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HomeMy WebLinkAbout2003 04-14 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION April 14, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Request of Fire Relief Association to consider changes to charitable gambling ordinance 3. Miscellaneous 4. Adjourn i City of Brooklyn Center A Millennium Community To: Mayor Kragness and C uncil Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: April 10, 2003 Re: Charitable Gambling Ordinance The Fire Relief Association has inquired in the attached letter regarding possible changes to the City's charitable (lawful) gambling ordinance. They have specifically inquired about: 1) operating in more than one location 2) 90% payout (current ordinance is 80 %) 3) operation of paddlewheels. Enclosed is a memorandum from the City Attorney responding to the legal questions raised by the Relief Association. Also enclosed is a memorandum from the City Clerk providing some historical background on the current ordinance and a survey of other cities. As indicated in the survey, most of the surveyed cities allow paddlewheels and many do not limit the number of locations. The item is on the study session agenda for Council discussion. 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.cityolbrooklyncenter.org �Y Brooklyn Center Fire Department Relief Association 6250 Brooklyn Boulevard Brooklyn Center, MN 55430 Telephone: 763 -566 -5863 March 19, 2003 Brooklyn Center City Council and City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Manager and Council Members: I am writing this letter with the anticipation of the City Council changing a few of the charitable gambling ordinances. I would like to bring to your attention three items located in Section 23 -1902 in the city ordinances: 1. Section 23 -1902 #13. This states that an organization may only operate in one premise within the city. I would life to see this changed so that the Fire Department Relief Association could operate in two locations. This would greatly increase our lawful purpose donations, of which 90% goes to citizens and organizations within the city. 2. Section 23 -1902 #11. I am inquiring if it would be possible to play a 90% payout pull -tab game maybe once a week on a specific day. This type of game is incredibly popular with the players and while this game may not be as profitable for the organization, it does increase the popularity and profits of other games. 3. This point is not mentioned in any of the city ordinances but I think it should be considered: the mini- paddle wheel. This piece of equipment is used in meat raffles. A meat raffle is also a big draw to the organization because this type of crowd will be the type to play pull -tabs in the establishment. The min- paddle wheel is recognized by the State as a legal form of charitable gambling. Page 2 In closing, I would like to thank you for the opportunity to bring to light some concerns of our organization. Please feel free to contact me with any questions or concerns you might have or any explanations needed to fully understand charitable gambling. I may be reached at 763- 569 -3380 (work) or 763 - 560 -7212 (home). Sincerely_, j •J Todd Berg Gaqibling Manager Brooklyn Center Fire Department Relief Association 470 Pillsbury Center ' 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com C HARLES L. U YEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com March 26, 2003 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Brooklyn Center Fire Department Relief Association Charitable Gambling Dear Mike: You forwarded to me for.commer>t letter dated,l�arcfi � �., 20Q3, �rozxi .To�id.Berg. of the.Relief Association..: z , ;f .';... . Mr.. Berg posed. several que;;tions :relati n . z0 . the.. ' City' . ' _cliarifa Je gambling ordinance. , .... First, Mr. Berg requests modification of the ordinance to allow the Relief Association to operate in two locations. Section 23 -1903 limits an organization to one premises in the City. However, the Council may authorize an organization that had a lawful gambling activity on the effective date of the ordinance (which is not specified in the code) to add one additional location. Therefore, if the Relief Association was already operating at one location at the time the code was modified to allow an additional operation to be conducted, the Code would already allow the City Council to permit operation at a second location. I believe that the reason for limiting the number of locations is that there are a limited. number of locations in the City where charitable gambling may be conducted profitably. I assume that the Council felt that a number of charitable organizations should have the opportunity to raise funds in this way and that allowing one organization to "corner the market" by occupying a larger number of the available and commercially viable sites in the City would be unfair. However, it is within the City's authority to modify this restriction if it wishes to do so. The second question posed by Mr. Berg is whether they could be permitted to periodically play a 90% payout pull-tab game. City Code currently limits payouts to 80 %: I do not know. why the City Council .limited the payout percentage to 80 %. It may be that. the Council felt � hat limiting 1. the maximum would level the playing field for the various charitable 'orginizatioris' operating in CLL- 229317vl BR291 -4 Mr. Mike McCauley March 26, 2003 Page 2 of 2 the City to assure that all of the organizations were able to secure a reasonable return so that more funds could be contributed to charitable purposes. The higher the maximum permitted payout, the more likely it would be that gambling operations would compete with each other by increasing the payout percentage, which could ultimately result in a reduced amount of money available for charitable purposes in the City. Finally, Mr. Berg requests that the ordinance be amended to permit mini- paddle wheel games. The ordinance currently allows pull -tabs as the only permitted form of charitable gambling. As noted in Mr. Berg's letter, state law permits the use of paddle wheels, although cities can impose greater restrictions. I do not know why the City Council would have permitted pull -tabs but not paddle wheels, I could have someone in the office make some inquiries of people, at the charitable gambling control board or elsewhere, about the possible disadvantages of allowing paddle wheel games. However, you may be able to make those kinds of inquiries at less cost by using City staff. If you would like us to pursue this question further, please let me know. Very truly yours, Charles L. LeFevere CLL:sez CLL- 229317v1 BR291 -4 Office of the City Clerk Y City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M ger FROM: Sharon Knutson, City Clerk DATE: April 8, 2003 SUBJECT: Charitable Gambling Ordinance Review Attached please find copies of City Council agenda packet materials and City Council minutes from 09/14/87, 10/26/87, and 11/09/87 that might answer some of the questions raised by the Brooklyn Center Fire Department Relief Association with regard to limiting the number of locations in the City where charitable gambling may be conducted. The agenda materials include ordinance amendments for both Chapters 11 (Liquor) and 23 (General Business Licensing) with regard to charitable gambling. 1987 was the last year the City ordinances relating to charitable gambling were amended. In response to your request to research charitable gambling ordinances in surrounding cities regarding number of locations, payout, and paddlewheels, I've attached a table detailing the requested information. Comments: 1) The wording in Chapter 23, section 23 -1902, sub 13 should be clearly understandable rather than the way it is worded "on the effective date of this ordinance ". It is sometimes difficult to go back and find out how many operations were i y p n existence in the past. I talked with Charlie LeFevere and he explained that the actual date can be substituted for that language, but that at the time of the writing of the ordinance the date was unknown. I 2) If we amend the ordinance, should it be titled "lawful gambling" rather than "charitable gambling" to be consistent with State Statutes? I'm not sure what the difference is between charitable gambling and lawful gambling. If you need additional information, please let me .know. 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.cityolbrooklyncenter.org Lawful/Charitable Gambling Survey City Number of Limits the Limits the Number of Regulates the Restricts Any Lawful/ Number of Locations Per Payout Form of Lawful Charitable Locations for Organization for Amount Gambling Gambling Lawful/ Lawful/Charitable (percentage Locations Charitable Gambling returned to Gambling the players) Brooklyn Yes — Center 1 per org. BC Lions Yes Yes — 3 No grandfathered in with 3 75 -80% Only pull -tabs Brooklyn Park Yes - 3 - Section 113:63 B (4) 11 No No No Champlin 2 No No No No Columbia No - Heights As per State 5 Statute No No No Crystal 7 Yes I No No No Fridley Yes - Pull -tabs only for Yes - liquor Only to establishments. If organizations non - profit who own their organization owns own building or own building they liquor Yes - are not limited I1 establishment 2/Location No Golden l Valley 4 No I No No * No New Hope l 1 No I No No No Maple Grove Yes Whatever Council deems reasonable and 4 No appropriate* No No Robbinsdale Yes Applicant must own or lease premises and it must be applicant's principal place of 1 No business No No *Maple Grove: The Council may restrict the number of locations per organization based on the following criteria: 1) the number of locations of specific types (church; fraternal, veterans' or other nonprofit organization; or on -sale liquor licensee); 2) the number of applications for lawful gambling by other organizations; 3) the extent of the applicant's present distribution system and 4) the City's desire to prevent monopolies and promote equitable application of this article. I CURRENT ORDINANCE I Section 23 -1814. PENALTIES. Whoever does any act forbidden by this ordinance or omits or fails to do an act y required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawful authority, be punished by a fine not to exceed $1,000 or imprisonment not to exceed 90 days or both, together with the costs of prosecution. Each day that a violation exists constitutes a separate and distinct offense. Section 23- 1815., LIABILITY FOR THE CRIMES OF ANOTHER. Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this ordinance or any act, which constitutes an omission and, therefore, a violation of this ordinance, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully, induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. CHARITABLE GAMBLING Section 23 -1900. STATEMENT OF POLICY. The City of Brooklyn Center deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes, Section 349.213. Section 23 -1901. DEFINITIONS. The definitions in Minnesota Statute 349 are adopted by reference in this chapter. Section 23 -1902. PULL -TABS SALE IN ON -SALE PREMISES. The sale ofpull -tabs in on- sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, the following regulations and qualifications must be complied with by all such charitable organizations: 1. The sale of pull -tabs shall be the only authorized form of gambling in on -sale licensed premises. 2. The organization must have been in existence in Brooklyn Center for at least three years. 3. The organization must contribute a significant amount of its proceeds from lawful gambling to lawful purposes within the City of Brooklyn Center. For purposes of this ordinance, the word "significant" is defined as over ninety percent (90 %) when averaged over a three year period. 4. The organization must file a list containing the names and addresses of all current members with the police department on an annual basis. 5. The organization must file pull -tab financial reports monthly with the police department. 