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Home My WebLink About2004 07-26 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION July 26, 2004 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. Outlook Training 3. Mzscellaneous 4. Adj ourn CITY COUNCIL MEETING City of Brooklyn Center July 26, 2004 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open �'orum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. RoII Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be rdutine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes —Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. July 12, 2004 Study Session 2. July 12, 2004 Regular Session 3. July 12, 2004 Work Session b. Licenses c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseas'ed Trees CITY COLINCIL AGENDA -2- July 26, 2004 8. Public Hearings a. An Ordinance Amending Chapter 23 of the City Ordinances of the City of Brooklyn Center Relating to the Licensure of Pawnbrokers —This item was approved for first reading on June 28, 2004; published in the official newspaper on July 8, 2004; and is offered this evening for a second reading and public hearing. •Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. 9. Planning Commission Item a. Planning Commission Application No. 2004-009 Submitted by Frauenshuh Companies. Request far Another Planned Unit Development Amendment to Construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the North Parking Lot of Brookdale Center. The Planning Commission recommended approval of this application at its July 15, 2004, meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2004-009 Submitted by Frauenshuh Companies •Requested Council Action: -Motion to adopt resolution. 10. Council Consideration Items a. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Fire Relief Association in Support of Centerbrook Golf Course •Requested Council Action: -Motion to adopt resolution. b. Resolution Requesting Brooklyn Center Charter Commission to Review Section 4.04 of the City Charter •Requested Council Action: -Motion to adopt resolution. c. Resolution Establishing Improvement ProjectNos. 2005-01, 02, 03, and 04, Contract 2005-A, Lions Park South (Tangletown) Neighborhood Street, Storm Drainage, and Utility Improvements •Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -3- July 26, 2004 d. Request for Approval of Issuance of a Premises Permit for Brooklyn Park Youth Hockey Association to Conduct Lawful Gambling at Coyote Grille, 2101 Freeway Boulevard -Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Youth Hockey Association to Conduct Lawful Gambling at Coyote Grille, 2101 Freeway Boulevard, Brooklyn Center, Minnesota •Requested Council Action: -Motion to deny, approve, or table resolution. e. Disposition of Obsolete Air Pacs •Requested Council Action: -Motion to approve sale to Clary's Fire Equipment for merchandise credits. 11. Adjournment City Council Agenda Item No. 7a I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION CITY HALL COUNCIL CHAMBERS JIJLY 12, 2004 CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent. Also present were City Manager Michael McCauley, Director of Public Works/City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed the following agenda items: 9b Ma yoral Appointment to Planning Commission. Councilmember Carmody questioned if all the materials that are provided with the commission appointment process is necessary. Council discussed and was in consensus that the only materials needed with the agenda would be the memo from the City Clerk and the application. All other materials relating to resolutions establishing Commissions and general policies will be placed on the City's Website. 7d, Resolution Setting Courtesy Bench Inspection and Permit Fees and Establishing Corridors Prohibiting Courtesy Benches for 2005-2006. Councilmember Lasman inquired if benches with advertising on private property, not in the public right-of-way, are allowed. City Manager Michael McCauley discussed that private property owners may place limited size home-occupation signs on private property and that he would have to verify the limited size. MISCELLANEOUS Councilmember Lasman informed that she attended a meeting at The Crossings and that they are interested in publishing language in the Park and Recreation brochures along with postings at the Community Center to notify citizens that there is usage of free space at The Crossings. Councilmember Lasman expressed that she would like to support their request to help promote senior activities. 07/ 12/04 -1- DRAFT Councilmember Lasman inquired if the Council would be interested in an amendment to the City Charter to allow for a higher filing fee. Mayor Kragness expressed that she would be in favor of raising the fee and suggested a fee between $25 and $50. Mr. McCauley informed that he would put this issue on a regular agenda for Council consideration. Councilmember Carmody asked for an update as to how many driveways are not in compliance and if an answer had been received regarding the single-family question that was raised. Mr. McCauley discussed that he will get an update from the Code Enforcement Officer and that he continues to wait for an answer from the City Attorney regarding the single-family question. Council discussed smoking bans and the possibility of this issue coming to Brooklyn Center. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROPOSED HOTEL DEVELOPMENT ADJACENT TO EAR,LE BROWN HERITAGE CENTER Mr. McCauley informed that one of the representatives for this proposal had been hospitalized and that he would like to postpone this discussion to a future Work Session. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study Session at 6:47 p.m. Motion passed unanimously. City Clerk Mayor I 07/12/04 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 12, 2004 CITY HALL COLTNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent. Also present were City Manager Michael McCauley, Director of Public Works/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Councilmember Diane Niesen arrived at 6:51 p.m. Randall Coo er Pastor of Church in Minnea olis addressed the Council to discuss t e p� p h Joy and Learning Academy that he would like to locate in Brooklyn Center and the difficulties he is having with zoning and buildings not up to code. He informed that he does have an agreement with the Brooklyn Center School District and once a lease is signed they would be ready to provide schooling for Kindergarten through 12 Grade. He asked if the Council would be able to consider a waiver to allow a school operation in a commercial zone. Mayor Kragness discussed that the City currently has so many schools and at this time do not have the need for any additional schools. Councilmember Carmody expressed that she believes the safety of children would be a concern if children were attending a school in a commercial zone. Councilmember Diane Niesen arrived at 6:51 p.m. Mayor Kragness suggested that Mr. Cooper contact the City of Robbinsdale regarding a possible school closing. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:55 p.m. Motion passed unanimously. 2. INV O CATION Mayor Kragness offered the Invocation. 07/ 12/04 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Public Works Directar/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of �Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Brooklyn Center Relay for Life Event on July 9, 2004. Councilmember Niesen wished to provide a public service announcement regarding bicycle safety and the importance of wearing a helmet when riding a bicycle due to a recent accident in her family. She infarmed that if anyone was interested in getting a fitted helmet through North Memorial Hospital, they are available for $8. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen informed that she would like to request amendment to the June 28, 2004, Regular City Council meeting minutes and would like to add an item regarding Council process to the agenda. Council discussed and no action was taken on the request for the additional item on the agenda. There was a motion by Councilmember Cannody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the requested amendments made to the June 28, 2004, Regular City Council meeting minutes. Motion passed unanimously. 7a. A.PPROVAL OF MINUTES A motion by Councilmember Cannody, seconded by Councilmember Lasman to approve the June 28, 2004, study, regular, and work session meeting minutes with the following amendments to the regular meeting minutes: Pa�e 2- Councilmember Niesen informed that she participated in the Earle Brown Days Parade; and that she had joined the League of Minnesota Cities Improving Fiscal Futures Committee. 07/12/04 -2- DRAFT Pa�e 11 Councilmember Niesen expressed that she is not comfortable with the adoption of this resolution since she is not exactly sure and does not completely understand why Brooklyn Center is licensing R-1 zoned single-family owner occupied dwellings. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES Regal Cinema 6420 Camden Avenue North GARBAGE HAULER Aspen Waste Systems, Inc. 2951 Weeks Avenue, Minneapolis Armor Roll-Off Service 3291 Terminal Drive, Eagan I BFI Waste Systems P.O. Box 39, Circle Pines Darling International, Inc. 9000 382 Avenue, Blue Earth Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Randy's Sanitation, Inc. P.O. Box 169, Delano Walters Recycling and Refuse P.O. Box 67, Circle Pines MECHANICAL Air Conditioning Associates 689 Pierce Butler Route, St Paul Anderson Heating Air Conditioning 4347 Central Avenue NE, Columbia Heights Schadegg Mechanical Inc. 225 Bridgepoint Drive, So St Paul SIGN HANGER Sign A Rama 13692 Grove Drive, Maple Grove TOBACCO RELATED PRODUCT Royal Tobacco 5625 Xerxes Avenue North '1c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2004-94 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion assed unani ou p m sly. 07/12I04 -3- DRAFT 7d. RESOLUTION SETTING COURTESY BENCH INSPECTION AND PERMIT FEES AND ESTABLISHING CORRIDORS PROHIBITING COURTESY BENCHES FOR 2005-2006 RESOLUTION NO. 2004-95 Councilmember Carmody introduced the following resolution and moved its adoption: I RESOLUTION SETTING COURTESY BENCH INSPECTION AND PERMIT FEES AND ESTABLISHING CORRIDORS PROHIBITING COURTESY BENCHES FOR 2005-2006 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. APPROVAL TO DISPOSE OF SURPLUS HOSE TO SMALL FIRE DEPARTMENTS IN THE STATE OF MINNESOTA A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the disposal of surplus hose to small fire departments in the State of Minnesota. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING ORDINANCE NO. 2002-11 REGARDING COUNCIL SALARIES FOR 2005-2006 City Manager Michael McCauley discussed that the City Council reviewed the recommendation from the Financial Commission and approved the first reading of this ordinance at its June 14, 2004. The annual salary in 2005 for the Mayor shall be $10,522 and the annual salary for the Council Members shall be $8,056. The annual salary in 2006 for the Mayor shall be $10,732 and the annual salary for the Council Members shall be $8,217. I A motion by Councilmember Lasman, seconded by Counci�member Carmody to open the Public Hearing. Motion passed unanimously. Mary O' Conner, 5429 Lyndale Avenue North, addressed the Council to inquire what the Council salaries are for 2004. Mayor Kragness responded that the current salary for the Mayor is $10,522 and the Council Members current salary is $8,056. I A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. 07/12/04 -4- DRAFT ORDINANCE N0. 2004-13 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE N0. 2002-11 REGARDING COUNCIL SALARIES FOR 2005-2006 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. gb• AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 3.10 OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the current City Charter requires brackets when omitting old matter from City Ordinances. This ordinance amendment would amend the City Charter to allow the strikethrough method when making ordinance amendments. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004-14 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 3.10 OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. g�• AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-702, 23-703, AND 23-204 AND ADDING NEW SECTIONS 23-706, 23-707, 23-708, 23-709, 23-710, 23-711, AND 23-712 Mr. McCauley discussed that the Police Department had worked with the City Attorney and Timothy Crandall (a taxicab owner) to streamline a taxicab ordinance that would be acceptable for allowing t�icab licensing in the City of Brooklyn Center. 07/12/ 04 -5- DRAFT A motion by Councilmember Cannody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Pubiic Hearing. Motion passed unanimously. ORDINANCE NO. 2004-1 S Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-702, 23-703, AND 23-204 AND ADDING NEW SECTIONS 23-706, 23-707, 23-708, 23-709, 23-710, 23-71 l, AND 23-712 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. STAFF REPORT OF STATUS ON TRAFFIC STUDY ALONG BROOKLYN BOULEVARD BETWEEN 49 AVENUE NORTH AND T.H. 100 Mr. McCauley discussed that staff had received a preliminary study conducted by TKDA and that the study indicates traffic flows at 51 St Avenue is an acceptable design. TKDA made a recommendation for an additional study and staff would recommend no additional study at this time. Director of Public Works/City Engineer Todd Blomstrom reported on the traffic study received and outlined the study area, scope of traffic study, g�neral results, and the options for future action. He reeommended at this point continuing discussions with representatives from Hennepin County and the Minnesota Department of Transportation (Mn/DOT) and pushing for them to coordinate all signals along Brooklyn Boulevard. Mayor Kragness expressed that she would be in favor of deternliiung that intersection unprovements do not qualify as a higher priority than other street projects cunently included in the five year Capital Improvement Program (CIP) and to take no action on an additional study at this time. Councilmember Carmody questioned if having traffic control help during peak times would help the area at Malmborg's and the Church. Mr. Blomstrom responded that might help; however, there would be a cost for police services. She expressed she believes that determining intersection improvements to not qualify as a higher priority than other street projects currently included in the five year Capital Improvement Program (CIP) and to take no action on an additional study at this time, and that this would be a temporary solution. 07/12/04 -6- DRAFT Councilmember Lasman expressed that she would like to also encourage the request for Hennepin County and MnIDOT to coordinate existing traffic signals along Brooklyn Boulevard. Councilmember Niesen expressed that she would like to pursue the efforts of coordinating the signal lights along Brooklyn Boulevard and would be in favor of removing some signals if at all possible. It was the consensus of the Council to request Hennepin County and Mn/DOT to coordinate existing traffic signals along Brooklyn Boulevard and determine that intersection improvements do not qualify as a higher priority than other street projects eurrently included in the five year CIP. 9b. MAYORAL APPOINTMENT TO PLANNING COMMISSION Mayor Kragness requested ratification of Shawn Taylor to the Planning Commission with term expiring on December 31, 2005. A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify Mayoral nomination of Shawn Taylor to the Planning Commission with term expiring December 31, 2005. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:48 p.m. Motion passed unanimously. City Clerk Mayor 07/12/04 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION JULY 12, 2004 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 7:50 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Community Development Director Brad Hoffman, and Deputy City Clerk Maria Rosenbaum. PROPOSED HOTEL DEVELOPMENT ADJACENT TO EARLE BROWN HERITAGE CENTER City Manager Michael McCauley informed that one of the representatives for this proposal had been hospitalized and that he would like to postpone this discussion to a future Wark Session. PROPOSED LETTER OF INTENT ON BROOKDALE FORD RELOCATION Mr. McCauley discussed that Brookdale Ford is interested in proceeding with relocating on Freeway Boulevard. A proposed Letter of Intent had been received from an agent representative of Brookdale Ford that outlines a basis to negotiate a development agreement and would contemplate the acquisition of the current Brookdale Ford property and a waiver of any relocation or other payments by Brookdale Ford as the tenant. This Letter of Intent would set the direction for negotiating a formal, comprehensive agreement and if a development agreement was reached, the agreement would commit to the acquisition of the Brookdale Ford property, payment of moving allowance in lieu of relocation, and a commitment to exercise eminent domain to assist at Brookdale Ford's expense in site assemblage if Brookdale Ford was not able to acquire the property on its own. Council discussed the outcome of this possible relocation and the risks that could be involved. Mr. McCauley informed that the $1.5 Million of payment in lieu of relocation costs would not be provided until all properties were acquired and that both parties may walk away from the Letter of Intent at anytime unless they entered into a Development Agreement. 07/12/04 -1- DRAFT Councilmember Niesen informed that she would like to know the amount of property taxes that e Brookdale Ford currently pays and would like to have a report prepared on the risks that would be involved. REPORT ON OTHER COMMUNITY SURVEYS REGARDING GAY, LESBIAN, BI- SEXUAL, TRANSGENDER FAMILY MEMBERSHIPS Council discussed the report received and were in consensus that the memberships will be continue in the same fashion with no changes at this time. I MISCELLANEOUS Councilmember Niesen informed that she would like to have the Council process on a Regular City Council agenda to discuss the matter of process and restate the order that is be followed. She expressed concern with the process not following Roberts Rules and the fact the there was no parliamentarian that stepped in during the last meeting. Mayor Kragness suggested that this be a topic at the next Council Retreat. Councilmember Niesen questioned if there will be more trees planted along France Avenue. Mr. McCauley informed that he believes that the landscaping that was proposed for the project is complete. Councilmember Niesen questioned if the City is responsible for the watering the sod at the apartments on 53` Avenue. Mr. McCauley informed that the watering is the responsibility of the apartment owners. I ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Work Session at 9:26 .m. Motion assed unanim u 1. p p o sy City Clerk Mayor Il i 07/ 12/04 -2- DRAFT I i �ity Council Agenda Item No. 7b City of Brooklyn Center A Millennaum Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 21, 2004 SUBJECT: Licenses for Council Approval The following companies/persons have applied for City licenses as noted. Each companylperson has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on July 26, 2004 are as follows: AMUSEMENT DEVICES Coyote Grille 2101 Freeway Boulevard Scoreboard Pizza 6816 Humbaldt Avenue North GARBAGE HAULER Anamaz Transportation Corporation 505 Hardman Avenue, South St. Paul Waste Management 10050 Naples Street NE, Blaine MECHANICAL Silvernail Enterprises Ltd. 6603 36`�' Avenue North, Crystal Minnesota Heating and Air 10701 93` Avenue North, Maple Grove Superior Contractors Inc. 6121 42nd Avenue North, Crystal RENTAL 5235 Drew Avenue North Jay Nelson Battenberg No calls for service within 12 months 541�2 and 12 1 /z Fremont Avenue North Gary Anakkala No calls for service within 12 months 5351 Irving Avenue North HCM Investment (Frank Mayers) Suspicious activity call on 05-04-04 (closed, unfounded) 4207 Lakeside Avenue #122 Donna Kabanuk No calls for service within 12 months 4214 Lakeside Avenue North James Shoultz No calls for service within 12 months 6125-6201 Lilac Drive North (138 Units) Lang Nelson Associates 2 Alarms 1 Disturbance call 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall 7'DD Number (763) 569-3300 FAX 63 (7 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org L�_ Page 2 Licenses for Council Approval July 26, 2004 5505 Lyndale Avenue North Brett Hildreth 4-20-04 Police assistance (closed, unfounded) 4-21-04 Police assistance (closed, unfounded) 5519 and 23 Lyndale Avenue North Brett Hildreth No calls for service within 12 months 5306 Russell Avenue North Donna Reinarz 1 call for service Parking violation in front af residence on 8-07-03 2401-03 54"' Avenue North Joseph Hoffinan 1 call for service Suspicious activity at 2401 on 01-30-04 1425 55"' Avenue North (4 Unit Complex) Trung Duong 3 disturbing the peace calls (1/13/04, 12/06/03, and 6/19/03) 419 67�' Avenue North Luke Wilhelmi 2 calls far suspicious activity (both unfounded) 6207 Chowen Avenue Doreen Kalema No calls for service within 12 months 5401 France Avenue North Dang Vang No calls for service within 12 months 5737 Halifax Avenue North Stephen Menya (This is a single-family home) 4 disturbance calls (5/28/04,1/21/04,5/23/04, and 5/22/03) 2 burglary calls (1/20/04 and 10/8/03) 1 arson call (11/16/03) 5746 Irving Avenue North Kathy Becker No calls for service within 12 months 7224 Major Avenue Kao Vang No calls for service within 12 months 7068 Unity Avenue North Maurice Roberts 1 call for service on a domestic (4-20-04) 731 Woodbine Lane Ebassa Berhanu 2 calis for disturbing the peace (7-13-04 and 04-01-04). 5101 Xerxes Avenue Narth Darnella Anderson-Bonds No calls for service within 12 months 6661 Xerxes Place North Igor Epshteyu 4 calls for disturbing the peace (12/14/03,11/17/03,11/OS/03, and 9/7/03) SIGN HANGER Nordquist Sign Company Inc. 312 West Lake Street, Minneapolis City Council Agenda Item No. 7c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brookl n Center ivin the owners Y g g twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: PROPERTY OWNER_________________________ PROPERTY ADDRESS________________TREE NUMBER DON KLEFSAAS 4212 JOYCE LANE 179 TIMOTHY GROVES 3412 62 AVE N 180 WILLIAM HILL 6313 ORCHARD AVE N 181 BRADLEY KATHRYN HOUSTON 5312 62" AVE N 182 JOSE PATINO 6236 REGENT AVE N 183 NORMAN MARGARET ARNESON 5725 NORTHPORT DR 184, 185 PRISCILLA LANNING 5337 SAILOR LA 186A MICHAEL WENDY JOHNSON 5343 SAILOR LA 186B ST. ALPHONSUS CHURCH 7025 HALIFAX AVE N 187 VASTYNE WILSON DONNA COINS 5452 EMERSON AVE N 188 SAYNDEE SANDO 5417 FREMONT AVE N 189, 190 CITY OF BROOKLYN CENTER VARIOUS PARKS 191, 192,193,194,239 POHUEYE PHA LEE CHONG 6930 DREW AVE N 195 JEFF LEDIN 7007 EWING AVE N 196 JAMIE KEVIN BOOK 6814 YORK PLACE 197 DREW TERRI KABUNAK 3701 47 AVE N 198, 199 RJ BRYANT, LLC 3513 47 AVE N 200, 201 MELROSE GATES 6507 CAMDEN AVE N 202 LEROY VIRGINIA FELRATH 6724 WEST RIVER RD 205 CHARLES NORMA BELL 6440 WILLOW LANE 206,207 EVELIA MORALES FELIX CARDOSO 1508 SS AVE N 208 ELEANOR GRACHEK 5500 KNOX AVE N 209 MARGARET ZEELEE 5548 LILAC DR N 210 CAROL BLESSING 2107 ERICON DR 211 STEVEN NANCY KROLL 5530 EMERSON AVE N 212 MAURICIO NAVARRO 5339 HUMBOLDT AVE N 213 PAUL ANDREA EASTMAN 5338 JAMES AVE N 214 ZAI XIONG/ITOUA VANG 6342 GIRARD AVE N 215 DAVID TROMBLEY 6331 GIRARD AVE N 216 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER PAMELA NANA AFARI 5339 LOGAN AVE N 217 PAUL BARBARA REID 5801 EMERSON AVE N 218 BARBARA BIEDERMAN 7031 NEWTON AVE N 219 SHANE SUTTON KAREN BIRD 6506 DREW AVE N 220 TECH PARTNERS LLC 5930 BROOKLYN BLVD 221,222 FOUAD REDA/SOURAYA ELWALI 6012 BEARD AVE N 223 BRUCE MELISSA WEST 5949 XERXES AVE N 224 MICHAEL HIVALA/BOBBY JEAN ROMO 5942 WASHBURN AVE N 225 PHYLLIS OWENS 6520 BROOKLYN BLVD 226 MOUND CEMETERY 3515 69 AVE N 227 DONALD PATRICIA HOLCOMB 7001 WEST PALMER LK DR 228,229 JAMES SUZANNE KOPP 7007 WEST PALMER LK DR 230 MILDRED BAKKEN 7031 KNOX AVE N 231 ROY WARMBOLD/MICHAEL HEINRICH 7236 DUPONT AVE N 232 MICHAEL DONNELY 806 SS AVE N 233 DAVID COLLEENNORDIN 6924 TOLEDO AVE N 234 RODGER RUTH DALMAN 5549 GIRARD AVE N 235 PAUL DELPHINE RICK 6719 DREW AVE N 236 DOROTHY BRUESHABER 6925 NEWTON AVE N 237,238 JEFFREY TAWNI LARSON 1713 72 AVE N 239 TURNING POINT 819 SS AVE N 241,242 JOHN JAN SCHOLLA 6700 CAMDEN AVE N 243 ROBERT JEAN SCHIEBEL 2120 70 AVE N 244 ORVILLE FLORENCE HARRIS SR 1820 69 AVE N 245 DONNA MARTIN 6006 HUMBOLDT AVE N 246 RONALD MICHELLE MARTIN 5418 MORGAN AVE N 247,248,249 RICHARD CHAPPLE 2000 71 AVE N 250 i JAMES TOBIAS 5118 FRANCE AVE N 251 JEANNE HANSON 5806 GIRARD AVE N 252 THOMAS MCKEVKA 5807 GIRARD AVE N 253 ALPHA YUROSE MSHIHIRI 5812 GIRARD AVE N 254 LOLA NELSEN 5540 DUPONT AVE N 255 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5} days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION Na Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM DATE: July 21, 2004 TO: Michael3. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide 1 1 SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Cit� Council Agenda Item No. 8a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of July 2004 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 63O1 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 23 of the City Ordinances of the City of Brooklyn Center Relating to the Licensure of Pawnbrokers. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER RELATING TO THE LICENSURE OF PAWNBROKERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section L Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following paragraphs: PAWNBROKERS Purnose. The Citv Cauncil finds that use of services provided bv nawnbrokers nrovides an obnortunitv for the commission of crimes and their concealment because bawn businesses have the abilitv to receive and transfer pronertv stolen bv others easilv and auicklv. The Citv Council also finds that consumer nrotection reeulation is warranted in transactions involvin� nawnbrokers. The Citv Council further finds that the nawn industrv has out�rown the Citv's current abilitv to effectivelv or efficientiv identifv criminal activitv related to nawnsliops. The nuroose of this section is to nrevent nawn businesses from bein� used as facilities for the commission of crimes and to assure that such businesses comnlv with basic consumer brotection standards, therebv nrotectin� the nublic health. safetv, and �eneral welfare of the citizens of the citv. To helb the Citv better regulate current and future nawn businesses, decrease and stabilize costs associated with the re�ulation of the pawn industrv. and increase identification of criminal activities in the nawn industrv throu�h the timelv collection and sharin� of pawn transaction information, this section also implements and establishes the reauired use of the Automated Pawn Svstem (APSI. Section 2. Section 23-601 is hereby amended in the following manner: Section 23-601. DEFINITIONS. For the purpose of Sections 23-601 through 23- 630[ I], the terms defined in this section have the meanings given them. ORDINANCE NO. a. Pawnbroker. ��r��ral�f°rslr��r r��ar�:� �5�:��t?n. ��i:ac} lc�z�r�:� �t��t��:�� c��;��it: c��• ��.��ts�°. ��>��s�� r��c��t� ��c• a?t��:t� ��a,��I�; t��.i.z��. �r s�T��.> c�e;L��s ��z ��c� ��-c;1��4��w' ��r�>l��.ri�- c>tE�e€� �a�z��t�1� tl�ir�� i�i> �:c�z��{�i�€�� c�i's�.11i��.�: t��€:� �yz�,��: �£�c�Z E�w�tioi�� t�t �t ��:i�,�al<�t�:� �r�ic:� ��c� I�:�ar�� :x�t�a�t� s�:€:�:�� a.ilz�l'E�:� i:Y?c3l"'t�..zl�=,�' cl:il �'��l;tl3i'<tI �:)d�c:}�7�.t`I}, t��;ill�� 7{>�54�;�;�3€3Z1. #)9` t�l� �t`��'I'�4' i�T" ��a�� ;��i 3 Anv natural nerson, bartnershib or corooration, either as nrincinal, or a�ent or emnlovee thereof, who loans monev on denosit or pledee of nersonal nrobertv, or other valuable thin�, or who deals in the nurchasin� of bersonal nronertv. or other valuable thin� on condition of sellin� the same back a�ain at a stinulated nrice.`or who loans monev secured bv chattel mort�a�e on personal nronertv, takin� nossession of the pronertv or anv nart thereof so mortga�ed. To the extent that a oawnbroker' s business includes buving nersonal nronertv nreviouslv used. rented or leased, or sellin� it on consi�nment, the provisions of this section shall be abblicable. b. Renortable Transaction. Everv transaction conducted bv a nawnbroker in which merchandise is received throu�h a nawn, nurchase, consi�nment or trade, or in which a nawn is renewed, extended ar redeemed, or for which a uniaue transaction number or identifier is �enerated bv their point-of-sale software, or an item is confiscated bv law enforcement, is renortable excent: l. The bulk nurchase or consi�nment of new or used merchandise from a merchant, manufacturer, or wholesaler havin� an established nermanent nlace of business, and the retail sale of said merchandise. nrovided the nawnbroker must maintain a record of such burchase or consi�nment which describes each item. and must mark each item in a manner which relates it to that transaction record. 2. Retail and wholesale sales of inerchandise originallv received bv nawn or uurchase, and for which all annlicable hold and/or redembtion neriods have exvired. c. Billable Transaction. Everv renortable transaction conducted bv a pawnbroker is a billable transaction excent renewals, redembtions, or extensions of existine nawns on items nreviouslv renorted and continuouslv in the licensee's nossession, voided transactions. and confiscations. Section 3. Section 23-603 is hereby amended in the following manner: Section 23-603. LICENSE FEE. Subdivision 1. The annual fee for a pawnbroker shall be set by the City Council by resolution. ORDINANCE NO. Subdivision 2. In a' i ddrt on to the annual license fee. a billable transaction fee shall be imnosed on each transaction. a. The billable transaction fee shall reflect the cost of nrocessin� transactions and other related re�ulatorv expenses as determined bv the Citv Council and shall be reviewed and adiusted, if necessarv. everv six (61 months. Licensees shall be notified in writin� thirtv (301 davs before anv adiustment is imt�lemented. b. Billable transaction fees shall be billed monthlv and are due and navable within thirtv (301 davs. Failure to do so is a violation of this section. Sectian 4. Section 23-606 is hereby amended in the following manner: Section 23-606. SITE PLAN. Subdivision 2. BUSINESS AT ONLY ONE PLACE. A license under this section authorizes the licensee to carrv on its business onlv at the nermanent blace of business desi�nated in the license. However, unon written reauest, the Citv Mana�er's desi�nee mav an�rove an off-site locked and secured stora�e facilitv. The licensee shall bermit inspection of the facilitv in accordance with Section 23-627. All provisions of this section re�ardin� record keenin� and reportin� applv to the facilitv and its contents. Pronertv shall be stored in comnliance with all provisions of the Citv Code. The licensee must either own the buildin� in which the business is conducted, and anv annroved off-site stora�e facilitv. or have a lease on the business premise that extends for more than six (61 months. Section 5. Section 23-615 is hereby amended in the following manner: [`��;�ti�>�� ;�::;��a i��;�:��;c� �a=r��?��.�;:t�, ��i t��e; �i��e; ��cc;�i��i i.�t` ��r� �t�;��. ��?u;�i i€��;cii�tL.I�� °�c;��°�i, �r� i��l,: i?�• ira�la=?i�� s�i��ra, �r� �i�e ��:r��i�� I�r��a�.u��;�, (?��c�l.� ��t� �-�c�s��J ��r��w.c��:i�� z��.it, t(�c� t:��II�� i�x� ic�i-��:��bati�.��.� ��>s��c��.: <��,�.�r°ate. �`�;c.t•i��ti�� :�°tl�� t�::��a i��:I�ac�i��, ��.�t €�c.�� E�:��.:ite;�� t�?, i3£l4' tI<�c�%'�1`�.£3�t��.� �€:zi.t`Itl.��c:�Z9i£.3I1 I1:ti�Il�7�`I`. `i�,rl�t.� £.lu�Z1��i.:�'. c}��."�lr�r ��?��:i�at�. 2:?t�Il°il"�CS'. ��:1 ��;r� ��z��r�� 0.� ��c c�t(��t� i��:r��i:�'�i��i� r,��s°l�(�i ��r� =,ia�:�:� i�:�r��;� �..��e.� ��z°�.:�� [t;, �_�G3�:�., 1:13:11G". G171�'� �7�.<3�;� C>�` f�'t„l ORDINANCE NO. ��.c., �;��;r��:� ��r��:��;, :��c��cl�..��s�e; ��;.c}�� .��a.��r G�r�� 1e: ��i��t�� t��e �t°ra�€st� ��i�� i;�� it:�;t�� Y�� t� c.�s� �c��:��;E�zi�� i�c,�� ar�� c��th�; ��1��-��: f�.>�°�� 'i��:z��i�i�;�;i�� s;��l�r,] ��:�;t��:�� :x•i�%�;��`� i°s�;�:rz5�;4] �:�(°�:�ci;�l ;.��r,�� i��zii�ic:��i€.�� ;s�� r��it��r� I.�� -��:�a G��: �-t�� z�� r.�t�c��; ��:��.�:�t s��;t� f.�.��- i��b�,�;�.i:�c�� f:��c. }��:i�°� ��:�&��°,��e::�� i�b�r:i��f�; I�u;,��:::;;� ��f�azr;;. ��..��rc��; ��l��s°�:�� tl�� ;��;t�� ;t�>�°� �I �a��cl �k��i��:iz��;�l h�• �i�°��::��,e: �z �e ��«�i. ��i' &�:t �c��:;t t�.�x°e�: {�i �-�;�:t°;�,] f ��r�>��.r ��€;;t, G�t t�ae c;�>��r�t�� t�a��5��c;�:i�?��a ��.a a ��x��tc��t��,:�aic r��:t�� a.;l` t1�c. ;;�;�1.�:;t°, tl�e i��zt��:i�.��t��>t� �tr��:� tr�r�.:�a�°tic�:t� ��°i��t ��;i��;� 4� s��1i� �r��t��: }�l�c3t�?�r��hic c�:�� i��;. s� ��3�;�� r�:c;�� c��°��:, �;�;(�e�°� t��; i��ii�it;��iit�� ;c:� ;zc��c� tt��- t�<�.r��za�:ti�� rc;��;i�� z-�� h� t�:��;cl �r� �:�1<��:�; ��tc>;��•��1��; ��c:.�i��. �s-c��icl�c� 1:(�e: �i��:�� r�:i;c�t��it�� cl��ic� ��rc>c�3�c°,�� :I��t� �r��;e: t�.f�z�� }�;��:;i �i��. ��j ;��>cc�ncl:5 i� �urat��.. F��l� II::�'� z�� r�:�.e��t� ni�a�t ��;�,x�Ie; ��l�c:�� °:�r�i:��c� �€nc� �n��t �?e�� t��° cla�� c�f�tl��; tr��;�z�°t�.€��. l�(��. c,��:��c3 �il�� c��° ��ic�i�� :;t�� z�s�� ta� r�c:�;t�r�i ��t� t�ry��.�;s�c;t:��y r��a;�1 �x�i��_��:�.�� i�c��; �eG�.�� i:te;�� tl�� i�G�1:� c�l��l��:. �:�4t; ��,��.�f�c.t�c�� r�;�c��c��, Ii: �a��:�t l}� ��a.c� c��•�:.r t�� e� ��tl��.>��i��.c� ,��:ac,� ��.f�i�:�r. up�� c��;z��:��, a��- ti��c c��°�� r°e;�c:°a.�#i.c�r� ��c:ri.�,c�.� [�1.. �zt�lt)1.t�2.� t.€l.tf� %1rls,� l.zl.�`l�lil'Ct.t t�i2t�. G131.i,1 T:11c)l��zixr il�l�'.� ei�11�.11t;1� 1.:11�taS'b'.`�s� ic'1�€:,°, is��l�c�ir��, �ll ��;es L�,�� c��r�;e;�.