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2013.02.19 Work Session PacketCRYSTAL CITY COUNCIL WORK SESSION AGENDA Tuesday, February 19, 2013 To immediately follow the Special EDA Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at p.m. on Tuesday, February 19, 2013 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Hoffmann Libby Peak Selton Adams Budziszewski Deshler Staff Norris Norton Revering Peters Hansen Mathisen Serres II. Agenda The purpose of the work session is to discuss the following agenda items: • Preliminary 2012 financial results and possible 2012 budget amendments • Property maintenance code update • Status of liquor license holder financial responsibility • Current city code provisions — gun control III. Adjournment The work session adjourned at p.m. C- DATE: Memorandum AL February 13, 2013 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director SUBJECT: Discussion of Preliminary 2012 Financial Results and Possible 2012 Budget Amendments. BACKGROUND: A preliminary year-end 2012 financial report for the General Fund is included as Attachment A. Some additional year-end entries still need to be made and the audit hasn't yet been started. We don't expect significant changes between the attached results and the final audited statements. The original adopted 2012 General Fund budget was balanced with revenues and expenditures of $12,150,040. It was amended once to reinstate operations of the pool concessions stand. This added $18,500 to budgeted revenues and $16,200 to budgeted expenditures. PRELIMINARY RESULTS: General Fund General Fund revenues for 2012 totaled $12,382,501 which is $213,961 more than the budget. The specifics of the differences between budgeted and actual revenues are discussed in Attachment C. General Fund expenditures for 2012 totaled $11,879,807 which is $286,433 less than the budget. The specifics of the differences between budgeted and actual expenditures are discussed in Attachment D. The bulk of the difference is related to employee turnover which results in (1) vacancies during which no wages or benefits are paid and (2) new employees are typically at a lower rate of pay. The amended General Fund budget had a $2,300 surplus which with the revenue and expenditure variances adds up to a surplus of $502,694 for the year 2012. The City Council has several options. One is to allow the surplus to be added to the fund balance. This may not be desirable since the fund balance is already in excess of the amount required by the Adequate General Fund Balance Formula. A preliminary calculation of the formula as of December 31, 2012 is provided as Attachment B. It shows the fund balance in excess of formula requirements increasing by $511,111 from $1,118,978 on 12/31/2011 to $1,630,089 on 12/31/2012. The increase in the fund balance is different from the increase in the excess of the amount required by the Adequate General Fund Balance Formula due to additional factors in the Adequate General Fund Balance Formula. It is not to the City's advantage to show excess fund balance to state officials reviewing city finances and forming opinions on need for aid to cities. There also are legitimate needs for additional transfers to some of the City's capital funds. A transfer to the Major Building Replacement Fund could be made. It has a fund balance of $9,708,963 as of December 31, 2012. Discussions of possible remodeling/replacement of the Public Works Facility are currently underway. Some of the replacement schemes have cost estimates ranging up to $11,000,000. A transfer to this fund could hold down the size of a bond sale or minimize the depletion of the fund balance. If a substantially less expensive plan is adopted, the City Council can always transfer this money from the Major Building Replacement Fund to meet some other need in the future. Alternatively, a transfer to the Street Reconstruction Fund could be made. Projected cash deficits in this fund and the Storm Drainage Fund will probably force a delay in construction of Phase 16 streets from the year 2017 to 2018. The amount available to transfer from the General Fund this year wouldn't be enough by itself to forestall the delay in Phase 16. A transfer of $505,000 is needed if the General Fund's fund balance is to be prevented from growing. I recommend transferring $600,000 so that we gradually reduce the fund balance to an amount closer to that called for by the Adequate General Fund Balance Formula. General Fund Future Expectations In each of the last four years, General Fund revenues have ended up being $175,000 to $320,000 higher than the budget for the year. A person might conclude that we can expect this to continue. However, we expect that surpluses on the revenue side of the budget will be smaller or that revenues may only equal the budget. For several of the specific revenues that have produced past surpluses, the 2013 budget increases that revenue to equal or exceed actual past revenues. It is unlikely that these specific revenues will post further increases to exceed the 2013 budget. The following table highlights the trend: Permits 2009 2010 Budget 245,700 280,400 Actual 278,219 306,944 Surplus 32,519 26,544 2011 2012 2013 320,000 307,578 -12,422 232,100 291,360 59,260 290,500 Housing inspections 2009 2010 2011 2012 2013 Budget 157,000 213,000 203,000 210,000 276,000 Actual 212,930 244,539 251,711 249,104 Surplus 55,930 31,539 48,711 39,104 Public Safety Charges Budget 84,550 74,400 51,140 48,100 74,080 Actual 40,829 55,072 65,431 82,204 Surplus -43,721 -19,328 14,291 34,104 Court Fines Budget 165,000 240,000 240,000 240,000 290,000 Actual 248,700 240,840 280,819 292,118 Surplus 83,700 840 40,819 52,118 TIF Housing District #1, Bass Lake Road/Becker Park Redevelopment This fund was closed as of December 31, 2012 and remaining assets were transferred to the EDA fund as authorized by Resolution 2012-100. The budget needs to be amended to add the transfer of $1,340,274 to the EDA. Also, in an effort to expend district money so the district could be closed, payments for the home improvement rebate program were continued beyond the budgeted amount. It had been planned to begin making those payments from Housing Replacement District #1. Some other expenditures were under budget. The budget needs to be amended to add $75,000 to appropriations, which will be shown in the home improvement rebate program. TIF Housing District #2, Anthony Shopping Center Tax increment collections were $2,850 over budget. This caused payments on the pay-as-you-go development notes to be $1,894 over budget. Also the owner of one of the pay-as-you-go notes wanted to change the legal name on the note. This resulted in $850 of legal expense that was reimbursed by the owner of the note. Other expenditures were over budget by minor amounts, so a total of $3,200 needs to be added to appropriations. City Initiatives Fund The City Initiatives expenditures are over budget by $8,535, mostly in the areas of park programs and canine unit expenses. Revenues were over budget by $23,553, due to donations for the Police canine unit. Police Equipment Revolving Fund (PERF) Expenditures are over budget by $15,791 due to putting two cars purchased in 2011 into service in 2012. Revenues from the sale of vehicles were also over budget due to the sale of vehicles in 2012 that were expected to be sold in 2011. Offsetting increases of $16,000 can be made to budgeted revenues and expenditures. CONCLUSION: The City Council should discuss these proposed budget changes. If they are acceptable, a resolution will be prepared for consideration at the March 5, 2013 regular City Council meeting. A summary of the proposed budget amendments is as follows: General Fund Expenditures City Council - contingency account -$28,000 Human Resources — professional services 14,100 Legal 12,600 Planning & Code Enforcement - printing -600 Building Inspections — contractual services 20,800 Housing