen. Regardless of the alternative chosen, it is important that a back-up location for rec,:eiving 9-1-1 telephone calls from the public and from which minimum control of the radio network will be possible should be implemented at the earliest possible time. Planning for a back-up dispatch center is complete and funding has been made available in the Anoka County budget. There is substantial congestion for eight hours e~ch day on the single law enforcement channel in use. The second law enforcement dispatch channel should be made operational for 24 hours per day compared to the current 16 hours per day in order to provide some relief from congestion for law enforcement personnel. Use of the second channel during an additioniU eight hours per day will result in some improved radio coverage during the eight hour period in the northern areas of' the county. This change should be implemented as quickly as it is possible to hire and tram additional law enforcement dispatch radio operators. The improvements to the fire radio page alerting are a critical need that can be implemented as quickly as additional equipment can be placed into service since no additional radio frequencies are required. This upgrade of fire service radio paging will need to be done regardless of which base system direction alternative is chosen. Therefore, the fire radio page alerting system should / be implemented as quickly as pOSSIble. In terms of the direction that is selected for implementation, the report lists in Section 4.4.4 a series of steps that need to be taken. The first of those steps is to decide which of the two base alternative directions is to be followed. Within the base alternative chosen, there are additional sub alternatives that also need to be decided upon. Once the direction is established, the required amoUnt of funding will be known and must be arran,ged. Additional radio frequencie.s will be needed if the enhancement of existing systems alternative is chosen. Needed radio sites will need to be identified based on engineering studies and agreements will have to be executed for use of those sites. Communications engineering work would then need to be performed followed by a procurement phase and implementation phase. Because of the critical nature of many of the system deficiencies identified, it is essential that public officials in Anoka County proceed as quickly as possible to decide on the long-term direction to be followed and the other steps to get the necessary upgrades implemented. ;" / Ronald Vegemast Engineering, Inc. -3- Report: Anoka County ~~ "", SECTION I INTRODUCTION .' 1.1 PROJECT BACKGROUND Public safety land mobile radio systems in use in Anoka County were studied during the spring and summer of 1997. The output of that activity was a report entitled, "Anoka County Governments Land Mobile Radio Systems." Conclusions and recommendations in that report include: .. . Continued :use of existing systems as is for more than a few years cannot be recommended due to the operational concerns described in Section 3.4 and 3.5 of this report. In particular, the evaluation parameters in the summary table are listed from top to bottom in the general order of importance. It should be noted that the most important four operational parameters that need to be satisfied by a radio system all have significant concerns with the existing radio systems as they are. It must also be observed that those concerns will become even more of a concern each year into the future. ' . Enhancing existing systems can overcome, at least partially, three ofthe four major operational parameters that were evaluated in the systems. There is little that can be done with interference in the frequency bands that are most used by governments in Anoka County. Even though relief from three or four concerns can be provided though enhancements, those ' enhancements will only provide relief from concerns for a temporary period of time. / Eventually the congestion problems will reoccur even with the enhancements. This would mean that there is the high probability that in the early years of the first decade of the twenty- first century, that Anoka County governments will find that there is no longer an opportunity to continue use of the frequency bands that are currently used. At that time, it is highly probably, without some radical change in the regulatory proceedings that are not apparent at this time, that Anoka County governments will find it prudent to migrate to an 800 MHz trunked radio system. This means that if Anoka County governments make the investment in the enhancements of the existing systems, that investment will need to be abandoned,before the end of the useful life of those enhancements is reached, and the full cost of migrating to an 800 MHz radio system will happen even though it happens a little bit later. No part of the capital investment in enhancements will reduce the cost of any 800 MHz trunked radio system alternative. . Continued use of the radio frequency bands currently used by governments in Anoka County will eventually require that those governments purchase digital modulation radios because of regulatory changes by the Federal Communications Commission. The best estimate as to when that might occur is approximately the year 2003 or 2004. Those digital modulation radios in the currently used radio bands will be close to the same price as digital modulation radios for use in the regional 800 MHz trunked radio system. . Proceeding to an 800 MHz trunked radio system is most likely to be inevitable for government radio users in Anoka County.. The timing could be as wly as the year 2000 or as late as 2003 or 2004, particularly if at least some system enhancements are implemented and Anoka County governments can tolerate the negative effects of increasing levels of interference. At the time that the inevitable happens, and Anoka County governments fmd it prudent to migrate to an 800 MHz trunked radio system, the system option must be determined. A stand-alone system will be more expensive for infrastructure mainly because / Anoka County can use the infrastructure of the regional system if becoming a subscriber on Ronald Vegemast Engineering, Inc, -4- Report: Anoka County the regional system is elected. At the same time, analog subscriber radios (mobile radios, portable radios and RF control stations) will be less expensive than the digital modulation radios that will be needed if the County governments subscribe for service on the regional subnetwork. It is probable, however, that the differential in cost between analog trunked radios and digital trunked radios will narrow in the future. It is therefore considered probable