6. The organization must exhibit and sell pull -tabs in a method as required by the City. City of Brooklyn Center 23 -68 April 1, 2002 7. Workers or managers may not divulge the number of or the dollar amount of the winners at any time. 8. Workers or managers shall not co- mingle game cards. 9. The organization shall comply with all the provisions of Minnesota Statutes Chapter 349. 10. The organization shall register with the State Gambling Board all equipment and supplies used in a licensed on -sale establishment. --11. The charitable organization shall not use a pull -tab which does not return to the players a minimum percentage of 75% nor a maximum percentage of 80% which percentage shall include free plays awarded. 12. The charitable organization will be responsible for the booth and other equipment used in the operation of pull -tabs. 13. No organization may have a pull -tab sale operation in more than one premises in the City; except that an organization may be authorized to conduct one more than the number of gambling operations it is lawfully conducting on the effective date of this ordinance. t NvvtMer q, 1987 14. The organization must pay the City of Brooklyn Center an investigation fee of $250 per year. Section 23 -1903. SEVERABILITY. Every section, provision or part of this chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of this chapter shall be held invalid, such holding shall not invalidate any other section, provision or part thereof. Section 23 -1904. PENALTIES. Any person violating any provision ofthis ordinance 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 ninety (90) days, or both, together with the cost of prosecution. ALARM SYSTEMS Section 23 -2000. STATEMENT OF POLICY. The City Council of the City of Brooklyn Center deems it necessary to provide for the special and express regulation of alarm systems which are designed to signal the presence of a hazard requiring urgent attention and to which public safety personnel are expected to respond in order to protect the public health, safety and welfare. The City Council finds that the regulation of alarm systems is necessary in order to reduce the increasing frequency of false alarms in Brooklyn Center. The great number and increasing frequency of these false alarms requires intensive, time - consuming efforts by the Police Department and thereby distracts from and reduces the level of services available to the rest of the community. This City of Brooklyn Center 23 -69 April 1, 2002 MINUTES & ORDINANCE CHANGES a- C CbIA (IZ. `d b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of ., 1987 at M. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES R EGARDING-CHARITABL E GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The Citv of Brooklyn Center deems it d esirable to reaulate lawful aamblina within It jurisdiction as authorized by Minnesota Statutes. Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 are adopted by reference in this chapter. Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES The sale of bull -tabs in on-sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfvira the aualifications set, forth in Minnesota Statutes. Chanter. 349. the followina reaulations and qualifications must be comblied with by all such charitable oraanizations: 1. The sale of gull -tabs shall be the on1v authorized form of aamblina in on -sale licensed premises. ?. The oraanization must have been in existence in Brooklvn Center for at least three years. Brooklyn Center City ordinance Page 2 Chapter 23 2. The oraanization must contribute a significant amount of its nroceeds from lawful gambling to lawful purposes within the Citv of Brookl,vn Center. For nurDoses of this ordinance, the word "significant" is defined as over ninetv nercent (go%) when averaged over a three vear period. A, The organization must file a. list containina the names and addresses- of all current mem bers with the nolice . department on an annual basis. 5. The oraanization must file null financial reports monthlv with the police department. 6. The oraanization must exhibit and sell Dull-tabs in a method as reauired by the Citv. 7. Workers or managers may not divulge the number of or the dollar amount of the winners at anv time. 8. Workers or manaaers shall not co-minale qame cards. 9. The oraanization shall comply with all the provisions of Minnesota Statutes Chanter 349. 10. The oraanization shall register with the State Gamblinq Board all equipment and supplies used in a licensed on- sale establishment. 11. The charitable oraanization shall not use a null-tab which does not return to the nlavers a minimum Dercentaae of 75% nor a maximum nercentage of 80% which nercentaae shall include free nlays 12. The charitable oraanization will be responsible for the booth and other equipment used in the operation of Dull-tabs. 13. No oraanization may have a 'Pull-tab sale operation in more than one -premises in the City* except that oraanizations may be authorized to continue to conduct the same number of gambling operations as are lawfully in existance on the effective date of this ordinance. 14. The oraanization must Dav the Citv of Brooklvn Center an investiaation fee of 8250.00 Der vear. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23-1903 SEVERABILITY Every section, provision or part of this Chanter is declared senarable from every other section, nrovision or nart to the extent that if anv section". 'D r ov s'i o n or nart of this Chanter shall be held invalid, such holding shall not invalidate - any other section, nrovision or hart thereof. Section 23-1904 PENALTIES AW person violatinq any Provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be nunished by a f.j.,ne- of ,not Tnore than seven hundred dollars ($700.00) and imprisonment for not more than ninety (90) days, or both, together with the cost of prosecution.. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987. Dean Nyquist,, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) q -ILl -V C; Cawnc,l �C CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held -on the day of , 1987 at .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the amendment to Chapter 11 of the City Ordinances involving liquor license establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES• REGARDING LIQUOR LICENSE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 711 and 717 of Chapter 11 of the City Ordinances are amended with the following language: Section 11 -711. CONDITIONS OF LICENSE. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein[.] . whether or not licensed by the stat ex cept that pul -tabs mav be sold on licensed premises when such activity is licensed by the stat pursuant to Min nesota Statute, Chapter 349 and conducted pursua to the reaulations contained in this ordinance. Section 11 -717 GAMBLING REGULATIONS. 1. Onl licensed char itable non- profit ora anizations that have been in exist in Brooklyn Center for at least, three vears and who contribute the majority of Dull-tab Droceeds for lawful purposes within the Citv of Brooklvn Center mav be alj owed to sell Dull -tabs on the premises. y 2. Use of the licensed premises shall be by means of a written lease aareement between the licensee and the charitable oraanization. The lease shall be for a term of at least one year,.: a conv shall, be filed with the police department, and also a copv must be kept on the Dremises and available for Dublic inspection upon req uest. Leases shall he go verned by the fo llowing Brooklyn Center City Ordinance Page 2 Chapter 11 A. Haximum, ' rent that may be charged is $100-00 Der week. B. Rental Davments may not be based on a Dercentaae of nrofits from aamblina. C. The charitable oraanization may not reimburse the licensee for anv license fees or other cramblincr related expenses incurred by the licensee. D. The onlv form of aamblina that shall be permitted on the licensed nremises shall be Dull-tabs aDDroved by the state. E. Pull-tabs shall onlv be sold from a booth used solely by the charitable oraanization. and pull- tabs shall neither be sold by emolovees of the licensee nor sold from the bar service area. F. The construction and maintenance of the booth used by the charitable organization shall be the sole' resDonsibilitv of the charitable oraanization. G. The lease shall contain a nrovision nermittina the licensee to terminate the lease if the charitable' oraanization j .-S found quiltv of anv violation of state or local aamblincr statutes. ordinances or rules and reaulations. 3. Onlv one charitable oraanization shall be Dermitted to sell Dull-tabs on the licensed Dremises. 4. The licensee may not be reimbursed by the charitable oraanization for any license or p(?-rmit fees. and the only comDensation which the licensee may obtain from the charitable' oraanization is the rent fixed in the lease aareement. 5. The licensee must commit to a minimum of twentv-five (25) hours of sales of 'Pull-tabs for the charitable oraanization Der week. 6-. The licensee shall he responsible for the charitable orcranizatio�T 7 s'c"'o - n - duct of selling pull-tabs. The City Council may susDe or a _ rprind up to sixty (60) days or revoke the licensee's els permission to allow aamblinct Brooklyn Center City Ordinance Page 2 Chapter 11 on the premises for any violation of state or local cramblincr laws or regulations that occur on the premises by anyone, includincr the licensee or the charitable orcranization. Any vinlation may also be considered by the City Council as arounds for suspension or revocation of the on-sale 11auor license. .SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal II publication. Adopted this day of 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) August 24, 1987. He pointed out a public hearing was opened on August 24, 1987, and has since been continued because the final plat has not been filed. The City Manager stated the final plat has still not been filed, but staff is recommending approval of this second reading. He assured the Council a building permit would not be issued until a final plat is filed. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing regarding An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember•Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion passed unanimously. ORDINANCE NO. 87 -13 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling. He noted this item is offered this ' evening for a first reading. Councilmember Theis stated he had some concerns with regard to item No. 3 under Section 23 -1902. He stated he would like a further explanation of "lawful purposes ". The City Manager stated the Council could approve this ordinance for a first reading this evening and change the wording before the second reading. He noted the next item on the agenda, An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments, is presented in conjunction with this ordinance. He stated either both ordinances should be passed for a first reading or denied the first reading this evening. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling and setting a public hearing date for October 26, 1987, at 7:30 p.m. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments and setting a public hearing date for October 26, 1987, at 7:30 p.m. The motion passed unanimously. PUBLIC HEARINGS, � ..-- Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for 1986 and 1987 diseased shade tree removal costs. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 9 -14 -87 -6- `aT i o -a� -$ F _ G Caunc PAM in 1.. M & C No. 87 -17 4; September 23, 1987 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Charitable Gambling Regulations `=- To the Honorable Mayor and .City Council: At the City Council's first reading of the ordinance establishing ' charitable gambling regulations, the Council expressed concern about the section regulating the types of purposes the proceeds from such gambling could be used. :In one of the initial drafts the statement "charitable purposes" was used and in the approved M first reading version the words "lawful purposes" were used. The City Council expressed concern that they did not understand << what "lawful purposes were." Attached please find a copy of the ». state law section. which defines lawful purposes. The staff changed the wording from charitable purposes to lawful purposes because.by definition charitable pur poses .,is, far more restrictive :. . in what -the` funding, can be used for than: is lawful purposes. Charitable '�under',`state statutes does not - include- "nonprofit" { .purposes or organizations. You „wi recal re will lceivin a list of : g a.. projects that have been funded 'by the Lions over the last`- few. years. - We- estimate that between 50% and 75% of those projects - s° .would not qualify' under. the label of charitable. If the Council concludes.that the lawful purposes definition under the statute' is too broad, it is legally possible to be more restrictive._ ,. However, staff is of the opinion that using the charitable F` purposes definition would probably be far more restrictive than the Council intends. For example, the Boy Scouts, the City band, and other similar projects the Lions contribute to, are not charitable organizations but the are nonprofit and Y p governmental. organizations. I hope this information addresses your expressed concerns. Respectfully submitted, Gerald G. Sp inter City Manager attachment CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26Th day of October , 1987 at 7:30.m. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO.- AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REG ARDING CHARITABLE GAMBL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The Citv of Broo Ce nter d eems it desirable to reg ulate lawful aamblin withi it - jurisdiction, as authorized bv. Minnesota Statutes, Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 ar e adopted by reference in this chapter. Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES The sale of pull -tabs in on -sale licensed premises shall be conducted by aualified and state licensed charitable organizations. In addition to satisfvina the aualifications set forth in Minnesota St atutes. Ch apter 349, t he following regulatio and qualific must be complied with by all such charitable organizations: 1. The sale of pull -tabs shall be the onlv authorized form of gambling in on -sale licensed premises. 2. The crganization must have been in existence in Brooklvn Center for at least three vears. Brooklyn City Ordinance Page 2 Chapter 23 3. The organization must contribute a sianificant amount Of its nroceeds from lawful aamblina to lawful nurDoses' within the Citv Of Broo'kivn, Center. For nurnoses of this ordinance. the word '" significant" is defined as over ninetv nercent when averaged ove a three vear period. 4. The orcanization must file a list containing the names and addresses of all current members with the nolice' denartment on an annual basis. 5. The organization must file null-tab financial renorts monthlv with the nolice department. 6. The orqanization must exhibit an sell pull-tabs in a method as reauired by the Citv. 7. Workers or managers may not divu2ae the number of or the dollar amount pf the winners at anv time. 8. Workers or ma n�ge-r5 5ba!!! not co-mingle came cards. 9. The orcanization shall comply with all the nrovisions Of Minnesota Statutes Chapter 349. 10- The organization shall register with the State Gambling Board all supplies used in a licensed on sale establishment. 11. The charitable orry which does kn_i_zationshal3 not use a 'cull-tab nC)t. r e t urn play ers a minimum' Dercentaae of 75% nor a maximum percentage of 80% which Dercentaae shall include free nla awarded. 12. The charitable oraanization will be resnonsible for the booth and other ecruizment used in the oneration of Dull-tabs.. 13. No oraanization may have a null-tab sale operation in i more than one nremises n the Citv: except that orcanizations may be authorized to continue to conduct' the same number of cramblincr ' onerations as are lawfullv' in existance on the effective date of this ordinance. 14. The oraanization must nav the Citv of Brooklvn Center an investiaation fee of 5250.00 ner vear. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23-1903 SEVERABILITY Every section,- provision or pert Cf this Chapter is declared senarable from every other qPctton, -provision extent that if anv - section, provi sion or part to the, -P inn —r s or - part of this Char)ter shall be held invalid such holdincr shall not invalidate anv other section, provision or nart thereof. Section 23-1904 PENALTIES Anv nerson violating anv provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be nunished by a fin of not more than seven hundred dollars L$700.00) and imprisonment for not more than ninetv 190L days, or both, together with the cost of nrosecution. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987., Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) M E M O R A N D U M TO: CHARLIE LeFEVERE FROM: CORRINE HEINE DATE: SEPTEMBER 21, 1987 - RE: BROOKLYN CENTER GAMBLING ORDINANCE The Brooklyn Center city council is considering the adoption of an amendment to its gambling ordinance. The amendment would require that a specific percentage of the licensed organization's profits be spent for lawful purposes within Brooklyn Center. The city council asked our office to determine whether the ph6 se "lawful purpose" should be defined in the ordinance. The phrase "lawful purpose" is defined by state gambling laws. See Minn. Stat. §349.12, subd. 11, as amended by 1987 Minn. Laws,'ch. 327, §2 (copy attached). Because state law provides a definition of "lawful purpose ", the ordinance does not need to define the term, unless the city wishes to restrict the purposes for which gambling profits may be spent. 0007ME02.G48 ..r ri�,x.'x �yy§_*P,'�' •'Xi. o;� « ,,,Lti,.� a: :. .z •.riz r' .^��.':a�.��: ^.�ttic<.xor.: y �;',`.'�.:". >. ?+• ..,�+�: "4^ rif=`. - ..:t.s:uJ"i'.� ;�•���•- ��:�`['.J ~t '� ! •�`.Y•u. ���+k. 4k ��� •• nMt Y:W P - . �� .�c�q�.__,._-- �Y`'��: °'= X'r:�� a��,soj�- ;6fl +..�.��.; �:� .•ma }a.c >:y,:�.�ai.'g�k'.a.:�-` '�r -- - � • �` _ x.' r ": ,rw. -" •- 5_`''tp ,'•.. ' `v` y ,'r�;'r' ••MSS •r*� °* ~ �„,y''+. - ' .a. x.s:�..: -a�. .r -ri•� !oq".Sr'.' ; t.{ - ,,. r 87 1926 1927 LAWS of MINNESOTA for 1987 Ch. 327 s T diem authorized for state CHAPTER 327— H.F.No. 169 15.059, subdivision 3; or An act relating to lawful gambling, providing for representation of horsepersons con - premiums on behalf of a tracting with a licensee,• including payment of taxes as a lawful purpose, • increasing the ber, Or agent of an or ni- percentage of profits that may be used for necessary expenses. changing requirements for ber agent of the o ni- 1 _, or _ ,F, _ _ distributors; allowing the board to summarily suspend licenses under certain con satin as a directot, officer, providing for a limit on the number of bingo occasions which an organization may conduct ization or employee benefit in a week, and the number of occasions which may occur on any site in a week{ authorizing arred by the person in or the board to adopt rules restricting the amount of rent charged by organizations; prohibiting local units of government from requiring organizations to make certain expenditures; mak- 12, is amended by adding a ing various technical changes, • amending Minnesota Statutes 1986, sections 240.13, subdivi- sion 5; 34932, subdivisions 11, 12, 13, and 15; 349.14, 349.15; 349.151, subdivision 3, and by adding a subdivision; 349.161, subdivisions 3, 3, and 7. 349.162, by adding subdivisions; pt as otherwise provided in 349.17, subdivisions 1 and 2; 349.18, subdivisions 1 and 3, 349.19, subdivision 3; 349.21; and nvensation as a member of 349,213, subdivision 1. �d under sections 11211 ion b that erson if the act BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: �._P ---- of the eorson's responsibili- Section 1. Minnesota Statutes 1986, section 240.13; subdivision 5, is amended to willful or re ckless miscon- to read: Subd. 5. PURSES. (a) From the amounts deducted from all pari- mutuel `} )ine, g eneral for a breach of pools by a licensee, an amount equal to not less than five percent of all money in all pools must be set aside by the licensee and used for purses for races conduct- ed by the licensee. The commission may by-rule provide for the administration n federal law, or and enforcement of this subdivision. iember's express contractual From the money set aside for up rses, the licensee shall pay to the horseverson's organization representing the maiority of the horseversons racing ed to limit the liability of a the breed involved and contracting with the licensee with respect to purses and ;on of another or for wron ul the conduct of the racipit meetings and providing representation, benevo- he board member- lent programs, benefits, and services for horseversons and their on -track employ- ees, an amount, sufficient to ey rfor•m these services, as may be determined by mpensation" means anY thin agreement by the licensee and the horseperson's oar' anization. The amount paid may be deducted only from the money set aside for purses to be paid in races for the breed represented by the hor•semrson's organization. With respect to racing meetin where more than one breed is racing, the licensee may contract { indevendently with the horseperson's organization representing each breed rac- veer, diem authorized for state ink tion 15.059, subdivision 3; or Sec. 2. Minnesota Statutes 1986, section 349.12, subdivision 11, is amended ance premiums on behalf of a to read: 1 Subd. 11. "Lawful purpose" means one or more of the following: (a) ` benefiting persons by enhancing their opportunity for religious or educational '87 � ap — claims and a 1 to arisin advancement, by relieving or protecting them from disease, suffering or distress, ` - — - by contributing to their physical well -being, by assisting them in establishing j themselves in life as worthy and useful citizens, or by increasing their compre- hension of and devotion to the principles upon which this nation was founded; ne 'ens by strikee+et Changes or addition are indicated by underline, deletions by slFileeea{. !1!1!!� 1rh Mill =1111111111 Pal ;.3,b • ..- t . - i'' �t1r ° •. .,'.�' :•„ :•r'li >ek,: Rr. r, y�� �' . - - t K ,+ �:4v,'SY" r:+u.., y \. �4'�. �. {M. ✓iF•...�i.- i�'Y 2 )"CP.. i.`V y,,.,,_. •.'Xa'lFA. r ,,� �¢ �: •.+. „ =aIv �yy;;{Y;G.J1er• �ry, �: ^P+r`.y'�l8wiin.. .i'd -'•' "x +T. - • •.f .;t.e•t'g:.!.'.�tv.g. -. y ""y ,•<'^� t''x',- ".`..� M. .\ �.Y,,9.�` -'.-. b W •► :Y:.- '.,:,.. -'V �. q!o"y .ka s.c ...+5 y� eat .3K' ...brs'.'.,.4: ' - tia.. _. .3�6 f � . �5,n:.. "tr+: ` 'y�y T• `" �^ ..•�Gs�i. }� " :•.i3- %arf4�a- - � .. ._ . _. ..:? .x.. cL'. ?lw ��- '',.'' -M• ." :i =.; a.:l" g`,r,}�4 _ '. } u 4 -` \ - ..:)i:�:.` , r,tt !w .i1F.' Y,�. - 'Y' ':_^ ` - ` y � :+n -.mod. ?t%!feva; ._. .•..;ti -.. "^" _ acti.; ^_ <. -•. - Ch. 327 LAWS of MINNESOTA for 1987 r 1928 (b) initiating, performing, or fostering worthy public works or enabling or fur- thering the erection or maintenance of public structures; (c) lessening the burdens borne by government or voluntarily supporting, y augmenting or supplementing - -, services which government would normally render to the people; or (d) the improving, expanding, maintaining or repairing real property owned or leased - >^ by an organization; or Le) payment of taxes imposed under this chapter, and other taxes imposed by the state or the United States on recelDlS from lawful gamblin „ dYer = "Lawful purpose" does not include the erection or acquisition of any real property, unless the board specifically authorizes the expenditures after finding that the property purposes P pertY will be used exclusively for one or more of the specified in this clause. - • y Sec. 3. Minnesota Statutes 1986, section 349.12, subdivision 12, is amended t. to read: t Y .a 'eS Subd. 12. "Organization" means any fraternal, religious, veterans, or other ` nonprofit organization which has been in existence for at least three years and has at least 15 active members Sec. 4. Minnesota Statutes 1986, section 349.12, subdivision 13, is amended +. to read: Subd. 13. "Profit" means the gross receipts collected from lawful gambling, less reasonable sums necessarily and actually expended for prizes aftd time imposed �by tbi9 ehapt'ef. Sec. 5. Minnesota Statutes 1986, section 349.12, subdivision 15, is amended �. to read: Subd. 15. "Gambling equipment" means: bingo cards and devices for selecting bingo numbers, pull-tabs, tieket jem ar tickets, paddlewheels, and tipboards. Sec. 6. Minnesota Statutes 1986, section 349.14, is amended to read: . 