Inspections —regular wages -20,200 Engineering — part-time wages 5,900 Streets Maintenance - supplies -5,900 Community Center — contractual service 1,300 Total Net Changes - Expenditures $0 Transfer to Major Building Replacement Fund To be determined Bass Lake Road/Becker ParkTIF District #1 Home Improvement Rebate Program $75,000 Transfer to the EDA Fund 1,340,274 Total Net Changes - Expenditures $1,415,274 Anthony Shopping CenterTIF District #2 Legal services $826 Principal & interest on pay-as-you-go note 1,894 Transfer to the EDA Fund 480 Total Net Changes - Expenditures $3,200 Economic Development Authority Transfers from Bass Lake Road/Becker Park TIF $1,340,274 Total Net Changes - Revenues $1,340,274 City Initiatives Fund Donations — Canine unit $8,600 Total Net Changes - Revenues $8,600 Law Enforcement program expenditures $8,600 Total Net Changes - Expenditures $8,600 Police Equipment Revolving Fund Sale of vehicles $16,000 Total Net Changes - Revenues $16,000 Capital outlays - vehicles $16,000 Total Net Changes - Expenditures $16,000 Attachment A CITY OF CRYSTAL General Fund Preliminary Year End Report 2011 2012 2012 Over/ -Under Over/Under Final Amended Preliminary 2012 Budget 2012 Budget DESCRIPTION Amount Budget Year End Amount Percent REVENUES 100,717 164,283 127,904 -36,379 -22.1% Property Taxes 7,821,015 8,258,049 8,137,698 -120,351 -1.5% Delinquent Tax & Penalty 124,432 9,000 147,084 138,084 1534.3% Special Assess. 223,163 186,000 279,813 93,813 50.4% Licenses 115,404 115,280 129,698 14,418 12.5% Permits 307,578 232,100 291,360 59,260 25.5% Inspections 251,711 210,000 249,104 39,104 18.6% Federal Grants 17,647 18,000 9,697 -8,303 -46.1% State Grants 1,858,923 1,737,443 1,741,280 3,837 0.2% County Grants 8,533 203,863 4,000 4,000 #DIV/0! Gen Govt Charges 162,108 93,518 109,455 15,937 17.0% Recreation Charges 204,156 190,250 200,573 10,323 5.4% Comm. Ctr. Charges 81,477 90,150 87,516 -2,634 -2.9% Pool Charges 151,626 182,600 175,170 -7,430 -4.1% Public Safety Charges 65,431 48,100 82,204 34,104 70.9% Fines & Forfiets 292,855 248,000 308,815 60,815 24.5% Administrative Fines 41,170 120,000 -16,852 -136,852 -114.0% Investments 152,459 88,000 77,371 -10,629 -12.1% Miscellaneous 79,048 63,215 89,680 26,465 41.9% Interfund Services 294,594 278,835 278,835 0 0.0% TOTAL REVENUES 12,253,330 12,168,540 12,382,501 213,961 1.8% EXPENDITURES Mayor & Council 100,717 164,283 127,904 -36,379 -22.1% Administration 842,314 897,705 867,451 -30,254 -3.4% Human Resources 52,931 61,861 75,922 14,061 22.7% Assessing 196,458 212,400 202,410 -9,990 -4.7% Legal 92,702 80,000 92,509 12,509 15.6% Elections 3,620 43,380 43,217 -163 -0.4% Finance 443,182 447,679 443,633 -4,046 -0.9% Police 4,312,990 4,464,197 4,398,859 -65,338 -1.5% Fire 991,862 964,835 964,835 0 0.0% Planning 196,854 203,863 198,212 -5,651 -2.8% Building Inspection 225,676 223,992 244,714 20,722 9.3% Housing Inspection 168,662 171,255 151,036 -20,219 -11.8% Environmental Health 33,829 28,023 26,890 -1,133 -4.0% Engineering 319,555 322,462 328,308 5,846 1.8% Street Maintenance 780,488 810,288 754,417 -55,871 -6.9% Park Maintenance 651,454 689,597 654,080 -35,517 -5.2% Forestry 149,482 156,458 134,600 -21,858 -14.0% City Buildings 160,234 170,916 165,616 -5,300 -3.1% Recreation 618,923 618,764 602,620 -16,144 -2.6% Community Center 337,284 344,908 346,206 1,298 0.4% Waterslide / Pool 184,925 246,674 213,668 -33,006 -13.4% Operating Transfers 1,487,800 842,700 842,700 0 0.0% TOTAL EXPENDITURES 12,351,942 12,166,240 11,879,807 -286,433 -2.4% DIFFERENCE -98,612 2,300 502,694 500,394 City of Crystal Adequate General Fund Balance Formula Preliminary Fund Balance as of Decemer 31, 2012 Total fund balance as of: Less amounts designated for specific purposes: Non -spendable fund balance (deposits payable) Restricted fund balance Designated/Committed for compensated absences Assigned fund balance Working capital: Next year's General Fund budget (45% designated for working capital) Fund balance required by policy Fund balance in excess (short) of formula requirements Amount available for transferring in current year Transfers in current year 12/31/2011 Fund Balance/ 2012 Budget Attachment B Preliminary 12/31/2012 Fund Balance/ 2013 Budget $7,514,970 $8,017,664 58;673 0 869,801 0 9,761 0 882,942 0 12,150,040 12,210,827 5,467,518 5,494,872 $6,395,992 1,118,978 1,118, 978 $6,387,575 1,630,089 1,630,089 Remaining amount available in current year $1,118,978 $1,630,089 Attachment C General Fund Revenues Property Taxes: Only $120,351 of the 2012 current tax levy was not collected in 2012. This is a 98.54% collection rate which is reasonably good. Most if not all of the 2012 delinquent taxes will be collected in future years. Collection of delinquent taxes amounted to $115,641 in 2012. These were taxes that were due, but not paid in 2011 and prior years: We don't budget for delinquent taxes because that would be double counting since we budget for the entire tax levy in the year it is levied. Penalties and interest on delinquent taxes totaled $31,443 which was substantially higher than in prior years and higher than the $9,000 budgeted for 2012. Special Assessments: These are the collection of tree & weed charges, vacant building registration fees and administrative citations that were levied in prior years. Both the amount of new charges in each year and the collection of special assessments vary from year to year and are difficult to predict. Special assessment collections were over budget by $93,813 in 2012. A big part of this was collection of delinquent assessments from prior years. The outstanding balance of delinquent assessments fell from $95,000 on 12/31/2011 to $45,000 on 12/31/2012. Permits: These revenues were over budget by $59,260 due to a higher than anticipated level of building and remodeling activity. Inspections: These revenues were over budget by $39,104 due to continued high volumes of vacant building registrations and rental housing licenses. The number of vacant buildings appears to be starting to decline and this revenue will decline. General Government Charges: These were over budget due to collection of $34,149 in electrical inspection fees which weren't budgeted since this service was started on what was thought to be a temporary basis late in 2011. Public Safety Charges: These were over budget by $34,104 due higher than anticipated pawn shop fees and reimbursement for the school resource officer. Fines and Forfeits: Court fines were over budget by $52,118. Administrative Fines: Administrative Citations were a negative number. This is because a large amount of citations receivable as of 12/31/2011 were backed out of revenue in 2012 and certified as special assessments while a much smaller amount of citations were set up as receivables as of 12/31/2012. Attachment D General Fund Expenditures Employee Wages and Benefits Of the $286,433 by which the General Fund under spent its budget, about $216,000 is in the areas of employee wages and benefits. This is caused by both labor contracts and employee turnover. The 2012 budget assumed wage increases of 1.5%. The actual wage increase was 1.0%. Some fringe benefits are a percentage of wages, so savings in wages generates savings on fringe benefits. About $50,000 was saved on wages and fringe benefits spread across all General Fund departments. Employee turnover impacted several departments in that these events usually result in a job being vacant for a period of time before a replacement is hired and because the replacement employee usually starts at a lower wage than the previous employee. The following employee turnovers occurred in 2012: Administration. A Customer Service Representative resigned in mid -year. This vacancy existed for several months and the new hire started at bottom of the wage scale. Savings from the vacancy and the lower starting wages of the new Customer Service Representative amounted to $23,000. Police