that the total cost to implement an 800 MHz trunked radio system, which will be the cost for the infrastructure and the cost for the subscriber radios, may be about the same total amount. J While audio clarity may not be as good with digital modulation radios, subscription for service from the regional system can provide a higher level of intersystem intercommunications, wider area scanning, region-wide roaming instead of roaming only within the County, and a full range of advanced features only available if digital modulation radios are used. . The licenses for the 800 MHz radio frequencies usable in Anoka County will require that the system be constructed and in use by some time in 2002 or the FCC rnay allow any other eligible entity to license and use those frequencies. . The Minnesota Legislature has exempted radio equipment purchased for use with the regional 800 MHZ trunked radio system from sales taxes through July 31, 2003. We therefore recommend that governments in Anoka County plan to migrate to the regional 800 MHz trunked radio system in about the year 2002 or 2003. Installation of the infrastructure arid beneficial use of the system using portable radios in 2002 will protect the frequency licenses. Completion of the installation of the mobile radios by July 3 1,2003 will save hundred of thousands of dollars in sales taxes. Implementation in the 2002 /2003 time frame can prevent significant expenditures for enhancement of existing systems that will be of no value when migration to a trunked radio system occurs. It is further recommended that 'no expensive enhancements of existing systems be planned prior to the migration to an 800 MHz system." / PROJECT OBJECTIVE 1.2 There have been several significant developments since the 1997 project was completed. In late 1998, the Federal Communications Commission issued a set of rules referred to as "Refarming". The refarming rules provide a way to subdivide existing radio frequency bandwidth so that for many existing frequencies, two new frequencies can be created and used. In addition, the Minnesota Department of Transportation (MnlDOT) 800 MHz radio system details are now known as the bidding process for that system has been completed and implementation of the system is underway. If Anoka County is to take advantage of the exemption on paying sales taxes for equipment to be used as part of the MnlDOT 800 MHz radio system, then engineering work should begin in early 2001 at the latest. As a result, the Anoka County Board of Commissioners decided that the . issues related to public safety land mobile radio communications in Anoka County should be reanalyzed. The new analysis should consider whether or not improvements in public safety radio systems are required, and if so, can the necessary improveme~ts be accomplished through enhancement of existing systems or should the existing systems be replaced by migration to the MnlDOT 800 MHz radio system. The objective for this project is to present recommendations to the Anoka County Board of Commissioners based on this analysis with the new information considered. / Ronald Vegemast Engineering, Inc. -5- Report: Anoka County j ANOKA COUNTY 2002 CAP IT AL BUDGET 2002 - 2006 CAPITAL IMPROVEMENT PROGRAM I PROJECT TITLE Radio System Start Date 01/0112005 DEPARTMENT Central Communications Est. Completion Date 12/3112006 CATEGORY INFORMATION MANAGEMENT Priority 10f2 PROJECT NUMBER 1998-05 Cost Center 1440 CAPITAL IMPROVEMENT PROJECT NARRATIVE Properly designed public safety Mo-way radio systems can be expected to provide 20 to 30 years of useful life, provided that the mobile and portable radios are replaced when they reach 8 to 12 years of age. Our existing radio system used by all police and fire departments in the county was built in the early 1970s, when federal funding was available for construction costs. As the system has aged, several problems have been identified - 1) Capacity - The existing radio system had a sufficient number of radio channels for use in 1975. However, as population, call volumes and numbers of radio users have increased, a serious shortage of radio channels has been the result More channels in the part of the radio spectrum we currently use are simply not available. With our current system, the only possibility for relief from channel congestion is to change how the system is used. Our fire. radio project was an example of this. The other way to address capacity problems is to move our radio communications to another part of the radio spectrum where channels are available. 2) Coverage - Public safety radio systems must support portable radio coverage within buildings. As the county experiences more residential, industrial and commercial development, the demands on the radio system increase. Enhancements to the existing radio system would be necessary to provide adequate coverage, / 3) Interference - As radio channels become co-licensed (due to capacity demands), ever increasing levels of interference on our existing channels is the result. Technical methods are available to screen out unwanted interference, but the interference is still in the radio, and the desirable radio signal must be more powerful to be heard. As such, increasing interference also directly affects coverage. 4) Regulatory Changes - The Federal Communications Commission recognizes the need for more radio channels for publiC safety use. They recently allocated UHF 1V channels 60-69 for public safety, and are currently developing guidelines for the usage of these channels. However, they also are working toward significant modifications in how existing VHF channels are used. These modifications will require that systems designed in the future utilize "narrow band" equipment, with features and costs comparable to the regional 800 MHz system. There are three alternatives to address these problems: enhance our existing VHF radio system, wait until FCC rule making is complete and build a system on newly allocated channels, or participate in the regional 800 MHz radio system, Enhancement of our current sysMm would be the least expensive option, but it would have shortcomings. Capacity issues cannot be addressed - there are simply no additional channels. Coverage could be improved with current simulcast technology. There is no possibility for relief from interference, since this is inherent in this part of the radio spectrum. Narrow band technology requirements will drive up the cost oflhis option. The existence of newly allocated radio channels provides for a possible contingency if current system enhancement is not possible. FCC rule making will determine how systems must be constructed; it is highly likely thattrunking