� Section 23-615. RECORDS REOUIRED. Subdivision l. At the time of anv renortable transaction other than renewals, extensions or redemntions, everv licensee must immediatelv record in En�lish the followin� information bv usin� ink or other indelible medium on forms or in a comnuterized recard annroved bv the Citv. a. A comnlete and accurate descrintion of each item includin�. but not limited to. anv trademark, identification number. serial number, model number. brand name, or other identifvin� mark on such an item.. ORDINANCE NO. b. The burchase brice, amount of monev loaned unon, or bledged therefor. c. The maturitv date of the transaction and the amount due. includin� monthlv and annual interest rates and all nawn fees and char�es. d. Date, time and place the item of nronertv was received bv the licensee and the uniaue alpha and/or numeric transaction identifier that distin�uishes it from all other transactions in the licensee's records. e. Full name, current residence address, current residence telenhone number, date of birth. and accurate descrintion of the nerson from whom the item of the uronertv was received. includine: sex, hei�ht, wei�ht, race, color of eves, and color of hair. f. The identification number and state of issue from anv of.the followin� forms of identification of the seller: 1. Current valid Minnesota driver's license. 2. Current valid Minnesota identification card. 3. Current valid nhoto identification card issued bv another state or nrovince of Canada. The si�nature of the nerson identified in the transaction. h. Effective sixtv (601 davs from the date of notification bv the Citv of accentable video standards the licensee must also take a color nhoto�rabh or color video recordin� of: 1. Each customer involved in a billable transaction. 2. Everv item nawned or sold that does not have a uniaue serial ar identification number nermanentiv en�raved or affixed. If a photo�ranh is taken. it must be at least two (21 inches in leneth bv two (21 inches in width and must be maintained in such a manner that the bhoto�rabh can be readilv matched and correlated with all other records of the transaction to which thev relate. Such nhoto�rabhs must be available to the Citv Mana�er's desienee, unon reauest. The maior nortion of the nhoto�ranh must include an identifiable front facial close-un of the nerson who nawned or sold the item. Items ahoto�ranhed must be accuratelv denicted. The licensee must inform the nerson that he or she is beine nhotogranhed bv disnlavin� a si�n of sufficient size in a consnicuous nlace in the nremises. If a video bhotoeranh is taken. the video camera must zoom in on the nerson pawnins or sellin� the ORDINANCE NO. item so as to include an identifiable close-un of that nerson's face. Items nhotoeraphed bv video must be accuratelv denicted. Video photo�raphs must be electronicallv referenced bv time and date so thev can be readilv matched and correlated with all other records of the transaction to which thev relate. The licensee must inform the nerson that he or she is beine videotaned orallv and bv disnlavin� a si�n of sufficient size in a conspicuous nlace on the premises. The licensee must keen the exnosed videotape for three (31 months. i. Di�itized Photo�ranhs. Effective sixtv (601 davs from the date of notification bv the Citv licensees must fulfill the color nhoto�raph reauirements in Section 23-615 Subdivision 1(hl bv submittin� them as di�ital ima�es, in a format specified bv the issuin� authoritv, electronicallv cross-referenced to the renortable transaction thev are associated with. Notwithstandin� the di�ital ima�es mav be cantured from reauired video recordin�s, this provision does not altar or amend the reauirements in Section 23-615 Subdivision 1(hl. i. Renewals, Extensions, and Redemntions. For renewals, extensions and redemntions. the licensee shall nrovide the ori�inal transaction identifier. the date of the current transaction, and the twe of transaction. k. Insnection of Records. The records must at all reasonable times be oben to insnection bv the Citv Mana�er's desi�nee. Data entries shall be retained for at least three (3) vears from the date of transaction. Entries of reauired di�ital ima�es shall be retained a minimum of ninetv (901 davs. Subdivision 2. Label Reauired. Licensees must attach a label to everv item at the time it is nawned, nurchased, or received in inventorv from anv renortable transaction. Permanentiv recorded on this label must be the number or name that identifies the transaction in the shon's records, the transaetion date, the name of the item and the descrintion or the model and serial number of the item as renorted to the Citv, whichever is apblicable, and the date the item is out of pawn or can be sold. if apnlicable. Labels shall not be re-used. Section 6. Section 23-616 is hereby amended in the following manner: `��r� I�:�,�:��T��`��:�� [:t �4?i:'a�7LI�S:1")I�i� :?"(:;f:�)I"C� €?��ci�� :l"i�l)q<3i;:t7i.)t"1,°W I'3)t':7I ��c; `iLi�"fi?"31��:t�"d:� `L£} �:�7f; ��(?�l�t; C�i:��'s3,3�I"7"t€:Il� t:?iI il c��gl� 1��4si�,. ��z�° c:��:�r��zi:�:ri��cl r�;cc:��1:; r��.�;;t Et� cc��t�.��G��:��l� �i:l� ;:1�� c�:�r��,��tez ;ta,��. ��;c�c� 1��- le. �:�5°�)t3�x.��'S� �,.�i;�Cc i` �.>�;}3�it'11�3c"1."[�. :'1�� 2.1�::;tl;; �`L�;L'I�'i;C� I'12L1�C �7�: :t'c'�"?€:3t'#�;Ct (:)�1 l�L: �.c.��:��.�t�� 5�>1e?x�. "l�li�. �;,�s:�i4 itacl�� ;�11 i��l�t+c��z�tic�.,� t'.��{�ai_��it� az.taL�e;t �Se;c�i:ic>�� Section 23-616. DAILY REPORTS. ORDINANCE NO. Subdivision l. Effective no later than sixtv (601 davs after the Citv t�rovides licensees with the current version of the Automated Pawn Svstem Interchan�e File Specification, licensees must submit everv reportable transaction to the Citv dailv in the followin� manner: a. Licensees must nrovide to the Citv ali renortable transaction information bv transferrine it from their comnuter to the Automated Pawn Svstem via modem usin� the current version of the Automated Pawn Svstem Interchan�e File Sbecification. All reauired records must be transmitted comnletelv and accuratelv after the close of business each dav in accordance with standards and brocedures established bv the issuin� authoritv. Anv transaction that does not meet the Automated Pawn Svstem Interchan�e File Specification must be corrected and resubmitted the next business dav. The licensee must disnlav a si�n of sufficient size, in a consnicuous nlace in the nremises, which informs batrons that all transactions are renorted to the nolice denartment dailv. Subdivision 2. Billable Transaction Fees. Licensees will be char�ed for each billable transaction reported to the Citv. a. If a licensee is unable to successfullv transfer the reQuired reborts bv modem, the licensee must brovide the Citv, unon reauest, printed copies of all renortable transactions, alon� with the video tape(s) for that date, bv 12:00 noon the next business dav; b. If the nroblem is determined to be in the licensee's svstem and is not corrected bv the close of the first business dav followin� the failure, the licensee must continue to nrovide the reauired renorts as detailed in Section 23-616 Subdivision 2(al and must be char�ed a fiftv dollar ($50.00) reportin� failure penaltv, dailv, until the error is corrected; or c. If the nroblem is determined to be outside the licensee's svstem. the licensee must continue to nrovide the reauired renorts as detailed in Section 23-616 Subdivision 2(al. and resubmit all such transactions via modem when the error is corrected. d. Re�ardless of the cause or ori�in of the technical nroblems that nrevented the licensee from ubloadin� their renortable transactions, upon correction of the problem, the licensee shall unload everv renortable transaction from everv business dav the broblem had existed. e. Section 23-616 Subdivision 2(al throu�h (c) notwithstandin�, the Citv mav, unon nresentation of extenuatine circumstances, delav the imt�lementation of the dailv rebortin� benaltv. ORDINANCE NO. Section 7. Section 23-618 is hereby amended in the following manner: `��;�;�i:�?� '��4_��. :�r� it�r�� r�.��;iaY�c� Y�L�� d t ��•��1�:�;r a.. I�.{�n ��r��s��ti��r� ��t<�� t$t3t ��.�i�� t�r c�tlz�r��°��;�: �r�zr�,jt.°�-� �c?g� �z �.�1�s.i��:t�' ��C�,1 E�f°t��° i.I��:_ ��>z��: �?.i'��.��:��:?t. �r��:i�-i��ts�� z��- ��.��.x�:t-r� ;.�c�� °s��ze:c� :�c��z�.t�,--��-�t� ��t:� ��„,1 g�i� a��`F�� t`x:E,`i r� 4 c�i1 i�� 3€?;;it, �;tiC'�li �tS�>?: �sli�lt�<P"?`� �i1�Ci a��3.i �'li3l�s,�<�� ,l w Section 23-618. HOLDING PERIOD. Anv item burchased or accented in trade bv a licensee must not be sold or otherwise transferred for thirtv (301 davs from the date of the transaction. An individual mav redeem an item seventv-two f72) hours after the item was received on denosit, excludin� Sundavs and leeal holidavs. Section 8. Section 23-619 is hereby amended in the following manner: i t ��3�.�1�� li��c;��g��? ��n�>��1��:�- ��z�i ��°t��•:icie; a z�,�.�i�t t�:� t��. �Y�,I(�:r �a�' ��:�aa: i��:, :f��zi �:�r��z��, ��.�;z��;r��:� ��c��:l��:�;. ��.�i��z�� f��{.�a ��.�$rx�.� ��sr:t��;t�, �zx;.�� tl��t�: ca#` l a.'P!'t:��i: �3�:a��t��• ��t� ��l=;T� [F�. '�'1��: <�c�.��°c.�� te.l��c��.: r1��n�?�:r t>l't��: h�s��,;�:. [c. �'1��; c��ti�; ��c� ti��c: ��:�a�3��a� �aiz��:.,-��::>�: tr�z��:��;t:ic�n;] I i [ti., r�a t;(,72�1.��-�t.' <;tilil i�L:�:�i("i3��° C�.t'�£`i°l�?1:iC�i7 ��t1�'• i��'.iz?`� �}�a;i�£'�1c��s�;C� l;l�`�l1di.�T'z�.� iTl€?i�(:.� i,i�ii� �;�-I°Izia. t�..€i:I"I��;I" I� Sl1C��t;G�LE'{� �}Sl l�"l.f; �T`{3�:)fi.'.i'�t-:,l ��.��1�' �7t.1�°«,.�"i�253�['°�� id.�P1_�:�LfI'r�. J i�� t�:�:�:ic;��i:��,t� ��..z��.c•. �t:��t�. ��:1 �<>;;�te: t:�-��; c�:I` xci��t:ifi�:.�ztit�t� i.c1c:�� 1:�� t�� ;�(l�.r.] ��:�t ,iit=}�� th�, 1� ��t��?r� i��.:1��1i�.��j ��°c�� z��t� 1��:,i�l�t, z��=�. �°£��;c.,� [l.. .��t�t ��ci c?�° a�x��;c�.] �.�9C:,' t21£I('.�P'I.l�' C�Z�;3�E', ti11U t�t�1t3L2111 ti�.li;', GI?2i:� 1�3t; t7"1t�.t;I�1�� 1t�.C� <dl7.i�C1.`s�s� ll3l�ti';�� i`cllc.'S. irz.�;�c�cli�:�<-f ��:�1 i��;:� xs:�ic� �1�x��r:;;.� ORDINANCE NO. <.�c��.i�:i��:�. �"��1��-��ir.�� t��t�.��r��Mrxt.�; 41��.�� t�ir�t�c:{ ��z� �-�c;��,�:� I �i. ":�,�r ��r��rt.� ��c.:� k�. ��r��r��i��z��>�cc:_r ��it��is� i.��s�; �f:��:�: ��:�;i t�> ��1�: c,r c��f;��u:S i��c�� (°��=ws� r�c� �s.z��.r�i: ��c�c c�n. '��C v%�;L`t.�t4t1$ �.�?.t` �3 p��,; li.1C� �}a l�t�a ��;;�s�s $�iE�t1 C��3� 4 ��l�i� :�1C �r�t� �3� C�3.�. �`7ii`i�'t� �1`z°11�ii1Ci3{3I7, iC'I7�.��.ii'l. �.�'iL`I7°�1�3�1: °�f:� '�I1S"�:.�1€:1" �1C7�It;�:: t:; I`�t.t,�..'s:°�ifil`�'. r��3 i�17��,��r.� �E�� t��_� ��i�.��.��:�� t�� €°��x�� I��#��6 .:..x��>;��, K i..��. ��a:��.'��)C" ��l;i 1�:12a �:it�:%,��;; t��'sta l"z.i)I �1�)�Z�'>1. :t1 �1c1:� .t?.�,' �z�::t1.�i C?l:° t;�';�E'71��'.="��.1 �a'�L+ia'i^�� lt, EiT:t��. E�`I� �3�ct�.i,>,�9i` �i�t:s'�I�. t`l�?:�ii IF7 ��i` ��i�r�t1. ff� �,k.k.�: �.L'i'��..L�.. I �•��...��r�<zI�?�: t��: k�l�.�i��r t�� x:��:�;�i ��ze: r��c�i.��t ��G��. ��:�•ti�� ic��t��i�;�� i�� -t�x�� .��c� �a��t:�r:i��:�� as�tl�t)TI?`��it{:�T°� 1�? T�;�i.�',s�t'Yl !�`�s' t�t'�:)��£.':t�i :t�,��,I��1�1�;i.� II1 ��1� t'c;-C:�.1�7�, ��1" £i ��x�ti�i�� i�� Y��i�� t�� -�I��;F�° d�i t�r��; i��t��I �1:��.� ��r�� ,i�;�:�� l�z i��c ��lc��°, ��'z°i�.i�� t��i�:�� :c:$r ��=c��k�°��- ��wc.>r�� c:�t��° t(�G��a t��; �:�ri�;i��;:�! ��.r�r ��x��;� �:��<.i�ac ��l�:�r�� i1:i� tl�� ?ri�;i��;�� ;��;ti�� r��:ci:f��ci."] Section 23-619. RECEIPT REOUIRED. Everv licensee must nrovide a receint to the partv identified in everv renortable transaction and must maintain a dublicate of that receipt for three (31 vears. The receint must include at least the followin� information: a. The name, address. and telenhone number of the licensed business. b. The date and time the item was received bv the licensee. c. Whether the item was nawned or sold. or the nature of the transaction. d. An accurate descrintion of each item received includin�, but not limited to. anv trademark. identification number, serial number, model number, brand name, or other identifving mark on such an item. e. The si�nature or uniaue identifier of the licensee or emplovee that conducted the transaction. i f. The amount advanced ar paid. The monthlv and annual interest rates, includin� all nawn fees and char�es. I ORDINANCE NO. i h. The last re�ular dav of business bv which the item must be redeemed bv the pledgor without risk that the item will be sold, and the amount necessarv to redeem the bawned item on that date. i. The full name, curren t residence address. current residence telebhone number, and date of birth of the nledeor or seller. i. The identification number and st t a e of issue from anv of the followin� forms of identification of the seller: 1. Current valid Minnesota driver's license. 2. Current valid Minnesota identification card. 3. Current valid nhoto driver's license or identification card issued bv another state or province of Canada. k. Description of the bledgor or seller includinE sex. race, color of eves. color of hair, anproximate hei�ht and wei�ht. 1. The si�nature of the pledgor or seller. m. All nrinted statements as reQUired bv Minnesota Statutes, Section 325J.04 Subd. 2, or anv other annlicable statutes. Section 9. Section 23-620 is hereby amended in the following manner: �4��:t�� t�"�tt. ��..,��`�a ��3��. If` �a !'it." 1�{,Ii�:.€° ��i�;�:• ��r ��t��€:�• is��:�� ;rt�c��c�°°�r��;r�t ��ffi��;r :��t�:��:4 �1��-r ��z€.�t: t�. -��;i� i��.�� t1�e ii�Y�;� �r��:�� t; l�e; ��:1� r�r t•�.r.�,c��-��:� �::r�:�� t�e [ic,�.��c� �?��.kr��i��:� ��:��I $��i.��};i;�:�;�.� �si �°�lc.G��:�wtr:l t��a ��€��:ic.e; �.�z cc��t�°t: c�rc��;�°. `�G�:ici r��i�i�.��€c.�r�. ��'�c��( ��c��I� i�$��=��t� 1°}� €�r��° ��t��i�� }t�s�t��;�� 1�} c�a��; �;�Yti�r�<�, t1�� t�::��s t;� ��-1� a��.� ti�� a��:� ti� �r�°(��.� Section 23-620. POLICE ORDER TO HOLD PROPERTY. Subdivision l. Investi�ative Hold. Whenever a law enforcement official from anv a�encv notifies a licensee not to sell an item, the item must not be sold or removed from the bremises. The investi�ative hold shall be confirmed in writin� bv the ori�inatin� a�encv within seventv-two (721 hours and will remain in effect far fifteen (151 davs from the date of initial notification. ar until the investigative order is canceled. or until an order to hold/confiscate is issued. nursuant to Section 23-620, Subdivision 2, whichever comes first. ORDINANCE NO. Subdivision 2. Order to Hold. Whenever the Citv Mana�er's desi�nee. notifies a licensee not to sell an item, the item must not be sold or removed from the licensed t�remises until authorized to be released bv the Citv Mana�er's desi�nee. The order to hold shall exnire ninetv (901 davs from the date it is nlaced unless the Citv Mana�er's desi�nee determines the hold is still necessarv and notifies the licensee in writin�. Subdivision 3. Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the Citv Mana�er's desienee mav: a. Phvsicallv co�scate and remove it from the shon, nursuant to a written order from the Citv Mana�er's desi�nee. or b. Place the item on hold ar extend the hold as provided in Section 23-620, Subdivision 2, and leave it in the shon. When an item is confiscated, the person doin� so shall nrovide identification upon reauest of the licensee. and shall nrovide the licensee the name and nhone number of the confiscatin� a�encv and investi�ator, and the case number related to the confiscation. When an order to hold/confiscate is no lon�er necessarv, the Citv Mana�er's desi�nee shall so notifv the licensee, Section 10. Section 23-624 is hereby amended in the following manner: `��;�:-ti��;� l�l��I-�i��1�:;�� s��'�'`�.�;�v'�:� `�I�:�°'�s�t��..� [`��1��.i�e-z�;�c>�� 1. ��f�r��: �r�s�<�z° t��t ��t ��1I. fi.�r� a�i��t t�� f�. �c�fs��;; ��-itl� ��§�':(?�?�"i`.�i.'�', ��"sx"�?i�;.C,� �`S2`s:€e' 11;?t l`t:t �..14 �t'ri3ts.v �T°�it.�"�. 3T'�3.1?E?:�'.� [`�tt��3� I`�1�,3:f1 �.,��1L1�� ?ctl�T3�?t'()�i.�:t' IT3i3� A1.C��:B`E�`.i�11%(.'. G23"��' �xi?L}�.a5 �$`C31."I.1 Fi'�:�s:.',C;if:)S1 4):�� til"l��)I.i€7�f X11,I�4i $37" �$�I I:"tltr'"�it`�I��;£� �?(;I"'aC}I1,] ��{��xi;�ic �c��;��fi� �ti�,t';� ��-i�l��1t�;r r��;�:�� :��i�_ �a��1�.�� il�e ��Il�:� �c1��t�tii�::s�.�ic�� i�� €:I�� f'�� c�i� �Az�iu �ici�r� c�� lit�;r��: t�� :�1`fici;z[ �>=��c ��tc� icic,t�ti�i��ti��, ��t�� `�t��t�:� ��:,��art t�� €rzi��ta�-�� I.I�,] �°�t�}��.�� i;;it>z� �:)��i:��; �,�r�;c}�� r�a� ��11, c�r �.c.��;:ii <��y�� s��°t��;l� ,e�°��. ��:��t r��}t� t��ae�r a?��:�ti.� ORDINANCE NO. ��3�.,�i 2- �.i°5.��£A i.?j r h �t:�, �i�.t�.�tc;;. z..>I��€i�� i:��:cz�>�>�� `�t:�a�:��,�, �.:��t�,: ;?�:1. �s a ��16�t?��. a�=��;��t�:�:,� Section 23-624. PROHIBITED ACTS AND SIGNAGE. a. No nerson under the a�e of ei�hteen (181 vears mav nawn or sell or attembt to pawn or sell �oods with anv licensee. nor mav anv lieensee receive anv �oods from a nerson under the a�e of ei�hteen (181 vears. b. No licensee mav receive anv �oods from a nerson of unsound mind or an intoxicated nerson. c. No licensee mav receive anv eoods, unless the seller bresents identification in the form of a valid driver's license, a valid State of Minnesota identification card, or current valid nhoto driver's license or identification card issued bv the state or providence of residencv of the nerson from whom the item was received. d. No licensee mav receive anv item of nronertv that nossesses an altered or obliterated serial number or oneration identification number or anv item of pronertv that has had its serial number removed. e. No ners on mav nawn. nledse. sell, consien, leave. or det�osit anv article of propertV not their own: nor shall anv nerson t�awn, nled�e, sell, consign, leave, or denosit the �ronertv of another. whether with permission or without: nor shall anv nerson nawn, nled�e, sell, consi�n, leave, or deposit anv article of nronertv in which another has a securitv interest; with anv licensee. No nerson seekine to nawn, nledee. sell. consi�n, leave, or debosit anv article of nronertv with anv licensee shall �ive a false or fictitious name: nor �ive a false date of birth; nor �ive a false or out of date address of residence or telet�hone number: nor nresent a false or altered identification, or the identification of another: to anv licensee. [�u��i�� i�ic>�� Signage: A sign must be conspicuously posted on each licensed premises that is not less than four feet square in surface area, comprised of lettering not less than 3 /4" high stating the following: To pawn or sell property: A. You must be at least 18 years of age. B. You must be the true owner of the property. G The property must be free of all claims and liens. D. You must present valid photo identification. ORDINANCE NO. E. Violation of any of these re uirements is a crime. q F. All transactions are reoorted to nolice denartment dailv. Section 11. Section 23-625 is hereby amended in the following manner: Section 23-625. LICENSE DENIAL S USPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the City Council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons: [f�. l �;e.' ��.(sa�'�t�ix� C�� i1°� �,El>stla�; a�: 3,:a �t�t�:��4`�.'� �v1I:�� i�� "�?:d`§�S <:`s.�� 1;�; w?S°�:�:� I <l [d'=, i a➢ ��:1 f,l.t_�. ��t�.,r��:.��,�; (�1 �°{:�°�1��.`t>G:�: 1y le.�`"=. :��1� i';t �t�T�:i� ��L�.�'��:t��;:, �i.:�'i1't��l�s'�il�:,, ,�.Y.ri:�i�cs a,;=i~ (s�'� i�,.,c t'ii�?�l ��Is§ C3?"��lltie`a:37.4`t :.z" li��'':) G,. l �d(:` ��.:t?�a�:4' �72" ��"3w: �:>t�,`iz�� it� a t t �,r tg y� s �y 3g 9..e. �ia.�,t �.�3 �'t.33A SI Z�r'�C�i! CrTi: ��a&31Lss<$lx..g ��3= ��'i`:�l�s. c3�7�'?.�l �;:3€:i�l �;��I?1'.�'Idi�:;� �1x ��1�t3tie� �Cl`o ��t� �IC�„?�:�C;� �l«�?:� :�:�i:i��;C� �£Ji13�3�' �'t'i�:il. C�I7.�: :t?'t{l�.�. ��`C1� I41�)T1� t).�� 1:k`� :ii,i,':l;.i;�:�� £.3t. cil�t`S `�3t��ib.fL�. ildl�', i.li° t31"t�zC�zLll�°f: j�t�t"�,�?tlI�1.1S? �}T{.' �.lRl�3.(Tl.�'„`�"�< �?S. �sG1t�t�.1.�i°t?�,£:.I,l I"'<a�.l%� `13_I`i['«g��°�>�'.Tl��.�1'.:�I'i tl?:" �?:t'1�� =.T'ti' !�t �;G.'C:`l':l`�t�f.? Gi ziL,�' '�r::al �'�"�:1I.�C�. t'111�2"�;�"��s�;��'I"I�;il.�;tt?# i:g; �<l��±t:', 4�;'e§.��71i�d1:;S ?7��; �i`1 ��3�' i'(i11€°;��:' C`?i $�1�. :��:r�)�I:;si�il`'� �1�;>;.T'i�*;�;;��] �'.'��'iJ�.:�.� C��.;' �C.i� ��?.��{.r5.��..�°5d�}�1�;± ��z I.i4�t�.� �1��. S�GS;r �.i4��.� L; �.�f t`3i..€�C�..t l:�;:t�f;`°<�.� i.`civ�,` ;°��.a1�31?� IC;C:�itaSlt,^'' �S�C)�t,'-IT �3tt)�7�;t`�:�, t?��:i�€')P�:::17 �3�t��wa'"�`e` ():f` £,�.rt ��;i"�}I�� ;'si,l7��i=.Il(.€ ti, �"tl'..� F, ��;�}�'a� =<�1�:"Dc3ts�; d;t �7'i�."i�ic� 9u` ��S ��?st�.3�'t"�:t` ��?t�;x"£tl�{)if €tl� zt IiLI�IIt�.�';>�, ��.s ;I�"3"s �;'i� c3i` €.71"t:a�z.l.Gik"li:�E !"��li� sii;3ww? C?t.��si=lt,�;� (:3:� �?<�i-r?"?�)"="C)��;� t°., a. The nronosed use does not comnlv with the anv apblicable zonin� code. b. The nronosed use does not comtilv with anv health, buildin�, buildin�, maintenance, or other nrovisions of this Code of Ordinances or state law. c. The annlicant or licensee has failed to comnlv with one or more nrovisions of Sections 23-601 through 23-630. ORDINANCE NO. d. The annlicant is not a citizen of the United States or a resident alien. or u non whom it is imnractical or imnossible to conduct a back�round or financial investi�ation due to the unavailabilitv of information. e. Fraud, misret�resentation or briberv in securin� or renewin� a license. f. Fraud, misrenresentation. or false statexnents made in the apnlication and investi�ation for, or in the course of, the aunlicant's business. Violation within the nrecedin� five (51 vears. of anv law relatin� to theft. dama�e or tresnass to nrooertv. sale of a controlled substance, or oneration of a business. h. The owner of the premises licensed or to be licensed would not aualifv for a license under the terms of this section. Section 12. Section 23-626 is hereby amended in the following manner: Section 23-626. REDEMPTION PERIOD. :�'�=��t�� l�c� ��a.��;� �i�� a��i 1��r�; ;a� Ie��:�� c��;> �:s� i} �t=��s� i� �T�� ;��I�1, ��;c��i��t�a E�� ;f4f�;�:t t�i��€�z�t°�w��::�r��~�t:g�a.€ ��I! ��t1��r��-is� ��e: ;�:��,-e;�°r�ar::� ?�-�i:��.,2�� tai��t�;;. �°��a�t�.r Any,berson pled�ine. paWnin� or denositin� an item for securitv must have a minimum of ninetv (901 davs from the date of that transaction to redeem the item before it mav be forfeited and sold. Durin� the ninetv (901 dav holdin� �aeriod. items mav not be removed from the licensed location excent as brovided in Section 23-606 Subdivision 2. Licensees are brohibited from redeemin� anv item to anvone other than the nerson to whom the receint was issued or, to anv person identified in a written and notarized authorization to redeem the pronertv identified in the receint, or to a nerson identified in writine bv the nled�or at the time of the initial transaction and si�ned bv the nled�or. or with annroval of the Citv Mana�er's desi�nee. Written authorization for release of brooertv to nersons other than ori�inal pled�or must be maintained alon� with ori�inal transaction record in accordance with Section 615 Subdivision 1(il. Section 13. Section 23-627 is hereby added as follows: Section 23-627. INSPECTION OF ITEMS. At all times durin� the terms of the license, the licensee must allow law enforcement officials to enter the nremises where the licensed business is located, including all off-site stora�e facilities as authorized in Seetion 23-606 Subdivision 2 durin� normal business hours. excent in an emer�encv, for the nurpose of instiectin� such bremises and insnectins the items, ware and merchandise and records therein to verifv combliance with this section or other at�nlicable laws. ORDINANCE NO. Section 14. Section 23-628 is hereby repealed as follows: �`S�.c°ti€�:�� I�I��'�:;�. �'��.)I��;. .t��io �;�:�i�.c i?i`�i�;�:r fi �?,��e��I�� ,�;i�,��€�te.� ��1��e� c�f' t `��r �.�r t.i�� a��t�: c�t`��3�r��t:at�t.�� 1�.r ��i�c� ��a°�� €�;,��,�;5 �r��i�;�� r�c��:r tl=�i� :��.ct:%€:>r�, c��° ��i;� �:t€>�.t�€�� t��; lic�Lr�=��:�. ��ar�� s:��°r�:�x��. ��ir��s� 1�i.��:s, ��-�.��g��1 <a ��;�r� �t��ry E��; �-�t��°��;�: ��f��r��Ci��i�: �>r��,�s�� :�t� ��f,; r�°.c-�?��1�; ��i�.�<.� il��a•��.� Section 15. Section 23-629 is hereby renumbered to Section 23-628. Section 16. Section 23-630 is hereby renumbered to Section 23-629 and amended in the following manner: Section 23-6[��29. SEVERABILITY. If any part of Sections 23-601 through 23-630[1] shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of said sections. Section 17. Section 23-631 is hereby renumbered to Section 23-630 and amended in the following manner: Section 23-63 1� 0. PENALTIES. Any person violating any provision of Sections 23-601 through 23-630[� shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. Section 18. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2004. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Office of the City Clerk City o f Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutsan, City Clerk ��/j,Q� DATE: July 21, 2004 SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances of the City of Braoklyn Center Relating to the Licensure of Pawnbrokers At its June 28, 2004, meeting, the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 23 of the City Ordinances of the City of Brooklyn Center Relating to the Licensure of Pawnbrokers. The second reading and Public Hearing are scheduled for July 26, 2004. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on July 8, 2004. If adopted, effective date will be 30 days following its legal publieation, September 4, 2004. Materials that were included in the June 28, 2004, Council agenda are also attached. Attachments �1 Shingle Creek Parkwa .Y Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org O �pOKLYN CENTF BROOKL�N CENTER POLICE DEPARTMENT POLICE MEMOR.ANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: June 22, 2004 SUBJECT: Automated Pawn System (APS) I am requesting approval for the Brooklyn Center Police Department to become part of the Minneapolis Automated Pawn System (APS) to improve efficiency with the City's compliance and regulation of its pawn system ordinance, as well as eliminate expenses incurred by our current pawnshop information processing. The Automated Pawn System is a proprietary pawnshop identification and tracking system developed by the Minneapolis Police Department. APS consists of the collection, maintenance and storage of detailed data submitted daily from local pawnshops throughout the metropolitan area (as required by ordinance). Access to the APS allows law enforcement agencies to: Inquire and run reports. Download data in compliance with regulatory functions and licensing. Collect intelligence information used to regulate pawnshops within their city limits. Collect data on all pawnshops within the APS an invaluable tool for solving property crimes. APS is currently operating within foriy-four metro county sheriff departments and agencies in communities surrounding the City of Brooklyn Center (Attachment 1). A number of additional agencies have requested APS Service and Software License Agreements (Attachment 2). Second- hand stores may also become part of the APS. Several suburban communities that do not have pawnshops are APS subscribers with read-only access because of the valuable intelligence information it provides. The primary benefits to Brooklyn Center becoming part of the APS would be: Recovery o� 15 hours expended weekly on our current process. An estimated annual result of $17,064.00 in revenues. Quick access of up-to-date intelligence information. Elimination of errors. Pawnshop Time and Cost Comparison Current Automated System Pawn System �Sta��'T7me�* v r �$�rs��'k ��'sl� �Revenues �Revenue generated from pawnshop license fees $12,000.00� $3,000.00� �Revenue from Transactions $30,000.00� Total $12,000.00� $33,000.00� Marginal Costs MPLS Annual Connection Fee $516.00� �LOGIS Annual Fee $420.00� $42Q.00I �Per Transaction Fee $15,OOQ.00� Total �420.00� �15,936.00� INet I $11,580.00� 17,064.00� *Under our current system: 13 hours (Detective Karris), and 5 hours (Dispatch). Under the APS: 3 hours (Detective) This figure represents the $2.00 fee Brooklyn Center would charge pawnshops. The City of Brooklyn Center would pay MPD a$1.00 fee on every transaction. There is a one-time fee of $1,500.00, which includes: Technical support, Access to all equipment and information available through APS, and Training for two staff inembers at Brooklyn Center Police Department to become on- site APS coordinators. Under our present process, Detective Karris spends approximately thirteen hours a week processing pawnshop data, checking pawnshop records from other agencies, checking APS information with Minneapolis, and processing teletypes from other police departments. Brooklyn Center dispatchers spend approximately five hours a week running computer checks to determine whether or not property is stolen. Information provided by the APS is available daily as a printout of items with serial numbers (including NCIC coding thereby eliminating the time spent identifying each item, looking through 1,300 codes, and manually coding each item). The current system is a modified database program with limited capabilities, and has no means of correction or notification of errors. The APS detects errors, and the pawnshops are notified. The pawnshops are then required to correct the errors and resubmit the data to the APS. This would eliminate the time needed to manually check every pawnshop ticket against the printout. Since we are a LOGIS customer, we would receive communication to APS through the existing frame relay connection used by Multiple Jurisdiction Network Project. This will eliminate the need for a direct modem connection to the Minneapolis Police Department. The ongoing monthly charge from Minneapolis to run two concurrent connections of APS would be $43 a month ($516 annually). The LOGIS fee is estimated at approximately $35 a month ($420 annually). Currently, the City of Brooklyn Center charges $12,000 a year for a pawnshop license, which is the only source of revenue received. Most jurisdictions participating in the APS system, however, have lowered their license fees to approximately $3,000 annually. The $9,000 difference in revenue under the APS scenario would be recovered by charging a fee for each transaction conducted by the pawnshop. Law enforcement agencies have added a per-transaction cost for regulation and compliance monitoring. The pawnshop dealers are billed accordingly. (I recommend the average $2 fee per transaction). There were over 15,000 transactions conducted in Brooklyn Center from July l, 2002 to June 30, 2003. Thus, $30,000 from transactions could conceivably be generated with an additional $3,000 received in pawnshop license fees. However, the Minneapolis Police Department invoices law enforcement ageneies that are part of the APS at a billable transaction fee rate of $1. For 15,000 transactions, $30,000 would be generated in revenue, with Minneapolis and Brooklyn Center each receiving $15,000. Once the city council approves this initiative and a signed agreement is in the hands of MPD, it will begin the process of getting BCPD on-line. The process is as follows: 1. Signed agreement with $1,500.00 connection fee. (New User Information and APS Store Information forms are needed at this time.) 2. BCPD can query data within two-three days. 3. Pawnshop is given a 60 days notice as required by the city ordinance. 4. MPD creates a new store book for pawnshop. 5. Training sessions (two) are scheduled for BCPD officers within 2-3 weeks of coming on board. One session is 3 hours and is an introduction course for detectives who will use the system. The second session is 4-5 hours and is for the detective/officer who will administer the system. The pawnshop has already paid its $12,000.00 fee for 2004 and it is expected that the BCPD will go on-line with APS mid-year. Still, it is recommended that BCPD implement the billable transaetion fee of $2.00 per transaction. The BCPD spoke with the management of Cash N Pawn and they are in agreement with this proposal. Cash N Pawn intends to pass the $2.00 transaction fee onto the consumer. Also, as stated previously, there were 15,000 transactions from July l, 2002 through 7une 30, 2003. This amounts to approxirnately .80 per transaction under the current sysfem. If the average transactions bear out over the six month period, the city will have taken in approximately $15,000.00, $7,500 which will go to MPD, leaving a balance of $7,500.00. SB/bg Attachments: Automated Pawn SystemTM Service: Jurisdictions (June 2003) Automated Pawn System (APS) Service and Software License Agreement (07/02/03) and Fees Draft of Revised Pawn Ordinance Automated Pawn SystemT"' Service June 2003 Jurisdicttons that have requested Software Jurisdictlons that have signed License and Service Software License and Service Agreements Aareements Alexandria PD Alrport PD Mlnnetrista.PD *'Anoka County SO •Moka PD New Hope Bayport PD Apple Valley PD Orono PD Beltrami County SO Belle Plaine New Brighton PD *•Bemidji PD 'Blalne PD New Praque "Brooklyn Center PD 'Bloomington PD "Owatonna PD Plymouth "'Cloquet Brooklyn Park PD Prlor Lake CambNdge PD •Bumsville PD *Ramsey County Sheriff '*Faribault PD •Carver County Sheriff *Red Wing PD '"'Duluth PD Champlin PD "Rice County Sheriff '"'Eau Claire WI PD Chaska PD •Richfleld "*Fargo ND PD *Chlppewa Falls WI PD -*Robbinsdale PD '*Grand Rapids Chisago County Sheriff *Rochester PD *'Hutchinson PD Columbia Heights PD 'Roseville PD Nicollet County SO 'Coon Rapids PD Savage Northfield PD Cottage Grove PD •Scott County Sheriff Mankato PD �rysta! PD 'Shakopee Maple Grove Dakota County Sheriff Si6ley County Sheriff McLeod County SO Eagan PD So. Lake Minnetonka PD Mifle Lacs SO �den Prairie PD •St. Cloud PD Minnetrista PD Edlna PD "St. Louis Park PD "Moorhead PD Elk River PD •St Paul Olmsted SO Elko-New Market *Spring Lake Park PD Pierce CO WI SO Fillmore County Sheriff Steele County Sheriff "'Ramsey PD *Frldley PD Unfversity of MN PD Rosemount PD Goiden Valley Washington County Sheriff '*Sherburne SO *Hastings Police Dept West Hennepin Public Stillwater PD Hennepin County Sheriff Safety White Bear Lake PD 'Hopkins PD •West St. Paul PD *Isantl SO 'W�lght County Sheriff Jordan PD Lakevflle PD LeSeuer County Sheriff Lino Lakes PD Mapfe Grove PD Meeker County Sherlff Mendota Heights PD 'Minneapolis Minneapolis Park Police MN Dept of Corrections Minnetonka ConMbutlng jurisdlctlons Data contributor /adinance pendinp cklocume-1l�karrl-1.broUocals-1ltemp�gvwfeweriaps subsc[ibers 603.dx AUTOMATED PAWN SYSTEM (APS} SERVICE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this day of by and between the City of Minneapolis, a municipai corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor; and the City of a municipal corporation in the County of State of Minnesota, hereafter referred to as the City of or Licensee. WHEREAS: The Minneapolis Police Department utilizes a computerized pawn shop records system (APS Service or AUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department; NOW, THEREFORE, in consideration of the convenants contained herein, the parties agree as follows: ARTfCLE I: Definitions Terms defined in this Article I, and parentheticaliy elsewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or plural. "Agreement" means this Agreement and its Schedules and Exhibits, which are incorporated in, and form an integral part of, this Agreement. "APS SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" refers to the proprietary pawn shop identification and tracking system developed by the City of Minneapolis including software, documentati�n, and enhancements. The Automated Pawn Service System consists of computing services, information-related services, software, information and other content provided by the City of Minneapolis, as well as access to APS content provided by parties other than the City of Minneapolis (collectively "Acquired Material"). "Content" means pawn shop transaction records, data and information available on the APS Service. Data Contributing Licensee" means any Licensee which licenses and regulates pawnbrokers or secondhand dealers, and requires them to submit specific information related to specified types of transactions, daily, via dial-up connection to APS Service central data site. 