Department. One police officer vacancy occurred during 2012. The vacancy was filled by the promotion of a community service officer (CSO). Savings from the vacancies and from the lower starting wages of the replacement officer amounted to $11,600. Overtime was $34,000 under budget. Housing Inspections: The Housing Inspector resigned in mid -year. This vacancy existed for several months and the new hire started at bottom of the wage scale. Savings from the vacancy and the lower starting wages of the new Housing Inspector amounted to $22,000. Streets Department: The Public Works crews demolished a number of blighted houses for the EDA during 2012 and were reimbursed for staff time. In the Streets Department, these reimbursements had been budgeted to total $14,000, but actually amounted to $30,971. This provided $16,971 of savings. Parks Department: One park maintenance worker vacancy occurred during 2012. Savings from the vacancy and from the lower starting wages of the replacement worker amounted to $32,700. Attachment D, continued General Fund Expenditures Non -Employee Expenditures The following described the larger budget variances by department. Departments with smaller variances are not described. City Council: The department is under budget by $36,379. This is because the Contingency Account ($28,000) hasn't been used, however it will be needed to cover over -expenditures in some other departments. Also professional services are under budget by $8,321. Administration: The department is under budget by $30,254. Personnel saving of $23,000 are described above. Other accounts net out to a savings of $7,000. Human Resources: The department is over budget by $14,061. Professional services, mostly in the area of labor negotiations, caused the overage. Legal: The department is over budget by $12,509. Police Department: The department is under budget by $65,338. Personnel saving of $45,600 are described above. Repair services and communications provided the rest of the savings. Building Inspection: The department is over budget by $20,722. Electrical inspections were started on a temporary basis during the State shutdown in 2011. Later a decision was made to continue the service, but this was overlooked in the 2012 budget process. Contractual electrical inspection services cost $29,694. There were also additional revenues for electrical inspections that cover the cost. Housing Inspections: The department is under budget by $20,219. Personnel saving of $22,000 are described above. Professional services and vehicle repairs were over budget. Engineering: The department is over budget by $5,846. The seasonal technician was retained longer than originally planned, which explains most of the overage. Other accounts were over by minor amounts. Street Maintenance: The department is under budget by $55,871. The EDA reimburses the Public Works Department for the labor expended on building demolitions and property maintenance. This amount was $17,000 over budget for 2012. The reimbursement reduces the Street Department's personnel expense. Utilities, repairs & supplies were also under budget. Park Maintenance: The department is under budget by $35,517. Personnel saving of $32,700 are described above. Utility charges and supplies were under budget. Attachment D, continued Forestry: The department is under budget by $21,858, entirely in contractual tree removals and weed mowing. City Buildings: The department is under budget by $5,300. Building repairs were over budget while utilities and phone services were under budget. Recreation: The department is under budget by $16,144. Contractual services were used in place of some part-time employees. Savings were realized across a number of supply and service accounts. Community Center: The department is over budget by $1,298. An unscheduled refinishing of the gym floor was done. Waterslide/Swimming Pool: The department is under budget by $33,006. Part-time wages, utilities and supplies were all under budget. Savings were partially cancelled out by pool revenues being under budget by $7,430. CITY�o! :CRYSTAL DATE: February 13, 2013 Memorandum TO: Mayor and City Council FROM: Patrick A. Peters, Community Development Directorpe/f SUBJECT: Property Maintenance Code overview Staff members from the Community Development Department will be present at the City Council work session on February 19 to provide the Council with an overview of the city's Property Maintenance Code and various aspects related to its administration. Items to be covered in the discussion include: A brief history of the code - its origin and subsequent amendments - What the code regulates The Housing Maintenance Compliance Inspection Common violations and required corrections The rental licensing process The financial responsibility requirement Circumstances under which properties may be posted Attached please find the following background information: - Crystal's Housing Action Plan, which reflects the City Council's adopted housing goals and policies - Overview of Crystal's Property Maintenance Code - Excerpt from City Code pertaining to financial responsibility - Sample postings for unlawful rental property and hazardous property Page 1 of 1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 53 1 -1000 • Fax: (763) 531-1188 • www.ci.crystal.mn.us Metropolitan Livable Communities Act Housing Action Plan June 23, 2011 Like all cities, Crystal has very limited power to effect change in a market that is largely driven by regional and national economic and demographic trends far beyond the city's control. For this reason, the city does not attempt to forecast market demand for specific types or styles of housing. Instead, the city has adopted goals and policies designed to preserve the bulk of the city's existing, relatively affordable, single family housing while encouraging development of additional housing to meet needs not addressed by the city's existing housing. The city has three land use classifications for residential development: • Low Density Residential. Up to 5 units per acre. (For new development, the average density is assumed to be 4 units per acre.) • Medium Density Residential. Up to 12 units per acre. (For new development, the average density is assumed to be 10 units per acre.) • High Density Residential. Up to 22 units per acre. (For new development, the average density is assumed to be 20 units per acre.) GOALS 1. Preserve most of the city's existing single family detached houses. 75% of the city's housing units are detached single family houses, and these are relatively affordable when compared to houses in other suburbs in the Twin Cities metropolitan region. The vast majority of the city's existing houses will remain, so preservation is critically important. Preservation activities may include not only repairs and maintenance but also major renovations and additions that significantly transform and update an existing house. PAGE 1 OF 3 Deferred Home Improvement Loans for low income households. (Current ongoing program - In 2010, $116,576 was spent and another $55,222 committed to projects; five projects were completed and three projects were started; and at the end of the year, three properties were on the waiting list.) Use available increment from existing TIF districts to provide additional funding for affordable housing activities, mainly preservation of existing houses. (New programs currently under development for implementation after 2011.) 4. Acquire blighted, structurally substandard and functionally obsolete residential property for demolition and replacement with new, move -up houses in accordance with EDA budget parameters, market conditions and other factors. (Current ongoing program — in 2010, eight vacant, foreclosed, blighted houses were acquired for demolition, and 13 lots were sold for construction of new houses.) 