technology for voice systems will be required, and digital modulation is also very likely in order to make efficient use of the spectrum resources. Since rules for system design have not been promulgated, it is not possible to perform cost comparisons. It is very likely that relief from capacity, coverage, and interference problems would be possible. The only solution today to the radio problems we are experiencing is participation in the regional system. With digital 800 MHz ) trunking, capacity is no longer an issue. System engineering would assure that coverage within buildings would be provided, Interference on digital systems is non-existent, and the FCC has already issued rule making for this part of the radio spectrum, CIP FORM NO 3 ~ 2002 CAPITAL BUDGET 2002 - 2006 CAPITAL IMPROVEMENT PROGRAM , PROJECT TITLE Radio System Slart Date 01/0112005 DEPARTMENT Central Communications Est Completion Date 12/3112006 CATEGORY INFORMATION MANAGEMENT Priority 10f2 PROJECT NUMBER 199~5 Cost Center 1440 CAPITAL IMPROVEMENT PROJECT NARRATIVE 800 MHz Trunked DIQllal SYStem SYStem Development Costs Motorola Equipment Costs 800 MHz dig~al RF components (9 s~es, 11 channels) $ 4,618,667 Radio simulcast master controller 811,250 Microwave 398,115 Channel banks 201,000 Radio console equipment Cl positions) 484,861 Voice logging equipment (off s~e) 68,750 Smart zone master equipment 87,500 Smart zone manager terminal 22,500 Dig~al interface units 37,500 Loop switch equipment 16,250 Civil work 580,000 Radio engineering 150,000 Contingency 628.640 Total Infrastructure 8,105,033 Add/tlona/ltems I Test Equipment and Training 100,000 800 MHz digttal trunking technology would require investments in test and monttoring equipment T olal Costs $ 8,205,033 , . I CIP FORM NO 3 , Maintain Exlstlno Radio System Scheduled Infrastructure Replacement Civil Work - 8 sites @ $75,000 each (emergency power, shelters) $ 600,000 14 Transmitters @ $30,000 each (base stations, antennas, coax) 420,000 38 Satellite Receivers @ $7,000 each (receivers, antennas, coax) 266,000 3 Comparators @ $15,000 each (voting electronics and wiring) 45,000 T1 Span installation - 3 @ $1,000 each 3,000 Engineering 50,000 Total Scheduled Infrastructure Replacement 1,384,000 Scheduled Radio Replacement - Anoka County Sheriffs Office (Replace 40%) 36 Mobile Radios @ $1,800 each 64,600 44 Portable Radios @ $600 each 35,200 Installation of Mobile Radios @ $200 each 6,600 Total Scheduled Radio Replacement 108,800 Other Costs Sales tax on hardware listed above 93,015 10% Contingency 149,260 Total Other Costs 242,295 Total Cost to Maintain Existing System $ 1,735,095 $ 1,735,095 Other Municipalities Costs Radios (Replace 40%) 183 Mobile Radios@ $1,600 each $ 329,400 299 Portable Radios @ $600 each 239,200 j Installation of Mobile Radios @ $200 each 22,200 Sales tax on hardware listed above 36,959 Total Other Municipalities Costs $ 627,759 627,759 t $ 2,362,654 Annual Operating Budget Costs . Replacement Program (20% per Year) Anoka County Sheriffs Office Radios Portable - 22 @ $600 each $ 17,600 Mobile -16 @$1,600each 32,400 Installation of Mobile Radios @ $200 each 3,600 53,600 Other Municipalities Portable -150 @$600each 120,000 Mobile - 92 @ $1,600 each 165,600 Installation of Mobile Radios @ $200 each 16,400 304,000 Total Annual Operating Costs $ 357,600 Assumptions used in the above: 40% of all public safety radios will need immediate replacement and then 20% per year thereafter, 60% of all satellite receivers will need immediate replacement due to age, 60% of all base transmitters will need immediate replacement due to age. All three comparators (voters) will need immediate replacement due to age. I Primary transmit sites and key receiver sites should have backup power. Conversion of transmitters to T1 keying from DC keying is imperative. 'Recurring monthly cost of T1 spans will be approximately $600 each per month, slightly higher than our current leased phone lines. Enhanced VHF Radio System , 14 Mobile relay stations with antennas, line and install $ 420,000 Three simulcast groups 900,000 Four microwave spurs 400,000 Radios - Anoka County Sheriffs Office 102 Portable@$1,200Each 122,400 83 Mobile @$1,200 each 99,600 6 Additional Portable @ $1,200 each 7,200 5 Additional Mobile @ $1,200 each 6,000 Installation of Mobile Radios @ $200 each 17,600 Civil Work (towers, shelters, emergency power, etc.) 580,000 Sales tax on equipment 210,000 Radio engineering 150,000 Contingency 410,000 $ 3,322,800 $ 3,322,800 Suggested Items Regardless of System Improvements to Fire Radio Paging $ 1,710,000 Simulcast of fire paging is needed to provide proper coverage. Test Equipment and Training 100,000 Maintenance of simulcast equipment requires different test and monitoring equipment, as well as skilled technicians. Total Suggested Items Regardless of System $ 1,810,000 1,810,000 County Share Prior to Municipalities $ 5,132,800 , j Other Municipalities Costs Radios Portable -747@$1,200each $ 896,400 Mobile - 457 @ $1,200 each 548,400 Installation of Mobile Radios @ $200 each 55,400 Total Other Municipalities Costs $ 1,500,200 1,500,200 $ 6,633,000 Annual Operating Budget Costs Anoka County Additional Dispatchers (3 FTE's) $ 105,750 Call load studies conducted by the consulting engineer conclude that channel saturation is occurring today between the hrs of 0700 - 1100 and 1500 - 2300. Anoka County Sheriffs Office Radios - Replacement Program (20% per Year) Portable - 22 @ $1,200 each 26,400 Mobile - 18 @ $1,200 each 21,600 Installation of Mobile Radios @ $200 each 3,600 Total Operating Costs - Anoka County 157,350 Other Municipalities - Replacement Program (20% per Year) , Portable - 150 @ $1,200 each 180,000 Mobile - 92 @ $1,200 each 110,400 Installation of Mobile Radios @ $200 each 18,400 Total Operating Costs - Other Municipalities 308,800 Total Annual Operating Budget Costs $ 466,150 , , BOD MH7 Tnlnk9d nloltal System Original Proposal Revised SV!llitAm rlevelonmltnt CORm Motorola Equipment Costs , 800 MHz digital RF components (10 snes, 11 channels) $ 5,128,667 $ 4,618,667 Using 9 sites Radio simulcast master controller 811,2S0 811,250 30S3 Microwave 2,828,115 398,115 Using standby microwave links Channel banks 201,000 201,000 Radio console equipment t;1 positions) 484,861 484,861 Voice logging equipment (oIlsne) 68,750 68,750 Smart zone master equipment 87,500 87,SOO Smart zone manager terminal 22,500 22,500 Digital interface units 37,500 37,SOO Loop swnch equipment 16,250 16,2S0 CivilworX - 580,000 Radio engineering - 1 SO,OOO Contingency 968,640 628,640 Reduction Total Infrastructure 10,655,033 8,105,033 Subscriber Costs Anoks County Sheriffs Office 100 Portables@ $3,310 