'Bnhancements" means software programs and sub-programs in addition to the Software described in Schedule 1. "Query Only Licensee" means any Licensee which does not license or regulate pawnbrokers or secondhand dealers. ARTICLE II: Software Delivery and Installation The City of Minneapolis shall deliver to Licensee APS Service software in accordance with Schedule 1. Licensee shall have the responsibiiity of software installation. c: \winnt\profi les \hardym m0\desktop\ag reement. doc 1 ARTICLE III: Title and Risk Title to the APS Service software, including the ownership of all copyrights, patents, trademarks, trade secrets and all other intellectual property rights subsisting in the software, documentation, enhancements, adaptations, and any modifications thereto shall at all times remain with the City of Minneapolis. ARTICLE N: Payment Payment of the License and Use Fee shall be in accordance with the provisions of Schedule 2. ARTICLE V: License Terms SOFTWARE LICENSE Subject to the terms of this License Agreement, City of Minneapolis grants to Licensee a non- exclusive, nonassignable and nontransferable license to use and display the software provided by or on behalf of City of Minneapolis for purposes of accessing the APS Service on any machine(s) of which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by City of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this License Agreement is void. LICENSEE RESPONSIBILITY. Licensee shall be responsible for all access to and use of the APS Service through Licensee's account or password(s). ARTICLE VI: Licensor Warranties and Limitations of Liability LICENSEE EXPRESSLY AGREES T HAT USE OF THE APS SERVICE IS AT LICENSEE S SOLE RISK. NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS WARRANT THAT THE APS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CITY OF MINNEAPOLIS OR ANY OF tTS INFORMATION OR CONTENT PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE APS SERVICE. THE APS SERVICE IS DISTRIBUTED ON AN "AS �S" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPUED, INCLUDING BUT NOT LIMITED TO WARRANTfES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE LICENSE AGREEMENT. NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL c:\winnt\profi les \hardym m0\desktop 1ag reement. doc 2 I� BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED. ARTICLE VII: Termination and Modification MODIFICATION OF THIS LICENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapolis may modify this license Agreement, including, without limitation, pricing and billing terms. City of Minneapolis may discontinue, add to, or revise any or all aspects of the APS Service in its sole discretion and without notice. TERMINATION BY LICENSEE. Licensee is free, if City of Minneapolis modifies this License A reement the AP 9 S Service or rel pricing or billing terms, to immediately terminate Licensee's account and this License Agreement ted Licensee may otherwise cancel this License Agreement, without cause, with a thirty (30) day written notice. Licensee shall carry out any termination in accordance with the method or methods established by City of Minneapolis. TERMINATfON OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate the Licensee's account and this License Agreement in the event of any breach of this Agreement by Licensee or a user of Licensee' account. City of Minneapolis reserves the ri hts in its sole discr 5 etion to termina te the Licensee s account and this Lieense Agreement at any time or to suspend (with or without notice) or terminate access to or use of the APS Service, in whole or in part, with respect to any Licensee (and/or with respect to any user of Licensee's account) at any time. CONTINUATIONS OF OBLIGATIONS. Notwithstanding any cancellation or termination of this License Agreement or any account, or any suspension or termination of access to or use of the APS Service Lic ensee will remain res onsible for an obli a P y g tions then accrued, including payment of any charges that may be due as of or m connection with such actions. ARTICLE VIII: Use and Assignment LIMITATION ON USE OF CONTENT. Except as expressly permitted in this License Agreement, neither Licensee nor any user of Licensee's account may reproduce, distribute, transmit ublish or otherwise tr p ansfer or commerciall e y xploit any content received or accessed throu h the APS Servi 9 ce. ILLEGAL PURPOSES Licensee agrees not to use the APS Service or any of its elements or related facilities or capabilities to conduct any activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation or legal obligation. c:\winnt\ rofi les lhard m m01 P y desktop \ag reement. doc 3 LIMITS ON TRANSFERS; OTHER �IMITS Unless otherwise agreed in writing, Licensee's right to use the APS Service, or to designate other users of its account, is not transferable and is subject to any limits established by City of Minneapolis and provided to Licensee in writing. ARTICLE IX: Entire Agreement This agreement, as well as the additional materials specificaily referred to herein as being a part of this License Agreement, constitute the entire and only agreement with respect to the subject matter hereof (collectively, the License Agreement") between City of Minneapolis and Licensee. This License Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing this Agreement, Licensee agrees to the terms and conditions of this License Agreement. ARTICLE X: Governing Law; Severability This License Agreement is made in the State of Minnesota. This License Agreement and all of the parties respective rights and duties in connection herewith shall be governed by and construed in accordance with the laws of the United States of America, and, excluding conflicts rules, of the State of Minnesota. Any cause of action of Licensee, or by users of Licensee's account, with respect to the APS Service or this License Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. C�TY OF MINNEAPOLIS By: �.t.r�,. .t_-,.� Mayor Q By: Chief of Police or Deputy Chief of Police Countersi4ned: Finance Officer Approved as to Form Assistant City Attorney c: \wi n nt\profiles lhardym mOldes ktop \agreeme nt. doc 4 SCHEDULE 1: APS SYSTEM AND OBLIGATIONS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the installation and usage of, and access to the following components on the Licensee's equipment: 1. APS Service client software and relevant enhancements (supplied on distribution diskettes, or via the APS Service software distribution files located on the licensor's computer network). 2. APS Service documentation (Help files) included on the APS Service client software. 3. APS Service oriented user documentation. in addition, Licensee is granted access to the following services as authorized in Schedule 2: 1. Access to the APS Service central site database via network or dial-up connection as authorized b the APS Service administrator. y 2. Access to APS support staff by Licensee's APS Service Jurisdiction Administrator for operational questions related to accessing the service via network or dial-up connection. Use of Contents Neither Licensee nor any user of the Licensee's account may reproduce, distribute, transmit or otherwise transfer any content received or accessed through the APS Service except as required, and legally allowed, in the conduct of authorized investigations of criminal activity, or verification of compliance with appficable operational laws and regulations by pawnbrokers, secondhand dealers, or precious metal dealers. Ancillary Equipment Licensee is responsible for acquiring and maintaining all telephone and computer hardware and services necessary to access and use the APS Service via network or dial-up connection. APS C{ient System Requirements: Workstations must be capable of connecting to the APS central server at the State of Minnesota either by dial-up or permanent network connection and must be running Windows NT 4.0, Windows 9x, Windows Me, or Windows 2000. The minimum system requirements for running the APS client are an Intel Pentium 300Mhz (or faster) with 64 Mb RAM, VGA monitor with 800x600 resolution and 256 colors, and a 56k baud modem (if a permanent network connection is not available). Operational Responsibilities Every Licensee is responsible for the following: 1 Installation of all hardware com onents P p C operating software, networking software and APS Service client software. 2. Designating an employee as the APS Service Jurisdiction Administrator. (See Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3. Designating an employee as the APS Service InvestigatoNUser Trainer. 4. Assignment and administration of appropriate user codes and passwords to authorized users of the APS Service system within its jurisdiction. In addition, every data contributor Licensee is responsible for. c: 1wi n nt\profiles \hardym m0\des ktop\agreement. doc 5 1. Coordination and administration of the addition of licensed jurisdiction dealers who will be sending data via modem to the APS Service central site. 2. Orientation and training of dealers within the Licensee's jurisdiction regarding APS Service dial-up connection process, reporting requirements and error correction procedures. 3. Verification of the electronic collection of pawn and secondhand dealer transaction data as required by the Licensee's applicable ordinances. 4. Manual entry of pawn and secondhand transaction data when dealer(s) are unable or fail to do so via modem as required by Licensee's appficabfe ordinances and APS Service policies. 5. Adherence to APS Service policies and procedures as established by the Minneapofis APS Service Administrator. c:\winnt\profi leg �hardym m0\des ktop \agreement. doc 6 I'� SCHEDULE 2: PAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shall pay all applicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. lnformation on charges and surcharges (if any) that are paid to City of Minneapolis and are incurred by Licensee or by users of Licensee's account will be made available to Licensee, and Licensee agrees that this is sufficient natice for all purposes as to charges incurred and paid or to be paid to City of Minneapolis. COMMENCEMENT AND DURATION OF LICENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapolis) a monthly Licenseeship will continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis. As provided for above, Licenseeship may be canceled by Licensee at any time. The monthly Licenseeship fee shall cease to apply for any month after the billing month in which this License Agreement is terminated pursuant to its terms. PAYMENT FOR SERVICES Licensee wili be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon receipt. if payment is not received within 30 (thirty) days from date of invoice, City of Minneapolis may suspend or terminate this license agreement. FEE SCHEDULES Fees will be billed at either the Query Only Licensee or Data Contributing Licensee rate, depending on which is applicable. Licensees that are initially billed as Query Only Licensees shall receive fuli credit for all setup and training fees If, and when, they become Data Contributing Licensees. Query Only Licensee Setup and Training $240.00 (All training requires and assumes working knowledge of Microsoft WindowsTM.) 1. Establish Licensee's account on APS Service. 2. Two (2) hours training for Licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Three (3) hours training for Licensee's designated APS Service Investigator/User Trainer at APS central site. 4. Additional investigator/user training at APS central site $45.00 per hour, per attendee. Query only licensee access fees utilize the Minnesota Criminal Bureau of Apprehension multi- tier agency ranking structure based on a combination of the population and number of employees. Licensee is a tier agency. 1. Access Fee for Primary Investigator(s)/User(s) Unlimited access to the APS Service for two (2) simultaneous designated users, via a network conn' ordance with th rtions of this Tier 1& 2 A Tier 3 8� 4 A Tier 5& 6 $72.00 Per $54.00 Per on $36.00 Pe c:\winnt\profi les \hardymm0\desktop \ag reement. doc 7 2. Access Fee for Additional Simultaneous Investigator(s)/User(s) for all licensees connected via a network connection, in accordance with the applicable portions of this agreement $36.00 Per Month Per User Data Contributing Licensee Setup and Training $1,050.00 (All training requires and assumes working knowledge of Microsoft WindowsTM.) 1. Establish Licensee's account on APS Serviee. 2. Eight (8) hours training for Licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Two (2) hours training for Licensee's designated APS Service investigatoriuser trainer at APS central site. 4. Additional investigator/user training at APS central site $45.00 per hour, per attendee. Data Collection and Maintenance Fee $1.00 Each Billable Transaction 1. For ur oses of p p this License Agreement, a billable transaction is every reported transaction conducted by a pawnbroker or secondhand dealer in which merchandise is received through a pawn, purchase, consignment or trade. 2. Co�lection and maintenance administration of all reportable and billable transaction information as defined by Licensee's ordinances and received via network or dial-up connection. 3. Monthly billing to Licensee of all billable transactions reeeived, which dealer they were submitted by, and whether they were electronically uploaded from the dealer or manually entered by the Licensee. Access Fee for Primary Investigator(s)/User(s) Using a Netwark Connection N/C Per Month 1. Unlimited aecess to the APS Service for two (2) simultaneous designated users, via a network connection, in accordance with the applicable portions of this agreement. 2. Access Fee for Additional Simultaneous Investigator(s)/User(s) for licensees connected via a network connection, in accordance with the applicable portions of this agreement $36.00 Per Month Per User c:\wi nnt\profiles \hardym m0\des ktop \agreeme nt. doc 8 SCHEDULE 1-A: APS SERVICE JURISDICTION ADMINISTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of APS within the Licensee's jurisdiction. She (or he) is the point of contact for technical and operational questions from Licensee's investigators and pawn dealers (Data Contributing Licensees Only). This person will interact regularly with the APS Administrator at the Minneapolis Police Department (MPD) on issues and questions regarding operations and policy which are system-wide (not just Licensee- specific). Primary functions include: Provide focal point for all APS Service operational and policy activity for Licensee, Provide end user support as a"first call for help" when questions or incidents occur regarding APS 5ervice usage within Licensee's jurisdiction, Maintain dialogue with APS Administrator at MPD for questions and support issues, startup Tasks (All Licensees) 1. Define a process or series of steps to receive, log, process and track APS support calis (e.g. who gets called, what information to take, how to forward or close contact, how to accumulate statistics and track open contacts, etc.). 2. Gain familiarity with APS administrative screens to set up new users. startup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billing functions (Data Contributing Licensees). 2. Gain familiarity with the APS Service upload process and directory structure used for dealer upload files, logs, archived transactions (Data Contributing Licensees). Daily Tasks (All Licensees) 1. Respond to APS support calls. Log contacts, respond or refer contact to APS Administrator (MPD), monitor resolution and ensure requester is contacted with resolution. Daily Tasks (Data Contributing Licensees) 1. Review upload activity from previous evening to ensure all Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether fi{e was successfu{ly processed or not 3. Contact dealers who have not submitted transaction files or refer to Licensee's investigators/regulators for follow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on uploaded data items using APS queries or reports to verify overall data quality. 6. Periodically run queries or reports on categories, items and brands where 'OTHER' is specified. 7. Work with Licensee's police and civilian investigators and regulators to ensure that ordinance- specified data reporting and quality is maintained. 8. Consult with Licensee's investigators/regufators on data quality issues to refer back to dealers for resolution or additional training. Monthly Tasks (Data Contributing Licensees) 1. Receive monthly billing invoice and data from APS administration and generate appropriate remittance. 2. Reconcile/assemble monthly biiling data and generate an invoice for each dealer in Licensee's jurisdiction required to report to the APS Service (Data Contributing Licensees). As Required Tasks (All licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs/inconsistencies so as to improve the service provided by APS. 2. Provide training to Iicensee's users. c:\winnt\profiles�hardymm0\desktop\agreement.doc 10 City Council Agenda Item No. �a MEMO To: Michael J. McCauley, Ciry Manager From: Ronald A. Warren, Planning and Zoning Sp ialist Subject: City Council Consideration Item Planning Commission Application No. 2004- 009 Date: July 21, 2004 On the July 26, 2004 City Council Agenda is Planning Commission Application No. 2004-009 submitted by Frauenshuh Companies requesting a Planned Unit Development Amendment to construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2004-009 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their July 15 2004 meeting and was recommended for approval by the Commission through adoption of Planning Commissian Resolution No. 2004-02. It is recommended that the City Council, following consideration of this matter, approve the application. A resoluti�n approving the application containing various recommended findings, considerations and conditions is offered for the City Council's consideration. Application Filed on 6-17-04 City Council Action Should Be Taken By 8-16-04 (60 Days) Planning Commission Information Sheet Application No. 2004-009 Applicant: Frauenshuh Companies Location; Brookdale Center North Parking Lot Reques#: Planned Unit Development Aendment The applicant, Frauenshuh Companies, is seeking another Planned Unit Development Amendment in order to construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center. This new proposal involves a modification in the location of the building and the drive lanes previously approved in order that they not be required to construct a 3 ft. high decorative masonry wall. A Planned Unit Development Amendment was approved by the City Council on May 24, 2004 for a Dairy Queen Grill and Chill at this same location. That approval contemplated a 3 ft. to 3%z ft. high decorative masonry wall to be installed in the area where a 5 ft. green strip was authorized rather than the required 15 ft. green strip. The purpose of the decorative wall was to offset or mitigate the negative effects of the lessened green strip. The new proposal has factors and attributes which the applicant believes should relieve them of providing the decorative wall which has become an expensive obstacle. The proposed site for the Dairy Queen Grill and Chill is located between the Midas Muffler/Precision Tune property and the Northway Drive/County Road 10 entrance to Brookdale. The property in question is zoned PUD/C-2 (Planned Unit DevelopmentlCommerce) and is bounded on the north by County Road 10; on the west by the Midas Muffler/Precision Tune site; on the south by the Brookdale perimeter road with Mervyn's parking lot on the opposite site of the road; and on the east by the Northway Drive/County Road 10 entrance to Brookdale. The original Planned Unit Development Rezoning to PUD/C-2 and development plan approval for the expansion, redevelopment and rejuvenation of Brookdale Center was approved under City Council Resolution No. 99-37 on March 8, 1999 (copy attached). A Planned Unit Development Amendment for development of the Dairy Queen Grill and Chill as Building No. 2 was approved under City Council Resolution No. 2004-72 on May 24 2004 (copy attached). The current request is an amendment to the May 24, 2004 approvaL As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an alpha-numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case G 2) would apply to the development proposal unless the city were to determine that another standard 7-15-04 Page 1 ar use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process involves a rezoning of land and, therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines that are contained in Section 35-208 of the City's Zoning Ordinance. Also, proposals must be consistent with Section 35-355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35-208 and 35-355 of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for Brookdale Center. The City Council also approved an amendment to the PUD for the original Dairy Queen Grill and Chill proposal. Those resolutions contained the various findings and considerations necessary for approving the PUD and the amendment. For the most part, these findings and considerations were made given the applicant's proposed use and this amendment also is to acknowledge the revised building location and details through the PUD amendment process. Approval of this Planned Unit Development Amendment should acknowledge compatibility with the policy and review guidelines of the previously mentioned Section 35-208 and also the provisions of Section 35-355 of the Zoning Ordinance. Attached is a copy of the Brookdale PUD site plan and the site plan/landscape plan approved on May 24, 2004 for the Dairy Queen Grill and Chill proposal. We believe that the proposed amendment submitted by Frauenshuh Companies can be considered in keeping with the findings and considerations associated with the previous approval provided the reconfigured proposal meets the Commission's recommended approval. The proposed amendment, we believe, can be considered consistent and compatible with surrounding land uses in this area. The development plan amendment being submitted should bear fully the ordinance development restrictions for the proposed development or be offset by factors related to the plan. It also appears that the use of the property in the context of the overall development will be a good long range use of the land and can be considered to be in the best interest of the community. The plan, as will be shown in the site and building plan proposal, utilizes the property in a manner that can be considered consistent with the Planned Unit Development approval granted under Resolution No. 99-37 as amended by Resolution No. 2004-72. That approval allowed a 5 ft. rather than 15 ft. green strip at certain locations where an appropriate 3 ft. to 3%z ft. high decorative masonry wall was to be installed to offset the negative effects of the proposal. This amendment seeks to eliminate the green strip encroachment and thus eliminate the need for the decorative masonry walL AMF.N1�Rn �TTF. ANn RTTTT i�T1�TC� PRnP(��AT The recent proposed amendment comprehends shifting the building to the south thus allowing a 15 ft. green strip between the property line along County Road 10 and the curb line. This curb line would follow the existing curb line for the Brookdale parking lot. It was in this area that the 3 ft. to 3%z ft. high decorative masonry wall was required, offsetting the reduced green strip. Encroachments into the 15 ft. green strip would continue to be requested at the northeasterly 7-15-04 Page 2 corner of the site, adjacent to the Northway Drive/County Road 10 entrance into Brookdale. This was the axea where extensive discussion took place between the applicant and the Planning Commission regarding an appropriate barrier to be provided in this area. A condition of the approval of Application No. 2004-007 was "the garden wall or similar treatrnent should be extended southeasterly along Brookdale's property line to control pedestrian traffic." To meet this condition and to offset or mitigate the reduced green strip in this area, the applicant is proposing to construct a concrete walkway connecting to an existing sidewalk, which in turn ties into the crosswalk at the Northway Drive/County Road 10 intersection. The plan shows three existing wood planters and a concrete planter in this right of way area along with some existing and additional landscaping. The applicant believes this is a sufficient enough visual and physical barrier to meet the previous approval and to offset the reduced green strip. It should be noted that the survey provided with this submittal shows the wood and concrete planters. A review of the site indicates that these are not as formidable a barrier as it would seem on the plan. The Planning Commission must determine what is a sufficient treatrrient to this area to meet the intent of a reduced green strip and the physical barrier to attempt to control pedestrian traffic in this area. With respect to the balance of the plan, it is basically unchanged from that previously reviewed. The north curb line will correspond to the curb line of the existing parking lot. The shift to the south will eliminate approximately six parallel parking spaces adjacent to the perimeter road and an additional curb break will be created in this area. Attached for the Commission's review is a copy of the site/landscape plan submitted under the previous approval for comparison with the newly submitted plans. One point to be noted, is that the building should be shifted approximately 5 ft. further south to meet the 35 ft. building setback requirement. Grading/Drainage/LTtilities, Landscaping, the Building Floor Plan and Exterior Elevations as well as Lighting/Trash are all the same, adjusted to accommodate the shifted building and parking lot location. PR (�(''F.1�T TR F. As pointed out previously, this proposal is an amendment to the Planned Unit Development Amendment previously approved for the Dairy Queen Grill and Chill. As a Planned Unit Development, the proposal is required to follow the procedures required for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent and a notice has also been published in the Brooklyn Center SunfPost. In many respects the plan is consistent with that approved under the most recent amendment with the big questions being the appropriateness of screening, landscaping and physical barrier along the northeasterly portion of the site. It can be argued that because they are no longer seeking a green strip encroachment that the 3 ft. high to 3%2 ft. high decorataive masonry wall need not be provided to offset or mitigate the lessened green strip. However, green strip encroachments still exist between the northeast and southeast corners of the site. For the Planning Commission to recommend favorably, it must determine that the plan offsets or mitigates this encroachment 7-15-04 Page 3 factor. Approval of this application should acknowledge the findings, considerations and conditions that are comparable to those made in previous City Council Resolutions. A draft Planning Commission Resolution is offered for the Commission's consideration. 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N.�yS 4.� E {'�v��..� f r .,,y�.. Member �Y �S�n introduced the following resoIution and moved its adopdon: RESOLUTION NO. 99-37 RESOLUTION REGARDING DISPOSITION OF PL�ANNING COMMISSION APPLICATION N0. 99001 SUBM�tTED By TALISMAN BROOKDALE, L,L,C, Pl an�?n� Commission Application No. 99001 submitted by Talisn�an Brookdale, LLC proposes a rezoni.ng from C-2 (Commerce) to PUD/C_2 of the Brookdale Regional Shopping Center which is bounded on the no rth b Coun R south by T. H. 100 and on the west by Xerxes Avenue North; �d ty oad 10, on the_ east and W�IEREAS, this pzoposal comprehends the rezo a prope r ty and site and bu i l d i na of the above mentioned p l a n a p p r o v a 1 f o r t h e e x p a n s i o n, z� e d e ve Iopme n t a n d rejuvenation of the Brookdale Re Q gional Shoppi� Center to include the following; 1. The reconfiguration of the west end of the mall inciudi.ng an gg,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq, ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate I3,000 sq, ft. addition for general retail use and revised mall entry way along the southerly side of the complez adjacent to Dayton's; 4. A 4, 650 sq, ft. freestanding Applebee's restau.�ant buildin� along Xerxes Avenue North, northeriy of the 56th Avenue entrance to the Brookdale Center, 5. Conceptual approval, subject to further Planni.ng Comm.ission and City Council review and approval, of four additional freestanding restaurant and/or retail buiidings to be located around the perimeter of the shoppin� center; and WHEREAS the Planni.n; Commission held a duly called public hearing on F�bruary 2S, I999; when a stafF report and public testimony r�;azdin� the rezonin� and site and buildi.ng plan were received; and WHEREAS, the Plannin; Commission recommended approval of Application No. 99001 by adoptin; pl�ing Commission Resolution No: 99-02 on Feb 25 1 and 999 �'3' RESOLUTION NO. 99-37 �VHEREAS, the City Council considered Application No. 99001 at its March 8, 1999 meeting; and Wf�EREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zonin� Ordinance, the provisions of the Planned Unit Development ordina.nce contained in Section :35-355, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREgQgE, BE IT gESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 99001 submitted by Taiisman Brookdale, LLC in light of tlie following considerations: 1• The rezoning and Planned Unit Development proposal are compatible with slandards, puiPoses and intent of the Planned Unit Development section of the City's Zoni.ng Ordinance and will allow for the redevelopment and rejuvenation of the Brookdale Regional Mall w�.ich is a unique dev.elopment withi.n the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial propertie� within the community. 2. The rezoning and pianned Unit Development proposal wi11 allow for the utilization of the land in question in a manner which is compattble with, complimentary to and of comparable intensity to adjacent iand uses as well as those permitted on surrounding land, 3• The ut�lization of the property as proposed under th� rezoni.ng aad Planned Unit Development proposal w�11 conform with c�ty ordinance standards for the most part with the exccption of the following allowed variations from the zoning ordinance which ar� considered reasonable standards to apply to this proposal: Allow 5 ft. rather than 15 ft, greeenstrips at certain locarions where an appropriate 3 to 3 lfz ft. hi;h decorative masonry wall shall be installed to offset negative effects (t�us standard has been allowed in otber areas within the city). RESOLUTION N0. 99-37 Allow a 35 ft., or non major thoroughfare setback for certai.n out buildi.ng locations based on variances that have been allowed, for other commercial buildings along major thoroughfares and seem appropriate in this location as well. AIIow a�.5 parkina spaces per 1,000 sq. ft. of gross leasable azea rather thaa che 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Laud Iustitute Methodology indic.ating a maxim� of 5,133 parking spaces as beina needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maxunum weekday and weekend hourly demand, wluch is also i�. keeping with at least t�o major regional malls in the area. Allow the 60 ft. wide parking dimension standard for 9Q degree parldng rather than the 63 ft. required separation based on the fact that Brookdale has previously been atlowed to have the 60 ft. pazk� standard and it appears that it would work in this situation. Allow two freestanding signs up to 320 sq. ft. in area alona T. H. 104 based on the uniqueness of the size, diversity of uses and si�ificance of Brookdale Mall. Allow an increas� from 15 percent to 20 percent of the allowable restaurant use without requiring additional pazking at Brookdal� liased on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 4.' The rezonu� and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the ciry. 5. The rezoning and Pla�d Unit Development appear to be a good ut�ization of the properry under consideration a.nd the redevelopment and rejuvenarion of Brookdale Regional Mall are an important lon; range use for the existing properry and are considered to be an asset to the community. RESOLU'ITON N0. 