5. Work with developers to incorporate the construction of new housing consistent with the city's housing goals into redevelopment projects as appropriate for the physical setting of the redevelopment site. Through this policy, the city intends to achieve its goal for development of at least 87 new affordable units which would likely consist of high density housing for senior citizens of low or moderate incomes. It is likely that such development would occur in one or more of the 23 potential redevelopment areas identified in the Redevelopment chapter of the Comprehensive Plan (Chapter H). Based on an assumed average density of 20 units/acre, the affordable housing need could be accommodated on just one or two of these 23 potential redevelopment sites. The city will continue to work with developers to find appropriate sites for such housing as market conditions dictate. 6. Promote Crystal's location advantage as a first ring suburban community, including its relative proximity to employment concentrations, activity centers and regional attractions, in light of likely increases in motor fuel prices and roadway congestion. 7. The city does not operate any other housing assistance programs (for example, Section 8) and does not intend to do so. However, its residents may be eligible for such programs operated by other agencies and units of government. 8. The city does not own or operate any housing facilities, and does not intend to do so. However, the city may work with other agencies, units of government or private sector developers (for-profit and non-profit) to renovate or construct housing facilities. AUTHORITY The city's housing -related activities are conducted by its Economic Development Authority which exercises the authority of a Housing and Redevelopment Authority. PAGE OF Overview of Crystal's Property Maintenance Code The City of Crystal adopted its first Housing Maintenance Code in 1991, and it became effective in January, 1992. The code provided for the licensing of all rental units in the city and the inspection and certification of all one- and two-family homes prior to their sale. The code also established minimum standards for the maintenance of all residential properties in the city. In April 2006, the city hosted a City -Wide Housing Conference to evaluate its housing policies, initiatives and ordinances, particularly the effectiveness of the Housing Maintenance Code. Input received at the conference on how best to maintain healthy residential neighborhoods informed the process undertaken the City Council to update the code in order to enhance the city's inspection and licensing efforts, strengthen property maintenance requirements for all properties in Crystal, address community concerns regarding conduct at rental properties, and clarify administrative procedures. The outcome of that effort resulted in replacing the Housing Maintenance Code in 2007 with the Property Maintenance Code, which incorporates the International Property Maintenance Code (IPMC) by reference. The current code extends property maintenance provisions to commercial and industrial properties, as well. Such codes provide the city with a way to: • Protect the character and stability of structures within the city; • Correct and prevent property conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of occupants of buildings; • Prevent the overcrowding of dwellings; • Provide minimum standards for the maintenance of existing residential buildings and thus prevent substandard housing and blight. • Preserve the value of land and buildings throughout the city. The adoption of updated code by the City Council clarifies the City's expectations to property owners in the areas of providing safe, structurally sound, and well-maintained facilities for all buildings in the City of Crystal. Property Inspections Under the Property Maintenance Code, the city provides inspections of existing housing in the city. Some of these inspections are routine, while others are in response to concerns or reports of possible violations. Property maintenance inspections consist of the following: • Rental property licensing inspections and rental housing reports of violation • Point of sale inspections • Reports of possible violations Rental Property Inspections and Licensine The City of Crystal requires that all non -owner -occupied properties within the city be licensed annually. This includes apartment complexes, townhomes, condominiums, 4-plexes, tri-plexes, duplexes and single-family dwellings. Part of the Property Maintenance Code includes a systematic inspection program. Standard forms, checklists and certificates are used to provide for consistency and uniformity in licensing and inspection of rental properties. All rental properties are subject to a routine inspection prior to issuance of the license. The inspections are conducted to ensure the housing stock is being maintained and to ensure a safe living environment for the residents of Crystal. Point of Sale Inspections The city requires all one- and two-family residential properties be inspected by city housing inspectors prior to change of ownership. Owners of such properties must secure a Certificate of Housing Maintenance Compliance prior to the time of closing. The certificate will be issued to the seller upon satisfactory completion of any work orders issued as a result of the inspection or to the buyer after completion of a Buyer's Agreement, which obligates the buyer to assume responsibility for the repairs. Reports of Possible Code Violations Property maintenance inspections are conducted based on reports or concerns received from residents in the community or from other city departments. This service is to ensure all structures are being maintained and that all neighborhoods remain livable. Crystal City Code / 1005.29 (Rev. 2011) 1005.29. Financial responsibility; applicability. (Added, Ord. No. 2011-5) a) Prior to the issuance of a license the applicant must file with the city clerk satisfactory evidence of financial responsibility. "Satisfactory evidence of financial responsibility" shall be shown by a certification under oath that the property taxes, public utility bills, and all state and federal taxes or other governmental obligations or claims concerning the business entity applying for the license are current, and that no notice of delinquency or default has been issued, or if any of the financial obligations stated in this subsection are delinquent or in default, that any such delinquency or default is subject to a payment plan or other agreement approved by the applicable governmental entity. "Satisfactory evidence of financial responsibility" as required by this subsection shall in addition be shown by an individual applicant and all individual owners and/or shareholders of the business entity. Operation of a business licensed under this section without having on-going evidence on file with the city of the financial responsibility required by this subsection is grounds for revocation or suspension of the license. (Added, Ord. No. 2011-5) b) This subsection shall apply to all licenses issued by the city except for licenses regulated by Chapter XII of this code which are regulated by that chapter. (Added, Ord. No. 2011-5) 34768v1 DJKCR225-141 cn U O �- �� ° O N .V O a O p APA N LO � a Wd1 LOz w� °�' a kf 0 )ONO U o �U .a .