each 331,000 180,000 $1,800 each n Mob"es @ $3,300 each 254,100 138,600 $1,800 each 8 Additional Portable 14,400 $1,800 each 11 Additional Moblie 19,800 $1,800 each InstallaUon of Mobile Radios @ $200 each - 17,600 Other Municipalities 652 Portables@$3,310each 2,158,120 - 484 Moblies @ $3,300 each 1,597,200 - Total Subscriber Costs 4,340,420 370,400 Total System Development Costs $ 14,995,453 $ 8,475,433 $ 8,476,433 NOTE: No sale. tax I. Included ae the.. I. an exemption on sale. tax forthl. equipment If purchased by 08/3112003. Suggested /terns Raganl/ass of System Improvements to Fire Radio Paging $ 1,710,000 \ Simulcast of fire paging is needed to provide proper coverage. , Test Equipment and Training 100,000 800 MHz digital trunking technology would require investmenta in test and monitoring equipment t Total Suggested Items Regardless of System $ 1,810,000 1,810,000 Total County Share Prior to Munlclpalltfe. $ 10,285,433 Other Munlclpalltle. Co.ts Radios Portable -747@ $1,800 each $ 1,344,600 Mob"e - 457 @ $1,800 each 822,600 InstallaUon of Mob"e Radio. @ $200 each 55,400 Total Other Municipalities Costs $ 2,222,600 2,222,600 $ 12,608,033 Annual Operating BUdget Co.ts Anoka County Additional Olspatche~ (3 FTE's) $ 105,7S0 Call load studies conducted by the consulting engineer condude that channet saturation ls occurring today between the h~ of 0700 - 1100 and 1500 - 2300. Anoka County Sheriffs Office Radios - Replacement Program (20% per Year) Portable - 22 @$l,800each 39,600 Mobile. 18 @ $1,800 each 32,400 InstallaUon of Mobile Radios @ $200 each 3,600 System Access Fee @ $60 per radio per year 11,760 Total OperaUng Costs - Anoka County 193,110 Other Municipalities - Replacement Program (20% per Year) Portable -150@$l,800each 270,000 Mob"e - 92@$1,800 each 165,600 InstallaUon of Mobile Radios @ $200 each 18,400 System Access Fee @ $60 per radio per year 72,240 Total OperaUng Costa - Other Municipalities S26,240 Total Annual OperaUng Budget Costs $ 719,350 ~) ./ - , , / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CLANDOVER,MN,US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Crime Watch Prevention Program DATE: July 10, 2001 INTRODUCTION Sheriff Podany will be in attendance to make a brief presentation regarding the addition of a Crime Watch Coordinator Position for the 2002 law enforcement contract with the Anoka County Sheriffs Office. DISCUSSION / Information is attached for Council review. BUDGET IMP ACT Funding for this position is attached, and if approved by Council would be included in the 2002 Anoka County Sheriffs contract. Co-funding of this position will be explored with the City of Ham Lake for 2002. ACTION REOUIRED For Council review and consideration, . C) !- , , \ " ,~ Office of the Sheriff ) 7' ~~ , ,erg '1/ C;,y.,'CRIt:):., ~ ~-D . '~;:r" ;\;Y}/ Anoka County Ii; ,. ': '~--,) )i ' Sheriff Larry Podany ~,. .,.;,..; ) '\ ~1-4c6~~ \ !~~\\. 325 East Main Street, Anoka, MN 55303-2489 (763)323-5000 Fax (763)422-7503 (:;, '0 PROPOSAL FOR CRIME WATCH COORDINATOR POSITION A Crime Watch Program forms the basis of crime prevention in many communities across Minnesota, Heretofore the Anoka County Sheriff's Office has had a Crime Watch Program in place which has been presented upon request to communities by Patrol Deputies, However, no direct effort at promotion or coordination of this program within the communities that we serve has taken place, Given the size of the communities the Sheriff's Office provides service to, it is clear that in order to provide additional focus for the Crime Watch Program, a full-time position is , necessary which would dedicate itself to organizing crime watch and its ancillary functions and I other services to the citizens of our communities, The proposal would then be to combine resources between those communities interested and the Sheriff's Office to pay for a full-time Crime Watch Coordinator position serving those cities interested in helping to fund the position, The primary objective of the Crime Watch Coordinator position would be to analyze, develop, implement and coordinate crime prevention and community safety programs in the communities that the Sheriff's Office serves, Essential duties and responsibilities would include coordinating and directing community-oriented service programs to help prevent crime. These would include, but not be limited to, Operation ill, Night Watch, Kid Care, McGruff Seminars, Crime Prevention presentations, Senior Camp, Youth Summer Camp, and National Night Out. The Crime Watch Coordinator would work with existing neighborhood watch programs throughout the County, and promote expansion of those programs under the crime prevention umbrella. It would include updating block captains of neighborhoed groups through a monthly newsletter, serving as a liaison to apartment buildings and manager coalitions, arranging \ residential property security surveys, preparing lesson plans to present office programs, and ) Affirmative Action/Equal Opportunity Employer - - , ProDosal for Crime Watch Coordinator Position Page 2 assisting deputy sheriffs, neighborhoods and civic organizations upon request. The position would prepare and present updates and reports on existing and new crime prevention initiatives and would plan and conduct a series of annual public meetings focused on neighborhood issues, As part of those responsibilities, the position would be responsible for the writing of newsletters, brochures and other information to the public, As the Sheriff's Office currently envisions the program, the cost for the Crime Watch Coordinator position would be shared by the Sheriff's Office and any communities wishing to participate in the program through their contract services. Fees would be billed through the contract on an annual basis, and the division of those costs would be worked out depending on the cities interested in participating in this program. The annual cost including initial set-up costs, would total approximately $60,342, and includes the costs summarized below. A preliminary estimate for the salary and benefits for this position would be $45,000. This would be ultimately based on qualifications and/or grading of the position by the Anoka County Human Resources Department. Initial Set-Up Costs: Annual Costs: Computer $2,000.00 - one time One time 2,142.00 Phone 142.00 - one time On-going 12,400.00 Lease vehicle 4,800,00 On-Going Costs: Salary/Benefits 45.000,00 Pager 81.00 - per year Total $64,342.00 Phone Service 100.00 - per year GaslRepairs 2,640,00 - per year Uniforms 400.00 - per year Vehicle Insurance 679.00 - per year Administrative Costs (General office supplies, office space, etc.) 4,500.00 - per year Promotional Costs 4,000.00 - per year ..