99-3L 6. In light� of the above considerations, it is believed that the guidelines for evaluating rezonin;s contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is therefore, in the best interest of the community. BE I'T FURTHER RESOLVED by the City Council of the City of Brookiyn Center that approval of Application No. 99001 be subject to the following conditions and considerations: 1. The buildina plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Gradina; drainage and utility plans are .subject to review and approva.l by the City Engineer prior to the issuance of permits, 3. A site performance agreement and supporting financial guarante� in an amount to be determined based on cost estimates shall be submitted prior to the issuance of buildi.n; permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mecha.nical equipment,shall be appropriately screened from view. 5. The bu.lciings and building additions aze to be equipped with an automaiic fire extinguishin; system to meet NFPA standards and shall be connected to a central monitori.ng device in accordance with Chapter 5 of the City Ordinances. 6 Aa wnderground irrigation system shall be installed in all new landscaped 1TC3S LO f3C111t2tC S1tC main e:ia??�g, 7. Plan approval is exclusive of all si,Qnery, which is subject to Chapter 34 of the City Ordinances �with the exception of allowing two freestanding si�s up to 320 sq. ft. in area along T. H. 100. S. Plan approvai ackaowled;es a proof of pazldng for the Brookdale Shoppina Center based on providing �,700 parking spaces on site. RESOLUI'ION NO. 99-37 The applicants are allowed to retain the existing parking configuration except where required modificadons are to be made based on building expansions or additions. New pazking lot construction or reconfiguration shall require concrete paridng delin�ators as approved by the City Engiueer. 9• The applicant shall submit as built surveys of the properry, improvements and utiliry service lines prior to release of the performance guarantee, 10• The property owner shall enter ia an easement agreement for maintenance and inspection of utiliry and storni drainage as approved by the City En;ineer prior to �the issuance, of permits. 11. All work perfonmed and materials used for construction of utilities shall conform to the Ciry of Brooklyn Center's standazd specifications and details. 12. Approval of the application is subjeci to the review and approval of the Shin;le Creek 'PVatershed Management Commission with ect to st draina3e systems. Effective compensating storage shall be a� roved no to the construction and fill'ln� for the proposed building NoP 5 on the site plan. 13. The applicant shall enter into a development agree�ment with the Ciry of Brooklyn Center to be reviewed and approved by the City Attorney prior to ihe issuance of buil ci�ng permits. Said a;reement shall acknowledge the various modificadons to city ordinances and the rarionale for allowin; such deviations by the City Council and the conditions of approval to assure compliance with the�approved development plans. I4. Plan approval is granted for the ApPlebee's Restaurant building as presented (Building No. 2 on the site plan), 15. Conceptual approval only is granted for three other out buildings shown on the site 1 Q P an as Buildin No.' 3, Buildi.na No. 4 and Buil Q a d�n No. 5. PlanninD Commission review and City Counc$ approval in the form of a Planned Unit Development amendment shall be obtained prior to the issuance of buildi.ng permits for these buildings. RESOLUTION N0. 99-37 16. The costs for traffic signals at the SSth Avenue and 56th Avenue intersections with Xerxes Avenue shall be the res onsi b�li o applicant. P tY f the 17• ..The plans shall be modified to show: a. A 3 ft. to 3 lfi ft. high decorative masonry wall in locations other than alon; T. H. 100 where greenstiips are less than 15 ft. b. The elimination of the access from t�e perimeter road to the paridng lot east of Building No. 3. c. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parkina lot. d. The removal of Building No. 1 which is not part of the conceptual approval granted at this ti.me. 18. Applicant shall enter into a development a�eement, in a form approved by the City Manaoer and the City Attorney, ihat assures that adequate provision will be made to accommodate public. mass transit circulating through the parking lot of the center and to allow for passengers to be dropped off a.nd picked up at the center. The applicant shall not lx required to �provide space or accommodations for mass transit vehicles parking, stacking, or layin� over; for parkin; of privately owned vehicles of mass transit patrons; or for the transfer of passengers between mass transit vehicles. March 8. 1499 Date ATTEST: ��2��j(I Ciry Clerk The motion for the adoption of the foregoin; resolution was duly seconded by member Fd Nelson and upon vote being taken thereon, the following voted in fa�or thereof: Myrna Kragness; Kay iasman, Ed Nelson and Robert Pe and the following voted against the same: none, P whereupon said resolution was declared duly passed and adopted. Member Kay Iasman introduced the following resolution and moved its adoption: RESOLUTiON NO. 2004-72 RESOLUTION REGARDING DISPOSTTION OF PL�ANNING COM1vIISSION A.PPLICATION NO. 2004-007 SUBMITTED gy FRp,tTETTSgUH COMPAN�S W�IEREAS, City Council Resolution No. 99-37 adopted on March 8, 1999, approved a rezoning from G2 (Commerce) to PUD/G2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redeveloprneirt and rejuvenation of the Brookdale Regional Shopping Center including conceptual.approval for additional freestanding restauran� and/or retail buildings to be located around the perimeter of the shopping center. Said development approval required additional plans to be submitted for Planning Commission and City Council review and approval in the form of a Planned Unit Development Ameridment prior to obtaining building permits for these buildings; and WI�REAS, Planning Commission Application No. 2004-007 consisting of a PUD Amendment to allow construction pf a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center has been submitted by Frauenshuh Companies: and WHEREAS, the Planning Commission held a duly called public hearing on May 13 2004, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WI�REAS, the Planning Commission recommended approval of Planning Commission Application No. 2004-007 by adopting Planning Commission Resolution No. 2004-01 on May 13, 2004; and WHEREAS, the City Council considered Planning Commiss�on Application No. �2004-007 at its May 24, 2004 meeting and V►�REAS, the CityCouncil has considered this Planned Unit Development Amendment request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35- 208 of the City's Zoning.Ordinance, the provisions of the Planned Unit Development Ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, TI BE IT RESOLVED by the City Council of the CiTy of Brooklyn Center that pianning Commission Application No. 2004007 submitted by Frauenshuh Companies be approved in light of the following considerations: 1• The Planned Unit Development Amendment is compatible with the standards purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2• The Planned Unit Development Amendment will allow for the utilization of the land in question in a manner which is compatible with, complunentary to and of comparable intensity to adjacent land uses as well as those permitteti on surrounding land. RESOLUTION N0. 2004-72 3. The utilization of the .property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and wil] conform with city ordinance standards except for allowing a less than 15 ft. green strip along the County Road 10 right of way. This modification from the C-2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it �is offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. S. The Planned Unit Development Amendment� appears to be a good utilization of the properiy under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an iraportant long range use for existing'properiy and are considered to be an asset to the commun,ity, 6. In light of the above considerations, it is believed that the Guidelines for Evaluatin g Rezonings contauied in Section 35-208 of the Crty's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FLIRTT�ER RESOLVED by the City Council of the City of Brookl Center to recommend that Planning Commission Application No. 2004-007 be approved subject to tUe following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subJect ta��eview and approval by the City Engi.neer prior to the issuance or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on•cost estimates shall be submitted prior to the issuance of permits to assure completion of all required site improvements. 4. B-612 curb and gutter shall be provided around all pazking and driving areas. 5• �ny outside trash disposal facilities and rooftop or on grourid mechanical equipment shall be appropriately sereened from view. 6• The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitorin device m accordance g with Cha ter 5 P of the City Ordmances. 7. Underground 'urigation shall be installed in all landscaped areas to facilitate site maintenance. RESOLUTION N0. 2004-72 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Only wall identification signs consistent with ordinance requirements are allowed for this development. 9• An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10. The applicant and owner shaIl enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attomey prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of buil''tiing permits for this developmen� The agreement sha11 further assure compliance with the development plans submitted with this application. 1L The garden wall or s�milar treatrnent should be extended southeasterly along Brookdale's property line to control pedestrian traffic. Ma�2 .4, ?()Od Date Mayor ATTEST: ��,/�/f�y( `:�j l.L�.��7 City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathle�n Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Iasman, Di;ane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declazed duly passed and adopted. i�`_`�? �R�� z� t arp f i �i�� iea :��.�i��' i}� 2S �1 w�� Y �}i�i �ai ��6§ rf�lY�� Y �;`�i �e z 8� 9 �Y i i 1 �.�ii�i��liitll� i .i�i� l L C w �.1�1111�1�1'� r J 1 1 illi�l tllll��lliil 1 O O O �t�Y 1 o� ��g c�;,,;,,,�,,;,,,,�,�� p a ,,,�,,;",1,;;°;,;,;,�� Y�C ri� r�„�„��'��,,,� n�. il nw��„� f Q„ r� l ,__1T1� 'uuii �in�� ,.,f muu�nu�i� iiT'�Ril� .11 II j j j f_ tll� IIIIIII �'�1.1�111�111� 1�7rrr�rrr7n �n�uw �i�ui��n ��r O� �nu i i I �;i�;i�'�.�n i i i�TTfi� c�:.,,,.,,,;;�,;+�+�w c,;;,,;;;,,;;,,,,,,�;,,�,;� u i i� i 4�'1 i�iiill�� i�ll I 'J 11 1�11��1�� L+_J !1 K� 1 I _��T�`••,, I'"'I"��,+ I� q� 11t�- !f 1 I o�" i i [f i �a,,,.l�� i fl `o i�; i r i i a,.., A ti i �i. i i m ��fj:T� SitreJ �:1}�� ti�f��r,r�r t� ii� i►)t} }�U S� tii 2�iii'Jifi►��+ t�r t�l� f�r• �i I r� f�j f f r•rrt[�!� �t� tr� �t�l�� il �i t.tf 1 t t, ��=t}tE= �t• .,r'} i j t c �i�� iS i� �i :�l T��f�•i�t? �l�t I ti� }i� f}��iS }�!i� i F��j 1� ��1� i 7 t��^�/��1-]��{ r t .tP1i }��1 y `i ��l�.�� i i. rr�l N j t E�1ili �i I =#•t 1 t 3 :��1�`• I r�li F y e �l" t 1 t r s l 13 rl� t i� �}��iE�1�F}t �1� l�� u�� 1��; it t� {i f o� I t li #��Fl i� �E'; [tt 1 tt(' �'')1•l :�3, I •i N i �1a l l,� �;:II �i' <<s�� :Fi�( IF= :��f :�ii�� YI�1�t 8�� I j i i ��Ir I q� �9 i I i j ��1�� 1�• t�# 'il�� t 1� i i i�� i I Il��i �`i i :i 1 i e �iPPRGUEA Sli2��44� PImL Tablo Lenil�r Ev�ru�� lew�. rrwvr. ��.�x�. �n.w k Irw�lrrru..�r�.o+w'rw Ir.�r�v��i I��ly�� f .w.,.,� t 3- --e BA S S L A K E R 0 A D �A T_`_ (CD UNT Y ROAD NO. 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LI OGUOVAY TFEt ON.LlD ANO OLNLAPPED LI OEUGJWS OR L-0NIFEROU9 5NW1B L I O O v xu.e, im' r.o. a Member Newman introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2004-02 RESOLUTION REGARDING DISPOSITION OF PLANNING COMNIISSION APPLICATION NO. 2004-009 SUBMITTED BY FRAUENSHUH COMPAIVIES. WHEREAS, City Council Resolutian No. 99-37 adopted on Mazch 8, 1999, approved a rezoning from C-2 (Commerce) to PUD/G2 of the Brookdale Regional Sho in Center which is bounded on the north by County Road 10, on the east and south by T. H 100 and on the west by Xences Avenue North; and WHEREAS, Ciry Council Resoludon No. 2004-72 adopted on May 24, 2004, approved a Planned Unit Development Amendment to allow construction of a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center; and WHEREAS, Planning Cornmission Application No. 2004-009 consisting of another Planned Unit Development Amendment to allow a shiftin in the location of the D g Queen Grill and Chill to be located in the north parking lot of Brookdale Center submitted by Fraunenshuh Companies: and WHEREAS, the Planning Commission held a duly called public hearing on 7uly 15 2004, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City' s Zoning Ordinance, the provisions of the Planned Unit Development Ordinance contained in Section 35-355 of the City' s Zoni.ng Ordinance and the City' s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2004-009 submitted by Frauenshuh Companies be approved in light of the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards purgoses and intent of the Planned Unit Development section of the City' s Zoning Ordinance. 2. The Planned Unit Development Amendment will allow for the utilization of the C,:,s land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses .as well as those permitted on surrounding land. 1 l. The Planned Unit Development Amendment is compatible with the standards purposes and intent of the Planned Unit Development section of the City' s Zoning Ordinance. 2. The Planned Unit Development Amendment will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. green strip along the County Road 10 right of way. This modification from the C-2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City' s Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under cansideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an important long range use for existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings contained in Section 35-208 of the Ciry' s Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the cornmunity. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2004-009 be approved subject to the following conditions and considerations: l. The building plans are subject to review and approval by the Building O�cial with respect to applicable codes prior to the issuance of pernuts. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of pernuts to assure completion of all required site improvements. 2 6. The buildmg is to be eqiupped with an automatic fire extinguishuig system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the Ciry Ordinances. Only wall identification signs consistent with ordinance requirements are allowed for this development. 9. An as built survey of the property, improvement5 and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10. The applicant and owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this aPPlication. 11. The landscape/screening treatment provided in the area where a 5 ft. rather than 15 ft. green strip is proposed is appropriate to offset or mitigate the effects of the reduced green strip. 12. The plan shall be modified to provide a 35 ft. building setback. 7�15-0� ��1.� L �11GLL1 A S'1'• �1 �'.�.e�,�. i Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Roche and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Newman, Reem, and Roche. and the following voted against the same: None i whereupon said resolution was declared duly passed and adopted. 3 Mernber introduced the followin resolution and moved its adoption: g RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-009 SUBMITTED BY FRALTENSHUH COMPANIES. WHEREAS, City Council Resolution No. 99-37 adopted on March 8, 1999, approved a rezoning from G2 (Commerce) to PUD/G2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xe�es Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, reaevelopment and rejuvenation of the Brookdale Regional Shopping Center including conceptual approval far additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center. Said development approval required additional plans to be submitted for Planning Commission and City Council review and approval in the form of a Planned Unit Development Amendment prior to obtaining building permits for these buildings; and WHEREAS, Planning Commission Application No. 2004-009 consisting of a PUD Amendment to allow construction of a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center has been submitted by Frauenshuh Companies: and WHEREAS, the Planning Commission held a duly called public hearing on July 15, 2004, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2004-009 by adopting Planning Commission Resolution No. 2004-02 on July 15, 2004; and WHEREAS, the City Council considered Application No. 2004-009 at its July 26 24, 2004 meeting; and WHEREAS, the City Council has considered this Planned Unit Development Amendment request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development Ordinance contained in Section 35-355 of the Cit�'s Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2004-009 submitted by Frauenshuh Companies be approved in light of the following considerations: RESOLUTION NO 1. The Planned Unit Development Amendment is compatible with the standards purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the properiy and will conform with city ordinance standards except for allowing a less than 15 ft. green strip along the County Road 10 right of way. This modification from the G2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an important long range use for existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2004-009 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be deternuned based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all required site improvements. RESOLUTION NO 4. B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building is to be equipped with an automatic fire extinguishing system to rrieet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Only wall identification signs consistent with ordinance requirements are allowed for this development. 9. An as built survey of the property, improvements and utility service lines sha11 be submitted to the City Engineer prior to the release of the performance guarantee. 10. The applicant and owner shall enter into a PUD agreement with the Ci of iY Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. 11. The landscape/screening treatment provided in the area where a 5 ft. rather than 15 ft. green strip is proposed is appropriate to offset or mitigate the effects of the reduced green strip. 12. The plan shall be modified to provide a 35 ft. building setback. T.uJy 1�4 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGLTLAR SESSION JULY 15, 2004 CALL TO ORDER I The Planning Commission meeting was called to order by Chair Willson at 7:39 p.m. ROLL CALL Chair Tim Willson, Commissioners Rex Newman, Dianne Reem, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Sean Rahn was absent and excused. Graydon Boeck was absent and unexcused. APPROVAL OF MINUTES JUNE 17. 2004 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the June 17, 2004 meeting as submitted. The motion passed. CHAIl2' S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2004-009 Frauenshuh Comnanies Chair Willson introduced Application No. 2004-009, a request for another Planned Unit Development Amendment to construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center. The property is zoned PUD/C-2 (Planned Unit Development/Commerce). Mr. Warren presented the staff report describing the location of the property and the proposal and explained that a similar application had been previously approved by the Plaruiing Commission on May 13, 2004, under Planning Commission Resolution No. 2004-01 and the City Council on May 24, 2004, under City Council Resolution No. 2004-72. (See Planning Commission Information Sheet dated 7-15-04 for Application No, 2004-009, attached.) This application is an amendment to the May 24, 2004 approval. A Planned Unit Development Rezoning from C-2 (Commerce) to PUD/C-2 and development plan approval for the expansions, redevelopment and rejuvenation of Brookdale Center was approved by the City Council under Resolution No. 99-37 on March 8, 1999. Mr. Warren pointed out the difference between this application and the original plan submitted which includes a shift of the building to the south, relocation of the drive lane and elimination of the decorative wall in the green strip axea. 5-13-04 Page 1 PUBLIC HEARING APPLICATION NO. 2004- 0 09 There was a motion by CommissionerNewman, seconded by Commissioner Roche, to open the public hearing on Application No. 2004-009, at 7:57 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Phil Mantia, representing Pete Hauser and Midas Muffler, stated their concern is in minimizing any additional traffic that might be created in front of the Midas store with construction of the Dairy Queen and the relocation of the drive thru. Mr. Matilla stated that for safety reasons they would like to see curbing rather than just a painted line directing customers in and out of the site. Mr. John Donnelly, 7101 W 78 Street, Bloomington, FrauhensYiuh Companies, introduced himself. He explained that with construction prices increasing they felt it necessary to look at a revised plan, which moves the building 15 ft. and creates a significant savings with respect to construction and utility costs. Additionally, by not having to build the decorative wall they would save an additional amount. They feel that their store would be a positive investment in the community. Mr. Donnelly stated that he has viewed this site several times and feels that this plan would provide for a safe pedestrian access. He added that curb and gutter was not a part of the original plan since a second building is proposed on the site. They are anxious to begin construction as soon as approval is granted. Mr. Nick Sp�rides, the architect, explained in further detail the plan bein submitted includin g g changes to the green strip area. He added he feels these changes are positive and that with this plan they have attempted to encourage pedestrians to use the sidewalks and pedestrian crossings. No other persons from the public appeared before the Commission during the public hearing on Application No. 2004-009. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the publie hearing on Application No. 2004-009, at 8:13 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Chair Willson stated that this plan appears to be acceptable and that the only real item needing discussion would be the green strip on the east side of the site. Commissioner Newman added that the addition of the sidewalk that is tied into the pedestrian crosswalk area is a nice addition. Commissioner Roche inquired o the applicant about the status of existing trees and those recently removed. Mr. Donnelly pointed out that with the elimination of the 3 ft. decorative wall, it would not be necessary to remove three mature trees already existing on the site. The Commissioners interposed no objections to approval of the Application. 5-13-04 Page 2 I_ ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004-009, FRAUENSHUH COMPANIES There was a motion by Commissioner Newman, seconded by Commissioner Roche, to approve Planning Commission Resolution No. 2004-02 regarding the recommended disposition of Planning Commission Application No. 2004-009 submitted by Frauenshuh Companies. Votin i n favor: Chair Willson Commissioners g Newman, Reem and Roche. The motion passed unanimously. The Council will consider the application at its July 26, 2004 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren discussed with the Commissioners upcoming changes to the flood plain ordinance due to recent changes in flood plain maps, which would be coming before the Commission in the near future. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair Recorded and transcribed by: Rebecca Crass 5-13-04 Page 3 City Council Agenda Item No. l0a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION 1N SUPPORT OF CENTERBROOK GOLF COURSE WHEREAS, the Brooklyn Center Fire Relief Association has presented to the City a donation of two thousand dollars ($2,000) and has designated it be used to purchase new clubhouse chairs at Centerbrook Golf Course; and WHEREAS, the City Council is appreciative of the donation, and commends the Brooklyn Center Fire Relief Association for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Julv 26, 2004 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City o f Brooklyn Center A Millennium Community MEMORANDUM DATE: �/21J04 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation For The Donation Of The Brooklyn Ce r Fire Relief Association In Support Of Centerbrook Golf Course The Brooklyn Center Fire Relief Association has presented to the City a donation of two thousand dollars ($2,000.00). They have designated that it be used to purchase new chairs for the clubhouse at Centerbrook Golf Course. These chairs will replace ones that were purchased when the olf course o ened in 1986. g p Staff recommends acceptance of this donation and asks that it be coded to the corresponding activity budget. 6301 Shingte Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX'(763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter.org City Council Agenda Item No. lOb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING BROOKLYN CENTER CHARTER COMIVIISSION TO REVIEW SECTION 4.04 OF THE CITY CHARTER WHEREAS, Section 4.04 of the City Charter specifies a filing fee of $5 for candidates for municipal office; and WHEREAS, the City Council would like to have the Charter Commission review whether this fee should be adjusted; and WHEREAS, the City Council would like the Charter Commission to review whether a fee of between $25 and $50 would be more appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Charter Commission be and hereby is requested to review Section 4.04 of the City Charter and to recommend to the City Council whether or not a chasige in the filing fee specified in Section 4.04 should be made and if such a change should be made a recommended amount of change and whether such change should be made by unanimous ordinance adopted by the City Council. Julv 26, 2004 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Cit o Brookl n C y f y enter A Millennium Community MEMORANDUM TO: Mayor Kragness, Coun mbers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: July 21, 2004 SUBJECT: Council Candidate Filing Fees At the July 12, 2004, Study Session, Councilmember Lasman inquired if the Council would be interested in an amendment to the City Charter to increase filing fees. The current fee is $5. The discussion was in the range of $25 to $50. The enclosed resolution would formally request the Charter Commission to re�iew the desirability of amending the City Charter to increase the filing fee. 6301 Shingle Creek Parkway Recredtion and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org I City Council Agenda Item No. lOc i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2005-01, 02, 03, AND 04, CONTRACT 2005-A, LIONS PARK SOUTH (TANGLETOWN) NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENT5 WHEREAS, the City's Capital Improvements Program identifies specific streets for proposed infrastructure improvements in 2005; and WHEREAS, the City Council has reviewed the scope of proposed improvements for 2005 in the Lions Park South (Tangletown)Neighborhood; and WHEREAS, the City Council desires to begin the process of infarmation gathering and solicitation of public comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: l. Improvement Project Nos. 2005-01, 02, 03, and 04, Lions Park South (Tangletown) Neighborhood Street, Storm Drainage, and Utility Improvements, are hereby established. 2. Staff are directed to begin field work, contact property owners in the neighborhood- and obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3. Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Televising 6,000 Geotechnical Prelim. Surveys $35.000 Estimated costs $41,000 REVENUES AMOUNT Sanitary Sewer Utility Fund 8,300 Water Utility Fund 9,900 Storm Sewer Utility Fund 6,900 Street Construction Fund $15.900 Estimated Revenues $41,000 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. M E M O R A N D U M aROOxLYN CENTER DATE; July 20, 2004 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Establishing Improvement Project Nos. 2005-01, 02, 03, and 04, Contract 2005-A, Lions Park South (Tangletown) Neighborhood Street, Storm Drainage, and Utility Improvements In 2005, the City will be entering the 12`�' year of its long-range street and utility rehabilitation program, referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's infrastructure. This has included the rebuilding of streets with new bituminous pavement and concrete curb and gutter, replacement of aging and deteriorating water and sanitary sewer facilities, and the construction of new storm sewer and drainage facilities. In addition, other neighborhood improvements are often considered as part of the projects, including park and lighting improvements, landscape improvements, and traffic control improvement. In accordance with the 5-year Capital Iinprovements Program (CIP), an area referred to as the Tangletown (Lions Park) South Neighborhood has been programmed for improvements in 2005 (see attached map for specific street locations). At this time, it is being requested that the City Council establish this 2005 improvement project so that initial preliminary and investigative engineering work may occur. The Loins Park South Neighborhood project consists of approximately 2.6 miles of streets and utilities. The project is expected to include replacement of existing water main that has elevated ra�es or corrosion in a majority of the project area. The existing sanitary sewer system and storm water drainage system would also be evaluated for potential replacement. Street improvements have typically included the installation of concrete curb and gutter as well as concrete driveway aprons for each individual residential lot. Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of notificatiop of all affected property owners; surveys; at least two public informational meetings; and an extensive amount of information and data collection and gathering. Initial design also includes detailed technical survey work, underground infrastructure inspections and assessments, and soil/geotechnical investigations. Council Action The action requested of the City Council at this time is therefore to establish the proposed 2005 Lions Park South (Tangletown) Neighborhood Street, Storm Drainage, and Utility Improvement Project so that initial field work and data gathering can commence. Upon authorization by the City Council, the following actions would take place: Collect date, including field surveys, traffic counts, and review of maintenance records. Issue Request for Proposals (RFP's) for televised inspections of the sanitary sewers and soiUgeotechnical investigations. Conduct an initial public informational meeting in November to present initial findings to the neighborhood, and to gauge public interest in the improvement project. Special attention is given to specific neighborhood concerns, sucli as preservation of boulevard trees. Prepare a feasibility study and report for review by the City Council. The City Council would then consider setting a date in February for a project hearing. Table 1 below summarizes the progress to date for the Neighborhood Improvement Program. The City has approximately 106 miles of streets, including 21 miles of MSA streets and 85 miles of local streets. Table 1 Street and Utility Project Mileage Local MSA Total Year Street and Utility Projects (Miles) (Miles) (Miles) 1994 Northwest; James/Knox,53`� to SSth 1.67 0.25 1.92 1995 Woodbine; Freeway Blvd., Humboldt, 69` to 73rd 2.73 1.97 4.70 1996 Orchard East; 69` Logan, James, Knox/57`h; 5.59 2.08 7.67 Xences/53rd 1997 Orchard West; France, 69` to 73rd 4.81 0.5 5.31 1998 Bellvue; Leei68` James/67`"; John Martin Drive 3.22 0.77 3.99 1999 Southeast; Earle Brown Drive; 66` 4.27 0.44 4.71 2000 Garden City Central; 73' Humboldt to Camden 3.25 0.94 4.19 2001 Garden City North; Halifax/Grimes/France 3.52 3.52 2002 Garden City South; Southwest Area; France Avenue 4.81 2.07 6.88 Conn. 2003 Happy Hollow 1.62 1.62 2004 Northport Area 1.55 0.75 230 TOTAL 37.04 9.77 46.81 TABLE 3• CAPITAL IMPROVEMENT PROGRAM 20042008 Revked 11-73-03 Funding Pro)ect Description Sourcss Special Street Capital Projects Weter UNI�Y Hewer Utiiity Stam Sewe► Street Lipht MSA Granls Total Jed Assessmerd ConsWdion Fund Utility UWity Coiledrons Fund 2004 S 338,200 Grandview Park Athletk fielda, Iights, end plaY9round S 338,200 a e Park Im rovemeMS S 300 Sk t S 343 ss ve Skate Park P Aggre i 73rd Avenue Humboldt to Palmx Lake S 73,400 S 89,600 S 8 59,800 S 57,200 Northport Improvement ProjeG Neighbortrood alreet proloet S 614,900 S 548.200 S 612,300 S 569,400 5 523,500 S 85,000 S 948,400 S 3,301,700 Shingle Creek Pkwy SUeet improvemerd project S 271,600 S 10,300 S 10,300 s 20,500 S `��7� s--��1,.'1� Fiber Optic Connection Communicationa eonnection to LOGIS S 68,000 s Freeway Blvd Bridge Repatrs Repaks w Bridge Dedc and Supxstrudure S 84.700 S 36.300 S 121,000 Evergreen Park Sidewalks Sidewalk consfn+o►fon 3 51,200 S 51.200 Tota12004 S 859,900 S S 436,200 S�� i 638,500 S C�01.200 S 85,000 S 791,800 S 36.300 S 4,924,800 2005 S 235,700 CenUal Park Lighting S 235,700 Earle Brown Improvement Projed Street improvement proJect S 111,900 159,900 E 271,800 ��IrTangletovm Improvement ProJed Suulh Streat tmprovemeM Pr�aet S 744,600 S 817.400 S 657,500 i B20.800 E 582.800 S 86.500 S 3.509.600 Tota12006 S�,� S 817,400 S 235,700 S 657.500 S 620,800 S 582,800 S 86,500 S 159,900 S 4,017.100 2006 S 92,200 S 92,200 Gerden City Park Shettx bidg S 184,700 W Kylawn Park Sheltx bldp. frails and Ilphts S 194,700 H Riverdale P�k Shelter bldp S 35.800 S 35,800 DupoM Avernie Improvement ProJed Strest fmprovemeM proJed S 391.800 i 116,800 S 110,200 S 27,500 i 275,400 i 821,700 Humboldt Avenue Improvement ProJed Street bnprovement projed S 205,000 S 102,500 S 51,200 S 410,000 S 768.700 502,200 S 684,700 S 4b6.900 S 431,400 S 408,600 S 60,800 S 2,544,600 Tangletwm Improvement Projec! NoAh Neighborhood aVeet project 3 s 2 S 205,000 Lift Statfon #9 Pump and forcemain replaeemeMs j 307,400 S 307.400 Lift Station #2 Pump, PM, and Intereeptor repiacements Total 2008 ;1,099.000 S �4,700 322.800 S 678,200 S 7,105.200 S 436.100 S 60,800 S 685,400 S 5.070,200 2007 i 102�500 West Paimer Lake Park Sheker bldg S 102,500 Riverwood Improvement Project Street improvement projeet S 597,900 S 757,900 S S 581,300 S�.