-j > � O W g H O un • )ONO '0 u N O E ,> O cn o 0 ry 0. V,�.,i b Q) 3 00 .dCU4 � ;..4W4 W U O -0 �O � QUA o Q) 03 . CSU a) u •� a r--4 U 14-4 Q Z L- Z s Q N QOO �W N ��Z �N�W Qv = W OC � y IL = O Lo >= mi Z cz cri U.Zow It ~ a N °°qg Cd F WIZ N= L- Q Q S � U Z N LL J j �O�v wv Ln V �� O co co X oo00 Z m LUJ Cd 0 W JW w Q W M CO)0. ' p oC O_ C4z w W X1=,'0 0 w ulQ Uj 0 OCLclW c M Q W V) N ;W')0 GVW o>. OL Z~ �Q a 0 CL �z L) W a z F cn 0.. U y Q �Cl) O � � W y Q = QLLQ L ZO Memorandum CRYSTAL _'XI DATE: February 12, 2013 TO: Mayor and City Council I FROM: Anne Norris, City Manager SUBJECT: Financial Responsibility — Liquor License Holder Last November the Council had a work session discussion about a liquor license holder that was not meeting the financial responsibility requirements of Section 1005.29 of the City Code. Specifically, this license holder had outstanding utility bills and delinquent property taxes. The Council asked staff to communicate the following payment plan to the business owner: - All current and delinquent property taxes must be paid in full by December 31, 2012; - All utility bills must be paid in full no later than March 1, 2013, but a significant payment towards that total must be received by February 1, 2013. An email and letter outlining this payment plan were provided to the business owner on November 9. Email reminders were sent December 31 and February 5. As of February 5, 1 communicated the following status to the business owner: Utilities: No payment since June 1, 2012 (a $10,000 payment was made then). On November 30, 2012, $13,905.86 in delinquent utility bills were certified to the County. The current outstanding utility bill is $18,043.43 Property taxes: No recent payments towards property taxes. For 2012, a total of $5,000 was paid in June, 2012. The total amount of property taxes owed (delinquent and current) through February 2013 is $54,523.47. According to the business owner, for the current property taxes owed of $29,523, he plans to pay $2,000 each month through the year to be paid up, plus make payments towards his delinquent taxes from 2012. The business owner is working to develop a payment plan for getting current on the current utility balance. The business owner is working to pay off a loan to free up cash flow that he can use towards utility bills and property taxes. City Attorney Mike Norton, City Clerk Chrissy Serres and I will be at the February 19 work session to answer any questions the Council has. Crystal City Code 1005.29 (Rev. 2011) 1005.29. Financial responsibility; applicability. (Added, Ord. No. 2011-5) a) Prior to the issuance of a license the applicant must file with the city clerk satisfactory evidence of financial responsibility. "Satisfactory evidence of financial responsibility" shall be shown by a certification under oath that the property taxes, public utility bills, and all state and federal taxes or other governmental obligations or claims concerning the business entity applying for the license are current, and that no notice of delinquency or default has been issued, or if any of the financial obligations stated in this subsection are delinquent or in default, that any such delinquency or default is subject to a payment plan or other agreement approved by the applicable governmental entity. "Satisfactory evidence of financial responsibility" as required by this subsection shall in addition be shown by an individual applicant and all individual owners and/or shareholders of the business entity. Operation of a business licensed under this section without having on-going evidence on file with the city of the financial responsibility required by this subsection is grounds for revocation or suspension of the license. (Added, Ord. No. 2011-5) b) This subsection shall apply to all licenses issued by the city except for licenses regulated by Chapter XII of this code which are regulated by that chapter. (Added, Ord. No. 2011-5) 34768vl DJKCR225-141 November 9, 2012 Crystal, MN 55429 Dear 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax (763) 531-1188 • www.ci.crystal.mn.us As you know, the Crystal City Council discussed the status of your liquor license for -relative to the financial responsibility requirement in Crystal City Code Section 1005.29. The City Council was concerned about the high amount of outstanding utility bills and property taxes. The City Council agrees to the following payment plan: - All current and delinquent property taxes must be paid in full by December 31, 2012; and - All utility bills must be paid in full no later than March 1, 2013 but a significant payment towards the total must be received by February 1, 2013. If these deadlines are not met, the City Council will act to suspend or revoke your liquor license. Thanks for your anticipated cooperation. Please call or email me at 763-531-1140 or anne.norris(Mcrystalmn.gov with any questions. Y L. lqorri,. Manager Cc: Mayor and City Council Chrissy Serres, City Clerk Memorandum ,CRYF1 (CRYSTAL DATE: February 13, 2013 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Current Policies and Provisions — Gun Control Several councilmembers have asked about the city's policies regarding gun control. Section 935 of the City Code addresses gun control by defining the types of weapons that are prohibited in Crystal and when firearms may be carried and Section 945 of the City Code addresses the use of firearms. Section 940.09, Subd. 2, of the City Code prohibits the possession of a firearm, dangerous weapon, ammunition or explosive within any city building or on city property. These sections of the City Code are attached. Because the state statutes provide the regulatory framework for gun control, the City Attorney believes these provisions of the City Code are likely not enforceable. The two organizations that lobby on behalf of city interests, which Crystal belongs to, Metro Cities and the League of Minnesota Cities, currently have the following policies regarding gun control. Metro Cities r)olicv: Firearms on City Property Cities should be allowed to prohibit handguns and other weapons in city -owned buildings, facilities and parks. This would allow locally elected officials to determine whether to allow permit -holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets, city sidewalks or on locally approved hunting land. Metro Cities supports local control to allow or prohibit handguns and other weapons on city owned property League of Minnesota Cities policy: S13-31.Restrictions on Possession of Firearms Issue: The Minnesota Citizens Personal Protection Act, also known as "conceal -and - carry," prohibits guns on most school properties but forbids other local units of government from prohibiting loaded firearms on their properties. The inconsistencies in the law's treatment of different kinds of properties have caused confusion about how the law applies to multi -use facilities, such as municipal ice arenas used for school - sponsored programs. The recent shooting in the Morrison County Government Center also shows the harm that can result from preventing local control of their own facilities. Further, the law gives private property owners the right to prohibit guns in their establishments, but prohibits landowners from restricting firearm possession by tenants and their guests without distinguishing between residential and commercial properties. This creates confusion for shopping malls and other retail properties with large common areas that are not occupied by the tenants but which the tenants and their customers must cross to access the tenant's space. Response: The League of Minnesota Cities requests an amendment to the Citizens Personal Protection Act that would allow cities to prohibit handguns in city -owned buildings, facilities, and parks. The League is not seeking a repeal of the Citizens Personal Protection Act, nor authority to prohibit legal weapons in parking lots or on city streets and sidewalks. The League also supports efforts by commercial property owners to clarify that the prohibition on restricting possession by tenants and their guests applies only to residential rental property. The Minnesota Chiefs of Police Association, of which Police Chief Revering is a member, has a position paper on Firearms — National Gun Control Dialogue; a copy of this is attached. The Council should discuss whether any changes to the City Code or other actions are necessary. Attach: Crystal City Code 925.13 925.13. Application. This section does not apply to a person who inhales, breathes, drinks, or otherwise in any manner uses intoxicating