- @ / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N, W. ? ANDOVER, MINNESOTA 55304 ? (763) 755-5100 FAX (763) 755-8923 ? WWW,CLANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ ,FROM: Vicki Volk, City Clerk SUBJECT: Charitable Gambling Ordinance DATE: July 10,2001 INTRODUCTION J At the June 18th meeting, Council discussed a request from an outside of the city organization to allow charitable gambling. Also discussed was a variety of other issues concerning whether the city can limit or prohibit certain other activities related to regulation of charitable gambling. DISCUSSION Attached is a chart showing what other cities allow/require for charitable gambling. Staff contacted the Gambling Control Board and asked the following: Can we limit the booth lease to include utilities, overhead and incidental expenses? Yes, as long as it does not exceed the $1,000 maximum set by state law. Can we prohibit certain games, such as paddle wheel? - Yes Can we designate a higher percentage of profits that have to remain within the city? - Yes. We can designate 100% if we choose. Can we require the booth to post notices that we want? - Yes. / Relative to council discussion regarding outside organizations conduction gambling within the city, staff feels that there are enough organizations in the city that are qualified to conduct charitable gambling and recommends no change to the residency requirement. ACTION REQUIRED Council review and discussion relative to imposing additional restrictions on charitable gambling. Respectfully submitted, U tJ,L6 Vicki V olk City Clerk J / n () OJ )>;ll ~ 0 ID :J Q) OJ 0 -, 0 3 3 ::J ffi ~ C/I 'O;ll '" = Q] '< :::I '0 a: en ~380 aQ)SS~go~ gg~~'g~~ 3W~2~ ~ 5ma~ ~3~momig ~~~~::J~m m3~C/lia 0 ~ '......-1>> nro-xoo::Jm -. -om-Q) mu'ro)>C/I 0 ff~~a m~'~O~ID @o~::J~~n cr'(t)::J3 ::JeD _ co N S':J'<:CD:JQ)CD~ :J::Jo::r c= ~(J)CDO 0.-'''' ~~ga qO:J~:J00 0CD(DIDgg5. 0Q)::J::J~ 0:3 00 ~~0a' Oo,<oQ)~'uo CD'<::rC/l~'-'= :J~u, ~~ ~, -"CD:J o~mCD"OQ)-'CD . CDOC'"CD<CD Co'm "'Ol -cc o X0 o_Q)__~00 Q)-m:J~(J) ::rCD~= ~3 COl <3-- :J::r':J C.O"'O 0 ""0. (IJ-'O mX;:;"CC n:J ~o~3 ~CD;O~~gO ~~~og~ (I)~o5 ~~ -~ O~~~ 0l3mOg0CD; ~(Q~~eg ~~~5 ~~ ~a =--0- "2.mcrgmUc..3 m3 ~,(D _:JO). 0)> 01-' ~iCDi ~3a~O~SCD ~m8~~Q mg~~?:J ~g CD:J:T< . cr OltC 0 !l:J O_:J:J=CC (I)""'Q)- -10 ii)en ~O~CD ~~"OQ)~'C:~ m~g~'<Q) -Q=~ O~ cr> ~i@cr ;~~~N'~~~ ~~C:O--lQ~ ~Q)g~ !-m ~= oJ CD -. "< (I) 0 _ ..., '0 OJ - en ~ 0 ,<COm "'O-'_Q)~::rO oo-c::r..,...... ID-< 0- Q~ CD:J :JO=~Q)'" <...,C/lCD-.- OCD<O _~ m< Q) -. ~"'g@-e ~3 o3g ~~~.., ro~ 3~ "'::J gacr~ ~ ~o tC~o m-::r ~~ ~ a CD ~ CD ~-<..., a."'"' :5' ~ I cc Qci -c 9:cr -Ie ~CD 0-0 ~g- :;I~~~ CDm OJmCDo ~ ~, ~ - ~ ~~m~ o ~3 0 0 ~ CD~~I * 3~ ~ ~ ~ >CD~~ CD ~ ; ~:J ;;. 5.. ::E OJ CD e: 5- CD ~ ~ c ~~ ~; / en "'II Z Z Z Z Z ~~ g g g g g c=3 <D CD <D CD <D;=m c. Z Z Z Z Z_ o 0 0 0 O:J - - - - - 00 ~ Q) Q) Q) Q) co fr fr ~ ~ fr ~m ..., , ..., " CD en m ~ m m m CI ~ ~ ~ ~ ~ =g: ~ ~ ~ ~ ~ ~en -. -. -. -. -. CD CD :J :J :J :J:J (fj::::a o 0 0 OO"Ol ~ a ~ ~ ~ ~~ ...) OJ ~ :::I () C. ::T - , Q) "tJ ~ ctl cO OJ CD :J CD '< cn Z ~~ ~= o '" :; _lC :J ~ ;:0: CD ~ CD ffi ~~ffi ffi 00 N ~roN - o~ ~ 3:;~ 0 ~ =~ 9 ;:0: 9 9 9 ,<CD o (I) 0 0 0 CD 0-000 I 07/06/2001 14:29 LRW OFFICE 2140 4TH RVE ~ 7558923 NO. 776 GJ02 .......,. OrnCES OF William G. Hawkins and Associates 2140 FOUR1ll AVENUE Normt ugal AHlstan/J' ANOKA. MINNESOTA 55303 WILLIAM G. HAWKINS KAREN A. OUIMI,r PliOl\'E (753) 427.8877 BARRV A. SULLIVAN HOLLY C, PROVO F...x (763) 421.4213 T AMMI 1. UVtCtS E-M,"L HAwKLAwl@aoLcom July 6, 2001 Vicki Volk City Clerk City of Andover '685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Regulation of State License Gambling Dear Vicki: When we spoke yesterday, you raised several questions regarding the I authority of the City to regulate state licensed gambling. The purpose of this letter is to address those questions. I understand this issue may be reviewed by the City Council on Tuesday evening. Generally. A municipality does not license gambling. Gambling operations are licensed and regulated by the State Gambling Control Board. However, the Board will not issue a license unless the City Council adopts a resolution approving the premise permit application. In acting upon the premise permit application, the City is bound by general legal principals, i.e., the City may not act arbitrarily or capriciously. The gambling statutes make clear that a municipality may prohibit lawful gambling completely (this does not include the lottery). Minn. Stat. ~ 349,213, Subd. 1 (a) (2000), That statute also makes clear that the City has the .....authority to adopt more stringent regulation of lawful gambling within its jurisdiction... D Consequently, the City can adopt reasonable time, place and manner restrictions provided they are more stringent than the state regulations. This might include limiting gambling to certain hours or to certain days. This might also include prohibiting gambling in liquor establishments. , I ) JUL 06 2001 14:38 763 421 4213 PAGE. 02 07/06/2001 14:2" LRW OFFICE 2140 4TH RVE ~ 7558823 NO. 776 [;103 Vicki Volk July 6, 2001 , Page 2 ) The state statutes do limit the fees and taxes that a CiW may impose on gambling and the authority of the City to control revenues. These issues will be discussed below. The specific questions you have raised are as follows: 1. Can the City by ordinance prohibit the paddle wheel game? Yes. Minn. Stat. ~349.213, Subd. 1 Ie) (2000). 2, Maya municipality by ordinance require an organization ro post notices describing some of the applicable rules? Yes. This would be the type of regulation that a municipality may adopt as a "more stringent regulation" and is a reasonable time, place and manner regulation. 