� E �7.900 s �5��00 3 3,143,000 Freeway Bivd Improvement Projeet Street knprovomerri projecl S 307,400 S 20,500 S 51,200 S 20,500 S 409.800 S 808.500 TotaI2007 S 805,300 S 757,900 S 102,500 S�1,800 S 600.100 i 602,400 S 75,100 S 409,900 4,055,�0 2008 East River Improv Projeet Street improvemeM projeel S 5�8,800 S 525,900 S 276,400 S 453.100 S 402.900 S �,2� i 113,000 3 2,337,300 S 701,000 S 840,500 S 394,8� S 612.4� S 564.500 S 89.000 3 3,202.200 Matanalha improv Projed Ne�B�fio� s��t P�°1°a a 8.200 S 8,200 S 7.200 S 146.600 Northway OrNe Improv Project Stroet knprovement projed 123,000 j 200�000 Kylawn Park SheRer bId9.11gMin0. and r�k improveme�i S 200,000 Xerxes Avenue improv Project Street 6n�ovemeM project S 236.700 S 10,300 i 10,300 S 10,300 S 338,200 S 805.800 Tota12oo8 S 1,570,5� S 1,366,400 S 200.000 S�9,700 S 1.084,000 S 884,900 S 145,200 S 4�1,Z00 i 6,491,900 2004-2008 Neighborhood Improvement Program :k,.: �'4n4�^ 1111 _I4 'vi'.TZ_ 6, �.b i n.a ....r f M�� s X i 9 °,Y s o ;9 i J� ..i E 4`' n.. ..0 n �.�...5 y s c ��,,,....e_ t �ii a j. �E c `I i i i �a�� `e L� �4� R 8 1 Y ....w .w� r e 7 i F0' 6 s „R r �e�. w A y I v y i 1� 1 ,y 1 a 7 fi- t d� .�.�.ww 3 r j o .w+ 4 I t nww li S� iru�. 3 �....e, .A �t� I �S y Ilri �a i �4 Year of Reconstruction I �t CIP Year Completed t 2004 2005 Zoo6 Under 2oos Study S 2,�4 I r BROOKLYN City of Brooklyn Center W�F CENTER i r ec' ��p �,r ��yH'�HYIE! 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Most stay in Brooklyn Center hotels Eat at Brooklyn Center restaurants Buy gas, groceries, and other supplies at Brooklyn Center gas stations and convenience stores In C�o sln We comply with all laws and regulations governing charitable gambling By operating an attractive site, and through the patronage of our membership, we will enhance busines� at the Coyote G ri I le We exist to provide an opportunity for those that reside in Brooklyn Center to play youth\hockey We wili return money to Brooklyn Center families, to Brooklyn Center businesses, and to Brooklyn Center charitable organizations We res ectfull re uest that ou a rove our p y a y pp a lication for a site ermit at the Co ote Grille pp p y 4 I Th nk a yo u for r ou t�me and con Y s d era t�on. 4 BROOKLYN PARK YOUTH HOCKEY ASSOCIATION 2004-2005 BY -LAWS ARTICLE I Definition Section 1.1 The name of the Association shall be known as: The Brooklyn Park Youth Hockey Association (BPYHA). Section 1.2 The official colors of the Association are forest green, new gold and black. Section 1.3 Brooklyn Park Youth Hockey Association (BPYHA) is the official designation of the Brooklyn Park Youth Hockey Association. The Executive Committee shall authorize the use of this name only. Sectio�i 1.4 The Board of Directors is the governing body of the Brooklyn Park Youth Hockey Association. Section 1. S The Executive Committee is comprised of the President, Vice-president, Executive Director, Treasurer, Secretary and Officer-at Large who serve as officers of the association. Section 1.6 Fiscal Year The fiscal year for the Brooklyn Park Youth Hockey Association shall be from April 1 st of the current year through March 31 st of the following year. ARTICLE II Purpose Section 21 The purpose of this association shall be to promote ice hockey in the City of Brooklyn Park to ail youth between the ages of 4 and 18, to aide the improvement and development of hockey skills of youth who reside in the City of Brooklyn Park and participate in this sport, to teach and promote physical, mental and moral development, to teach a sense of fair and honest competition, resulting in good sportsmanship, and to encourage, aide and support acquisition of facilities means for the playing of hockey. ARTICLE III Location Section 31 The address of the Association shall be: The Brooklyn Park Youth Hockey Association c/o Brooklyn Park Community Center 5600 85th Avenue North Brooklyn Park, MN 55443 The Web and e-mail address shall be: www.bpyha.com and info�a,bnvha.com 1 L�- ARTICLE IV Non-Profit Section 4.1 The Association shall be non-profit. In the event this Association ceases to be in operation, all excess funds wil] be turned over to the City of Brooklyn Park department of Recreation Parks, for the use in Brooklyn Park youth hockey programs, which will affect Brooklyn Park residents. Section 4.2 This Association shall have no capital stock and shall not be conducted for pecuniary profit for the association or any of it's members. Section 9.3 All moneys, donations or charitable contributions collected on behalf of BPYHA shall be subject to the approval of the Board of Directors for their specific use. ARTICLE V Membership Section 5.1 Any person interested in the above purposes of this Association is eligible for membership upon payment of his or her child's registration fees or upon the Board of Directors approval at any calendar year meetings. Said membership entitles a person to vote at the Annual Meeting subject to ARTICLE IX, Section 9.1. A maximum of two memberships will be recognized for each member family of BPYHA. Section 5.2 The term of inembership shall be for one year. ARTICLE VI Fees Section 61 The Executive Committee shall determine the annual registration fee of the Association. Said determination is to be made no later than the general membership meeting in August for the current fiscal year. Section 6.2 The annual registration fee for the members shall be payable no later than December 21 st. Section 6.3 Failure to pay the annual registration fee including purchasing or buying out of candy, or failure to pay team fees, or failure to perform mandatory volunteer activities shall subject players to be restricted from skating or removed from the team roster unless special arrangements are made with the Executive Board. Section 6.4 The Executive Committee has the authority to waive the annual registration fee for what they determine to be valid hardship reasons. In the event of such a determination of hardship, the executive committee may require the member to participate in additional fundraising/volunteer activities. 2 Secfion 6. S No members of the Association may extend credit of any kind, including Boosters and Concessions, without the authority of the Executive Committee. ARTICLE VII Meetings Section 7.1 The annual meeting of the members of the Association shall be held in March, to be scheduled after the regular monthly March meeting, at such a place as designated by the Board of Directors. Notice of the meeting shall be published in the local newspaper of general publication. The purpose of said meeting will be election of officers for the ensuing year, to vote on any changes to the by-laws, and for directors to present their annual reports. Section 7.2 The "original" Board of Directors listed below shall be considered permanent members of the association and shall not be required to pay membership fees: Ron Momberg Wayne Jense Zeno Leier Robert Sullivan Jeff Dinham Joyce Johnson Earl Johnson James Provinzino Ronald Thorp Don Gorman Dan Strot Harlan Weidemann William Huron James Knuckey Leo Schoenle Section 7.3 Special meetings of the membership: Meetings of the membership may be held at any time, at the request of the president or a majority of the Board of Directors. Notice will appear in the local paper of general publication at least seven (7) days prior to the meeting. Section 7.4 Meetings of the Board of Directors: Regular meetings of the Board of Directors shall be held in twelve (12) different months, at a time and place determined by the Board of Directors. Section 7.5 Team representation at Regular Board Of Director meeting: Each team should be represented at each regular rnonthly meeting of the Board of Directors that occurs while t11e team is active with preseason practice to post season play. This need not be the team manager or the same person each month but can be any parent or guardian of any player on the team. Section 7.6 Special meetings of the Board of Directors The president, at his/her discretion, may call and establish a special meeting of the Board of Directors, and shall in such a request notify each member regarding time, place and purpose for the special meeting. Such notice shall not be less than two (2) days before the meeting and any action shall be subject to ratification at the next regularly scheduled meeting of the Board of Directors. 3 Section 7.7 Quorum at meetings: A 2/3 majority of tlle Board of Directors shall constitute a quorum at any meeting of the Board of Directors and at the annual meeting, provided said members present include a minimum of two (2) elected officers. Section 7. Order of business for the Annual General Membership Meeting: A. Call to Order B. Reading and acceptance of the minutes of previous annual meeting. C. Treasurer's Report D. Director's Reports E. Old Business F. New Business G. Old Minutes H. By-law amendments 1. Election of Officers J. Adjournment Section 7.9 Robert's Ru(es of Order shall be the parliamentary authority for all inatters of procedures not specifically covered by these by-laws. ARTICLE VIII Committees Section 8.1 By-laws Committee: The president shall annually appoint five (5) board members for the purpose of reviewing and making recommendations to the membership for any changes in the by-laws. The by- laws committee shall be appointed prior to, and announced at the December meeting, so as to allow ample time to prepare and present changes. Proposed amendments may be received only from members of the Brooklyn Park Youth Hockey Association in wrrting and submitted to the by-laws committee. When one or more proposed amendments to the by-laws are received, the committee shall prepare and present a resume of all submissions, with Board of Directors approval, and the proposed amendments shall be placed before the general membership for adoption, rejection or modification. The by-laws committee shall prepare the updated by-laws document. Section 8.2 Nominating Committee: The nominating Committee shall consist of five (5) members. The vice president at the January meeting shall appoint said committee. The committee shall be chaired by the vice president and shail meet as necessary to present a slate of officers for the Annual Meeting. 4 Section 8.3 Hockey Operations Committee: The Executive Committee shall annually appoint 8 BPYHA members to the Hockey Operations Committee. Of these 8 members, one shall be the Hockey Operations Director and one shall be the Hockey Operations Assistant director for that year. Members who wish to apply for appointments to the Hockey Operations Committee may submit their names to the Executive Committee or Nominating Committee directly for admission to the list of candidates for the upcoming year, no later than the BPYHA Board of Directors annua) meeting. Once the Hockey Operations Director and Hockey Operations Assistant Director are chosen by the Executive Committee, the Executive Committee will consult with the newly chosen Hockey Operations Director and Hockey Operations Assistant Direetor and shall then appoint the remaining 6 members of the Hockey Operations Committee from that list or choose other possible candidates that are not on the list if it is appropriate. It is recommended that the Hockey Operations Committee be appointed along the following guidelines: The Girls Director is automatically a member 1 member from the Squirt level. 1 member from the Peewee level. 1 member from the Bantam IeveL 1 member from the At-Large. 1 member from the GLeague program. The President, Vice President and ACE Coordinator are automatically members of the Hockey Operations Committee for a total of 11. The Hockey Operations Director, Assistant Hockey Operations Directar, and ACE Coordinator shall have a vote on the BPYHA Board of Directors. The Hockey Operations Director is responsible for having a monthly meeting to remain informed of current activity on hockey operations issues. The monthly meeting minutes will be provided to the Executive Committee. Section 8.4 Other Committees: The president may, from time to time, appoint other committees for specific purposes subject to approval by the Board of Directors. Directors as defined in Article X Board of Directors are empowered to create their own committee to help execute duties and aid in the decision making of their directorship. Directors must keep the Board of Directors informed regarding the general functions of any committees that they create. This should be done in their reports at regular monthly Board of Director meetings. ARTICLE IX Voting and Elections Section 9.1 At the Annual Meeting of the general membership, each member of the Association is entitled to one (1) vote to elect officers, in person, provided they attend at least three (3) board meetings that fiscal year, excluding the Annual Meeting. 5 Section 9.1 a Absentee ballot Broaklyn Park Youth Hockey Association eligible members, who are entitled to vote, and who have a scheduled game or practice, or are out of town on business related to their occupation, that would prevent them from attending the Annual Meeting of the general membership in person, may submit an absentee ballot, casting votes for election of Executive Committee positions. This absentee ballot may be presented to the president any time within one week prior to or during the day of said election, but before the actual election. The president will then present these sealed ballots to the election judges, per Section 9.5, during the balloting. Section 9.2 A complete list of registered members entitled to vote at the Annual Meeting of the general membership will be made available for examination by any member during the whole time of said meeting. Section 9.3 At the Annual Meeting of the general membership, and at special meetings of the general membership the affirmative vote of a simple majority of those present and entitled to vote, sha(1 be required to carry any motion or resolution, except far amendments to the bylaws vvhich will require a two-thirds majority vote. Section 9.4 A slate of proposed executive officers should be presented to the membership by the nominating committee at the Annual Meeting. The executive officers will have previously served at least one year on the BPYHA Board of Directors or Co-Directors. Only if qualified candidates are unavailable, nominations will be taken from the general membership. Nominations from the general membership will be taken at the regularly scheduled March monthly meeting only. Such nominations presented from the floor shall be accepted provided said nominees are present to accept. Votes shall be cast by secret ballot. Section 9.5 The president, during the Annual Meeting, shall appoint two (2) members of the association to be judges of the election on the day of said election. At the close of balloting, the votes shall be counted and the results reported to the president, who shall announce these results to the membership. In the case of a tie in the number of votes cast, leaving the election undetermined of one or more persons as officers, a second ballot will be cast, etc., until a member is elected. Incoming officers will set a time and place for an organizational meeting to facilitate transition and transact any pending business. Section 9.6 At the meeting of the Board of Directors or special meetings of the Board of Directors, each Board Member is entitled to one vote upon each subject properly submitted to a vote. Non-board members attending these meetings are not entitled to vote, except on gambling issues. Section 9.6a Proxy vote If a board member is unable to attend these meetings, that board member can appoint an assistant director to vote as proxy, (with the exception of the assistant hockey operations director wh'rch will be a voting position, each position if absent may appoint a proxy). Each board member position, if absent, may appoint a proxy subject to the following: 6 *The appointed proxy must be a member of the association. *The appointed proxy can not be a standing board member with a standing vote. *When a board member appoints a proxy, he/she must contact a member of the executive committee as to whom this proxy will be. ARTICLE X Board of Directors Section 10.1 The governing body of the Brooklyn Park Youth Hockey Association shall be the Board of Directors. The Executive Committee shall select the people serving on the Board of Directors from the membership. Only members of good standing, according to Section 5.1 shall 6e eligible to serve on the Board of Directors. All board members shall hold office for the term of one (1) year. Any member of the board who has been absent for three (3) consecutive meetings without a valid reason may, at the discretion of the Executive Committee, be removed from the Board of Directors. Section 10.2 The President, Vice-president, Executive Director, Treasurer, Secretary, and Officer-at Large shall comprise the Executive Committee and serve as officers of the association. Officers serving on the Executive Committee shall be elected by the membership at the Annual Meeting (with the exception of the Executive Director who is appointed, see section 17.1) and shall hold office for the term of one (1) fiscal year, with the exception of the pres�dential seat, which will be filled by the current vice president. If the current vice president is unable to fulfill this obligation, then the membership must vote in a new president for the term of one (1) fiscal year. The purpose of the Executive Committee is to carry on the business of the Association between meetings. Section 10.3 The Board of Directors shall determine the policies and activities of the Association, must approve the annual budget at the October board meeting, approve monthly treasurer reports; meet with comrnittees, have general management responsibilities for the Association and shall determine the official depository for the Association funds. Section 10.4 The Executive Committee of the Brooklyn Park Youth Hockey Association shall have such duties and responsibilities as are designated from time to time by the Board of Directors. Section 10.5 Vacancies on the board shall be filled by appointment made by the Executive Committee. In the event that the president shall not be able to complete his/her term, the vice president shall serve the remainder of that term and the following year. Any vacancy other than that of president shall be filled by a vote of the Executive Committee on an interim basis. Section 10.6 The Executive Committee may execute any contract, or convey any other instrument in the name of the Association, when authorized by the Board of Directors. Any director may be removed by a majority vote of the Executive Committee, after a private hearing before the board, wherein the best interests of the Association will be served. 7 Section 10.7 No officer, coach or member, with the exception of the pull-tab/gambling manager, assistant gambling manager or existing executive director, as regulated by the State, shall receive remuneration or monetary compensation for services rendered to the Association, excluding expense reimbursements. The Concession Director and Ice Director will have one BPYHA registration fee waived for the year they are a director. Section 10.8 Non-parent head coaches shall receive reimbursemezit for mileage, at the current IRS standard rate, on their personal automobile on all miles driven relative to their commitment to BPYHA. Non-parent head coaches shall also be reimbursed for lodging and reasonable, valid other expenses such as meals, for up to three (3) tournaments per season. To receive payment, a coach will be required to submit a monthly expense report to be approved by the hockey operations director. Total annual expenses shall not exceed $1,600.00 per team which will be funded by BPYHA. Section 10.9 Currently, the following board positions are eligible to vote on motions brought to the Board Of Directors: 1. President 2. Vice President 3. Treasurer 4. Secretary 5. Officer-at-Large 6. Booster Director 7. Equipment Director 8. Girls Director 9. Mite I Director 10. Mite II Director 1 L Mite III Director 12. Ice Director 13. MN Hockey District Dir. 14. MN Hockey Registration Dir. 15. Communication Director 16. Tournament Director 17. Hockey Operations Dir. 18. Asst. Hockey Operations Dir. 19. ACE Director 20. Assistant ACE Director 21. Concession Director 22. Executive Director 23. Volunteer Coordinator 24. Cash Manager 25. Director of Team Managers 26. Marketing Director In the case of eo-directors, one vote shall be allowed for the position. All assistant directors will be non-voting positions with the exception of the Assistant Hockey Operations Director and Assistant ACE Director. 8 Section 10.10 At the meeting of the Executive Committee or special meetings of the Executive Committee, each executive committee member is entitled to one vote upon each subject properly submitted to a vote. Each erson must be resent t p p to vo e. In the event of a tie vote, this motion will be decided by the President. ARTICLE XI Officers Section 11.1 President: The president shall be the Chief Executive Officer for the Association. The president shall preside at all meetings of the Board of Directors and members. Among the president's other duties, the president shall have general supervision over the business activities of the Association, and shall see that all orders, policies and resolutions of the Board of Directors are put into effect. The president shall be an ex-officio member of all standing committees. The president or the president's delegate shall represent the Association at al] U.S. and Minnesota Hockey meetings attended. The president shall give a written and/or oral report of what was accomplished during their term of office at the Annual Meeting. The president shall be bonded for the amount of $50,000.00 and shall be eligible to sign on the Association accounts. Section 11.2 Vice-president It shall be the duty of the vice president to preside at all meetings in the absence of the president. In the event of the disability of the president, the vice president shall assume the duties of the president's office. He/she shall further perform any assignments given him/her by the president and/or the Board of Directors. He/she shall serve as the president-elect, assuming the office of president after the next Annual Meeting. The Vice-president shall ensure that an audit shall be conducted at the end of each fiscal year at the direction of the Executive Committee. Section 11.3 Treasurer: The treasurer shall have custody of all Association funds with the exception of the gambling accounts and shall keep books belonging to the Association with full and accurate accounts of all receipts and disbursements. He/she shall disburse funds of the Association as may be directed or authorized by the Board of Directors, taking proper vouchers for such disbursement, and account to the president and the Board of Directors whenever requested. He/she shall be able to account for all transactions as treasurer and for the financial condition of the Association. The treasurer shall be bonded for the amount of $50,000.00 and shail ensure that 2 individuals sign on all checks disbursing Association funds. He/she is responsible for a preliminary budget of the Association, to be presented by the June board meeting. All non-budgeted requested expenditures in excess of $250.00 must first be submitted to the Treasurer which will be brought to the Executive Committee prior to submitting for approval of the Board of Directors. The annual budget shall he finalized and approved by the Board of Directors by the October board meeting. 9 Section 11.4 Secretary: The secretary shall attend all meetings of the members and the Board of Directors, and shall preserve all records of the Association and true minutes of the proceedings of all such meetings. He/she shall give all notices as required by the by-laws or resolutions. He/she shall perform such other duties as may be delegated, and keep a complete list of all members of the Association, with addresses and telephone numbers. The secretary also will be responsible for maintaining and updating the Policy and Procedures manual. Section I1.5 Officer-at Large: The officer-at-large shall serve in an advisory capacity and shall perform such duties as assigned by the Executive Committee. ARTICLE XIII Appointments Section 131 The following appointments shall be made by the Executive Committee, and along with the Executive Committee shall make up the Brooklyn Park Youth Hockey Association Board of Directors. An attempt will be made to install one or more assistant directors for all directorships whenever possible. Assistant directors will be non-voting positions, with the exception of the Assistant Hockey Operations Director. 1. Booster Director 2. Equipment Director 3. Girls Director 4. Mite I Director 5. Mite II Director 6. Mite III Director 7. Ice Director 8. MN Hockey District 3 Dir. 9. MN Hockey Registration Dir. 10. Communication Director 11. Tournament Director 12. Hockey Operations Dir. 13. Asst. Hockey Operations Dir. 14. ACE Director 15. Assistant ACE Director 16. Concession Director 17. Executive Director 18. Volunteer Coordinator 19. Cash Manager 20. Director of Team Managers 21. Marketing Director Complete job descriptions for Executive Committee members, the above listed appointed Board of Directors, and the gambling manager and executive director shall reside in the Procedures Manual of the Brooklyn Park Youth Hockey Association. 10 ARTICLE XIV Gambling Section 19.1 The Gambling Manager will be hired by the Executive Committee and approved by the Board of Directors. Compensation for the gambling manager will be determined by the Executive Committee and ratified by the Board of Directors. The gambling manager must be a member of BPYHA a minimum of 2 years prior to being hired. The gambling manager cannot be an elected officer of BPYHA. Section 19.2 It is the responsibility of the gambling manager to comply with the internal controls and appropriate State laws established for the operation of the gambling activity. Section 14.3 The gambling manager is responsible for hiring personnel to operate the gambling activity. The gambling manager must set employment policies and have them approved by the Board of Directors. Section 14. S The Executive Committee shall appoint each year, a three-person audit committee to periodically audit the gambling activity. The committee shall report their findings at the regular meeting of the Board of Directors. This report shall be incorporated in the minutes of the meeting. Section 14.6 The gambling manager will be a non-voting member of the Board of Directors of the Brooklyn Park Youth Hockey Association. ARTICLE XV Policies Sectian I5.1 Policies approved by the Board of Directors during the current fiscal year wil] be incorporated into the procedures manual per 13.1 above. Policies passed by the general membership will be effective as passed and will be effective until rescinded by the general membership. ARTICLE XVI Violations Section 16.1 Failure to comply with the by-laws by any member of BPYHA shall be subject to review by the Executive Committee. Sectio� 16.2 If an executive board member is up for review of a by-law violation, the remaining Board of Directors shall choose their replacement on the Executive Committee. Article XVII Executive Director 11 Section 17.1 Executive Director: The Executive Committee may recommend an Executive Director for approval by a majority of the Board of Directors annually. The Executive Director will not be an elected officer of BPYHA. The executive director shall handle business duties as directed by the Executive Committee. Duties could include the supervision of the gambling operation, responsibilities for contracts and leases, and being trained in all certification requirements of State and local governments. Article XVIII BPYHA Documentation Articles Section 181 BPYHA shall utilize its web site to publish and maintain its documents whenever possible. The undersigned, Jacki Heytens, Secretary of the Brooklyn Park Youth Hockey Association, hereby certifies that the foregoing by-laws were adopted as the cornplete revised by-laws of the corporation at a duly called meeting of the Board of Directors of said corporation March 17, 2004, to become effective April 1, 2004. Secretary (Signature) Date 12 City of Brooklyn Center A Nfillennium Community I To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley f Gj'� City Manager �'v Date: July 22, 2004 l Re: Brooklyn Park Youth Hockey Association The Brooklyn Park Youth Hockey Association has applied for a Premises Permit to conduct lawful gambling. The materials are enclosed that were received from the Brooklyn Park Youth Hockey Association. Representatives of the Association have appeared previously befare the City Council seeking a change in City ordinance regarding the requirement that an organization be in existence in Brooklyn Center for 3 years. In a fax received on July 8, 2004, the president of the association, Bob Eggerichs, indicates that the association feels it meets that requirement. In a May 21, 2004 e-mail, the City Attorney outlines a number of factors that may be considered in determining whether an organization has been in existence in Brooklyn Center for 3 years. The factors listed by Mr. LeFevere include: 1. The name of the organization. 2. The address of place of business of the organization. 3. The usual place of ineetings of the organization. 4. Whether the organization is chartered specifically to serve the City of Brooklyn Center. 5. The place of residence of a majority of the members of the organization. 6. The service area of the arganization, i.e. whether the principal location of the charitable activities and contributions are in Brooklyn Center. On July 8, 2004, the City Clerk requested a letter from the Brooklyn Park Youth Hockey Association to address the requirements of the ordinance. The resporise simply indicated in the July 8�' fax that the Minnesota Hockey recognizes them for Brooklyn Center. The address of the organization is in Brooklyn Park, all of the board of directors a Brooklyn Park residents, one contact for the organization is a Brooklyn Center resident. No information has been supplied regarding the total nuxnber of participants in the program and the number from Brooklyn Center. The City Council is presented with the issue of inte retin the City code regardin the g g requirement that an organization be in existence in Brooklyn Center for 3 years. As indicated in Mr. LeFevere's opinion, it would seem that the ardinance is designed to require something more than having a few members or contacts witn Brooklyn Center. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: I RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, the Brooklyn Park Youth Hockey Association has applied to the Minnesota Charitable Gambling Board for a premises permit to conduct lawful gambling at Coyote Grille, 2101 Freeway Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing approval of the issuance of any lawful gambling premises permit within its borders; and WHEREAS, the Brooklyn Park Youth Hockey Association has submitted all appropriate and necessary documentation for the premises permit and a background investigation has been conducted by the Brooklyn Center Police Department regarding all named gambling managers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and WHEREAS, the Brooklyn Park Youth Hockey Association agrees to provide to the City of Brooklyn Center each month copies of the monthly reports they submit to the Charitable Gambling Board. NOW THEREF RE T O BE I RESOLVED by the City Council of the City of Brooklyn Center, that the issuance of a premises permit to the Brooklyn Park Youth Hockey Association to conduct lawful gambling at Coyote Grille, 2101 Freeway Boulevard, Brooklyn Center, Minnesota, is hereby approved. Julv 26. 2004 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ****��*�M*** -C�MM. JOURNAL- DATE JUL-20-2004 TIME 16�59 MODE MEMORY TRRNSMISSION START=JUL-20 16�57 END=TUL-20 16�59 FILE N0.=505 STN COMM. ONE-TOUCHi STRTION NAME/TEL N0. PflGES DURATION N0. ABBR N0. 001 OK a 5�33178 007/007 �90�02�31 -CITY OF BROOKLYN CENTER ***********�:******�*******M******** -ADMIN. OFFICE 7635693494- ******W** City ot B�OC�K�YN 6301 SF3INGLE CREF_TC YA7tKWAY CENI.