liquor as defined by law. This section does not apply to a person who inhales, breathes, drinks or otherwise in any manner uses any narcotic, dangerous drug, or other materials or substance or combination thereof, which material or substance or combination thereof is defined by, and the use of which is prohibited or regulated by law. Section 930 - Drug abuse and control 930.01. State drug control law adopted. Minnesota Statutes, section 151.40 and chapter 152, relating to prohibited drugs, are hereby adopted by reference and are as much a part of this code as if fully set forth herein. A violation of the statutes herein adopted is a violation of this code. 930.03. Possession of opium -smoking parMhernalia prohibited. It is unlawful to use, possess or have under his control for use any stem, bowl, lamp, yen hock or other opium -smoking paraphernalia or accessories used for the smoking or inhalation of opium or marijuana smoking paraphernalia such as, but not limited to, roach clips and roach pipes. Section 935 - Gun control 'l -k 935.01. Definitions. Subdivision 1. For purposes of this section, the terms defined in this subsection have the meanings given them. Subd. 2. "Military type weapon" means any firearms such as bazookas, machine guns, mortars, grenades, molotov cocktails and similar weapons. Subd. 3. "Firearm" means any weapon from which is propelled any missile, projectile, bullet, or other mass by means of explosives or gas. 935.03. Military type weapons. It is unlawful to own, keep, carry or have possession of military type weapons in the city. This section does not apply to law enforcement personnel or military personnel while on active duty, or to military or fraternal organizations in their participation in public functions or celebrations. Crystal City Code 935.05 935.05, Firearms. It is unlawful to have a firearm in possession, or to display, while engaged in, participating in, or being present at any demonstration, picketing activity, group protest or any public place of business or public streets or alleys, a firearm. This section is applicable whether the activities described therein occurred indoors or out of doors. This section does not apply to law enforcement personnel or military personnel while on active duty. 935.07. Confiscation. The firearms or military type weapons of a person convicted of violating this section will be confiscated by the city. 935.09. Firearms in vehicles. Subdivision 1. Prohibition. It is unlawful to have firearms or military type weapons in one's possession on one's person while in a private motor vehicle upon a public highway, street, or alley in the city. Subd. 2. Storage of firearms in vehicles, possession. It is unlawful for the owner of any private motor vehicle, or the driver, if the owner be not then present in the motor vehicle, to keep or allow to be kept in a motor vehicle when the vehicle is upon the public highway, street or alley any firearms except when the firearms are kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. Section 940 - Civil disorder 940.01. Policy. Numerous bombings and the detonation of explosives have occurred in the metropolitan area of which the city is a part. Numerous calls and other information have come to the authorities of the city of threatened bombings and explosions in various buildings and parts of the city. Such conditions may pose a threat to the safety and security of the citizens and property owners of the city. It is therefore necessary that the city council take all prudent steps to safeguard its residents and citizens. 940.03. Emergency. Subdivision 1. Board created. There is hereby created an emergency board composed of the mayor, city manager and chief of police. Upon the occurrence of an emergency which poses a general threat to the public safety, such board must convene immediately at the call of the mayor at a place to be designated by the mayor. Crystal City Code 940.03, Subd. 2 (Rev. 2003) Subd. 2. Board; powers. The emergency board, by vote of two of its members, may prohibit the sale, exchange or transportation of any commodities deemed to be dangerous, such as: firearms, ammunition, explosives, and intoxicating beverages. Notice of such action must be served upon persons and businesses involved therein by the police department of the city. Such prohibition must terminate within 24 hours unless ratified or extended by the city council as provided in the city charter. Subd. 3. Notice. The emergency board must upon convening immediately notify each member of the city council of such meeting and any action taken. 940.05. Evacuation. Subdivision 1. Public, private defined. "Public" as used in this section means any commercial, business, or institutional premise. "Private" means residential, private dwellings. Subd. 2. Public places. If a notice or other communication or information comes to the police department of the city relating to any threatened explosion of a bomb or other device in or on any public premise within the city, the chief of police may evacuate such public premise and provide appropriate assistance in the evacuation. Subd. 3. Private premises. If a notice or communication or information comes to the police department relating to threatened explosions of a bomb or other device in or on any private premise of the city, the chief of police must immediately inform occupants and assist with evacuation if requested. 940.07. Bomb threats. It is unlawful: a) As a hoax, to communicate or cause to be communicated the fact that a bomb or any other explosive device has been placed in any building or in any location other than a building. b) As a hoax, to threaten to bomb any person, place or building. C) To knowingly permit any telephone or other means of communication under one's control to be used for any purposes prohibited by this section. d) As a hoax, to place or cause to be placed in any location any article, constructed or placed with intent to give the impression that the article possesses explosive capability. 940.09. Management of city property. Subdivision 1. Purpose. In accordance with Minnesota Statutes, section 164.72 which recognizes the right of a political subdivision to promulgate reasonable rules and regulations governing access to and proper use of public property and the conduct of public business thereon, the purpose of this section is to protect the free, proper and lawful access to, egress from and proper use of city hall and other public property, and to protect the conduct of public business thereon, free from interference, or disruption or the threat thereof. (Added, Ord. No. 2003-4) Subd. 2. Dangerous weapons prohibited. The possession of a firearm, dangerous weapon, ammunition, or explosive within any building owned by the city of Crystal in which city business is conducted, or on any property owned by the city of Crystal, is prohibited. (Added, Ord. No. 2003-4) Crystal City Code 940.09, Subd. 3 (Rev.2003) Subd. 3. Exception. The prohibitions in this section do not apply to licensed peace officers or military personnel who are performing official duties. (Added, Ord. No. 2003-4) Subd. 4. Misdemeanor. Any person who possesses a firearm, dangerous weapon, ammunition, or explosive within any building owned by the city of Crystal in which city business is conducted, or on any property owned by the city of Crystal, is guilty of a misdemeanor. (Added, Ord. No. 2003-4) Crystal City Code Section 945 Use of firearms 'ill 945.01 945.01. Firearms. Subdivision 1. Permit. It is unlawful to shoot, discharge or explode any firearm, cartridge or shell containing an explosive or air rifle within the corporate limits of the city without first obtaining a written permit from the city. Subd. 2. Exceptions. Subdivision 1 does not apply to: a) Persons duly authorized to act as law enforcement officers, or members of military forces of the United States or the state of Minnesota in the discharge of their duties. b) Persons engaged in target shooting, with inanimate objects as targets, within a building or structure safely enclosed where the sound of the shooting or discharge will not be a nuisance to persons occupying adjacent property. c) Persons engaged in target or trap shooting on target or trap shooting ranges licensed as such by the council as provided in subsection 945.05. d) Persons acting in self-defense when the use of firearms for that purpose would be lawful under the laws of the state of Minnesota. e) For the destruction of diseased, injured or dangerous birds, animals or reptiles by persons specifically authorized to do so by subsection 910.23. 