349.14 ORGANIZATION MAY CONDUCT LAWFUL GAMBLING; LICENSE. An organization may conduct lawful gambling if it has been in e9t isienee €w ei tbtee 5'eftrs, bm 64 iea* 4-3 eetive ambers-, has a license to conduct lawful gambling from the board and complies with this chapter. Sec. 7. Minnesota Statutes 1986, section 349.15, is amended to read: 349.15 USE OF PROFITS. Profits from lawful gambling may be expended only for lawful purposes or expenses as authorized at a regular meeting of the conducting organization. Changes or additions are indicated by underline deletions by stFikeeut. •..,t,r, I. e ! r .. e.q Y� ,�" b Ik^' ' Ak ^!� ,':.u+�ip..' i 14 6 i.. Fb CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October , 1987 at 7 :30 P M. at the City Hall, 6301 Shingle Creek Parkway, to consider the amendment to Chapter 11 of the City Ordinances involving liquor license establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 711 and 717 of Chapter 11 of the City Ordinances are amended with the-following language: Section 11 -711. CONDITIONS OF LICENSE. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein[.] , whether or not licensed by the state. except that null -tabs ma sold o n licensed premises when such activity is licensed by the st pursuant to Minn esota Statute, Chapter 349, and conducted pursua to the reaulations contained in this ordinance. Section 11 -717 GAMBLING REGULATIONS. 1. Onl licens charitable non - pro fit oraanizations that have been in existence in Brooklvn Center for at least three vears and who contribute the ma-iority of pull - tab proceeds fo lawful purpo within the City of Brookly Center may be allowed to sell pull -tabs on the premises. 2. Use of the licen premises shall be b y means of a written lease aareemprt_ retWeen the licensee and the charitable organization The lease shall be for a term, of at least one vear: a �-nr_v shall be filed with the, police department. and also a conv must be kept on the premises and available for public inspection upon request. Leasesshal.1 he governe by the followinq_ y Brooklyn Center City ordinance Page 2 Chapter 11 A. Maximum rent that may be charged i s S100.00 ner week. B. Rental navmentsmav not be based on a percentacLe of nrofits from aamblincT. C. The charitable organization may not reimburse the licensee for anv li fees or other aamblinq' related exiDenses,in,curred by the licensee., D. The only form of gambling that shall be mermitted on the licensed premises shall be null -tabs' a by the state. E. Pull -tabsL qi2ly be sold from a booth used solely by the ch orga nization, and Pull- tabs shall neith be sold by em of the licensee nor sof , from'th_e_barservice area. F. The constnaction and maintenance of the booth used by the charitable_ organization shall be the sole responsibility of the cha ritable orcranization. G. The lease shall contain a - provision nermittinq_the licensee to -terminate the lease if the charitable orcranization is found a uiltv of anv violation of state or 1oca1 gambling statutes, ordinances or rules and recrulations. 3. Only one charitable oraanization shall be nermitted to sell pull -tabs on the licensed premises. 4. The licensee may not be reimbursed by the charitable orcranization for anv license or nermit fees, and the only compensation which the licensee may obtain from the charitable orcranization is the rent fixed in the lease aareement. 5. The licensee must commit to a minimum of twentv-five (25) hours of sales of 'cull-tabs for the charitable orcranization ioer week. 6. The licensee shall be resnonsible for the charitable oraanization's conduct of selling null -tabs. The City Council may susnend for a neriod up to sixty (60) days' or revoke the licensee's nermission to allow cramblincr Brooklyn Center City Ordinance Page 2 Chapter 11 on the premises - for an y vio,1;;t-jn-n of state or local cramblina laws or regulations that occur on the premises hz _anvone, including the licensee charitable Rorganization. Anv may also be considered by . the City Council 1 '35 grounds for suspension or revocation of the on-sale 1. icruor license. SECTION 2. This ordinance shall become - effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987. Dean Nyquist, mayor ATTEST: Darlene Weeks, City Clerk Date of Publication September 24, 1987 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) RESOLUTION ORDERING A PUBLIC HEARING ON A RESOLUTION OF INTENT TO ORGANIZE COLLECTION OF REFUSE WITHIN THE CITY OF BROOKLYN CENTER AND INVITING THE PARTICIPATION OF INTERESTED PERSONS IN PLANNING AND ESTABLISHING THE ORGANIZED COLLECTION SYSTEM t The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing a Project under Minnesota Statutes 462C and the Issuance of First Mortgage Elderly Housing Revenue Bonds to Finance the Project (Maranatha Housing Project). Councilmember Lhotka said he removed this item from the consent agenda to vote against it. RESOLUTION NO. 87 -200 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES 462C AND THE ISSUANCE OF FIRST MORTGAGE ELDERLY HOUSING REVENUE BONDS TO FINANCE THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by "'''m'ember Celia Scott, and the motion passed with Councilmember Lhotka opposed. I ORDINANCES The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling, noting this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. He added this should be considered concurrently with An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments, which was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading also. Councilmember Hawes said he received a letter from Bob Spies of the Lions Club, who said there are ten to twelve potential sites for pull tab operations in the City; Councilmember Hawes asked if this is accurate. The City Manager affirmatively, saying each facility with a liquor license is eligible. Mayor. Nyquist said Mr. Spies could not be at the meeting this evening, but he requests a grandfather clause for the Lions Club to include three locations. The City Manager said. there should be special action authorizing a third site or the ordinance approval should be delayed. Councilmember Lhotka said he is having a hard time understanding why three sites are needed. Councilmember Theis said he was not in support of this when it started, but would feel comfortable if the wording were changed to say if another organization wants one of the three locations, the Lions Club should be willing to give up one of its locations. He suggested laying over this item so the proper wording can be developed on item 13 of the ordinance. The City Manager suggested a public hearing be held first. Councilmember Hawes asked for clarification on which site would be given up if an organization is allowed to begin with three sites. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable 10 -26 -87 -6- Gambling and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a.motion to close the public hearing or continue it to the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling to the November 9, 1987, City Council meeting. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing or to continue the public hearing to the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Establishments to the November 9, 1987, City Council meeting. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and ClA Zones, noting this item was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and C1A Zones and inquired if there was anyone _present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow Certain Instructional Uses in the Cl and C1A Zones. The motion passed. ORDINANCE NO. 87 -14 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CERTAIN INSTRUCTIONAL USES IN THE Cl AND C1A ZONES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Part of a Drainage and Utility Easement along the Northerly Lot Line of Lot 3, Block 3, Donnay's Brook Lyn Gardens Fourth Addition, noting this item was first read on September 1, 1987, published in the City's official newspaper on September 24, 1987, and is offered this evening for a second reading. (]10-26-87) -7- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinatoro DATE: November 6, 1987, SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling Based on the request of the city council, City Attorney Charlie LeFevere has Prepared some alternativd language for Section 23- 1902, subdivision 13, of the ordinance amending chapter 23 regarding charitable gambling. This language is presented in a drafted ordinance labelled "Option 2 11 in agenda packet. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will he held on the 26th ' day of October 1 1987 at 7:30 .m. at the Ci ty Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561-5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23-1900 STATEMENT OF POLICY The Citv of Brooklvn Center deers it, desirable to recrulate lawful aamblin urisdiction as authorized by Minnesota Statutes. Section 349-213. Section 23 DEFINITIONS The definitions in Minnesota Sta,ti.itp 349 are adoDted by reference in this chatter. Section 23-1902 PULL-TABS SALE IN ON-SALE PREMISES The sale of Dull-tabs in on-sale licensed oremises shall be conducted by crualif ied and state ' "-licensed charitable' orcranizations. In addition to satisfvjjnCT the qualifications set' forth in Minnesota Statutes. Chant ­ 349', the foll owing ' regulations and aualifications must be complied with by all such charitable oruanizations: 1. The sale of Dull-tabs shall be the onlv authorized form of aamblina in on-sale licensed premises. 2. The craanization must have been in existence in Brookivn Center for at least three vears. Brooklyn Center City Ordinance Page 2 Chapter 23 3. The oraanization -m,jqt contribute a sianificant amount of its nrqceeds .. f-or lawful aamblina to lawful purposes' within the C ity of center. For nurnoses of this ordinance, the -word "significant" is defined as over ninetv percent (90- when averacred over a three' vear neriod. 4. The organization must file a list containina the names and addresses of al,.l Current members with the nol' ice dezartment on an annual basis. 5. The oraanization must file PuJ,I-tab financial renorts monthly with the police deDartme'nt. 6. The org anization niigi- exhibit and sell 'oull-tabs in a method as reauired bv the Citv. 7. Workers or managers may not divulae the number of or the dollar amount of the winners at any time. 8. Workers or managers shal2, not co-mingle name cards. 9. The oraanization shiftll CCmply with all the nrovisions of Minnesota Statutes Chanter 349. 10. The oraaniza shall register with the State Gamblinq Board all e and supplies used in a licensed on- sale establishment. 11. The charitable oraanization shall not use a null-tab which does not return t niavers percentage of 75% nor a max' 0 a minimum. maxi percentage of 80% which Dercentaae shall include free n1ays awarded. 12. The charitable oraanization w . ill be responsible for the booth and other eauinment u.se-.d, in the oneration of Dull-tabs.. No oraanization may have a Dull-tab sale operation in more than one premises in the City; except that orqanizations may be authorized to continue to conduct the same number of qamblinq operations as are lawfully' in existance on the effective date of this ordinance. 