�R AROOKLYN GL'NTER, MN 55430 FACSIMTLB '1'RANSMITTAL SHEET •i'c> r•ann+, Dispatch Shax�n Knut�o� (;ity C:lcrk CUMVANY: DA'I'I'C jr i 1 7/ZO/ LWY Fnx tvUMl3f:R: 7'C�7'AL NO, Or• 1'AC&i INCLUUINC COVF.R; 7G3-503-3178 '74 �1•IqtaF? NL7Mi1F?R: SI:NDkiR'S TfSLL'1'1�IONfi NUMI3TSIL 7G3-569-330G F�'� S1iNUl::it'ti PAX NtiM13liR� 7G3-569-3494 URCL+N'1' I+QA R}�VI�iW 1'LF'sASF? <:bMMFSN7' PJ,FiASIti RIiY1.Y P1..liASl�i Rk;CYCLL ND'lliS/C:C)MMI iN'I:ti: Please complete background investigation on gambling manager and all named officers for Brdoklyn Park �'outh Hockey Association, Is there any possible way to get tizis by tomqrrow at 1:4Q a.m.? It is nee[led fnr the City Council agenda Let me krww. T'hank you. Sharon linutson FROM :SLIPSTREAMER FAK N0. :7637809762 Jul. a8 2a04 01�46PM P1 Brov�l rt w 1 I City Manager City of Brooklyn Center Re: Site Permit far Pullt�b Sales Dear Sir. Braaklyn Par1c Youth Hockey is subrtiitting doGUmentation with the purpose of acquinrtg a site permlt to sel) putitabs at the new Cpyote Grill on Shingle Creek Pkwy. in the city of Brooklyn Csnter. I ca►1'te befote the city council on May 24th #o Iay out my pcoposat and met w{th apprehensfo� based an the thought that I was ttying to change the ordinance which states that you must be a Brooklyn Center organization for 3 years. Ir� tn�th, I�m not trying ta change the ordinance at all. I am stating that Minnesata Fiackey recognizes that we are a Braokiyn Center AssoGation b�sed o� the faGt we are the 1'ept'esentative assoCiation for Brookiyn Center famit�es and their children. We have been recagnized as that for over 3 years so we are "fegally" with'rn the or�dinance th�t is called aut. Secondly, I am in the process of lay�ng aut a proposal which wiH show the council t at we work to get to the 85% within "their" trade zone which is cslled out as Brooklyn Center. W��jng to By (egally futfllfing bath these raquirements. I see no reason why the cauncfl would go �gainst the wishes of the busin�ss owner and not grant �is site permit. Thank you for your time, Bab Eggerichs Preside nt BPYHA Broaklyn Park Youth Hockey Association c/o 6rooklyn Park Community Activity Center 5600 85th Avenue N arth Brooklyrt Park. Mrnr,esota 55443 Minnesota Lawfu/ Gambling 6io3 LG214 Premises Permit Application Pa °fz FOR BOARD USE ONLY (see Required Attachments on Page 2) Annuai Fee $150 Check# Organization information Organization l name v Organization license number �r h I N�� oC,� l7SSOC. -----n t� o �9 a� Name of chief executive ofFcer (CEO) Daytime phone number �o�- �.qq�� s �L3-Y.2S t1v� Gambling premises information Name of establishment where gambling will be conducted Street address {do not use a P.O. box number) �o ti o re. G�l I l� Z.f o I Fc�cway �L�/) City or tawnship County Zip code ��o0�-�"1!f �'�er /"�n/ ��tn,u. .SS�{�c� Does your organization own the building where the gambling will be conducted? _Yes �No If no, attach LG215 Lease for Lawful Gambling Activity Gambling bank account information Bank name Bank account number 1r�e,1 t S-� q o�a� k o�rc� z 7QSo s Sank street address City State/Zip code PL 5 r�N S5'�l 79 Address(es) of off-site storage space of gambling equipment related to this site (Do not use a P.O. box number) Address p ry State/Zip code 11 X�n �Dn N Ilo�`� Dfoo�'vn1 �af ,/�l''� $.S�`7S 1 Se. c.v.� .e. M i n S�o a c Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion must be at least 1-1/2 hours, not to exceed 4 hours. No more than SO bingo occasions may be conducted per week. D�.y B ae inninq/En q Ho�rs 1?� B�ginning/Ending Hours to to to to to to to to to to Noon hour bingo Noon hour bingo must be conducted between 11:00 a.m. and 2:00 p.m. on a leased premises which must have a license for the sale of intoxicating beverages on the premises under chapter 340A. Check the day(s) that noon hour bingo wil4 be conducted. ._Sunday _Monday _Tuesday _Wednesday _Thursday _Friday ____Saturday LG214 Premises Permit A lication Page 2 of 2 Pp 6/03 Data Privacy The information requested on this form (and any attachments) your premises permit. When the Board issues your premises wili be used by the Gambling Control Board (Board) to permit, all of the information that you have provided to the Board in determine your qualifications to be invoNed in lawful gambling the process of applying for your premises permit wil� become pubiic adivities in Minnesota, and to assist the Board in conducting a except for your social security number, which remains private. If background irnestigation of you. You have the right to refuse the Board does not issue you a premises permit, aff the informadon to supply the information requested; however, if you refuse you have provided in the process of applying for a premises permit to supply this information, the Board may not be able to remains private, with the exception of your name and address determine your quai'�fcations and, as a consequence, may which will remain public. refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your Private data about you are available oniy to the foilowing: Board appliqtion, members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public This form may require the disclosure of your social security Safety; the Minnesota Attomey Genera4; the Minnesota number. If so, your sociai security number wiil be used to Commissioners of Administration, Finance, and Revenue; the determine your compliance with the tax laws of Minnesota. Minnesota Legislative Auditor, national and intemational gambiing Authorization for requiring your social security number is regulatory agencies; anyone pursuant to court order; other found at 42 U.S.C. 405 (c)(i). individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and Your name and address wi{I be public information when agencies for which law or legaf order authorizes a new use or received by the Board. All the other information that you sharing of information aRer this notice was given; and anyone with provide will be private data about you until the Board issues your consent Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; z. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if Iicensed, to abide by those laws and rules, incfuding amendments to them; 6. Any changes in application information wili be submitted to the Board and local unit of government within 10 days of the change; and 7. rR97t ailure to provide required information or providing false or misleading information may result in the derii I r revoc tion d�tT1�.Jicense. i. e Signatur f Chief�x� �cer (Designee ma not si n D�te Y 9 Print name v �.bt a �f v Required Attachments 1. If the premises is leased, attach a copy of your lease. Npr(E: There is a monthly regulatory fee of 0.1% Use form LG215 Lease for Lawful Gambling Activiry. (.001) of gross receipts from lawful gambling 2. Attach the resolution from the locai unit of govemment conducted at the site. 7he fee is reported on (city or county) which shows approval of your apptication. the Gi Lawful Gambling Monthly Summary and 3. For each premises permit application, a$150 annual premises Tax Return and paid with the monthly tax permit fee is required. Make the check payable to the "State report. of Minnesota." Quesiions? Cal{ the Licensing Section of the Gambling Gontrol Mail the application with attachments to: Board at 651-639-4000. If you use a TIY, call the Board by using Gambling Controi Board the Minnesota Relay Service and ask to place a call to 651-639- 1711 West County Road B, Suite 300 Sauth 4000. Roseville, MN 55113 This form will be made available in alternative format (i.e. large orint. Braillel uoon reauest. Minnesofa Lawfu/ Gamb/ing s/os I LG215 Lease for Lawful Gambling Activity b3 -�S�"' �J� 1 of 2 Name of legal owner of premises Street address City State Zip Daytime hone S `R t� ta C ��i��<. Z 1 l ��v.�c..1 L3 lJ ��r��k l-{ �U '�,.a �lJ p� Name of lessor Street address City Sffite Zip Daytime phone (If same as legal owner, write in "SAME") �'�v�--�- -r �'Z s4t� .�.�,1 Name of feased premises Street address City Zip Daytime phone C��rr�'c C 2 t d �cz�� -.��.u,� �S �3� Name of lessee (organization leasing the premises) Organization license number DayGme phone u.u-r �a o.t� I�x��.�i i 3 c�`Z9'ZZ [0`3- 5��t' Rent Information (for activity involving pull-tabs, tipboards, paddlewheels, and pull-tab dispensing devices. No lease required for rafFles.) Booth operadon sales of gambling equipment by an employee (or Bar operation sales of gambling equipment within a teased volunteer) of a licensed organization within a separete enclosure that is premises by an employee of the lessor from a common area where distinct from areas where food and beve2ges are sold. T __food and bevere� are also sold_ Does your organization OR any other organization conduct gambling from a booth operation at this location2 X Yes r__ r t If you answered yeS to the question above, rent limits are If you answered Il0 to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: Booth operation Bar operation Booth operation and pull-tab dispensing device Bar operation with pull-tab dispensing device Booth operation and bar operation Puil-tab dispensing device only Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in The maximum rent ailowed may not exceed $2,000 in total per month for all organizations at this premises. total per manth for aN organizations at this premises. Complete one option: Comptete one option: Option A: 0 to SO% of th �ross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid Percentage to be paid Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, to $400 per month may be paid. Amount to be paid $200 per month may be paid. Amount to be paid Option C: $0 to $400 per month may be paid on the first $4,000 Option C: $0 to $200 per month may be paid on the first $1,000 of gross profit. Amount to be paid Plus 0% to of gross profits. Amount to be paid.$ Plus 0% to 10% of the gross profits may be paid per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid over $1,000. Percentage to be paid NOTE: If there are any other terms or conditions for rent-related Check all activities that will be condueted: expenses, they must be identified on page 2 under Acknowledgment �Pufl-tabs Pull-tabs with dispensing device of Lease Terms and are subject to Board approvai. _Tipboards �Paddlewheel _Paddlewhee� with table Rent Information: Bingo Bingo and/or Bar Bingo Occasions N�n Hour Bingo Occasions Rent for bingo and all other gambling activities Rent may not exceed $25 per day for noon hour mnducted during a bingo occasion may not exceed: bin o eonducted between 11 a.m. and 2 m, at a •$200 per occasion for up to 6,000 square feet 9 p• •$300 per occasion for up to 12,000 square feet premises with a license for the sale of intoxicating •$400 per occasion for more than 12,000 square feet beverages on the premises. •$25 per occasion for bar bingo conducted at any time in a Rent to be paid per bingo occasion bar (regardless of square footage). Your organization must conduct another form of lawful gambling, and the For any new bingo actro�ty not prev�ously premises must serve intoxicating liquor or 3.2 percent included in a Premises Permit Application, malt beverages. I attach a separate sheet of paper listing the I Rent to be paid per bingo occasion days and hours that bingo will be conducted. Amended if this is an amended lease showing changes occurring during the term of the current premises permit, both parties that signed the lease must initial and date all changes. �anges must be submitted to the Gambling Control Board Lease at least 10 days prior to the change. Write in the date that the changes will be effective Only Lessor Date Organization Date LG215 Lease for Lawful Gambling Activity 8io3 Page 2 of 2 Lease Term The term of this lease agreement will be The lessor, the lessor's immediate family, and any agents or concurrent with the premises permit issued by the Gambling employees of the lessor will not require the organization to Control Board (Board). pecform any action that wouid violate statute or rule. Management of Gambling Prohibited The owner of the If there is a dispute as to whether any of these lease provisions premises or the tessor will not manage the conduct af gambting have been violated, the lease will remain in effect pending a final at the premises. determination by the Compliance Review Group (CRG) of the Gambling Control Board. Participation as Players Prohibited The lessor, the lessor's The lessor shall not modify or terminate this lease in whole or in immediate family, and any agents or gambling employees of the part due to the lessor's violation of the provisions listed in tliis lessor wiil not participate as players in the conduct of lawful lease. gambling on the premises. Arbitration Process The lessor agrees to arbitration when a Illegal Gambting violation of these lease provisions is alleged. The arbitrator shall be The lessor is aware of the prohibition against iilegal gambling the CRG. in Minnesota Statutes 609J5, and the penaities for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. Access to permitted premises The Board and its agents, the To the best of the lessor's knowledge, the lessor affirms that commissioners of revenue and public safery and their agents, and any and all games or devices located on the premises are not �aw enforcement personnel have access to the pecm'stted premises being used, and are not capable of being used, in a manner at any reasonable time during the business hours of the lessor. that violates ti�e prohibitions against illegal gambiing in Minnesota Statutes 609.75, and the penalties for iliegal The organization has access to tlie permitted premises during any gambling violations in Minnesota Rules 7861.0050, Subpart 3. time reasonabie and when necessary for the conduct of lawful Notwithstanding Minnesota Ruies 7861.0050, Subpart 3, an 9ambling on the premises. organization must continue making rent payments, pursuant �essor records The lessor shail maintain a record of all money to the terms of the 4ease, if the organization or its agents are received from the organizaUon, and make the record available to found to be solely responsible for any illegal gambling conducted me Board and its agents, and the commissioners of revenue and at that site that is prohibited by Minnesota Rules 7861.0050, public safety and their agents upon demand. The record shall be Subpart 1, or Minnesota Statutes 6�4.75, unless the maintained for a period of 3-1/2 years. organization's agents responsible for the illegai gambling activity are also agents or employees of the lessor. Rent all-inciusive Amounts paid as rent by the organization to The lessor shall not modify or terminate the lease in whole or �e lessor are all-inclusive (except bingo rent). No other services in part because the organization reported tn a state or local Provided or contracted by the lessor may be paid by the law enforcement authority or the Board the occurrence at the organization, includi�g but not limited to trash removal, janitorial site of illegal gambling activity in which the organization did not and cleaning seryices, snow remaval, lawn services, electricity, participate. heat, security, security monitoring, storage, other utilities or Other Prohibitions services, and in the case of bar operations, compensation for qsh shortages. Any other expenditures made by an organization that is The lessor will not impose restrictions on tt�e organization with related to a leased premises must be approved by the director of respeectt to providers (distributors) of gambling-related equipment Gambling Control Board. Rent payments may not be made to an and services or in the use of net profits for lawful purposes. individuaL Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the pafies as to the �awful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. Other Terms or conditions: �1 �lZ� /o� -zz -o S�gn ture of lessor �ate Sig ture of or anization official (Lessee) Date �I�..`G�r�-J� ov r a-�1 �111� �i��'aa'�(r�� 4��g� i CKS Print name and title of lessor I Print name and title of lessee Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TTY, you can qll the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The informatfon requested on this form will become public information when received by the Board, and will be used to determine your mmpliance with Minnesota statutes and rules governing lawful gambling activities. Board of Directors Committees I I Kelli Logelin Partridge �Registration �2616 79th Ave N �Brooklyn Park 55444 �763-586-9936 �kal.bovhreaisterCa)comcast.net Jeanne Ness �ScholasticAchievement �8737 Montegue Terrace �Brooklyn Park 55443 �763-493-4339 �ieannemnessCa�hotmail.com Lori Carison �Tournament Director �6700 84th Ave N �Brooklyn Park 55445 �763-425-3210 �Ioric123067Co�hotmail.com Kim Thompson �Tournament Scheduler �4403 Edinbrook Terr N. �Brooklyn Park 55443 �763-493-5224 �kathockevla�attbi.com Jill Plante �Team Mgr Coordinator �8244 Morgan Ave N �Brooklyn Park 55449 �763-560-6385 �llolantela�msn.com Jill and Joe P�ante �Cash Manager �8244 Morgan Ave N �Brooklyn Park 55449 �763-560-6385 �llplante�msn.com Josie Esterly �Volunteer Coordinator �u�i' Cqr'mccrt GaMb1 3 I o8 �d IS+t1 N�ranKl.� �QrK 55Uy3 7 �so 4l0 CITY OF BROOKLYN CENTER Cash Receipt eceipt Date 7/8/2004 ceipt Number 17765 BROOKLYN PARK YOUTH HOCKEY BACKGROUND INVESTIGATION 10100-4422 250.00 BACKGROUND INVESTIGATION Total Receipt Amount 250.00 107987 15:09:39 1 ,..._..�,�n, ,:.,,,�„�.�,.,__�R,.�:._ r ,,,.�:,8,�.,..-- BROOKLYN PARK YOUTH HOCKEY ASSOC. sio� 6 0 0 9 GAMB�ING ACCOUNT 0962178505 5600 85TH AVE. N "7 b� BROOKLYN PARK, MN 55443 DATE W \.J�^-"' 1°"'� a r ouK� f' a o a PAY TO THE I i ORDEROF m f�^' ��I nOLLARS LJ g Wells Fargo Bank nes�ta, f�.A. 1 Minneapolis, MN 55479 www.wellsfargo,com i MEM� P��..� S f�e P�,��raU,� �:�L�-�I,�S �:091000019�:096 2 �78505ii' 06009 A� �T� m,, �-Sharon Knutson Premises Permit Coyote Grille .Pa9e� From: Sharon Knutson To: SLIPSHIELD@aol.com Date: 7/8/04 12:12PM Subject: Premises Permit Coyote Grille Sorry to bother you Bob, but the City Manager has asked that BPYHA submit a letter to go along with the premises permit that would address the basis for how BPYHA meets the requirement of the City Ordinance that requires that the organization be in existence in Brooklyn Center for three years. His reasoning is that the City Council has already addressed the issue of this requirement at its May 24 meeting. I've attached the City Council May 24 meeting minutes for your review. I did receive the premises permit and $250 check for investigation today and forwarded to Police Department for background check. I requested that they send it back to me by July 21 so that I can put it on the agenda for July 26. Talk to you soon. Sharon Knutson City Clerk City of Brooklyn Center (763) 569-3306 (763) 569-3494 fax sknutson@ci. brooklyn-center. mn. us BPYHA Contacts �2004-2005 Name �Position �Address �City, Zip �Phone1 �Email Executives Bob Eggerichs �President �8992 Stratford Court �Brooklyn Park 55443 �783-425-9109 �SLIPSHIELDCa�aol.com Jay Anderson �Vice President �2701 91st Crescent N �Brooklyn Park 55443 �763-425-2703 �ikanderson60lcr�aol.com Jacki Heytens �Secretary �3331 Edinbrook Court �Brooklyn Park 55443 �763-424-3122 �ihevtensCa�medtox.com Colleen Tucker �Treasurer �9116 Trinity Gardens �Brooklyn Park 55443 �763-493-9697 �ColleenTucker�comcast.net Brian Schipper �Officer at Large �10436 Vera Cruz Drive �Brooklyn Park 55443 f 763-493-2461 �bschinperancomcast.net Jim Lee �Executive Director �9171 Yates Bay Court N. �Brooklyn Park 55443 �763-493-8405 �JimTerriLeeanaai.com Board of Directors I Committees Kevin Borer �ACE Coordinator �8316 Riverview Lane �Brooklyn Park 55432 �763-566-1220 �Kborerla�unitedhardware.com Dennis Johnson �Assist. ACE Coordinator Shelley Brady/Paula Baker �Boosters �4109 70th Ave N �Brooklyn Center 55429 �763-566-1260 �sshbradvla�msn.com OPEN �Communcations Bill Inman �Concessions �8308 DupontAve N �Br000klyn Park 55444 �763-561-5714 �BPYHAConcessionsCa�msn.com Scott Thompkins �Equipment Co-Director Jim Pierce �Equipment Co-Director Jennifer Stroh �Fundraising �6325 Kyle Ave N �Brooklyn Center 55429 �763-531-0144 �Jennv.StrohCa�Tennantco.com Sue Lundin �Assist. Fundraising Kurt Carman �Gambling �3108 81st Ave N �Brooklyn Park 55443 �763-549-8046 �LakeSuccessCa�msn.com Laurie Jones �Gambling, Assist �886 105th Ave NE �Blaine 55434 �763-783-1471 �GandLJones(c�comcast.net Sean Mickelson �Goalie Equipment �9213 Colorado Ave N �Brooklyn Park 55443 �763-424-6241 �smickelsonCa�tana-law.com Scott Feehan �Assist. Goalie Equip Joe Plante �Goalie Training �8244 Morgan Ave N �Brooklyn Park 55449 �763-560-6385 �llqlantela�msn.com Ron Bickford �Hockey Operations Dir �8913 Ashley Terrace �Brooklyn Park 55443 �763-425-5558 �MNRONB anaol.com Jon Ledin �Hockey Ops Assist �9036 Moorland Chase �Brooklyn Park 55443 �763-424-8484 �IedinCa�comcast.net John Borer �Hockey Ops Girls �8310 W River Road �Brooklyn Park 55432 �763-566-3077 �Jon.BorerCa�FHR.com I Kevin Lindstrom �Hockey Ops At Large �9121 Vickors Crossing �Brooklyn Park 55443 �763-425-8662 (KEV16SEADOGSCa�vahoo.com i Ed Tucker �Hockey Ops C league �9116 Trinity Gardens �Brooklyn Park 55443 �763-493-9697 �Tuckered ancomcast.net Amy Johnson �Hockey Ops Squirts �4641 Edinbrook Terrace �Brooklyn Park 55443 �612-363-5114 �aoioroductions anaol.com Dave Olson �Hockey Ops PeeWee �3419 Highlands Road �Brooklyn Park 55443 �763-315-2784 �olviceCa�msn.com Joe Plante �Hockey Ops Bantams �8244 Morgan Ave N �Brooklyn Park 55449 �763-560-6385 �iiolantela�msn.com Rod Hegerle �Ice Director �8304 Douglas Dr. N �Brooklyn Park 55443 �763-549-0242 �BPYHA.IceCn�comcast.net OPEN �Marketing Jim Lee �Minnesota District 3 Rep �9171 Yates Bay Court N. �Brooklyn Park 55443 �763-493-8405 �JimTerriLeeCc�aol.com. Mike Fredericks �Assist. D3 Rep Tony Kiminski �Mite 3 Director Steven Dehmer �Mite 1!2 Co-Director �1508 Pribble St. N. �Champlin 55316 �763-427-0515 �sdehmeronci.b�aine.mn.us EM071(a�earhtlink.net Bob Shadle �Mite 1/2 Co-Director �8100 Ewing Ave �Brooklyn Park 55443 �763-503-6666 Kris Bengston �Publicity �763-425-6908 �kbenastoncmCa�aol.com Brae�l n Par Y k ��tn Hoc�e Assoclat�on Y BPYHA G July 4, 2004 Dear Sharon: Pve included the following documents: Minnesota Lawful Gambling Form LG214 Premises Permit Application $250 investigation fee Hopefully this will be enough information to get the process started. We will also send the list of members once were further along in the process. Our member list is over 500. Please let me know when our earliest time will be on the Brooklyn Center Counsel agenda to discuss BPYHA running a pull-tab booth at Coyote Grill. Questions regarding this can be directed to Kurt Carman at 612-3045239. Sincerely, n Kurt Carma.n Gambling Manager Enclosures Brooklyn Park Youth Hockey Association c/o Brooklyn Park Community Activity Center 5600 85th Avenue North Brooklyn Park, Minnesota 55443 �roo�l n P Y ar� outl� Hoc�e Assoc�at��n Y Dear Sharo h� Pira� I am the Gambling Manger for the Brooklyn Park Youth Hockey Association. I would like to re uest that BPYHA be put on the agenda for the Brooklyn Center Counsel q Meeting scheduled on July 12, 2004 to discuss operating a Pull-Tab booth at the new Coyote Grill restaurant which is located in Brooklyn Center. The owners of Coyote Grill have already completed the LG215 Lease for the Lawful Gambling Activity form which is attached. However, the Gambling Control Board also requires a Resolution requesting that the Minnesota Charitable Gambling Control Board approve the premise permit for BPYHA at Coyote Grill located at 2101 Freeway Blvd., Brooklyn Center, MN 55430. BPYHA is putting together a proposal that will hopefully be a win/win, for both Brooklyn Center and the new restaurant owners of Coyote Grill. The restaurant owners have selected BPYHA as the Pull-Tab operator because we are both sports related and use our Pull-Tabs dona.tions for children's sports. Sincerely, Kurt Carman Brooklyn Park Youth Hockey Association c/o Brooklyn Park Community Activity Center 5600 85th Avenue North Brooklyn Park, Minnesota 55443 Office of the Ci Mana er tY g City of Brooklyn Center A Millennium. Community MichaeT J. McCauley Ciry Manager June 29, 2004 Mr. Kurt Carman Brooklyn Park Youth Hockey Association c/o Brooklyn Park Community Activity Center 5600 85th Avenue North Brooklyn Park, MN 55443 Dear Mr. Carman: On June 28, 2004, the City of Brooklyn Center received your letter and Minnesota Lawful Gambling Form LG215 Lease for Lawful Gambling, along with a copy af City of Brooklyn Park Resolution #2004-40. In your letter, you request to be placed on the July 12, 2004, City Council agenda for consideration of the operation of a pull-tab booth at Coyote Grille, 2101 Freeway Boulevard. The State of Minnesota Gambling Control Board requires the City Council to adopt a resolution approving your Premises Permit Application. Since there was not a Premises Permit Application included, the Council would not be able to act on your request. City Code Section 23-1902 is included and outlines additional regulations and qualifications that must be complied with by a charitable gambling organization. One of the requirements is an investigation fee for an organization applying for a premises permit, which requires the Police Department to do a background investigation. A background investigation may take up to four weeks to complete. To apply for a Premises Permit, please submit the following: Minnesota Lawful Gambling Form LG214 Premises Permit Application List of names and addresses of all current members $250 investigation fee Questions regarding the application process can be directed to City Clerk Sharon Knutson at 763-569- 3306. Sincer ichael J. McCa ey City Manager Enclosures 6301 Shangle Creek Parhway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FA.X (763) 569-3494 www:cityofbrooklyncenter.org Sharon Knutson BPYHA Y... F Pa� _,_e ._d e 1 From: "LeFevere, Charlie L." <clefevere@Kennedy-Graven.com> To: "Mike Mccauley (E-maii)" <mmccauley@ci.brooklyn-center.mn.us> Date: 5/21/04 2:58PM Subject: SPYHA Mike, The Brooklyn Park Youth Hockey Association (BPYHA) has asked whether it may be permitted to conduct charitable gambling in the new restaurant to be called the "Coyote Grill" in the City of Brooklyn Center. The Council asked for further information on whether the BPYHA would qualify under the ordinances of the City. The qualification of the BPYHA tlepends, at least in part, on whether it has been "in existence in Brooklyn Center for at least three years". This is a requirement under both City Code Section 11-717, paragraph 1, and Section 23-1902, paragraph 1. The words "in existence in Brooklyn Center" are not defined in the ordinance. The requirement that the organization has been in existence in Brooklyn Center serves at least finro public purposes. The first is that a presence in Brooklyn Center would make it easier for the City Council to evaluate the suitability and fitness of the organization to conduct gamb{ing activities. The second purpose relates to the expenditure of gambling proceeds. The State law governing charitable gambling authorizes local regulation of charitable gambling activities, but fimits local regufations in severaf ways. One of these limitations is that, although a city may impose limitations on the area within which gambling proceeds must be spent, it cannot require a smaller area than the "trade ar.ea" of the City. The trade area is defined by State law as incfuding every city and township contiguous to the city adopting the regulation. Minn. Stat., Section 349.213, Subd. 1(b). Therefore, in the case of Brooklyn Center, the City can require that lawful proceeds be expended in the City's trade area, but must allow those expenditures to be made in surrounding cities including Brooklyn Park, Minneapolis, Crystal, Robbinsdale and Fridley. Therefore, it is possible that the City could license a charitable organization to conduct charitable gambling in the City of Brooklyn Center, but that organization would spend 100°/a of the gambling proceeds in the City of Minneapolis, or some other contiguous city outside of the City of Brooklyn Center. By imposing stricter limitations on the qualification of the licensed organization (that is, requiring that it be "in existence" in Brooklyn Center), the City may increase the likelihood that gambling proceeds will be used for authorized charitable purposes within the City of Brooklyn Center. For example, if a charitable organization is chartered to serve the Brooklyn Center area as its area of jurisdiction, draws its members from Brooklyn Center, and meets in Brooklyn Center, it is more likely to support charitable activities within the City. Since there are a limited number of locations where gambling is feasible (i.e. in bars), it would make sense for the Council to wish to secure the greatest possible benefit for the City of Brooklyn Center from the gambling activities conducted in those few locations in the City. The broadest possible interpretation of the ordinance might be that an organization that has any members, or conducts any activities in Brooklyn Center, is "in Brooklyn Center". However, this would include many regional or statewide organizations that have very limited connection to the City of Brooklyn Center. The ordinance is adopted by the City Council, which has the authority to interpret and to amend the ordinance. Nowever, it seems to me that a determination of whether an organization has been "in existence in Brooklyn Center for at least three years" must be determined on a case by case basis. There are a number of indications whether a business would qualify under this standard including such factors as 1. The name of the organization. 2. The address or place of business of the organization. 3. The usual place of ineetings of the organization. 4. Whether the organization is chartered specifically to serve the City of Brooklyn Center. 5. The place of residence�of a majority of the members of the organization. „R, Sharon Knutson BPYHA n a,.. Page 2 6. The service area of the organization, i.e. whether the principal location of the charitable activities and contributions of the organization are in Brooklyn Center. I have limited information about the BPYHA; however, it appears that the name and the address of the organization do not relate it to Brooklyn Center although some of the persons served by the organization are in Brooklyn Center. Applying such criterion to the BPYHA, it would be difficult to make a strong case that the organization has been in existence in the City for three years in any significant sense. In summary, it is my opinion that an organization could be deemed to be "in existence in Brooklyn Center° even though it did not limit its activities to the City of Brooklyn Center. (The ordinance itself requires only that 85% of the expenditures be within the trade area. Therefore, even a qualifying organization could spend 15% of its expenditures outside of the trade area.) However, State law requires only that an organization has been in existence for three years. The language "in existence in Brooklyn Center" is an additional requirement imposed under City Code. If this additional requirement has any meaning, I assume that an organization would have to have more than a limited number of inembers and more than a casual amount of charitable activities within the City to qualify. If the Council concludes that the BPYHA does not qualify as having been in existence in the City of Brooklyn Center for three years, the organization could not conduct charitable gambling in the City unless the City Council decided to amend the ordinance. Please let me know if you have any further questions. Charlie CC: "Curt Bo ane E-mail <cbo an 9 Y( g ey@ci.brooklyn center.mn.us Sharon Knutson (E-mail)" <sknutson@ci.brooklyn-center.mn.us> Mr. Crandall's concern is that if these Sober Cab participants are not exempt from the Brooklyn Center ordinance the Sober Cab service to the area would be greatly reduced setting up the potential for an impaired person getting behind the wheel of a vehicle rather than waiting for a Sober Cab. i_ Mr. McCauley discussed that this request could potentially be accommodated. Councilmember Lasman expressed that she believes that the Sober Cab Program is something to be considered. Mr. McCauley discussed that this matter could be researched further and language could be redrafted. A motion by Councilmember Carmody, seconded by Councilmember Lasman to have City Attorney redraft the taxicab ordinance with the two requested changes. Motion passed unanimously. llg. REVIEW OF CHARITABLE GAMBLING ORDINANCE RELATING TO LICENSE QUALIFICATIONS Mr. McCauley discussed that the City Attorney had reviewed the charitable gambling ordinance at the request of the City Council on whether or not the Brooklyn Park Youth Hockey Association could be considered to sell pull-tabs in Brooklyn Center if they submitted a formal application. A determination of whether an organization has been in existence in Brooklyn Center for at least three years must be determined. There are a number of indications whether a business would qualify under this standard which include the following factors: The name of the or anization. g The address or place of business of the organization. The usual place of ineetings of the organization. Whether the organization is chartered specifically to serve the City of Brooklyn Center. The place of residence of a majority of the members of the organization. The service area of the organization. Councilmember Lasman discussed that she believes the City Attorney clearly outlined the ordinance and that she would support the City's ordinance since there was a lot of time redrafting the ordinance with regards to charitable gambling. Bob Eggerichs, Brooklyn Park Youth Hockey Association Director, addressed the Council to express that he had different takes on the response and believes that the language provided from the City Attorney is vague. OS/24/04 12_ Mayor Kragness asked if the Brooklyn Park Youth Hockey Association would be willing to provide portions of their funds to other organizations in the City. Mr. Eggerichs responded that they would be willing to give more to the community. Council and Mr. Eggerichs continued discussing the ordinance percentages and the non-profit organizations currently in the City of Brooklyn Center. Mr. McCauley discussed that at this time no formal application has been received from the Brooklyn Park Youth Hockey Association. This matter is being discussed to see whether or not the Council would consider an ordinance amendment if a formal application is received from the Brooklyn Park Youth Hockey Association. Councilmember Lasman expressed that she would not like to change the ordinance. 12. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by �cuncilmember Lasman to adj ourn the City Council meeting at 8:54 p.m. Motion passed unanimously. '1�/1.