945.03. Killing of birds and animals. It is unlawful, with or without a permit, to use any shotgun, rifle or other firearm for hunting, shooting or otherwise capturing or killing any animal or bird, except as authorized by subsection 945.01. 945.05. Licenses for target and trap shooting. The council may license the use of firearms and air rifles for target shooting and trap shooting at any suitable place within the city upon application of the owner or occupant of the premises to be licensed and payment of a license fee established by appendix IV. All such licenses expire on December 31 of the year in which granted. A license may not be granted until the chief of police and the council are satisfied that target shooting or trap shooting at the place to be licensed will not be a hazard to persons, animals or property on or adjacent to the licensed premises. A license may not be granted with respect to a place not a safe distance from a public street nor to any place where the sound of the shooting will be a nuisance to the residents in the vicinity. In granting such a license the council may prescribe the hours during which shooting will be permitted and the caliber of rifles or other firearms which may be used. A license may be terminated by the council at any time after reasonable notice to the licensee and hearing, if the council finds that any provision of the license has been violated or that use of the target or trap shooting range has become hazardous to any person, property, animals or is a nuisance. Crystal City Code 945.07 (Rev. 2007) 945.07. Permits to destroy animals. The manager may grant a permit to any person on application for the use of appropriate firearms or air rifles for destruction of a diseased, dangerous or injured animal, but the permit is not valid for longer than the 24 hours period specified in the permit. 945.09. Civil liability. This section does not authorize the use of any firearm or air rifle in a manner that will endanger any human being or property. A permit or license granted hereunder does not relieve the person acting thereunder from civil liability for any damage resulting from such use of the firearm or air rifle. Section 950 - Private swimming pools 950.01. Swimming pool defined. For purposes of this section a swimming pool is any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving or recreational bathing and having a depth of more than 24 inches at any point and a surface area of 150 square feet or more. 950.03. Fencing required around outdoor swimming pools. Outdoor swimming pools existing and hereafter constructed must be completely enclosed by a security fence or wall at least four feet high and located at least four feet from the edge of the swimming pool on at least one-half of the perimeter. Fence openings or points of entry into the pool area must be equipped with gates. Gates must be equipped with self-closing and self - latching devices placed at the top of the gate or in a manner otherwise inaccessible to children. Openings between the fence bottom and the ground or other surface may not exceed four inches. 950.05. Exception. This section does not apply to above -ground outdoor swimming pools having at least four foot height, vertical or outward -inclined sidewalls; provided that sole access is by means of removable ladder, ramp, or stairs that must be removed when the pool is not in use. Section 955 - Alarm system 955.01. Purpose and scope. Subdivision 1. This section regulates the use of burglary, safety alarms, and fire alarm systems, establishes users' fees, and establishes a system of administration therefore. (Amended, Ord. No. 2007-13, Sec. 1) MINNESOTA CHIEFS OF POLICE ASSOCIATION DEDICATED TO THE IDEALS OF PROFESSIONAL POLICING FIREARMS NATIONAL GUN CONTROL DIALOGUE The Minnesota Chiefs of Police Association (MCPA) supports and is proud to have Minnesota Law Enforcement Executives at the table as the nation's best and brightest tackle the topic of violence in America. MCPA supports the continued dialogue regarding assault weapons, high capacity magazines, enhancing the submission of data to the rIIC system to ensure the data base has accurate and comprehensive records and the proposed mandatory waiting period. MCPA is also supportive of researching other causal factors such as the culture of violence in America as demonstrated by the gratuitous violence in movies and video games. We also support further discussions involving the role of mental illness and gun violence. We are intrigued by the concept of mandatory reporting by school counselors, medical professionals, law enforcement and parole and probation officers when a client or student admit to or express the threat of committing suicide or threats of violence to themselves or others. The mandatory report would be vetted and if confirmed the individual would lose their right to possess a firearm until deemed safe by a judge or medical professional. Armor Piercing Ammunition The MCPA supports legislation and policies that will prohibit the sale or transfer of armor piercing ammunition. In addition, the MCPA believes that the process utilized to determine whether a round of ammunition is armor piercing should include performance based testing conducted by the Bureau of Alcohol, Tobacco and Firearms. Body Armor The MCPA supports legislation to increase the penalties for individuals that utilize body armor during the commission of a crime. Concealed Weapons The MCPA continues to oppose any federal legislative proposals that would either pre-empt and/or mandate the liberalization of Minnesota's CCW laws pertaining to the carrying of concealed weapons without meeting our state's requirements. This applies to private citizens as well as active, former, and/or federal, tribal, state and local law enforcement personnel. MCPA believes it is essential that state governments maintain the ability to legislate concealed carry laws that best fit the needs of their communities. MCPA also supports the movement towards conceal carry rather than open carry. We support the Timberlake ruling 2008 and oppose the Yang ruling of 2012 which precludes officer's ability to require proof of a permit to carry on private property. If necessary, MCPA will pursue a legislative remedy to offset the Yang appellate court ruling. Firearms Enforcement The MCPA urges Congress to increase resources to better allow state, local and tribal law enforcement agencies and the Department of Justice to enable greater prosecution of individuals for firearms violations. In addition, the MCPA supports firearms enforcement programs that involve local, state and federal agencies, such as Project Safe Neighborhoods and Project Exile, which have shown significant reductions in firearms -related violent crime. Firearms Offender Registry The reduction of firearms -related violent crime has been and continues to be a major goal of MCPA. Studies have shown that firearm offenders have a higher recidivist rate for committing other firearms -related violent crime with firearms than the rate for sexual offenders. Therefore, the MCPA supports creating a federal registry, similar to the sexual offender registry, for offenders who have been previously convicted of a felony firearm violation or a misdemeanor that involved violent