3. Maya municipality by ordinance designate that a percentage of profits from the operation remain within the City? This is a four part answer. First, a municipality may by ordinance require organizations to contribute up to ten percent of net profits to a fund administered and regulated by the City for disbursement by the City for lawful purposes. Minn. Stat. ~349.213, Subd. 1 (a) (2000). Note that the payment must be made to a general municipal fund and not to a particular department or agency. The fund must be administered without cost to the fund with the funds disbursed by the , municipality generally for any lawful purpose or any public safety related purpose, with some exceptions. Second, a municipality may impose a local gambling tax. Minn. Stat. ~349.213, Subd. 3 (2000). The tax may only raise such revenues as are necessary to cover the cost to the City in regulating lawful gambling. The tax proceeds cannot be used for other purposes. The tax cannot exceed three percent of the gross proceeds (minus awarded prizes). If this tax is imposed, the local investigation fee may not also be imposed. Before imposing this tax, the City should undertake a cost study and determine the amount of necessary costs incurred by the City to regulate lawful gambling. , , I JUL 06 2001 14:38 763 421 4213 PAGE. 03 07/06/2001 14:2'3 LRW OFFICE 2140 4TH RUE ~ 7558'323 NO. 776 (;104 Vicki Volk July 6, 2001 Page 3 Third, the statute authorizes a municipality to require an organization to make "specific expenditures" of not more than ten percent of its net profits. Minn. Stat. ~349.213, Subd. 1(a) (2000). The statute does not define the term "specific expenditures" nor specify whom the City could designate to receive these funds. A municipal requirement that gambling operations donate up to ten percent of their net profits to some specific cause or organization is of questionable legality. Some cities provide that the ten percent "specific expenditures" be expended directly within the city. Fourth, a municipality by ordinance may require gambling organizations to ".. .expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the City's ..,trade area." Minn. Stat. ~349,213, Subd. 1 (b) (2000). If a muniCipality adopts a "trade area" expenditure ordinance, the ordinance (1) must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at the premises within the City's jurisdiction; (2) must define the City's trade area; and (3) must specify the percentage of lawful purpose expenditures which must be expended within the trade area. The definition of trade area must include each city and township contiguous to the city. With the above points in mind, the City may not otherwise require the operation to expend profits within the City itself. 4. May the City by ordinance limit the amount of rent a gambling operation pays to the amount of the maximum booth lease as established by state law? Minn. Stat. 9349.1 B, Subd. 1 (a) (2000) provides that the Gambling Control Board may prescribe by rule limits on the amount of rent a gambling organization can pay to a lessor provided "...that no rule of the board may prescribe a limit of less than $1,000 per month on rent paid for premises used for lawful gambling.... " The Control Board has adopted a rule regarding the amount of rent an organization may pay. Minnesota Rule 7861.0060, Subp. 2.B., provides: "Restrictions for gambling on leased premises. The following items are restrictions for gambling on leased premises: ... Q, The amount of rent an organization may pay for the conduct of ; lawful gambling may not exceed: JUL 06 2001 14:38 763 421 4213 PAGE. 04 07/06/2001 14:29 LRW OFFICE 2140 4TH RVE ~ 7558923 NO. 776 (;105 Vicki Volk July 6, 2001 Page 4 (1) $1,000 per month for all forms of lawful gambling other than bingo; ... (3) An organization may not use nongambling funds to directly or indirectly supplement rent above the amounts provided in this subpart. " There is nothing in the statue that prevents a municipality from adopting an ordinance which says, in effect, that the gambling organization shall not pay to a lessor funds other than those specified in the lease. This would be another example of a local ordinance being "more stringent" than the state statute. The ordinance might provide: "Leases to an organization for lawful gambling shall have a monthly rental payment as outlined in Minn. Stat. ~349. 18, Subd. 1 and Minnesota Rules 7861.0060. Said monthly rent payments shall include heat. electricity, utilities and janitorial services." \ I trust this answers the questions which you have raised. If you wish to discuss the matter further, please feel free to call. , I I i BAS/hgp cc: John Erar I i I i I I I , ) JUL 06 2001 14: 38 763 421 4213 PRGE.05 (!Cl L(. /'/ / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, ? ANDOVER, MINNESOTA 55304 ? (763) 755-5100 FAX (763) 755-8923 ? WWW,CLANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administratof~ FROM: Vicki V olk, City Clerk SUBJECT: Transient Merchant Ordinance DATE: July 10,2001 INTRODUCTION , At the June 18th Council meeting, Council requested that staff research the transient merchant I Issue. DISCUSSION The City Attorney's office has drafted a new ordinance dealing with transient merchants, peddlers, canvassers and solicitors. One of the major changes in the ordinance is the license for Transient Merchants. They would only be allowed to have a 7 day license every thirty days. Peddlers would be limited to a 30 day renewable permit. Attached is a copy of the proposed ordinance. In checking with other cities, fees for transient merchants are as follows: Ham Lake - $25.00/six months Ramsey - $lOO.OO/one year Coon Rapids - $1O.00/one day; $30.00/one week; $60.00/one month; $300.00/6 months. At the present time, our fee is $50.00 for a six-month license, Council will need to determine what the appropriate fee should be and if it should be different for peddlers and transient merchants, / / The procedure for a person requesting a permit is a) applicant completes permit form; b) applicant pays $50.00 fee; c) application is forwarded to the sheriff's office for their investigation; d) if applicant has no outstanding warrants or has not been convicted of a felony the permit is issued. This process usually takes no more than three days, RECOMMENDA nON Staff recommends that council adopt the proposed ordinance along with a resolution setting fees for transient merchants and peddlers. Staff recommends a fee of $25,00 for Transient Merchants and $50,00 for Peddlers. Respectfully submitted, eLL' d~ Vicki V olk City Clerk / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. An Ordinanee repealing Ordinance Ne. 79 adopted April 17 , 1987 and Ordinance Na. 79A adopted October 16, 1990. An Ordinance repealing Ordinance 250 adopted February 16. 