�.( ��'1��✓t Cit Clerk Mayor d Y i OSl24/04 -13- I�-- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 10, 2004 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFO:ZMAL OPEN FORUM, The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay-Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Warks Director/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Bob Eggerichs, 8992 Stratford Court, Brooklyn Park, addressed the Council to ask that they consider a site license for the Brooklyn Park Youth Hockey Association to sell pull-tabs at the new proposed Coyote Grille in Brooklyn Center. Mr. Eggerichs discussed the purpose of the Brooklyn Park Youth Hockey Association and fundraising; and informed that there are approximately 19 kids from Brooklyn Center that equals 15 percent of the total program. City Manager Michael McCauley suggested that the City Attorney review whether or not the Brooklyn Park Youth Hockey Association would qualify under the City's Ordinance to sell pull-tabs in Brool�lyn Center. City Attorney Charlie LeFevere informed that he would review the matter within two weeks. Greg Haage, 5801 John Martin Drive, addressed the Council to introduce himself and to invite the Council to attend events at the new Up Front Event Center. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. OS/10/04 -1 City Council Agenda Item No, l0e �A�� NT ��rFA �01. EF� Brooklyn Center Fire F�� T. Memorandum f TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief SUBJECT: Old Air Pac's DATE: July 22, 2004 Over the past year I have advertised our old breathing equipment for sale in various fire and government publications, I have had no response or inquiries expressing interest in purchasing our old Air Pac's. In researching the reason for so little interest these used units I have been told there is a glut of used air in the American Market due to the FEMA Grant program as this is the area most fire department requesting grant money for most fire departments have purchased new Air-Pac's with FEMA Grant Money. I started contacting fire equipment dealers a couple of months ago to see if they would be interested in purchasing the old air Pac's, I have had only one response and that is from Clary's Fire Equipment and they have proposed a plan that I feel is good for City of Brooklyn Center. There proposal is that they will give the fire department a credit for the Air Pac's that we can use to purchase supplies and equipment from them. They are willing to pay the fire deparhnent $400.00 for each used Air Pac's and $250 for each additional used bottle. I feel this will be an excellent way to salvage some value from our ald Air Pac's, as there does not seem to be any market for used breathing equipment. w I AGENDA j CITY COUNCIL WORK SESSION July 26, 2404 Immediately Following Regular CiTy Council Meeting at 7:00 P.M City Council Chambers 1. Proposed Hotel development adjacent to Earle Brown Heritage Center 2. Proposal to increase a.nnual Fire Relief pension amounts 3. Senior Housing Proposal discussion 4. October l l City Council meeting League of Minnesota Cities Annual Conference 5. Miscellaneous 6. Adj ourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley City Manager DATE: July 22, 2004 SUBJECT: Work Session Agenda Items Aeenda Item 1. Pronosed Hotel Develonment {Materials were distributed with the July 12�' work session agenda. The developer will make a presentation to the City Council on their proposed hotel development adjacent to the Earle Brown Heritage Center. Attached are the proposed Development Agreement and Paxking and Pedestrian Link Easement Agreement. The developer is proposing to subst'itute a Holiday Inn Select for a Radisson. The Developer would construct 200 rooms (10% af which would be suites), a 150 seat full service restaurant, and a 25,000 square foot indoor water park. Construction would start no later than May 1, 2005, with completion no later than December 31, 2006. The agreement provides that the EDA would pay up to $1 Million for the cost of constructing a link between the hotel and the EBHC. The Developer wauld pay $2,165,000 for the property 20 years after the date of closing or sooner if certain events happened such as sale of the property, default, or refinancing in an amaunt greater than the original principal permanent loan. The Developer would receive the tax increment generated only by the hotel property up to a principal amount of $2.6 Million or the eligible costs, whichever is less. The note would run through February 1 of 201 l, providing increment from 2007 through 2010 tax years. A�enda Item 2. Pronosed Increase in Fire Relief Pension The Fire Relief Association is requesting an increase in the lump sum annual benefit. The benefit has not been adjusted since 1998. Springsted has reviewed the materials supplied by the Fire Relief Assoeiation and their letter is attached, along with additional materials on the fire pension. It appears that the lump sum payment can be increased to $6,000 per year without creating a present liability for 6301 Shingle Creeh Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FA�Y (763) 569-3494 www.cityofbrooklyneenter.org the City. The City is always at risk shauld the investments fall below the amounts required to fund the pensions. One of the issues raised by Springsted is the coverage for fluctuations in market value. Their recommendation is to provide a minimum cash contingency amount to cover fluctuations. Chief Boman has pursued the potential to convert the Fire Relief Association from defined benefit (the current system where the retirement benefit amounts are fixed) to a defined contribution system (where a specified amount is contributed each year into each firefighter's account for investment by the firefighter). Chief Boman has determined that it does not appear feasible to make a transition to a defined benefit plan without substantial obstacles and cost. I wauld recommend increasing the pension to $6,000 per year effective in 2005 and scheduling annual reviews of the pension amount. I would anticipate that the pension could be increased $500 in 2005 for 2006. However, I would like to cantinue to review increases based on annuai reviews, rather than set a multi-year set of increases given the needs for fund balances and potential changes in experience or markets. Springsted's DRAFT opinion is included in the materials. The opinion will be updated with the evaluation of the cash component of the Association's portfolio when the information is received from the Association's accounting firm. A�enda Item 3. Senior Housin� Proposal The attached materials describe a senior housing proposal for 57�' Avenue across frorn Northbrook. The purpose of the discussion is to determine if the City Council would like staff to pursue this cancept with the development of a development agreement. This proposal would be used to satisfy part of the requirements to expend 15% of increment from Tax Increment Financing District #3 for low to moderate income housing. At the end of 2004, the projected housing requirement is $2.1 Million. The cumulative housing requirement could range as high as $8 to $10 Million through terrnination of the district depending on the value of redevelopment in TIF District #3. Mr. Hoffman's memo mentions the beginning point of discussions regarding the financial feasibility and request for assistance to make the project feasible. Some City participation in acquisition cost and demolition is necessary, as well as making the economics work to insure a quality treatment for the building materials. The specific framework would need to be negotiated to determine both feasibility and reasonableness. A�enda Item 4. Octaber 11, 2004 Citv Council Meetin� The League of Minnesota Cities Annual Conference is scheduled for the period October 9 through October 12. This item is on the work agenda to determine how many Council members may be attending. If more than 2 members were planning to attend the full conference in Duluth, we would need to adjust the meeting schedule. Work Session Agenda Item 2 City of Brool�lyn Center A Millennium Community To: Mayor Kragness and cil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: July 23, 2004 Re: Fire Pension Springsted just received information regarding the allocation between money market and mutual funds subject to market fluctuation. Enclosed is their final opinion based on the actual money market allocation. The document was sent in Adobe Acrobat and when it printed it carried the bottom of pages over so that the printed version turned 3 pages into 5 with lazge gaps. T'he original is being mailed. In reviewing the opinion, they concur in the ability to increase the pension based on the projections subrnitted by the Relief Association. Springsted has identified a concern over liquidity. Their recommendation from 1997 and continued in this review, is that the Association should carry a 10% cash position to cover market fluctuations. Currently there is only $50,214 in money market, leaving $254,000 less in money market than Springsted would recommend. The City Council may wish to consider makirig an increase in the pension amount contingent upon an agreement by the Relief Association to shift funds from mutual funds or other investments to money market to provide greater coverage for potential market fluctuations. This afternoon I received a powerpoint presentation that the Fire Relief Association plans to present on Monday evening. Enclosed is a copy of the pages with text. There are several slides with pictures of fires etc. that were not copied due to time involved in printing. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fb rooklyncenter. org July 23, 2004 Mr. Mike McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Dear Mike: You have requested that we informally review the material provided by the Brooklyn Center Fire Relief Association and its most recent actuarial valuation which was perFormed by Van Inwaarden. As with a similar review we performed in 1997, you have again asked that we review this information not from an actuarial standpoint but from the City's policy perspective in order to give you a second opinion regarding the potential policy implications for the City. We have undertaken an informal review utilizing the Associations 2003 Audit Report and the Van Inwaarden January 1, 2003 actuarial valuation dated June 2003, with certain schedules updated as of July 2, 2004. Based on this review, we have come up with the following findings: The Fund appears to be we11 run and actuarially sound based upon the Van Inwaarden report. The plan had a surplus of $720,103 as of January 1, 2004 compare to $61,445 as of Januaty 1, 2003. The increase in surplus is due primarily to the adjustment of $658,658 to adjust the carrying value of investments to the fair market value as of December 31, 2003. The firefighters are requesting that their lump sum benefits be increased from $5,000 per year of service to $6,000 per year of service. The actuarial valuation incorporates two scenarios: the increase to $6,000 held static through 2008 and the increase for 2004 to $6,000 and increases in the lump sum benefit per year of service by $250 per year through 2008 bringing the lump sum benefit to $7,000 per year of service. Based on the revised actuarial valuation dated July 2, 2004, the City would not be required to make a contribution to the fund during the period 2004 through 2008, over and above what is projected for state aid, under either scenario. The City contributed $16,239 during 2002 and $0 during 2d03. r City of Brooklyn Center, MN July 23, 2004 Page 2 The state aid passed through to the Association for 2002 was $104,269 and $125,123. State aid for 2004 is projected in the actuarial valuation to be $126,200 and then increased by two percent (2%) each year through 2008. City of Brookiyn Center, MN July 23, 2004 Page 3 One of the issues addressed in 1997 that still holds true is the diversity of investments held by the Association. As of December 31, 2003 approximately thirty-seven percent (37%) or $1,149,781 of the plan assets continued to be held in corporate stocks and bonds with the remaining $1,943,120 heid in primarily mutual funds. Only $50,215 or approximately one and one-haif percent (1'/Z%) of total investments was heid in money market accounts. The primary concern of the City is if it concurs with the request, will the increase requested require the City to contribute additional dollar resources to the Relief Association Retirement Fund? Based upon the information available the answer would be no; there are no additional dollars required to be contributed by the City to the Association far an increase in the lump sum benefit to $6,000 per year of service in 2004 and held static through 2008. However, while there will be no apparent financial impact to the City in future years increasing from $6,000 in 2004 to approximately $7,000 in 2008 based on the current actuarial valuation, changes in the economy could significantly impact the projected actuarial valuations. The situation continues to be complex and requires more than a simple yes or no answer. Some areas where we believe there could be issues are as follows Investments The market while stable today could fluctuate significantly at any point in time as was seen during 2002 and 2003. As mentioned above, the Association still holds the majority of their investments in instruments that are subject to market ftuctuations. The net value of the Associations assets could decline and be substantially less then the original purchase price. This could cause a need for additional contributions from the City to keep the Retirement Fund at a fully-funded status. We had recommended in our 1997 review, and concur with that recommendation today, that the City could protect itself and minimize its risk by requiring the Association to establish a reserve fund that would equal ten to twenty percent of the funds held in instruments subject to market fluctuations. This fund could be used to make-up any shortfall or portion thereof caused by market fluctuations and downtums that would have caused an increase in the City's contribution to meet the actuarial value of the fund. Monies held in money market accounts could be a part of the total reserve. Based on the investments held at December 31, 2003, a reserve of ten percent would have been approximately $304,000. As stated before, there was $50,214 held in money market accounts that could be applied to this amount leaving an unfunded reserve amount of approximately $254,000. This reserve amount would be adjusted in direct relationship to the dollars invested in investments that are subject to market fluctuations. State Aid The State Aid is projected to increase at a level of 2% each year in the actuarial valuation. The current "flux" with the State's financial position could have a negative impact on the amount passed through to relief associations. Funding for fire state aid comes from taxes paid to the state for certain insurance policies. The distribution is based in part on the population and market value of the area served and in part on the number of "active" firefighters who are City of Brookiyn Center, MN July 23, 2004 Page 4 members of the relief association. This area should be monitored to ensure the actuariai valuations are not too aggressive in this area. City of Brooklyn Center, MN July 23, 2004 Page 5 Actuarial Valuation The actuarial valuation currently includes two scenarios updated as of July 2, 2004. The first includes an increase in the lump sum benefit to $6,000 per year of service remaining constant through 2008. The second includes an increase to a lump sum benefit of $6,000 per year of service for 2004 and then increases the lump sum benefit per year of service by $250 per year through 2008 bringing the lump sum benefit to $7,000 per year of service. Both projections indicate that based on current conditions, no additional contribution by the City would be required to fund the requests. These responses are based on a review utilizing the Associations 2002 and 2003 Audit Reports and the Van Inwaarden January 1, 2003 actuarial valuation dated June 2003 with certain schedules revised as of July 2, 2004. We trust these responses address the policy issues raised on behalf o the City. Again, Springsted is not offering an opinion as to the actuarial status of the fund; rather, this is a review of potential risk and a way for the City to manage it. Sincerely, Springsted Incorporated BROOI�L Y�V CENTER FII�.E DEPARTMENT RELIEF ASS'OCIA T�ON r y 5 0 ,�I tt, k p il I�i I{�i i i��, �u�.;�' I��G� �t i�� i ii� s' a+ Ij �T% i 4 �ya� ?5 o Serving with Pride Since 1949 i B CFD Re uz�ements q Q W 3 �''�.�§�*x 3"4 i z �i: A��,.��''�.� u� .kz w '9 �p a T ��"q �a�-€� �r a g �c ;'f� I It takes over 200 hours of training for a recruit firefighter to become state-certified in �refighter 1. All members of the department train three Monday nights a month and attend one business meeting every month. In addition, a member must respond to 3 3% of all f emergency runs in order to remain a member of the �re department. BCFD Stats 'v� f� 4� r� ,r �'i i ';t��E� 4 �a��Q��a'i� ��w��i�d� ��h,l �p, ;x�� E�2' �"i I v Our res onse time from the time we are p dispatched on a call to the time we arrive is under 6 minutes. We avera e 14-20 firefi hters res ondin on g g p g emergency runs For the past three years we are averaging between 950 to 1000 emergency runs per year, or almost three calls per day. Pens i o n His to �Y �s k's•" i v 3 E yj �A, G,. J Our �re department has not requested �run pay from the city for responding to fire and emergency calls. This is because historically when the State has raised the fire ension ceilin the Cit has p g Y allowed us to increase our lump sum benefit to the maximum allowed by State statutes. The members have referred to this as deferred compensation and inform the new members that is why we do not receive run pay like other fire departments do in the metro area. Comparable Fire Departments City Pension/Year City Population State 2% Contribution Run Pay of Service Alexandria 8,820 $93,000 $104,000 0 $5,500 Brainerd 13,178 $122,920 $95,000 $104,000 $5,600 Golden Valley 20,281 $126,456 $79,980 $139,755 $6,000 I Hopkins 17,145 $65,013 $29,870 $79,900 $5,500 Lake Johanna 39,459 $230,000 $67,750 $150,000 $5,432 Northfield 17,147 $70,000 $70,000 $120,000 $6,000 Plymouth 65,894 $388,906 0 $229,831 $6,000 Robbinsdale 14,123 $64,000 $120,000 $84,000 $5,200 White Bear 24,325 $187,173 $19,043 $90,000 $5,500 Brooklyn Center 29,785 $124,123 0 0 $5,000 B�ooklyn Pa�k 68, 000 $324, 000 <Included $173, 088 De�ned Cont. F�idley 28, 000 $136, 778 0$117, 600 Defined Cont. TWest Metro 43, 571 $189,173 $10, 067 $132, 542 Defined Cont. B FD Re ie ssocia�ion Pens ion on t�i F g p G g�.,,,kEBYA b kL ��%d i S p II�� V 8i �t8��' h'+�1 I74��r�P�J �wV��f�� I�he9.�i. �d�'� �ei�i "�,�p.�. ��Ir�ll„I�VfHil�yrtW�'1IN�IIy��4l I�illl��lll��i��i h� 1 $1 iiltlil r: ��b t�'�.�, City Run Pay if BCFD Year State 2% Contribution Received it 1998 87,036 20,179 120,000 1999 89,484 27,086 123,600 2000 90,148 28,020 127,3 08 2001 90,148 28,360 131,127 2002 102,269 16,23 9 13 5,061 2003 124,123 0 13 9,112 Totals $585,215 $119,884 $776,208 Inc�eased FF Pens ion Has ene Zt`s q 3 w� E ��r� �`�,�V+ I�I��li', I� ��M r I s. a y„" r. j I An increase in our ension will hel us retain our volunteer firefighters. Over the past 10 years we have lost S 8% of all firefi hters thus retainin onl 42% until the become vested at 10 ears of Y y Y service. Most members that left did so after 5 to 7 years of service. Increasin our fire ension will ive more g p g incentive to stay until being vested at 10 years. �1�' ��;�'��t»�i ts I'�� 1, ��a��a� �3�� 1�� 3�'�� 3�. 3�� 37�. 1�� fl'+�� iPS� 6 y �k ��q I jy LP aP A� +Id f. w �Jw� Y q P �x�l�s.' ��5�i6r �:�i�+ ,i��.. 3� �""�!@'+�"`ti�!i �'?3.?�St't g,�1�: �33 �tR �'�CS id �1�� 1.�� 3�� Y. F.�a�� I 3. ��I.�� i��.�� 1� {�.�6y �c �s��sa�t� ��t�z;��; •��t� ��.s��; 1��¥ �r c� e� �.�A� t��.'� �t' ��'Q�1.�� ''r�e �c� �`,��t' �t� S�f 1; i�� d� �at' 1: 1. �1 �.l'�� '�1, �3�� ;3� 3, 4� ��w 1� r 3��.#�� 1� fl �t �,��3�� 3.�� 3.�ii, ��3�,Q: �3�. �`�t �.��c�r ��t�-�#+� �u �"3:�5� �i� ��3. i�� .t�,.� �.��r�� 1�. ��a �1,3�"�` �9.� at ��3 i� L�� l,�a�' ��i��?� �a�a�3 ��r�: �,�d �s t� 1� 31� ��tt��t�,aa�� '�eta�t ��t� 3� u��a �Y 4`�' r-�� ti f� I��ti��4� ��'��ulf ��r i r��y�,�� p ,w�, i ,i i ��i��l��ii, 4 'y, II M J� .y�,, I `3 ,.-.5 �'he members of the Brook�yn Center Fire �epartment are requesting that you support and �endorse the requested increase in our ension. Our actuaria� has determined this to p be a doab�e ro ram with ve itt�e :-.iabi� it p g rY Y to t=1e City. �t shou�d be noted this proposed increase is sti:�.� not at the maximum a.�.�owed b the State which is 7, 5 00. Y 85 SEVENTH PLACE EAST, Si1ITE 100 SAINT PAiiL, MN 55101-2887 651.223.3000 FAX:651.223.3002 E-MAIL: advisors s rin sted.com P g SPRINGSTED Advisors to the Public Sector July 23, 2004 Mr. Mike McCauley, City Manager City oi Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Dear Mike: You have requested that we informally review the material provided by the Brooklyn Center Fire Relief Association and its most recent actuarial valuation which was perFormed by Van Inwaarden. As with a similar review we performed in 1997, you have again asked that we review this information not from an actuarial standpoint but from the City's policy perspective in order to give you a second opinion regarding the potential policy implications for the City. We have undertaken an informal review utilizing the Associations 2003 Audit Report and the Van Inwaarden January 1, 2003 actuarial valuation dated June 2003, with certain schedules updated as of July 2, 2004. Based on this review, we have come up with the following findings: The Fund appears to be well run and actuarially sound based upon the Van Inwaarden report. The plan had a surplus of $720,103 as of January 1, 2004 compare to $61,445 as of January 1, 2003. The increase in surplus is due primarily to the adjustment of $658,658 to adjust the carrying value of investments to the fair market value as of Decemb�c 3'! �QQ3. The firefighters are requesting that their lump sum benefits be increased from $5,000 per year of service to $6,000 per year of service. The actuarial valuation incorporates two scenarios: the increase to $6,000 held static through 2008 and the increase for 2004 to $6,000 and increases in the lump sum benefit per year of service by $250 per year through 2008 bringing the lump sum benefit to $7,000 per year of service. Based on the revised actuarial valuation dated July 2, 2004, the City would not be required to make a contribution to the fund during the period 2004 through 2008, over and above what is projected for state aid, under either scenario. The City contributed $16,239 during 2002 and $0 during 2003. The state aid passed through to the Association for 2002 was $104,269 and $125,123. State aid for 2004 is projected in the actuarial valuation to be $126,200 and then increased by two percent (2%) each year through 2008. CORPORATE OFFICE: SAINT PAUL, MN Visit our website at www.springsted.com IOWA KANSAS MINNESOTA VIRGINIA WASHINGTON, DC WISCONSIN City of Brooklyn Center, MN July 23, 2004 Page 2 One of the issues addressed in 1997 that still holds true is the diversity of investments heid by the Association. As of December 31, 2003 approximately thirty- seven percent (37°/o) or $1,149,781 of the plan assets continued to be held in corporate stocks and bonds with the remaining $1,943,120 held in primarily mutual funds. Only $50,215 or approximately one and one-half percent (1 %2%) of total investments was held in money market accounts. The primary concern of the City is if it concurs with the request, will the increase requested require the City to contribute additional dollar resources to the Relief Association Retirement Fund? Based upon the information available the answer would be no; there are no additional dollars required to be contributed by the City to the Association for an increase in the lump sum benefit to $6,000 per ��ear of service in 2004 and held static through 2008. However, while there will be no apparent financial impact to the City in future years increasing from $6,000 in 2004 to approximately $7,000 in 2008 based on the current actuarial valuation, changes in the economy could significantly impact the projected actuarial valuations. The situation continues to be complex and requires more than a simple yes or no answer. Some areas where we believe there could be issues are as follows: Investments The market while stable today could fluctuate significantly at any point in time as was seen during 2002 and 2003. As mentioned above, the Association still holds the majority of their investments in instruments that are subject to market fluctuations. The net value of the Associations assets could decline and be substantially less then the original purchase price. This could cause a need for additional contributions from the City to keep the Retirement Fund at a fully-funded status. We had recommended in our 1997 review, and concur with that recommendation today, that the City could protect itself and minimize its risk by requiring the Association to establish a reserve fund that would equal ten to twenty percent of the funds held in instruments subject to market fluctuations. This fund could be used to make-up any shortfall or portion thereof caused by market fluctuations and downturns that would have caused an increase in the City's contribution to meet the actuarial value of the fund. Monies held in money market accounts could be pa� t of the tota! reserve. Based on the investments held at December 31, 2003, a reserve of ten percent would have been approximately $304,000. As stated before, there was $50,214 held in money market accounts that could be applied to this amount leaving an unfunded reserve amount of approximately $254,000. This reserve amount would be adjusted in direct relationship to the dollars invested in investments that are subject to market fluctuations. State Aid The State Aid is projected to increase at a level of 2% each year in the actuarial valuation. The current "flux" with the State's financial position could have a negative impact on the amount passed through to relief associations. Funding for fire state aid comes from taxes paid to the state for certain insurance policies. The distribution is based in part on the population and market value of the area served and in part on the number of "active" firefighters who are members of the relief association. This area should be monitored to ensure the actuarial valuations are not too aggressive in this area. City of Brooklyn Center, MN July 23, 2004 Page 3 ActuariaV Valuation The actuariai valuation currently includes two scenarios updated as of July 2, 2004. The first includes an increase in the lump sum benefit to $6,000 per year of service remaining constant through 2008. The second includes an increase to a lump sum benefit of $6,000 per year of service for 2004 and then increases the lump sum benefit per year of service by $250 per year through 2008 bringing the lump sum benefit to $7,000 per year of service. Both projections indicate that based on current conditions, no additional contribution by the City would be required to fund the requests. These responses are based on a revie�r� utilizing the Associations 2002 and 2003 Audit Reports and the Van Inwaarden January 1, 2003 actuarial valuation dated June 2003 with certain scheduies revised as of July 2, 2004. We trust these responses address the policy issues raised on behalf o the City. Again, Springsted is not offering an opinion as to the actuarial status of the fund; rather, this is a review of potential risk and a way for the City to manage it. Sincerely, �"Z� �!c ZL�!t.��.�-� Springsted Incorporated July 19, 2004 Mr. Mike McCauley, City Manager City of Brookiyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Dear Mike: You have requested that we informally review the material provided bythe Brooklyn Cen#er Fire Relief Association and its most recent actuarial valuation which was performed by Van Inwaarden. As with a similar review we performed in 1997, you have again asked that we review this information not from an actuarial standpoint but from the City's policy perspective in order to give you a secontl opinion regarding the potential policy implications for the City. We have undertaken an informal review utilizing the Associations 2003 Audit Report and the Van Inwaarden January 1, 2003 actuarial valuation dated June 2003, with certain schedu{es updated as of Jufy 2, 2Q04. Based on this review, we have come up with the following findings: The Fund appears to be well run and aetuarial sound based upon the Van Inwaarden report. The plan had a surplus of $720,103 as of January 1, 2004 compare to $61,445 as of January 1, 2003: The increase in surplus is due primarily to the adjustment of $658,658 to adjust the carrying value of investments to the fair market value as of December 31, 2003. The f�refighters are requesting that their lump sum benefits be increased from $5,000 per year of service to $6,000 per year of service. The actuarial valuat'ron incorporates two scenarios: the increase to $6,000 held static through 2008 and the increase for 2004 to $6,000 and increases in the lump sum benefit `per year of service by $250 per year through 2008 bringing the Iump sum benefit to $7,000 per year of service. Based on the revised actuarial valuation dated July 2, 2004, the City would not be required to make a contribution to the fund during #he period 2004 through 2�08, over and above what is projected for state aid, under either scenaria The City contributed $16,239 during 2002 and $0 during 2003. The state aid passed through to the Association for 2�02 was $104,269 and $125,123. State aid for 2004 is projected in the actuarial valuation to be $126,200 and then increased by two percent (2%) each year through 2008. City of Brooklyn Center, MN July 19, 2004 Page 2 One of the issues addressed in 1997 that still holds true is the diversity of investments held by the Association. As of December 31, 2003 approximately one- third (1/3) or $1,959,404 of the plan assets continued to be held in corporate stocks and bonds. The remaining two-thirds (2/3) were held in prirnarily money market and mutual funds. The primary concern of the City is if it concurs with the request, will the increase requested require the City to contribute additional dollar resources to the Relief Association Retirement Fund? Based upon the information available the answer would be no; there area no additional dollars required to be eontributed by the City to the Association for an increase in the lump sum benefit to $6,D00 per year of service in 2004 and held static through 2008. However, while there will be no apparent financial impact to the City in future years increasing from $6,000 in 2004 to approximately $7,000 in 2008 based on the current actuarial valuation, changes in the economy could significantly impact the projected actuarial valuations. The si#uation continues to be complex and requires more than a simple yes or no answer. Some areas where we believe there could be issues are as follows Investments The market while stable today could fluctuate significantly at any point in tirrie as was seen during 2002 and 2003. As mentioned above, the Association still holds a farge percentage af their investments that are subject to market fluctuations. The net value of the Associations assets could continue to decline and be substantially less then the original purchase price. This could cause a need for additional contributions from the City to keep the Retirement Fund at a fully-funded status. We had recommended in our 1997 review, and concur with that recommendation today, that the City could protect itself and minimize its risk by requiring the Association to establish a reserve fund that would equal ten to twenty percent of the funds he}d in equity securities. This fund could have been used to make-up any shortfall or portion thereof caused by market fluctuations and downtums that would have caused an increase in the City's contribution to meet the actuarial value of the fund. This reserve amount would have been adjusted in direct relationship to the dollars invested in investments that are subject to market fluctuations. State Aid The State Aid is projected to increase at a level of 2% each year in the actuarial vafuation. The current "flux" with the State's financial position could have a negative impact on #he amount passed through to relief associations. Funding for fire state aid comes from taxes paid to the state for certain insurance policies. The distribution is based in part on the population and market vaiue of the area served and irr part on the number of "active" firefigMters who are members of the relief association. This area should be monitored to ensure the actuarial valuations are not too aggressive in this area. City of Brooklyn Center, MN July 19, 2004 Page 3 Actuarial Valuation The actuarial valuation currently includes two scenarios updated as of July 2, 2004. The first includes an increase in the lump sum benefit to $6,000 per year of service remaining constant through 2008. The second includes an increase to a lump sum benefit of $6,000 per year of service for 2004 and then increases the lump sum benefit per year of service by $250 per year through 2008 bringing the lump sum benefit to $7,000 per year of service. Both projections indicate that based on current conditions, no additional cantribution by the City would be required to fund the requests. These responses are based on a review utilizing the Associations 2002 and 2003 Audit Reports and the Van Inwaarden January 1, 2003 actuarial valuation dated June 2003 with certain schedufes revised as of July 2, 2004. We trust these responses address the policy issues raised on behalf o the City. Again, Springsted is not offering an opinion as to the actuarial status of the fund; rather, this is a review of potential risk and a way for the City to manage it. Sincerely, Springsted Incorporated Retirement planning for corporations July 2, 2004 Mr. Ron Boman Brooklyn Center Fire Dept. 6645 Humboldt Avenue North Brooklyn Center, lYIN 55430 Re: Relief Associatian Benefit Study Eghibts 5 and 6 Dear Ron: Here are the exhibits we have discussed. Please call with any questions or changes or if you would like any additional information. Sincerely, Paul D. Krueger, 7D, EA Consulting Actuary VAN IWAARDEN ASSOCIATES H40 LtJIvSBER EXCHANGE BUILDWG TEN SOUTH FIFI'H STREET MINNEAPOLIS MN 55402-1010 612.596.59fi0 f:612596.5999 www.vnNiwaa.xDEN.coM BROOKLYN CENTER FIRE DEPARTMENT RELIE�' ASSOCIATION Projected Cost of increased Benefits Exhibit 5-�6.000 Lumn Sum Benefit as of Januarv 1. 