or threatening acts with firearms. At little cost, this registry would have great benefit toward preventing and investigating a myriad of violent crimes, as well as establishing a computerized list of dangerous offenders that could be utilized as a notification system to alert officers of potential danger. Firearm Purchase Waiting Period The MCPA has gone on record supporting a waiting period for the purchase of a handgun. In the past, waiting periods have not only served as time for a thorough background investigation, but also as an informal cooling off period for handgun purchasers. However, the time needed to perform most background checks has become obsolete due to transition to the National Instant Check Background System (MICS). Nevertheless, the MCPA believes there must still be a cooling off period in place before an individual can purchase a handgun. Therefore, the MCPA supports legislation to create a mandatory seven-day waiting period prior to the completion of a handgun purchase. Gun Show Loophole The federal Gun Control Act of 1968 stipulates that individuals "engaged in the business" of selling firearms must possess a Federal Firearms License (FFL). Holders of FFLs are required to conduct background checks and maintain a record of all their firearm sales. Certain gun sales and transfers between private individuals, however, are exempt from this requirement. Those who would fail a background check can access firearms through these sources. Unlike an FFL, the seller is not required to conduct a background check to determine whether the purchaser is prohibited from purchasing and possessing a gun. Federal, state, local and tribal laws should be enacted to close these loopholes. If all gun sales proceed through an FFL, a single, consistent system for conducting gun sales, including background checks, will be established. The laws we have in place to ensure gun purchasers go through FFLs are undermined by oversights in the law that allow individuals prohibited from owning firearms to obtain weapons at events such as gun shows without undergoing a background check. The MCPA calls on our Legislators and Congress to act swiftly to close these loopholes and preserve the effectiveness of the laws in place. MCPA also supports a nominal fee for the issuance of a permit to purchase so local units of government can recoup some of the expense of processing the permit. MINNESOTA CHIEFS OF POLICE ASSOCIATION 2 Mental Health We support language, relative to the issuance of a permit to purchase, that would include a disqualifier stating that a person would be ineligible for possession of a firearm if they had ever been confined or committed as mentally ill, developmentally disabled or mentally ill and dangerous to the public. This prohibition would apply not only to people who have been actually committed, but also to those who were placed on a 72 hour hold or otherwise confined in a hospital for treatment. Such a person should be prohibited from possessing a firearm until they receive medical or judicial certification that they are no longer suffering from that particular condition or disability. MCPA and the Minnesota Sheriffs Association (MSA) also support improvements to the National Instant Criminal Background Check System ("NICS"). NICS is a national database of records on persons who may be disqualified from owning or purchasing firearms; the system is only as complete and timely as the information provided by each of the respective 50 states (participation is voluntary). Minnesota's Bureau of Criminal Apprehension provides the infrastructure for Minnesota's NICS system information; Minnesota should ensure that all felony and drug convictions and mental health court orders and other disqualifying gun ownership records are sent to the BCA in an electronic format within 24 hours, and entered immediately into NICS. MCPA and MSA also agree that there must be law enforcement access to mental health records. Law enforcement officers should have ready access to critical (and already public) mental health court records --in responding to 911 calls, in performing background checks, and for booking arrestees -- but we do not have the information -sharing systems we need. Illegal Firearms Trafficking/Firearms Tracing The MCPA opposes any legislation that would limit or reduce the ability of our nation's law enforcement agencies to combat the sale of illegal guns. The MCPA believes that the ability to trace illegal firearms effectively plays a critical role in law enforcement's ability to protect communities from the scourge of firearms violence. The MCPA is opposed to the "Tiahrt Amendment" which restricts the ATF's ability to share vital gun trace information with its state and local counterparts, which severely limits the ability of those agencies to conduct critical investigations designed to identify and apprehend corrupt firearms dealers and the traffickers they supply. The MCPA strongly believes that these provisions, and others like them, put our citizens and our officers at risk. Therefore, the MCPA strongly supports efforts to repeal the Tiahrt amendment and any piece of legislation containing provisions that would weaken law enforcement's ability to trace illegal firearms. Juvenile Crime Firearms Disability The MCPA believes that juveniles must be held accountable for their acts of violence. Therefore, the MCPA supports the passage of legislation, sometimes referred to as Juvenile Brady, which would permanently prohibit gun ownership by an individual, if that individual, while a juvenile, MINNESOTA CHIEFS OF POLICE ASSOCIATION 3 commits a crime that would have triggered a gun disability if their crime had been committed as an adult. Armed Security Guard in every School MCPA supports state funding for a Licensed Peace Officer serving as a School Resource Officer (SRO) in every school in which a school district or community requests this position. The SRO's purpose would be to not only provide safety and security for the staff and students but to also coach, counsel and educate the staff and students on topics ranging from, community policing, problem solving, and personal safety to bullying, drug and violence awareness and internet safety. Microstamping Technology Despite the tireless work of the nation's law enforcement officers, nearly 40 percent of homicides go unsolved. Microstamping technology gives police more precise investigative leads to pursue suspects. Microstamping is a form of ballistics identification that uses laser technology to engrave the firearm's serial number on the cartridge. With the use of this technology, officers who collect cartridge evidence at a crime scene can identify the make, model and serial number of the gun from which it was fired. All firearms produced or sold should be fitted with microstamping technology so that law enforcement can further criminal investigations and enhance public safety and calls on all governments to enact legislation that will allow for the implementation of microstamping technology. Conclusion MCPA will continue to monitor National, State and Local dialogue and legislation involving the firearms issues and participate on any and all levels of government by providing our expertise when appropriate. MCPA supports the vigorous enforcement and prosecution of our existing firearms statutes and will do all that we can to support our prosecutors in demanding the toughest penalties allowed by law for those found guilty of violating firearms related statutes, wearing body armor during the commission of a crime and/or using a firearm during the commission of a crime. (Information for this paper was provided by the IACP and members of the MCPA Legislative Committee 1/2013) Dave Pecchia Executive Director Minnesota Chiefs Of Police Association 1951 Woodlane Drive Woodbury, MN 55125 (651)457-0677 Tel 651 457-5665 Fax dave® ec�hiachiefs.ora MINNESOTA CHIEFS OF POLICE ASSOCIATION 4