1999. AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. , / Subd, A. Definitions Canvasser or Solicitor A is-any person who goes tra'veling from place to plaee and/or house to house. door-to-door. business-to business. street-to-street. or any other type of place- to-place for the purpose of obtaining or attempting to obtain orders for goods. wares. products. merchandise. other personal property or services of which he or she may be canying or transporting samples or that may be described in a catalog or by other means. and for which delivery or performance shall occur at a later timc, ',vho takes orders f-or the future delivery of merchandise or for services to be performed in the future, .",~ether or not such person exposes a sample or collects advance payments on sueh sales; pro'vided, howc'lcr, that such defmitions shall also inclt1de any person ..ho occupies any temporary strucrore vehicle or other place for thc prim!li) purpose of exhibiting saffiJllcs and taking orders for future delivery. Peddler A is-any person who goes from house-to-house. door-to- door. business-to-business. street-to-street or any other type oftrayeling from place to plaee for the purpose of offering for sale. displaying or exposing for sale. selling or attempting to sell. and delivery immediately upon sale. the goods. wares. products. / merchandise or other personal property that the person is canying or otherwise transporting. and/or house to house who carries merchandise, offering and exposing the 1 , , same: for sale, 8fia making deliverics ta pl:lfeha3crs, or allY pcrSOll who, without tffive:1ing / from place to placc, shall sell or offcr mcreft8fiaise for salc from a ..chide: or COll'v'cY8fiec. TemTJorary Retail Food Establishment is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. Transient Merchant is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purposes uses or occupies any structure, vehiele, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Ordinance merely by reason oftemporarily associating with or conducting such transient business in connection with a local business person. Person, Means any natural individual. group. organization. corporation. partnership or association. As applied to groups. organizations. corporations. partnerships or associations. the term shall include each member. officer. partner. associate. agent or employee, Subd. B. Exception to Definitions 4) For the purpose of the requirements for this ordinance. the terms peddler. solicitor and transient merchant shall not apply to any person selling or attempting to sell at wholesale any goods. wares. products. merchandise or other personal property to a retailer ofthe items being sold by the wholesaler, The terms shall also not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk. nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. / (B) In addition. persons conducting the type of sales commonly known as garage sales. or rummage sales. or estate sales as well as those persons 2 participating in an organized multi-person bazaar or flea market. shall be exempt from the definition of peddler. solicitor. and transient merchant. as shall anyone conducting an auction as a properly licensed auctioneer. or any officer of the court conducting a court ordered sale. Exemptions from the definitions for the scope of this ordinance shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Section 2. License Required. A license shall be required for any canvasser, peddler, temporary retail food establishment, or transient merchant or solicitor to operate in the City. The license period shall be as stated herein. six (6) months, ',vith the: exeeption of temporary outdoor food beverage promotions and sale3. Subd. B. Licenses and registrations required by this Ordinance may be denied for any of the following reasons: j 4) The applicant. or anyone whose activity would be covered by the license or registration. has been convicted ofa felony. gross misdemeanor or any crime of theft. fraud. or issuance of a worthless check. 5) The applicant has furnished false information in the application. 6) The applicant has previously conducted activities covered by this ordinance in the City of Andover without a required license or registration, 7) The applicant has previously engaged in activities in violation ofthis ordinance. Subd, C, Transient Merchant Seven Day License. Transient merchants shall first apply for and obtain a transient merchant seven day license pursuant to Section 6 of this ordinance and as set forth herein. All transient merchant seven day licenses are subiect to the following: 1) Licenses are valid for a period of seven (7) days. 2) No applicant shall be issued more than one license during any thirty (30) day period, 3) No license shall be issued unless the application is accompanied by a written consent to the activities signed by the owner of the property upon which the / business activity is to be conducted, 3 j 4) Transient merchant seven day licenses shall not be issued for activities to occur in any ofthe following zoning districts: all residential districts. 5) No transient merchant shall conduct activities in such a manner to impede. interfere or otherwise obstruct motor vehicle and/or pedestrian traffic. 6) All transient merchants shall immediately remove all materials and debris from the activity location. Subd. D, Peddler thirty (30) day license, Peddlers shall first apply for and obtain a peddlers thirty (30) day license pursuant to Section 6 ofthis ordinance and as set forth herein, All peddler thirty (30) day licenses are subiect to the following: 1) Licenses are valid for a period of thirty (30) days. 2) No peddlers shall conduct activities in such a manner to impede. interfere or otherwise obstruct motor vehicle and/or pedestrian traffic and safety, Section 3. Outdoor Food & Beverage Promotion & Sales. An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City of Andover. The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. I A sketch be provided which details where said outdoor food and beverage promotion shall be located on the property, indicating lot boundary lines, building locations, setbacks and traffic patterns for both pedestrians and vehicles. Additional information may be required if sufficient documentation is not provided. A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such license be provided to the City at the time said application is completed. Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. The hours of operation shall be between 7 :00 a,m. and 11 :00 p.m. and shall be mentioned in the license application. A new license shall be applied for and received for each event, subject to fees as set by City Council Resolution. Section 4. Exclusions. J No person shall be required to obtain a license in the following instances: 4 / 1) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door-to-door delivery of newspapers. 4) The selling of goods to retail or wholesale stores or to professional or industrial establishments. 5) The conduct of garage sales or rummage sales. 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fund-raisers. Section 5. Religious & Charitable Organizations. , Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or fmancial assistance of any kind or desiring to sell or distribute any item ofliterature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a swom application in writing on a form furnished by the City is filed which shall include the following information: 1) Name and purpose ofthe cause for which the license is sought. 