2004 (Updated with January 1, 2004 assets and preliminary partecipant data) Lump sum amount: $5,000 $6,000 $6,000 $6,000 $6,000 $6,000 First effective January 1: Z003 2004 2005 2006 2007 2008 Liabilities below estimated as of January L 2003 2004 2005 2006 2007 2008 A. Proiected actuarial accrued liabilitv l. Active members $1,752,976 $1,807,858 $1,986,000 $2,174,000 $2,371,000 �2,578,000 2. Vested temiinated members 202,895 357,613 375,000 394,000 414,000 435,000 3. Retuedmembers 538,155 308,037 273,000 236,000 197,000 157,000 4. Spouses receiving benefits 319,661 523,492 512,000 500,000 48'7,000 474,000 5. Children receiving benefits 0 0 0 0 0 0 6. Disabled members receiving benefits 0 0 0 0 0 0 7. Tota1 actuarial accrued liability $2,813,687 $2,997,000 3,146,000 3,304,000 3,469,000 3,644,000 B. Proiected snecial fund 2,540,231 3;111,000 3,310,000 3,520,000 3,744,000 3,981,000 (assumes a S% rate of return) C Unlunded accrued accrued liabilit� 273,456 (114,000) (164,000) (216,000) (275,000) (337,000) n. Creditlorsurnlets 0 (11,400) (16,400) (21,600) (27,500) (33,700) E. Amortization navment 20,898 0 0 0 0 0 �F: Normal cnst 70,409 84,000 84,000 84,000 84,000 84,000 G. Annual cnntribution navable: 2004 2005 2006 2Q07 20Q8 2009 L Preliminary contribution (D. +E. +F.) 91,307 72,600 67,600 62,400 56,500 50,300 2. Administrative expense 20_514 21.000 2l .000 21 _000 1_000 21 _000 3. Annual contribution (1.+ 2,) 111,821 93,600 88,600 83,400 77,500 71,300 4. Estimated State Aid (126,200) (128,724) (131,298) (133,924) (136,603) (139,335) 5. Estimated municipal contribution $0 $0 $0 $0 $0 $0 NOTES.• The values shown for 2003 are frorn the January 1, 2003 actuariai valuation report. The accrued liability and market value of assets as of January 1, 2004 are based on preliminary data provided by the Relief Association. The remaining values are based on the 2003 results and the following assumptions: investment return: 5% annual State Aid increase: 2% number of active fuefighters after 2004: 37 (the number on 1/1/2004 was 31; we have assumed the more conservative position in terms of average financing that the number will return to 37) PRJAAF04. WK4 07/02/2004 II BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION Projected Cosf of Increased Benefits Exhibit 6-�6.000 Lumn Sum Benefit as of Januarv I. 2004. S2511 Annuai Increasec (Updated with January 1, 2004 assets and preliminary participant data) Lump sum amount: $5,000 $6,000 56,250 $6,500 $6,750 $7,000 First effecrive January l: 2003 2004 2005 2006 2007 2008 Liabilities below estimated as of January 1; 2003 2004 2005 2006 2007 2008 A. Proiected actuarial accrued liabilitv 1. Activemembers $1,752,976 $1,807,858 $2,069,000 $2,355,000 $2,668,000 $3,010,000 2. Vested termuiated members 202,895 357,613 375,000 394,000 414,000 435,000 3. Retiredmembers 538,155 308,037 273,000 236,000 197,000 157,000 4. Spouses receiving benefits 319,661 523,492 512,Q00 500,000 487,000 474,000 5, Children receiving benefits Q Q 0 0 0 0 6. Disabled members receivang benefits 0 0 Q 0 0 0 7. Tota1 actuarial accrued liability $2,$13,687 $2,997,000 3,229,OOQ 3,485,000 3,766,0�0 4,076,000 �3. Prniected special fund 2,540,231 3,111,000 3,310,000 3,520,000 3,744,000 3,981,000 (assumes a S% rate of return) G Unfunde� gccrued acc.�ued liab�� 273,456 (114,000) (81,000) (35,000) 22,000 95,000 n. Credit for surnl� 0 (11,400) (8,100} (3,500) 0 0 Amorti7ation navment 20,898 0 0 0 1,681 7,260 F. Normal cost 70,409 84,000 88,000 92,000 96,000 1�0,000 G. Annual cnntribudon vavable: 2004 2005 2006 2007 2008 ZOQ9 1. Prelimuiary contribution (D. E. F.) 91,307 72,600 79,900 88,500 97,681 107,260 2. Administrative expense 20_514 21:�00 2].000 21 _�00 1_000 21 _000 3. Annual contribution (1.+ 2.) 111,821 93,600 100,900 109,500 118,6$1 128,260 4. Estimated State Aid (126,200) (128,724) (131,298) (133,924) (136,603) (139,335) 5. Estimated municipal contribution $0 $0 $0 $0 $0 $0 NOTE�• The values shown for 2003 are from the January 1, 2003 actuarial valuation report. The accrued liability and market value of assets as of January 1, 2004 are based on preliminary data provided by the Relief Association. The remaining values are based on the 2003 resuits and the following assumptions: investrnent return: 5% annual State Aid increase: 2% number of active firefighters after 2004: 37 (the number on 1/1/2004 was 31; we have assumed the more conservative position in terms of average financing that th.e number will retum to 37) PRJAAF04. WK4 07/02/2004 I I 4 T0: Michael McCauley, City Manager FROM: Ron Boman, Fire Chief Kent Korman, President BCFD Relief Association SUBJECT: Increase in Fire Pension DATE: February 25, 2004 In January 1997, the Brooklyn Center Relief Association Board began studying the feasibility of converting from a defined benefit plan to a defined contribution plan. In December 1997, with the approval of the Brookfyn Center City Council, the Brooklyn Center Relief Fire Pension was Increased to $5,000 per year of service with the understanding that the fire Department would continue to research the feasibility of going to a defined contribution type plan. This process has taken several years and during this time the Relief Association has had 3 Presidents. The members of the Relief Association Board have spent hundreds of hours meeting with other fire department relief associations and a#torneys wrhile researching the defined contribution plan. A summary of our meetings and research follows: January 20, 1997: Discussion was brought up by the fire department general membership to have the relief association board investigate the possibility of going to a defined contribution plan. The following items were brought up to investigate. How to split the funds What our vesting policy will be Actuarial Irnpact What age can membecs start collecting Financial Impact on City How to buy out existing monthty retirees Cost for start up fund Engage attorneys Meet with departments that have Converted to defined contribution plan February 5, 1997: Met with Chuck McKusick of Fridley Fire and discussed how Fridley converted to defined contribution and how long it took. March 31, 1997: Met with Mike Kanyetzay of Brooklyn Park Fire and discussed how Brooklyn Park converted to defined contribution. Aprit 28, 1997: Met with Steve Longacre and John Podence of Crystal Fire and discussed how Crystal Fire converted to defined contribution. Page 2 February 25, 2004 November 1997: Met with Niles Zikmund, Spring Lake Fire Chief and President of Minnesota Area Relief Association Coalition, to discuss going to defined contribution plan. December 1997: Met with Brooklyn Center City Council to receive approval to go to $5,000 per year of service. The City Council directed the Relief Association to continue to examine the feasibili#y of migrating to a defined contribution type of plan. Augusf 1998: Met with Stephen R. Eide Attomey, a specialist in relief association pension law, and requested that he draft a letter outlining problems/obstacles in going to defined contribution plan). November 21, 20Q0; Received a letter from Attomey Stephen Eide with possible problems that could be encountered by going to defined cantribution: Couid become taxable on` a yearly basis if we convert to defined eontribution, as a defined contribution plan is not a qualified IRS plan, which could make membecs vulnerable to taxes before they receive any benefits. (our current plan is a quatified IRS plan. Distribution before 59 could carry a 10% early distribution penalty. Our eurrent plan allows a rollover at age 50. Distribution may not be allowed to roll over to a tax-exempt IRA: Conclusion: In order to qualify the defined contribution plan we would have to petition congress for an amendment ta section 415 of the Internal Revenue Code. This would be difficult and expensive according to our attorney, Stephen Eide. December 2001: Relief Association enga ed another attome Krista K. Boston, who also s ecializes in fire 9 Y P pensions, to review the conclusions outlined in Stephen Eide's ietter regarding converting to a defined contribution pfan. Ms. Boston agreed with Mr. Eide that thare is a risk by converting to defined contribution. December 2001 2002: Relief Association Board continusd work to change ta a defined contribution plan but ran into many obstacles that prohibit converting to this type ofi plarr. State statutes that effect how our current volunteer pensions have to be divided amongst the relief association members making it almost impossible to convert to a defined contributian plan without a large contribution from the City of Brooklyn Center. This amount would probably be $400,000 to $500,000 one time iump sum to our pension fund. Page 3 February 25, 2004 Older members, those with over 13 years of servic�, in the present pension would take a severe loss of $15,000 to $25,000 by going to a defined contributionplan. History of Previous Benefits: Historically, the rnembers of the fire department do not receive run pay for fire and emergency calfs a savings of over $130,000 a year to the City. Because of this our pensian have been at or near the ceiling allowed by the State of Minnesota pension benefits. The current state pension cap is at $7,500 per year of service. In 1993 the pension cap was raised from $3,000 per year of service to $4,0�0 per year"of service. The City adopted a resolution to allow the pension to increase to the maximum as follows. 1993 increased to $3,375 per year of service 1994 increased to $3,500 per year of service 1995 increased to $3,750 per year of service 1996 inereased to $4,000 per year of service maximum allowed. In 1997 the State increased the pension cap to $5,500 per year of service, and in the City adopted a resolution to allow the fire pension to $5,000 per year af service. The fire department was directed to research the possibility in moving to a defined contribution plan. 1998 increased to $5,000 per year of service. In 2000 the State increase the fire pension cap to the following amounts $6,Q00 in 2000, 6,500 in 2001, $7,000 in 2002 and $7,500. Brooklyn Center FireDepartment has not had an increase in our lump sum pension since 1998.. Conclusion: As it has been s�x 6 ears smce our fire�i hters have received an increase in our ension )Y P 9 and the actu r a ial com leted b Paul Krue er from Van Iwaarden u ated on Februa 25 P Y 9 I� rY 2004 shows the City could allow the firefighters to increase our pensian to $6,000 per year of service with no additianal fiability to the city, it is our recommendation that the fire department be given a resolution by the City Council that would allow us ta move to $6,000 per year of service, effective April 1, 2004. In addition, the members of the fire department woufd like to have the City adopt a plan similar to the resolution passed in 1993 where the city would allow the fire department to move toward the lump sum cap of $7,500 per year of service in yearly amounts of $250 to $500 per year until we reached the maximum amount atlowed by the state. The pension is the biggest selfing tool we have in attracting and retaining new members for the fire department. Because we only allow members to become vested after 10 years of service, this lump sum enhances our abifity to retain members on our fire department for a minimum of 10 years. BROOKLYN CENTER FIRE DEPARTMENT RELIEF A5SOCIATION Projected Cost oflncreased Benefrts Ezhibit 4- 56.000 Lumn Sum Benefit as af Januarv 1. 2004 (Updated with January 1, 20D4 assets and preliminary participant data) City Contribution Available Financing Retirement Plan Market Accrued Required Three- Maximum Lump Average Assets Liability State to Support Year Benefi# Sum Financing Jan 1 Jan 1 Plan Benefit Avera�e Permitted Benefit Needed 2003 2,540,231 2,813,687 126,200 0 $3,405 $6,300 $5,000 $2,751 2004 3,111,000 2,997,000 128,724 0 3,708 6,800 6,000 3,291 2005 3,310,000 3,312,000 131,298 0 3,931 7,200 6,500 3,561 2006 3,520,000 3,666,000 133,924, 0 4,047 7,500 7,000 3,831 NOTES: T'he values shown for 2003 are from the January l, 2003 actuarial valuation report. The accrued liability as of January l, 2004 is based on preliminary participant data provided by the Relief Association, and the Market value of assets as of January 1, 2004 was provided by the relief Association. The rernaining values are based on these earlier values and•the following assumptions: investment return: 5% annual State Aid increase: 2%o I number of active firefighters after 2004: 37 (the number on 1/1/2004 was 31; we have assumed the more conservative position in terrns of average financing that the number will return to 37) I Minnesota Statutes provide limits on the benefits that may be paid by �olunteer firefighter relief associations. The limits are based on "avera.ge available financing", a value based on a three-year average of state aid, city contributions and an annual 10% credit for any surplus of assets over liabilities. The value is expressed on a per active firefighfier basis. PRJAAF04.WK4 02/25/2004 VA.N IWAARDEN ASSOCIATES TO: Michael McCauley City Manager FROM: Ron Baman `Fire Chief Q� Kent Korrnan Relief Assoc. President SUBJECT: Requested Addition information on Pensions DATE: May 17, 2004 We have compiled the information you requested from Van Iwaarden Associates and various fire departments regarding state 2%, city contributions and fire run pay compensation. Accvrding to Van Iwaarden, we can easily afford increasing to $6,000 effective 2Q04 and then bringing the plan up to $7,000 with $250 per year increases in each of the foqowing years. We feel this is extremely important for the morafe and welt being of the fire department membership. As you are aware, we do not pay our firefighters any run pay for responding to f'rre runs which has resulted in a savings to the City of Brooklyn Center of at leas# $125,000 per year, or a savings of $750,000 since our last pension increase. Historically our fire department has been at the maximum allowed pension cap. Whenever the state has allowed a pension increase our Fire Department has been incrementaHy increased to that level. This is no longer the case as the state fire pension is now at $7,500 per year of service and our department is still at 1998 level of $5,Q00 per year of service. ln the table below I have listed some comparable cit}r fire departments listing their state 2%0, city contribution, and fire run pay. In addition, most cities with a population of less than 20,000 are. only running 200 to 400 runs per year while Brooklyn Center Fire Department has 10d0 runs per year. NOTE: The first 10 city fire departments are all defined contribution lump sum; the last 3 city fire departments (in italics) are defined contribution lump sum. City Pension per City PoQulation State 2% Contribution Run Pay Year of Service Alexandria 8,820 I$93,000 I $104,000 I Q 1 $5,500 Brainerd 13,178 I $122,920 $95,000 $104,Q00 $5,600 Golden Valley I 20,281 $126,456 $79,980 $139,755 $6 Hopkins 17,145 �$65,013 I $29,870 �$79,900 I $5,500 Lake Johanna 39,459 �$230,000 I $67,750 I$150,000 I $5,432 Northfield I 17,147 I$70,000 I $70,000 ($920,000 I $6,Q00 Plymouth I 65,894 �$388,906 0 I$22�,831_ $6,500 Robbinsdale 14,123 �$64,000 $120,000 �$84,OQ0 $5,500 C WhiteBear I 24,325 I$187,173 I $19,043 I$90,ODQ I $5,500 Brooklyn Center 29,785 �$124,123 0 0 $5,000 Brooklyn Park 68, 000 �$324, 000 Included $9 73, 488 I Defined Coht. Fridley 28, DDO $136, 778 I 0 9 7, 600 De�ned Cont. f West Metro I 43, 571 I$189, 9 73 I 9 0, 067 I $132, 542 I De�ined Cont. maypension BROOKLYN CENTER FII2E DEPARTMENT RELIEF ASSOCIATION Projected Cost of Increased Benefits Exhibit 4A -�6.00(1 Lumn Sum lienefit as of Jannarv 1. 2004 (Updated with January 1, 2004 assets and preliminary participant data) City Contribution payable during: 2004 2d05 2006 2007 Actuarial valuation date: O1/O1/2003 01/01/2004 01/O1/2005 01/O1I2006 Lump Sum Amount: $5,000 $6,000 $6,500 $7,040 A. Prn�ected artua i I,�ccrued liabilitv as ofJanuar� 1. Active members $1,752,976 $1,8Q7,858 $2,152,000 $2,536,000 2. Vested terminated members 202,895 357,613 375,000 394,000 3. Retired members 538,155 308,037 273,000 236,000 4.. Spouses receiving benefits 319,661 523,492 512,000 500,000 5. Children receiving benefits 0 0 0 0 6. Disabled members receiving benefits 0 0 Q Q 7. Tota1 actuarial accrued liability $2,813,687 $2,997,000 3,312,OQ0 3,666,000 B P�'Qj�cted e7 cial fund ns,Qf Jnnun� 1 2,540,231 3,111,000 3,310,000 3,520,000 (assumes a S% rate ofreturn) C. IIn un�ted accrued accrued liabilitv 273 (114,000) 2,400 14b,000 A Credit for sz�r,�lus 0 (11,400) 0 0 E Amorti7ation na.�vmeHt 20,898 0 153 11,158 F Nnrtt�g�� 70,409 84,000 91,000 98,000 G. Annual contrihutinn 1. Preliminary contribution (D. E. F.) 91,307 72,600 91,153 109,158 2. Administrative expense 20_514 21.0(}0 21 _000 2l .ODO 3. Annual contribution (l.+ 2,) 111,821 93,60Q ll2,153 130,158 4. Estimated State Aid (126,20a) (128,724) (131,298) (133,924) 5. Estimated municipal contribution $0 $0 $0 NOTES� The values shown for 2003 are from the January 1, 2003 actua.rial valuation regort. The accrued liability and market value of assets as of January 1, 2004 are based on preliminary data provided by the Relief Association. T'he remaining values are based on the 2043 results and the following assumptions: investrnent return: 5% annual State Aid increase: 2% number of active firefighters after 2004: 37 (the number on 1/1/2004 was 31; we have assumed the more conservative position in terms of average financing that the number will return to 37) PRJAAF04.WK4 OS/14/2004 VAN TWAARDEN ASSOCIATES J _�I M.. h'^ i ��w� BROOSLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION �..�i .Ianuary 1, 2(fU3 Actuarial Yaluation June, 2003 �.J V�w Iw,�,�an� Assoae�s 840 Lu�ssrt Excx,�c� T� Sovn� F�rx S�xssr IvLrn+�rous MN 55402-1010 t 612.596.5960 f.• 612.596.5999 www.vnrawe,►Rnn+.car C BR40KLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION January 1, 2003 Actuarial Yaluation Table of Contents �i I Introduction 1 Valuatian of the ciurent plan 3 Changes in the unfunded a.ctuarial accrued liability 4 GASB 25 disclosure mforma�ion 5 Average available finanoing 6 Summary of changes in membership........... 7 A�tive membership as of 7az►uary 1, 2003 8 Inacfive members and benefieiaries as o€January 1, 2003 9 Summary plan provisions 10 Actuarial methods and assumptions 11 �i �t .:i �I �R� w% III' i 1 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSUCIA.TION January 1, 2003 Actuarial Yaluation Introductian Purnose' �j This report presents the results of the January 1, 2003 valuation for the Brooklyn Center Fire Deparhnent Relief Association. Its Primary Purposes are: to deternune the annual contribution for 2003, and to show the plan's pension benefit obligatian under General Accounting Standards Board Statement No. 25 (GA.SB 25) as of January 1, ZQ03. Sources of data The Relief Association sugplied January 1, 2003 data for a11 active and retired me�nbers, and asset data for the special fund. We have relied on this data in preparing this report. Changes frnm the previous valuation The prior a,ctuarial valuation af the plan was prepared as of 7anuary 1, 2001. The actuarial assumptions and rnethods used to prepaze this report are identical to those used in the 2001 report. Plan benefits have not increased since the previous report. Surnmarv of valuation results The annual contribution payable for 2003 under the aurent plan is $111,821 (see page 3). Based on an estimated Sta.te Aid contribution of $90,128 (the 2002 contributiott), the City would be required to make a contribution of $21,673. The contribution is hi�her than the 2001 requirerl contribution of $56,879 before State Aid and $0 after State Aid. This is mostly a result af unfavarable asset performance as compazed with the required 5% assumption `a i 3 .�i =1[�i�l�l� I'II I 2 BROUKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATIUN January 1, 2003 Achcarial Yaluation Intrnduction (continue� �nancial disclosure The pensian benefit obligation as of January 1, 2003 detem�ined as required under Gavernment Accounting Standards Board Statement No. 25 (GASB 25) is $2,478,786. This value is used in the Relief A.ssociation's accounting disclasures. Actuarial certification We certify that the actuarial valuation and benefit study ha.ve been prepared in accordance with 1Vfinnesota Staiutes §§356.20-.23 and §69.773 as they relate to volunteer fire department relief associations. The actuarial assumptions a.nd methods used to develop the financial disclosure amounts in this report were selected in accordance with the requirements of Government Accounting Standazds Board Statement No. 25 (GASB 25). RespectFully submitted, ,c.-�-'�'� t��iK�1�i4��,GC�� Paul D. Krueger, JD, EA Sandi�a Btuns, FSA s Consulting Actuazy Consulting Actuary �y y ;.y; YJ.. ��i'�`R�� t I BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION 3 January 1, 2003Actuarial Yaluation yalLatian af the C�rrent Plan 200�, ZQ03 .�ctuarial accrued lia.bilit�,.(�,�as ofJan.u�i �,y 1 (S_DD%) 1. Active members $1,621,971 $1,752,976 ;:3 2. Vested temiinated members 268,518 202,895 3. Retired members 593,419 538,155 4. Spouses reeeiving benefits 316,579 319,b61 5. Children receiving benefits 6. Disabled members receiving benefits Q Q 7. Total actuarial a.ccrued liability 2,800,487 2,813,687 �i $�,.S�eci�f"und as o,�'Januar�1 3,078,163 2,540,231 C Un�nded achtg�al accrued ligbilitt (2'77,676) 2'73,456 p. Credit �,�pG�rs (27,768) 0 ,E Amortizalion a 1. Amortization period 18 20 2. Payment 0 20,898 ,�.aVormal c� 1. For long term benefits (retirement, deaxh disability) 73,563 70,409 2. For short term disability benefits Q Q 3. Total 73,563 70,449 r G. Annual contribufion 1. Payable Januazy 1(D. E. F.) 45,795 91,307 2.Administrativeexpense u_084 20_SX4 3. Annual contribution (1.+ 2.) 56,879 111,821 w 4. Estimated State Aid (92,000) (90,148) 5. Estimated municipal contribution (3.+4., not less than zero) $0 $21,673 H gev econq,�nic assut�piions 1. Discount rate for obligations 5.00%0 5.00% 2. Long term rate of return oa assets 5.04% 5.00% ..I ^ry I��1fi I BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSQCIA.TION 4 January 1, 20U3 Actuarial Yaluation l S"hangpc :n n�nded s ct�ari�l Accrae.� L.iab litv i �r�n�ccted un�t nded ac�uarial g�rued lia iv tttv' 1. Un�ianded actuarial accrued liability (AAL) on January 1, 2001 a, Actuarial accnied liability $2,800,487 b. Actuarial value of assets �.Q.Z�...L� c. Unfunded actuarial accrued liabiliiy (a.-b.) (277,676) :y 2. Normal cost for years ending December 31, 2001 and December 31, 2402 73,563 3. Interest to December 31, 2002 on 1. and 2. �'�,�.4�1. 4. Total of 1., 2. and 3. (147,793) 5. City and state contributions January 1, 2001 to December 31, 2UO2 237,016 6. Member contributions J'anuary l, 2Q01 to December 31, 2002 7: Interest to December 31, 2002 on 5. and 6. �.JL� 8. Sum of 5. through 7. 271,153 9. Expected unfunded �AAL on January l, 2003 (4. 8-) (4I8,946) •�chtal unfunded actuarial acc� lia� 1. Actuarial accrued liability 2,813,687 2. Actuarial value of assets 54023 3. Unfunded AAL an January 1, 2003, (1. 2.) 273,456 y C Changer in the un�cnde�d actuarial accrued Ij� 1. Expected unfunded AAL on January 1, 2001 {418,946) 2. Changes a. Actuarial (gain} or loss 692,402 b. Changes in plan provisions c. Changes in actuuial methads and assumptions Q d Total change 692,402 3. Unfvnded AAL on 7anuary 1, 2003 273,456 4,- 1-. .i ci i..� j J •3 ..Y! 7 s �s. w o i�� _.i BR40KLYN CENTER FIRE DEPARTMENT RELIEF ASSUCIATION 5 January 1, 2003 Actuarial Yaluation GASB 2,5 D'. locnre nformation GASB 25 a�cruariat acc�r, ueat tiabitit�� sR%�. l. Active members $1,579,846 2. Vested tenninated rnembers 175,276 3. Retirees, beneficiaries, and disablecl rnembers 7 4. Total actuarial accrued liability as of 7anuary 1, 2003 2,478,786 ,j i B. $ev ec�nomic assu�e ij 1. Discount rate for obligations 7.50% 2. Long term ra.te of return on assets 7.50%0 �a G Chg�ges in the adua.rial g�rued liabilit� 1. GASB 25 a�tuarial accrued liability as of Tanuary 1, 2001 $2,457,135 2. Changes a. Normal operation of the plan 21,651 b. Change in plan provisions 0� c. Change in assumptions Q d Total change 21,651 3. GASB 25 actuarial a.ccrued liability on January l, 2003 2,478,786 4 �q t �`i J 1.: 1 i i��J�= c r BROOKLYN CENTER �IRE DEPARTMENT RELIEF A.SSOCIATI4N 6 �.Ianuary 1, 2003 Actuarial Yaluation �yerage Av_ailable Financing Special Fund Contributions Active Average :1 ,$tate �.y Su�°plus (10%� Tota1 Meqzbers �inancing 2000 $92,155 $28,020 $0 $120,175 38 $3,163 a 2001 102,269 16,239 27,768 146,276 38 3,849 2002 90_T48 28360 Q 118,508 3_2�3 Average availa.ble financing for 2003: 3,405 Minimum required for $S,OOO lump sum benefit*: 2,697 **This is the minimum average available financing required under Mmnesota Statutes §424A02 to atlow the lump s�m payment shown. J. 1:1 S I w E ��I i BROUKLYN CENTER FIRE DEPA►RTMENT RELIEF AS50CIATION 7 Jctnuary 1, 2003 Actuarial Yaluation P,; Summarv of Ch�nges in Membershin Term As�i.v.� Y�s� �ido.��s. �i�.d �1 A. M mbers on Januarv 1. 2D0� 38 8. 19 11 0 76 Ckanges in th�member._grou� 1. New active members 3 3 Retiremen 0 2. t� 3. Sepazation with deferred annuiiy (1) 1 0 �4. Separation, notvested (3) (3) 5. Sepazation with disability benefit 0 6. Deaths with beneficiazY (1) 1 0 7. Deaths without beneficiary 0 8. Lump sum distributions (1) {1) 9. Rehire 1� (1) 0 10. Total changes (1) �p (1) 1 0 (1) Members on Janua�j. 2D03 37 8 18 12 0 75 t, t t., .3 ��i�_� C'� BR04KLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION 8 .Tanuary 1, 2003 Actuarial Yaluation j Active Membershio as of J�nuary 1. 2QQ3, Projected Birth Eniry Lump Sum efit* Aag��, Mi�t o7ro�� oi�ov9� $lso,00a I Anderson, Jeffrey 03/30l'71 1 Z/O1/93 145,000 Bentzen, Andrew 04/21/'71 11/O1/93 150,000 Bentzen, Douglas 06/01/73 O1/Ol/96 145,000 Bentzen, John 09/OS/46 10/28/68 150,000 Berg, fiadd 07/27/70 10/Ol/89 150,000 Blomquist, Brian 12/31163 07/Ol/86 150,000 Boman, Ronald Ol/19/38 03111/68 150,000 Collins, Terry OS/13/6� 10/O1/89 12Q,000 Crass, Gary 12I30/53 10/Ol/97 100,000 Dustin, David IO/I3/57 06/O1/95 100,000 Faust, Joseph** OS/13/35 09/01J87 100,000 Frybarger, Jeff 06/18/58 08/O1/85 125,000 Gaitlin, Lee Ol/02/SS 06I01/2002 100,000 Ga.utsch, Brandon 04/29/74 08/O1/2000 130,000 Criving, Gary 10/19/42 03/11/68 150,OQ0 Hallerman, Curt 07/22/68 08/25/86 150,400 Henry, Thomas 12/11/SS 06/O1/95 100,000 Hoglund, Adam Ol/09/79 07/O1f98 150,000 I Hulke, Jeremy 04/17/75 07/01/98 Z4�S,OOQ Jones, Greg OS/17/54 07/Ol/86 100,000 Koegl, Matthew 01/24J72 10I01/97 130 Korman, Kent 03/07lS8 122�01/77 150,OQ0 Marsh, Michael 10/29/74 06/Ol/2002 12Q000 McDonald, Sandi 04/08/63 OS�OI/99 100,000 Nelson, Ole 02/13/44 08/12p74 140 Pelarsld, Edwin Ol/24/72 10/Ol/97 130,000 w Polz, 7ohn 09/16/63 OS/Ol/2000 100,000 Reiffenberger, R 08/03/49 04/OI/87 100,000 Schul Daniel 11/27/67 OS/Ol/87 150 000 Sorby, Gene Ol/08l55 09/OU89 T00,000 Surratt, Aaron OS/25175 09/Ol/96 150,000 Thoz�pson, Troy 07/11/74 06/01/95 150,OQ4 Wacha, Steve 04I12/64 11/Ol/85 150,000 Westerho� Keith 05/26/76 OS/Ol/99 145,000 1 Whilman, Frank 08/19151 12/Ol/?7 130,000 u; Winkelman, John 06/14/67 06/Ol/2002 100,000 i n�i f a N� 1» BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATI 9 January 1, 2003 Actuarial Yaluatiort 3 Inactive Members ��d Be�efi ��?es as of Januarv 1. 7M13 Birth Annual Retirg�e.ml,er� p.�g Ganfield, Clazence Ol/45/24 $2,784 Cashman, Robert 02l22l27 2,760 Claypatch, Jack OS/Q?/3I I,812 Considine, Clem 11/18/25 2,556 Comwell, Ralph 06/26l40 2,076 Draisey, Darwin OS/23/34 1,632 Edling, Charles 02/22/37 1,956 ;j Fo�c, Robert 08/27i33 2,304 *a HannaY, William 04/07/21 3,516 Jennric�, Itichard 04/02/28 3,324 Knight, Richard 07/06/43 2,280 Larsoq L.ouis Ol/03/18 2,412 Lindmaq Allen 06/18/20 3,360 Nerburn, George 07/06/36 3,264 Owens, Stanley 10/03/35 3,720 Sandgren, Lial OSl15/12 2,736 Vaughn, James 04/24/33 3,204 Vaughn, William 03/08/18 3,396 Birth Annual Widows p� �1e� Cahlander, Beity 11/26i39 $5,436 Cichoski, Phyllis 10/23J36 1,632 Davis, Shirley 03/14/29 2,928 Jacobse;n, Helen Ol/12/25 1,668 Johnsoq Mary 10/14/21 2,784 Kolst�d, Mazge O1/21/27 2,4T2 Linner, Lucile 09/15/18 3,252 1Vlanderfeld, Toan 07/15/28 3,192 Mason, Ru�di 08/13/26 3,912 McKinley, Marion 09/04/22 3,156 Miller, Hel� 12lOZ/18 3,060 Paulson, Dorothy 08/01/14 3,192 Birth Lump sum De, ferrerl vested j� Bombeck, Ronald 08/Ol/55 $18,000 �;1 Bystrom, James 11/11/67 37,950 �j Kamitz, Craig 03/01152 13,86� Lenhart, Michael 04/11/5�4 33,123 �a McWood, Jace 04/24f61 24,053 e Sigurdson, Cazl 06/03/60 3Q,000 Sigurdson, 7eanne 10/22/61 30,896 e Thompson, Dale 05/03/54 19,013 1� BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION I .Tar�uary 1, 2003 Actru�ial Yaluation Summ�trv of Plan Provisions Normal retirement benefit Members may elect a monthly payment of $26.50 per year of service, or a lump sum payment of $5,400 per year af service up to a maximum of 30 ye�rs. Benefits are payable on retirement after attainment af age 50 and completion of at least 24 years of service. ;:j Vested termination benefit Members terminating with at least ten years of service are eligible to rec�ive a benefit when they reach age 50. The benefit is equal to the accrued normal retirement benefit multiplied by the member's vesting percentage. The vesting percenta.ge is 60% for menabers with 10 years of service, increased by 4% for each additional year of service up to a maximum of 104% after 20 years. A deferred pensione�'s lump sum benefit is adjusted by 5% interest during the deferra� period. '.��.9 AlY Death benefits On the death of married active or deferred vested members prior to retirement, their vested. a.carued benefits (minimum of $530 per month) aze payable immediately to surviving spouses. On the death of an unmarried active or deferrecl vested member prior to retirement, the accrued lump sum benefit is payable immediately to the member's designated b�neficiary. A lum sum a ent af $2 500 is a able to the P PYm PY member's surviving spouse or esta.te following the dea.th of a retired member wha has been receiving monthly benefits. i �.j `i i .:il :�3 I s II I 1 I i 11 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCTATION I .Icmuary 1, 2003 Actucnial Yaluation Actuarial Methods and Assumotions Mortality The 1983 Group Annuity Mortality Table. Withdrawal The rate of withdrawal is 7% from ages 2D to 30, decreasing uniformly to zero at age 45 with no withdrawal after that age. Retirement Members ai�e assumed to retire at the later of age 52 or 20 years of service. Interest rate 5% for determining the annual contribution; 7.5% for GASB 25 disctosures. Actuarial cost method The Entry Age Normal Cost Method, as prescribed by Mu�nesata. Statutes. Under this method, the normat cost for an individual member is the level annual dollar amount required, beginning on the date af joining the association, to accumulate the fiznds needed to pay the member's accrued benefits by their assumed retirement age. The actuarial accrued liability is the accumulated vaiue of these annual normal costs on a given date. The normal cost and accnie� liability for the plan is the total of these values for all members. I� -t ��a: c� Work Session Agenda Item 3 MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Cammunity Development Director DATE: July 22, 2004 SUBJECT: Senior Affordable Housing Project In late April of this year, we were approached by Frank Dunbar (Dunbar Developrnent) and Jim Winkles (Ameon) about the possibility of constructing an affordable senior housing apartmen� complex to be owned by Volunteers of Ameriea a non profit corporation. We discussed a number of potential sites that included the southwest corner of Bass Lake Road and Broaklyn Boulevard, the Asian Market on 57`" Avenue and the area across the street from the Asian market that included the auto parts/thrift shop building, a vacant parcel and the Anderson Drywall building. After reviewing the sites, ;we have focused on the south side of 57�' Avenue. They are proposing to construct 60 independent senior housing units with underground parking. The project would be developed and constructed by Dunbar Development and Amcon Construction. Upon completion of the building; management of the complex will be provided by Great Lakes Management. They are requesting assistance from the CityfEDA to keep rents affordable. Thirteen (13) on the units would be affordable to individuals at 50%0 of the median income. A 1 bedroom and bath would rent for $719 and a 1 bedroom and den would rent for For $862. The other units would range in rent from $775 per month for a 1 bedraom to $1,3'75 per month for a 2 bedroom, den and 2 bathroom unit. The site for this project is located in TIF District 3. TIF District 3 is subject to special legislation requiring that 15% of the TIF funds received must be used for affordable housing. Monday evening we will be prepared to discuss the request of the developer on behalf of Volunteers of America. Their request includes the acquisition of the property and a long term lease or other arrangement as negotiated, tax exempt bond and tax credits and 60% on the TIF generated by the project. 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