2) Names and addresses of the officers and/or directors of the organization. 3) The period during which the solicitation is to be carried on. 4) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall \. furnish all its members, agents or representatives conducting the solicitation credentials / in writing stating the name of the organization, name of agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or 5 / representatives during the actual solicitation and be presented to anyone requesting to see same. Section 6. Applicatio nlRegistrationIProcedure In addition to such information as the City Clerk may require, the application shall also include: 1) Name and description of the, applicant. 2) Permanent home address and full address of the applicant. 3) A brief written description of the nature of the business, other goods to be sold, and the applicant's method of operation. 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. S) The length of time which the applicant intends to do business in the City, with / the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature of the offense and the punishment or penalty assessed therefor. 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. , 10) A statement ofthe nature, character, and quality of the goods or merchandise to / be sold or offered for sale by applicant, the invoice value and quality of such goods and merchandise, whether the same are proposed to be sold from stock in 6 , , / possession or by sample, at auction, by direct sale, or by taking orders for future delivery. 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 7) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Subd. B. Registration, All solicitors. and any person exempt from the licensing requirements of this ordinance. shall be required to register with the city. Registration shall be made on the same form required for license application. but no fee shall be required. Immediately upon completion of the registration form. the City Clerk shall issue to the registrant. a certificate of registration as proof of the registration. Certificates of registration shall be non-transferable. \ Subd, C. Procedure. Upon receipt ofthe completed application and payment of the J license fee. the City Clerk. within two (2) regular business days. must determine ifthe application is complete, An application is determined to be complete only if all required information is provided, If the City Clerk determines that the application is incomplete. the City Clerk must inform the applicant of the required necessary information that is missing. Ifthe application is complete. the City Clerk must order any investigation. including background checks. necessary to verifY the information provided with the application. Within ten (10) regular business days of receiving a complete application. the City Clerk must issue the license unless there exists grounds for denying the license under this ordinance. in which case the City Clerk must deny the license. If the City Clerk denies the license. the applicant shall be notified in writing of the decision. the reason for the denial. and the applicants. right to appeal the denial by requesting. within twenty (20) day of receiving notice ofreiection. a public hearing before the City Council. The City Council shall hear the appeal within twenty (20) days ofthe date of the request. The decision ofthe City Council following a public hearing can be appealed by petitioning the Minnesota Court of Appeals for a Writ of Certiorari. Subd. D, Suspension and Revocation. a. Generally. Any license issued under this section may be suspended or revoked at the discretion ofthe City Council for violation of ay of the following: 7 ~ / 1. fraud. misrepresentation or incorrect statements in the application form: ll. fraud. misrepresentation or false statements made during the course of the licensed activity: llI. conviction of any offense for which granting of a license could have been denied. IV. Violation of any provision ofthis chapter, b. Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as the suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. c. Notice, Prior to revoking or suspending any license issued under this chapter. the City shall provide the license holder with written notice ofthe alleged violations and inform the licensee of his or her right to \ a hearing on the alleged violation. Notice shall be delivered in I person or by mail to the address listed on the license application, d. Public Hearing, Upon receiving the notice provided in Section C. the licensee shall have the right to request a public hearing, Ifno request for a hearing is received by the City Clerk within ten (10) regular business days following the service of the notice. the City may proceed with a suspension or revocation. For the purpose of mailed notices. service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame. a hearing shall be scheduled within twenty (20) days from the date ofthe request. Within three (3) regular business days of the hearing. the City Council shall notify the licensee of its decision. e. Emergency. If. in the discretion of the City Council. imminent harm to the health or safety to the public may occur because of the actions of a peddler or transient merchant license under this ordinance. the City Council may immediately suspend the person's license and provide notice ofthe right to hold a subsequent public hearing as prescribed in this Ordinance. f. Appeals. Any person whose license is suspended or revoked under this action shall have the right to appeal that decision in Court. 8 \ , Section 7. Prohibited Practices. No person under this Ordinance shall: 1) Sell or solicit before the hour of9:00 a.m. or after 9:00 p.m., unless a previous appointment has been made. 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of one-half (l/2") inch high. 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. 5) Occupy for purpose of advertising and/or conducting business in any area I without the written consent of the property owner. 6) Engage in any activity without a required license or registration. Section 8. License Fee. Fees for license shall be as set from time to time by City Council Resolution. Section 9. Penalties. Whoever does any act forbidden by this Ordinance or omits or fails to do any act required by this Ordinance shall be guilty of a misdemeanor and subject to all penalties provided for under State law. Adopted by the City Council of the City of Andover on this 16th day of Februaty, 1999. CITY OF ANDOVER , 9 \ , Michael R. Gamache - Mayor ATTEST: Victoria Volk, City Clerk \ / ) 10