14. The oraanization must nav the Citv of Brooklyn Center an investiaation fee of $250.00 per vear. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23-1903 SEVERABILITY Every section. nrOvision or rart of Chanter this Chant is declared senarable from every other section. provision ' provision ' ' ' nrovision or -cart to the extent that if any section o2jr _p_ar of this Chanter shall be held invalid, such holding shall not invalidate any other section, provision or Dart thereof. Section 23-1904 PENALTIES Anv nerson violating an y p rovision of this ordinance shall be guilty of a misdemeanor an upon conviction thereof. shall be' punished by a fine of not more than - se . ven hundred dollars ($700-00) and imprisonment for not more than ninety (90) days. or both, toaether with the cost of nrosecution. SECTION 2. This ordinance shall become effective after. adoption and upon thirty (30) days following. its legal publication. Adopted this day of 1987. Dean Nyquist, Mayor ATTEST:. Darlene Weeks, City-Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Option 2 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at M. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABIZ GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The Citv of Brooklvn Cen deems it desir able to regulate lawful aamblina within its - jurisdiction a s authorized by Minnesota Statutes, Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 are adopted by reference in this chapter. Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES, The sale of gull -tabs in q onnsalP li censed pre mises shall be, conducted by ualified and stat.a licensed charitable organizat ; ons. In addit to satisfying the qual ifications set forth in Minnesota Statutes. ChartP'r 149, the following regulati and qualifications must be complied with b all such charitable oraanizations: 1. The sale of pull -tabs shall be the only authorized form of aamblina in on -sale licensed premises. 2. The oraanization must have been in existence in Brooklvn Center for at least three vears. Brooklyn Center City Ordinance Page 2 Chapter 23 3. The oraanization 'must contribute a significant amount of its nroce from lawful aa:mblinq to lawful purposes' within the City of Brookl .11 Center. For purposes of this ordinance. the word " significant" is defined as over ninetv nercent (90%) when averaaed over a three' vear neriod. 4. The organization riini- f ile a list containing the names and addresses of all current members with the nolice' department on an annual basis. 5. The oraanization must file null-tab financial renorts monthly with the police department. 6. The oraanization must exhibit and sell null-tabs in a method as required by the City. 7. Workers or manaaers may not divulae the number of or the dollar amount of the winners at anv time. 8. Workers or manaaers shall not co-ninale came cards. 9. The oraanization shall comply with all the trovisions of Minnesota Statutes Chanter 349. 10. The oraanization shall. reaister with the State Gamblinq Board all eauiDment and supplies used in a licensed on- sale establishment. The charitable organization shall not use a pull-tab which does not return to the nlavers a "minimum Dercentage of 75% nor a maximum nercentaae of 80-% which' Dercentaae shall include free Dla awarded. 12. The charitable oraanization will be responsible for the booth and other ecruiDment used in the oneration of Dull-tabs. L3. No oraanization may have a tull-tab sale oneration in more than one premises in the Citv: except that an oraanization may be authorized to conduct one more than the number of aamblina onerations" it is lawfullv conductina on the effective date of this ordinance. 14. The oraanization must pav the City of Brooklvn Center an investiaation fee of '9250.00 per vear. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23-1903 SEVERABILITY jy_ery section provision or hart of this Chapter is.declared senarable from every othp.r section, provision or - part to the extent that if any section, provision or part of this Chanter shall be held invalid, such holding shall not invalidate any other section. Drovision or Dart thereof. Section 23-1904 PENALTIES Any person violating any provision . of this ordinance shall be gu of a misdemeanor and upon conviction thereof. shall be Dunished by a fine of not more than seven hundred dollars ($700.00) and imprisonment for not more than ninety (90) days, or both, toaether with the cost of Drosecution. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) /o6 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of October , 1987 at 7:30 m. at the -City Hall, 6301 Shingle Creek Parkway, to consider the amendment to Chapter 11 of the City Ordinances involving liquor license establishments. - Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 711 and 717 of Chapter 11 of the City Ordinances are amended with the following language: Section 11 -711. CONDITIONS OF LICENSE. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein[.] , whether or not licensed by the state. except that null -tabs may be sold on licensed premises when such activity is licensed by the state nu fsuant to Minnesota Statute, Chanter 349, and conducted nursuant to the reaulations contained in this ordinance. Section 11 -717 GAMBLING REGULATIONS. 1. Onlv licensed charitable non- Drofit organizations that have been in existence in Brooklvn Center for at least three nears and who contribute the maiority of null -tab proceeds for lawful purposes within the Citv of Brooklvn Center . may be allowed to sell pull -tabs on the premises. 2. Use of the licensed premises shall be by means of a written lease aareement between the licensee and the charitable oraanization. The lease shall be for a term of at least one year; a conv shall be filed with the police department, and also a conv must be kept on the premises and available for public inspection upon rec ruest. Leases sha be governed by the following: Brooklyn center City Ordinance Page 2 Chapter 11 A. Maximum rent that may be charged is $100.00 Der week. B. Rental Davments may not be based on a percentage of nrofits from aamblina. C. The charitable organization may not reimburse the licensee for any license fees or other aamblina' related exnenses incurred by the licensee. D. The onl'v—form of gambling that shall be permitted on the licensed nremises shall be null-tabs annroved by the state. E. Pull-tabs shall ' o ' nIv be sold from a booth used solely by the charitable oraanization, and pull - tabs shall neither be - sold by emnlovees of the licensee nor sold . from the bar service area. F. The construction and maintenance of the booth used by the charita ' ble oraanization shall be the sole' responsibility o.. f the charitable oraanization. G. The lease shall contain a provision nermittina the licensee to terminate nate the lease if the charitable' oraanization is found au'ltv I of any violation of state or local qamblincr statutes, ordinances or rules and regulations. Only one charitable oruanization shall be permitted to sell null-tabs on the licensed premises. 4. The licensee may not be reimbursed b charitable oraanization for anv license or permit fees, and the only comnensation which the licensee may obtain from the charitable oraanization is the rent fixed in the lease,aareement. 5. The licensee must commit to a minimum of twentv-five (25) hours of sales of Dull-tabs for the charitable oraanization per week. 6• The licensee shall be resnonsible for the charitable oraanization's conduct of selling' null-tabs. The Citv Council may suspend for aneriod up to sixty (60) days or revoke the licensee's nermission to allow aamblina Brooklyn Center City Ordinance Page 2 Chapter 11 on the premises for any violation of state or Violation local ni aamblina laws or regulations - :cur on the premises by anvone including the licensee or the charitable oraanizat AnY violation mAv also e ("nnsidered bv. the C itv Council as grounds for - su - s - p'ens ion or revocatio of the on-sale licruor license. SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication September 24, 1987 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE FOR THE ENGINEERING TECHNICIAN IV The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CHRISTMAS TREE SALES LOT Midwest Challenge, Inc. P. 0. Box 7364 Osseo Brooklyn Bus Co. 4435 68th Ave. N. MECHANICAL SYSTEMS Air One Mechanical Co. 6317 Welcome Ave. N. Northwestern Service, Inc. 2296 Territorial Road SIGN HANGER Signart Company, Inc. 2535 Pilot Knob Road The motion passed unanimously. -' ORDINANCES The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling and said this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and a public hearing was opened on October 26, 1987. The public hearing has been continued to this evening's meeting. He also presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor .License Establishments and said this ordinance was first read on September 14, 1987, published in the City's official newspaper on September 24, 1987, and a public hearing was opened on October 26, 1987. The public hearing has been continued ,to this evening's meeting also. The City Manager said these two ordinances are interrelated and should be considered together. . He said there are representatives from the Lions Club at this evening's meeting, and the Lions Club has requested a modification in the ordinance amending Chapter 23 to allow the Lions Club to have three gambling locations instead of two. Mayor Nyquist recognized Bob Speis of the Lions Club who said he would like to have the Lions Club randfat g hexed in by this ordinance gambling locations because more money will be raised for the a community. the He acknowledged there has been concern over monopoly by the Lions Club, but if there is a problem, the Lions Club would give up one of its three sites. Mr. Spies said the Lions Club presently has two locations, and the Club is netting about $9,000 a month. If there are three sites, there will be that much more money for the community. Councilmember Theis said nothing in the ordinance says the Lions Club will voluntarily give up one location if asked, but if the intent is in the minutes, he asked if this will help the City's cause if there is a problem. The City Manager said it will give the City leverage but not control. Councilmember Scott said if it came to the point that another organization wanted one of the Lions Club's locations, the City should have the option of 11 -9 -87 -3- renewing only two of the licenses for the Lions Club at renewal time. Councilmember Lhotka said he will oppose the allowance of three sites for the Lions Club, although he does not oppose the Lions Club per say. ' i There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearings on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling and An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments. The motion passed unanimously. ORDINANCE NO. 87 -17 Member Celia Scott introduced the following ordinance and moved its adoption, with an amendment to the original ordinance amendment as follows: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. ORDINANCE NO. 87 -18 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 87023 SUBMITTED BY JAMES ANDRESCIK REOUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW A ZERO SETBACK FOR AN ATTACHED GARAGE PR,ESFNTLS' BUILT OVER THE SIDE PROPERTY LINE AND A STORM SEWER EASEMENT PLANNING COMMISSION APPLICATION NO, 87024 SUBMITTED BY JAMES ANDRESCIK REOUESTING FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW A LAND TRANSFER BY METES AND BOUNDS DIVISION RATHER THAN BY FORMAL PLATTING, The City Manager said he received a request from the applicant to table these applications to the next Council meeting. He said staff would like to discuss the situation with the City Council and receive comment from it prior to the next meeting. He suggested the Mayor open the public hearings on these applications and adjourn the hearings to the next meeting for specific action. Councilmember Scott asked if there is a problem with the agreement the City has asked the applicant to sign. The City Manager said agreements similar to this have been _devise for other development' projects, but the applicant objects to the amount necessary for the letter of credit. The Director of Public Works proceeded to review the situation involved here. He said the locations involved are 5806 and 5812 Halifax Avenue North; the applicant is trying to sell his home and has found problems with the easements 11-9 -87 -4- • CITY COUNCIL MEETING ** REVISED ** City of Brooklyn Center April 14, 2003 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 Forum 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. -Joel Downer 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call • 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine 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. March 24, 2003 - Study Session 2. March 24, 2003 - Regular Session 3. April 2, 2003 - Joint Session with Housing Commission b. Licenses • C. Resolution Authorizing Issuance of a Lawful Gambling License (Pull -Tabs) to the Duoos Bros American Legion Post 630 to Operate at the Duoos Bros American Legion Post 630 at 6110 Brooklyn Blvd i CITY COUNCIL AGENDA -2- April 14, 2003 • d. Resolution Authorizing Issuance of a Lawful Gambling License (Pull -Tabs) to the Brooklyn Center Fire Department Relief Association to Operate at Ref's Sports Bar & Grill e. Resolution Approving Final Plat, Earle Brown School ISD 286 f. Proclamation Declaring April 15, 2003, Equal Pay Day g. Resolution Selecting the No Waiver Option for City Statutory Tort Liability h. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Eleventh Consecutive Year; and Proclamation Declaring April 25, 2003, Arbor Day and May 2003 Arbor Month in Brooklyn Center i. Staff Report Re: Earth Day and the Great Shingle Creek Watershed Cleanup - Proclamation Declaring April 22, 2003, as Earth Day in Brooklyn Center - Proclamation Declaring April 19 Through 26, 2003, to be The Great Shingle Creek Watershed Cleanup Week j. Resolution Authorizing the Use of Municipal State Aid Funds to Pay for the City's Portion of Reconstruction Costs for the Traffic Signal Located at Brooklyn Boulevard (CSAH 152) and 63rd Avenue North, SAP 4109 - 101 -04 8. Appearances a. John Connolly, Executive Director, Minneapolis Metro North Convention and Visitors Bureau - Annual Update b. Ginny Black, Council Member, City of Plymouth - Reporting on the Great Shingle Creek Watershed Cleanup 9. Public Hearing a. An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs -This item was introduced on March 24, 2003, published in the City's official newspaper on April 3, 2003, and is offered this evening for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- April 14, 2003 10. Council Consideration Items a Proclamation Declaring May 3, 2003, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center -Requested Council Action: - Motion to adopt proclamation. b. Resolution Amending 2003 Pay Plan and Creation of Position of Police Lieutenant -Requested Council Action: - Motion to adopt resolution. C. An Ordinance Repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding the Disposition of Abandoned and Unclaimed Property -Requested Council Action: - Council direction. d. Civil Legal Services -Requested Council Action: • - Approve request for proposals. e. Resolution Opposing the Concept of Allowing Further Proliferation of Liquor Sales From Dispensaries Other Than Duly Authorized Off -Sale Liquor Stores -Requested Council Action: - Motion to adopt resolution and send copies to the City's Legislators. f. Report on Riverbank Protection Project, Improvement Project No. 1999 -11 -Requested Council Action: -None, report only. g. Resolution Approving Environmental Response Fund Grant Agreement Between the City of Brooklyn Center and Hennepin County Department of Environmental Services -Requested Council Action: - Motion to adopt resolution. h. Resolution Approving Agreement Between City of Brooklyn Center and Twin Lakes Business Park LLC Regarding Pass Through of Hennepin County Grant Funds -Requested Council Action: - Motion to adopt resolution. 0 i. Resolution Approving Allocation of 2003 Final Community Development Block Grant Adjustment -Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA 4- April 14, 2003 j. An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center - Requested Council Action: - Council to discuss and provide direction. k. Resolution Authorizing Retirement Incentive Program in Response to Pending Cuts in Local Government Aid - Requested Council Action: - Motion to adopt resolution. 11. Adjournment • • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 24, 2003 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM 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 and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffinan, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. • CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Kragness requested that Consent Agenda Item 7k, Resolution Approving Contract Addendum for Driveway and Sidewalk Repair and Replacement, Improvement Project Nos. 2000 -01, 02, and 03 and 2000 -19, Contract 2000 -13, Garden City Central Street, Storm Drainage, Utility Improvements and Alley Reconstruction, be removed from Consent to Council Consideration as item 90 for clarification. Councilmember Lasman questioned the safety regarding Consent Agenda Item 7f, Authorization for Replacement of Underground Storage Tanks at Centerbrook Golf Course, and how often the tanks would be inspected. City Manager Michael McCauley informed that the tanks are above ground and that he believes the tanks would be inspected regularly during the golf season. Councilmember Lasman questioned if the City had hail damage insurance with regards to Consent Agenda Item 7h, Resolution Authorizing the City of Brooklyn Center to Enter Into an Agreement with Inspec, Inc. to Provide Engineering Services for the Partial Re- Roofing of the Hippodrome of the Earle Brown Heritage Center. Mr. McCauley informed that the City does not have specific insurance for hail damage; however, does have insurance covering damage from weather related events. Councilmember Lasman informed that she believes moving forward with Council Consideration Item 9d, An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center • and Adopting a New Ordinance Regarding Taxicabs, was a good move. 03/24/03 -1- DRAFT I Councilmember Peppe questioned how Council Consideration Item 9k, Health Insurance for Elected • Officials, came about. Mr. McCauley informed that he had attended several meetings where the issue of offering health insurance to elected officials was a topic raised by other cities to LOGIS and that he wanted to seek the Councils direction on this issue. Councilmember Peppe informed that he was not interested. UPDATE ON SUMMERCHASE: BILL CLELLAND Prosecuting Attorney Bill Clelland discussed that he had prepared materials regarding an update on the progress at Summerchase Apartments. He outlined the materials and informed that he believes the new management has made a difference. He informed that they have requested an extension of time to come into compliance and that he is recommending the extension based on the level of achievement and the decline in criminal activities. Councilmember Lasman questioned how and who would be keeping on top of new issues that arise at Summerchase Apartments. Mr. Clelland informed that he intends to keep in touch and that he can and will maintain their focus on the premises. Councilmember Peppe questioned if an extension to May 1, 2003, would be adequate. Mr. Clelland informed that they indicated four weeks might not even be needed; however, that it was what they had requested. Councilmember Carmody questioned if there was any action required by the Council. Mr. McCauley • recommended taking o action at this agreement or to time either to explore the deadline in the a g P g extend the deadline to allow Mr. Clelland to continue his efforts and that Mr. Clelland report back to the Council to update them on the progress. GEOLOGICAL MARKER AT PALMER LAKE Mr. McCauley discussed that he had received information from Community Activities, Recreation and Services Director Jim Glasoe regarding a geological marker at Palmer Lake. He informed that he was recommending no action on this matter given the work needed to respond to the City's potential funding losses. Mayor Kragness questioned the costs involved and if this was something the Historical Society could pursue. Mr. McCauley informed that he did not know what the costs would involve other than City staff and maintenance of the marker. MISCELLANEOUS Mayor Kragness informed that she had received a letter from the Riverwood Neighborhood Association requesting help with getting a "prepare to stop when red lights are flashing" sign on northbound 252 when coming off of I -94. Council discussed and it was the consensus of the Council to have this letter directed to the Minnesota Department of Transportation to see if this request would . meet any design requirements. 03/24/03 -2- DRAFT • Councilmember Lasman suggested that a resolution reinstating the City's opposition for liquor and wine in grocery stores be prepared and placed on a City Council Agenda. Mayor Kragness suggested updating the previously adopted resolution. Councilmember Lasman noted that the letter mailed to residents regarding the Riverbank Stabilization project had an incorrect address for the Fire Station. Councilmember Lasman questioned why social services funding is the only item at this time the Council is being asked for direction with regards to the possible budget cuts. Mr. McCauley informed that the reason the social services funding was on the agenda at this time for direction was because of the Council's policy to review social services during this time of the year so that Council could give direction well in advance of the normal budget process on social service issues if it so desired. He informed that if the Council was not comfortable with discussing social services funding they could wait until further budget discussions and that the only reason this item was on the agenda was to give the Council a heads up on their options for these services. ADJOURNMENT A motion by Councilmember Lasman, seconded b Councilmember Carmody to adjourn the Stud Y Y J Y Session at 6:45 p.m. Motion passed unanimously. • City Clerk Mayor • 03/24/03 -3- 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 REGULAR SESSION MARCH 24, 2003 CITY HALL - COUNCIL 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 and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Community Development Director Brad Hoffman, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to inquire if the City would be • able to do anything about the trains blowing whistles in the middle of the night. He believes the residents were told if a median were put in as part of the France Avenue relocation the trains would not need to blow whistles. Director of Public Works /City Engineer Todd Blomstrom will research this request and get back to Mr. Oman. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the informal open forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Shelly Kregness offered the invocation. 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. 03/24/03 -1- DRAFT • • 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Bob Peppe. Councilmember Diane Niesen was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /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 a Town Meeting on March 11, 2003, a meeting sponsored by Peacemakers on March 12, 2003, a Brooklyn Center Historical Society Brown Bag Luncheon on March 15, 2003, a Crime Prevention meeting on March 19, 2003, a transit meeting on March 21, 2003, and the Heritage Festival on March 23, 2003. She informed that Patty Wetterling would be speaking in Maple Grove on April 7, 2003, and in Brooklyn Center on April 14, 2003. Mayor Kragness reported that she attended the Park and Recreation Commission meeting on March 18, 2003, a transportation/financing meeting regarding a transit hub request on March 19, 2003, a • Brooklyn Community Business meeting on March 20, 2003, the Heritage Festival on March 23, 2003, and a meeting today with Sheriffs at the Brooklyn Center Police Department. She informed that the Heritage Festival was a wonderful event and encouraged citizens to attend next year. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the removal of Consent Agenda Item 7k, Resolution Approving Contract Addendum for Driveway and Sidewalk Repair and Replacement, Improvement Project Nos. 2000 -01, 02, and 03 and 2000 -19, Contract 2000 -B, Garden City Central Street, Storm Drainage, Utility Improvements and Alley Reconstruction, to Council Consideration as item 9o. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the minutes of March 10, 2003, study and regular sessions and the March 17, 2003, work session with Commission Chairs. Motion passed unanimously. • 03/24/03 -2- DRAFT I 7b. LICENSES • A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Corp. 13821 Industrial Park Boulevard, Plymouth Air Mechanical Inc. 16411 Aberdeen Street NE, Ham Lake Associated Mechanical 1257 Marshall Road, Shakopee Assured Heating A/C 514 Jefferson Highway, Champlin Auto Garage Door and Fireplace 9210 Wyoming Avenue North, Brooklyn Park Centerpoint Energy MGCO 13562 Central Avenue NE, Anoka Centraire Htg and A/ 7402 Washington Avenue South, Eden Prairie Complete Mechanical Inc. 1303 1 St Street NE, Buffalo Cronstrom's Heating and A/C 6437 Goodrich Avenue, St Louis Park Dependable Indoor Air 2619 Coon Rapids Boulevard NW, Coon Rapids Ditter, Inc. 820 Tower Drive, Medina Excel Air Systems 2075 Prosperity Road, Maplewood Facilitech 7807 Creekridge Circle, Minneapolis Flare Heating 9303 Plymouth Avenue North, Golden Valley Fore Mechanical 3520 88 Ave NE, Blaine Genz -Ryan Plumbing/Heating 14745 S Robert Trail, Rosemount Golden Valley Heating 5182 West Broadway, Crystal Guyer's Builder's Express 13405 15 Avenue North, Plymouth Harris Companies 909 Montreal Circle, St. Paul , Heating and Cooling Two Inc. 18550 Country Road 81, Maple Grove Home Energy System 15200 25 Avenue North, Plymouth Knight Heating and A/C 13535 89 Street NE, Otsego M & D Plumbing and Heating Inc. 11050 26 Street NE, St. Michael McDowall Company P.O. Box 1244, St. Cloud Metropolitan Mech. Contractors 7340 Washington Avenue South, Eden Prairie Modern Heating and A/C 2318 First Street NE, Minneapolis P & D Mechanical Contractors 4629 41S Avenue North, Robbinsdale Pearson Mechanical Service 5630 Memorial Avenue North, Stillwater Pierce Refrigeration 19202 nd Avenue South, Anoka Residential Heating and AC 1815 East 41 Street, Minneapolis Riccar Heating and A/C 2387 Station Parkway NW, Andover Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Rouse Mechanical 7320 Oxford Street, St. Louis Park Royalton Heating and A/C 4120 85 Avenue North, Brooklyn Park Schadegg Mechanical Inc. 225 Bridgeport Drive, So St Paul Sedgwick Heating and A/C 8910 Wentworth Avenue South, Minneapolis Sharp Heating and A/C 7221 University Avenue NE, Fridley Standard Heating and A/C 410 West Lake Street, Minneapolis . 03/24/03 -3- DRAFT • MECHANICAL - Continued Superior Contractors 612142 d Avenue North, Crystal Superior Heating A/C and Electric 21322 nd Avenue North, Anoka Total Air Supply Inc. 541 N Wheeler Street, St Paul Total Comfort 12800 Highway 55, Plymouth UHL Company Inc. 9065 Zachary Lane North, Maple Grove Wenzel Heating and A/C 4131 Old Sibley Memorial Highway, Eagan Yale Mechanical Inc. 9649 Girard Avenue South, Minneapolis RENTAL Renewal: 1100 69 Avenue North Evangelical Luth Church of the Master 6109 -11 -13 Beard Ave James and Bobbie Simons Initial: 2101 54 Avenue North Tim Vang 5550 Girard Avenue North Restart, Inc. 4200 Lakebreeze Avenue North Michael Lattery 5521 France Avenue Lang Wong SIGNHANGER Advanced Awning Design 1600 29 Street, Cloquet Amtech Lighting Services 6077 Lake Elmo Avenue North, Stillwater • Boodoo Signs 29021 Feldspar Street NW, Princeton Crosstown Sign 16307 Aberdeen Street NE, Ham Lake Fish and LaBeau Signs Inc 3320 Winpark Drive, Crystal Install This Awning and Sign 5345 4 th Street, Brooklyn Center Signart Company 2170 Dodd Road, Mendota Heights TAXICAB Aleck Hinchey - Pioneer Taxi 2959 145 Street Northwest, Monticello 7c. RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO COMMUNICATIONS SYSTEM SUBSCRIBER AGREEMENT WITH HENNEPIN COUNTY RESOLUTION NO. 2003 -48 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO ENTER INTO COMMUNICATIONS SYSTEM SUBSCRIBER AGREEMENT WITH HENNEPIN COUNTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 03/24/03 - 4- DRAFT 7d. APPROVAL OF SUMMARY FROM CITY COUNCIL RETREAT • CONDUCTED ON MARCH 3, 2003 I A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the summary from the City Council Retreat conducted on March 3, 2003. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE(S) AT THE DUOOS BROS AMERICAN LEGION POST 630 RESOLUTION NO. 2003-49 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE(S) AT THE DUOOS BROS AMERICAN LEGION POST 630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. AUTHORIZATION FOR REPLACEMENT OF UNDERGROUND STORAGE • TANKS AT CENTERBROOK GOLF A motion by Councilmember Carmody, seconded by Councilmember Lasman to authorize replacement of underground storage tanks at Centerbrook Golf. Motion passed unanimously. 7g. APPROVAL OF VARIOUS SITE PERFORMANCE GUARANTEE RELEASES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the various site performance guarantee releases. Motion passed unanimously. 7h. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH INSPEC, INC. TO PROVIDE ENGINEERING SERVICES FOR THE PARTIAL RE- ROOFING OF THE HIPPODROME OF THE EARLE BROWN HERITAGE CENTER RESOLUTION NO. 2003-50 Councilmember Carmody introduced the following resolution and moved its adoption: 03/24/03 -5- DRAFT O i • RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH INSPEC, INC. TO PROVIDE ENGINEERING SERVICES FOR THE PARTIAL RE- ROOFING OF THE HIPPODROME OF THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7i. PROCLAMATION DECLARING MAY 1, 2003, AS SPACE DAY A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring May 1, 2003, as Space Day. Motion passed unanimously. 7j. PROCLAMATION DECLARING MAY 18 THROUGH 24, 2003, AS SAVE A LIFE WEEK A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring May 18 through 24, 2003, as Save a Life Week. Motion passed unanimously. 7k. RESOLUTION APPROVING CONTRACT ADDENDUM FOR DRIVEWAY AND SIDEWALK REPAIR AND REPLACEMENT, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03 AND 2000 -19, CONTRACT 2000 -11, • GARDEN CITY CENTRAL STREET, STORM DRAINAGE, UTILITY IMPROVEMENTS AND ALLEY RECONSTRUCTION This item was removed from the Consent Agenda and placed on Council Consideration as item 9o. 8. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL A. NORTHWEST REGIONAL HUMAN RIGHTS COALITION ART CONTEST WINNERS B. PRESENTATION FROM KATHLEEN ROACH, EXECUTIVE DIRECTOR Valerie Jones, Northwest Hennepin Human Services Council, addressed the Council to discuss the Fourth Annual Northwest Regional Human Rights Coalition Art Contest. The Northwest Regional Human Rights Coalition is a collaboration of area cities and local human rights commissions that united to work on human rights issues on a regional level. The art contest was designed to be a way to introduce 6' 7 and 8'� grade students to universal human rights issues by using artistic expression. This year roughly 125 students from this region, representing 9 different junior high schools, submitted art for the contest. A panel of judges made decisions about each piece of art by considering the student's use of media, the emotional impact or response of the art, the interpretation of the theme, and the layout or creativity of the piece. • 03/24/03 -6- DRAFT The panel of judges arrived at a collection of 22 winning entries and eight of the honorable • mentioned are students who live in Brooklyn Center or attend schools in Brooklyn Center. First Place Steven Picking 8'' Grade Sandburg Middle School Crystal Resident Second Place Monica Berbig 8`" Grade Plymouth Middle School Plymouth Resident Third Place (tie) Hannah Schendel 7 Grade St. Alphonsus Catholic School Brooklyn Center Resident Anna Matchey 6 Grade St. Alphonsus Catholic School Brooklyn Park Resident Honorable Mention Winners Rachelle Nielsen 7` Grade Sacred Heart Catholic School Crystal Resident Monica Sykora 8 Grade St. Alphonsus Catholic School Brooklyn Park Resident • Becky Jones 7 Grade St. Raphael Catholic School New Hope Resident Jenna Schluessel 8` Grade Plymouth Middle School Plymouth Resident Samantha Hiller 7 Grade St. Raphael Catholic School Plymouth Resident Lisa Turner 8 Grade Plymouth Middle School New Hope Resident Amanda Jeffy 8'�' Grade Sandburg Middle School Crystal Resident Megan Hynes 7"' Grade St. Raphael Catholic School Maple Grove Resident Nikki Busch 7 Grade St. Alphonsus Catholic School Brooklyn Center Resident Kyla Tripp 8 Grade Maple Grove Junior High Maple Grove Resident Sarah Svegal 7 ffi Grade St. Alphonsus Catholic School Brooklyn Center Resident Kylene Amsler 7 ffi Grade St. Alphonsus Catholic School Brooklyn Park Resident 03/24/03 -7- DRAFT • • Kelsey Rose 7` Grade St. Alphonsus Catholic School Brooklyn Park Resident Jill Collins 6'' Grade St. Alphonsus Catholic School Brooklyn Park Resident Honorable Mention, School Winners Renee McMillan 8 Grade Buffalo Community Middle School Greenfield Resident Jared Guptill 7 Grade Maple Grove Junior High Maple Grove Resident Philip Janisch 6` Grade King of Grace Lutheran School Plymouth Resident Liz Scherbing 6 ffi Grade Basswood Elementary School Maple Grove Resident Kathleen Roach, Northwest Hennepin Human Services Council Executive Director, addressed the Council and presented materials that outlined their mission, funding, and the services they provide to the City of Brooklyn Center. She informed that she believes it is important to see that they do need the support of cities and that their services do benefit the residents of Brooklyn Center. Ms. Jones addressed the Council and discussed the programs that she is working with and informed that she believes working with immigrants has been a good success. • Kathleen Ganter, Advisory Commission Member, addressed the Council to discuss her role and inform that they are trying to strategize how to address housing and transportation. She asked that the Council help support to keep this agency. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF LAURI WINTERS Councilmember Lasman read the resolution expressing recognition and appreciation of Lauri Winters while Mayor Kragness presented Ms. Winters the resolution. RESOLUTION NO. 2003-51 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF LAURI WINTERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 03/24/03 -8- DRAFT 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE • BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS PARADE AND ENTERTAINMENT IN THE PARKS ACTIVITIES Mayor Kragness read the resolution expressing appreciation for the gifts of $5,000 to support the Earle Brown Days Parade and the $1,000 to support the Entertainment in the Parks Program. Councilmember Carmody wished to express how much the Brooklyn Center Lions are appreciated for all the support and funding they provide for events in the City of Brooklyn Center. RESOLUTION NO. 2003-52 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS PARADE AND ENTERTAINMENT IN THE PARKS ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. PROCLAMATION DECLARING APRIL 6 THROUGH 12, 2003, TO BE • COMMUNITY DEVELOPMENT WEEK Mayor Kragness read the Proclamation Declaring April 6 Through 12, 2003, to be Community Development Week. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring April 6 through 12, 2003, to be Community Development Week. Motion passed unanimously. 9d. AN ORDINANCE REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS City Manager Michael McCauley discussed in response to the Council's direction staff had prepared an ordinance that would discontinue the taxicab licensing business from Brooklyn Center and create a new ordinance that would require taxicabs to be licensed by the Metropolitan Airports Commission (MAC). A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on April 14, 2003. Motion passed unanimously. 03/24/03 -9- DRAFT • • 9e. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY Mr. McCauley discussed that this issue was tabled at the March 10, 2003, meeting and is suggested to be tabled to the April 14, 2003, meeting, for further review. A motion by Councilmember Peppe, seconded by Councilmember Lasman to table this issue to April 14, 2003. Motion passed unanimously. 9f. RESOLUTION AMENDING 2003 PAY PLAN FOR POSITIONS OF POLICE CHIEF AND POLICE CAPTAIN Mr. McCauley discussed that this resolution would authorize a three percent increase to the salary ranges for the positions of Police Chief and Police Captain. The Teamsters Union has withdrawn as the exclusive representative and these two positions are no longer unionized positions. RESOLUTION NO. 2003 -53 Councilmember Lasman introduced the following resolution and moved its adoption: • RESOLUTION AMENDING 2003 PAY PLAN FOR POSITIONS OF POLICE CHIEF AND POLICE CAPTAIN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9g. RESOLUTION AMENDING SECTION 12.3 OF THE CITY'S PERSONNEL RULES AND REGULATIONS Mr. McCauley discussed that the City Attorney had prepared an amendment to the City's Personnel Rules and Regulations that would allow for reimbursement up to $500 in out -of- pocket expenses related to the use of a personal vehicle by a City employee on City business. Mayor Kragness questioned if the City employees are reimbursed for mileage when using their personal vehicle for City business. Mr. McCauley responded that employees are reimbursed and that this proposed policy would support continued ability to have employees use their own vehicles for work related purposes to the City's advantage over having to supply a City vehicle for such uses. RESOLUTION NO. 2003-54 Councilmember Lasman introduced the following resolution and moved its adoption: 03/24/03 -10- DRAFT I RESOLUTION AMENDING SECTION 12.3 OF THE CITY'S PERSONNEL RULES AND REGULATIONS • i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9h. SOCIAL SERVICES FUNDING Mr. McCauley discussed that under the City Council Policy the Council is to review social services funding in even years. Services dependent on City funding, but not joint powers agreements, are reviewed in odd years. Given the budget situation staff had prepared materials for all social services funding for review by the Council. Mr. McCauley informed that he wanted the Council to have this information for review and that this item was to make the Council aware of their options for cancellation purposes if so desired. At this point the budget process is premature and there are no recommendations suggested. Councilmember Carmody questioned since she was not on the Council last year how the budget process for social services funding was done. Mr. McCauley informed that the Council had started making decisions before August 1, 2002. No action was taken on this item. 9i. RESOLUTION AUTHORIZING INTERFUND LOAN AND REPAYMENT OF O INTERFUND LOAN FROM SPECIAL ASSESSMENTS AS PAID Mr. McCauley discussed that this resolution would authorize the City paying the 2003 neighborhood project from pre -paid special assessments and from an interfund loan from the Capital Reserve Fund to the Infrastructure Construction Fund. Council discussed the process and the bonding procedures. RESOLUTION NO. 2003-55 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING INTERFUND LOAN AND REPAYMENT OF INTERFUND LOAN FROM SPECIAL ASSESSMENTS AS PAID The motion for the adoption of the foregoing resolution was duly seconded by Councilmember . Carmody. Motion passed unanimous) Y p Y 03/24/03 • 3 -11- DRAFT 9j. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2003-01,02,03, AND 04, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Director of Public Works /City Engineer Todd Blomstrom outlined the plans and specifications for Improvement Project Nos. 2003 -01, 02, 03, and 04, Happy Hollow area street, storm drainage, and utility improvements. He informed that the documents he was presenting were available in the Engineering Department. Councilmember Carmody questioned the parking on Lilac Drive. Mr. Blomstrom informed that it would be difficult for parking on both sides on Lilac Drive with the proposed improvements. RESOLUTION NO. 2003-56 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2003 -01, 02, 03, AND 04, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9k. HEALTH INSURANCE FOR ELECTED OFFICIALS Mayor Kragness discussed that the Council had discussed this issue at the Study Session and the Council's consensus was not to participate in health insurance for elected officials. 91. REPLACEMENT OF PUBLIC SAFETY SOFTWARE Mr. McCauley discussed that the City had received a billing of $253,938 from LOGIS for the new public safety software and that the Council was being asked to approve the entire payment in 2003 using Capital Proj ect Fund monies to avoid interest charges. The Council had authorized the transfer of monies budgeted in 2002 toward this project to the Capital Project Fund. The 2003 budget contains $84,656 for the new system and staff would have budgeted a similar amount in 2004. Councilmember Peppe questioned if this software reflects the dispatch conversations. Mr. McCauley informed that the Council has already committed to this software. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the entire amount of $253,938 in 2003 with use of Capital Project Fund monies. Motion passed unanimously. I 03/24/03 -12- DRAFT 9m. REPORT ON GOVERNOR'S PROPOSAL FOR LOCAL GOVERNMENT AID (LGA) CUTS Mr. McCauley summarized a PowerPoint presentation on the Governor's proposal that would cut Brooklyn Center's budget $1,170,299 in 2003 and $2,223,569 in 2004. He discussed that the City is attempting to balance preparation with service demands by deferring or delaying purchases where prudent and deferring decisions on summer hiring. Staff is trying to identify what the City does by service and by cost implications. The City Council will be meeting with the Financial Commission in May to discuss prioritization of services and consider revenue alternatives. He encouraged citizens to contact their Legislative Representatives and express the impact the Governor's proposal will have on Brooklyn Center. Councilmember Carmody asked for clarification regarding the General Fund expenditures for Parks and Recreation. Mr. McCauley discussed that the parks maintenance had been included in that percentage. 9n. REPORT FROM CITY ATTORNEY ON HOUSING BONDS AND POLICIES City Attorney Charlie LeFevere presented a draft Housing Bond Policy and summarized the contents. He informed that the draft is tough, restrictive, and has risks that would need to be considered. He questioned if this would be the direction the Council wishes to move forward with. Councilmember Peppe commented that he certainly thinks that the City needs to provide a strong platform and that this would be going in the right direction. Mayor Kragness agrees that this draft is restrictive however she likes it. Mr. McCauley questioned if the Council would like to adopt a policy similar to this draft so that there are some standards in place and if the Council did desire to do so, if something could be prepared for the April 14, 2003, City Council meeting. He informed that if the Council were to adopt a policy it could always be modified. Mr. LeFevere informed that he would be on vacation at the next meeting and would suggest April 28, 2003. Councilmember Peppe questioned if the Housing Commission had seen this draft policy. Councilmember Carmody discussed that the Housing Commission had not seen the draft policy and that they are fully occupied with the provisional rental license at this time. She stated that she would bring this draft policy to the Housing Commission, recognizing that it would be fore informational purposes only. Councilmember Lasman questioned if any of the language included was taken from any other city. Mr. LeFevere informed that he had not taken language from other cities for this draft policy. 03/24/03 -13- DRAFT • A motion by Councilmember Peppe, seconded by Councilmember Lasman to direct staff to work with Mr. LeFevere and prepare a policy for the April 28, 2003, City Council agenda; and to have Councilmember Carmody provide the Housing Commission a copy of this draft policy. Motion passed unanimously. 90. RESOLUTION APPROVING CONTRACT ADDENDUM FOR DRIVEWAY AND SIDEWALK REPAIR AND REPLACEMENT, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03 AND 2000 -19, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, UTILITY IMPROVEMENTS AND ALLEY RECONSTRUCTION Mayor Kragness had requested that this item be removed from the Consent Agenda for clarification. Mr. Blomstrom discussed that the City had requested the general contractor to correct problem areas within this improvement project area and that the contractor and City have mutually agreed upon a schedule and method of repair and replacement as stated in the Contract Addendum. All repairs are to be completed by July 31, 2003. Mayor Kragness questioned if the process being used will be effective since they had tried replacing the problem areas last fall and if the City will have to pay for these replacements. Mr. Blomstrom informed that the contractor has claimed these replacements will be successful and that the replacement work would fall under the contactor. • RESOLUTION NO. 2003-57 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT ADDENDUM FOR DRIVEWAY AND SIDEWALK REPAIR AND REPLACEMENT, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03 AND 2000 -19, CONTRACT 2000 -13, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, UTILITY IMPROVEMENTS AND ALLEY RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 8:55 p.m. Motion passed unanimously. • City Clerk Mayor 03/24/03 -14- 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 JOINT SESSION WITH HOUSING COMMISSION APRIL 2, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a joint session with the Housing Commission 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 and unexcused. Also present: Assistant City Manager Curt Boganey, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, Police Chief Scott Bechthold, Administrative Sergeant Kevin Benner, and Deputy City Clerk Maria Rosenbaum. Housing Commission Members present: Ernie Erickson, Lloyd Deuel, Mary Barrus, Judy Thorbus, Mark Yelich, and David Johnson. Prosecuting Attorney Bill Clelland arrived at 6:05 p.m. Commissioner Stan Leino arrived at 7:00 p.m. and Commissioner Kris Lawerence - Anderson arrived at 7:05 p.m. PROPOSED AMENDMENTS TO CHAPTER 12: RENTAL LICENSE Commission Chair Yelich discussed that the Housing Commission had been working on an ordinance amendment regarding rental licensing for approximately a year and a half. The Housing Commission reviewed similar ordinances adopted by other cities and have incorporated the best ideas for the City of Brooklyn Center's ordinance. He informed that the Council is being asked for direction on the proposed amendments to Chapter 12. Community Development Director Brad Hoffman informed that he had created five major policy questions for the Council to consider. The Council and Housing Commission Members discussed: 1. Should the City of Brooklyn Center establish a "Provisional" rental license for rental properties that: 04/02/03 -1- DRAFT • • a. Fail to meet minimum life, health, and safety requirements of Chapter 12? (Answer was no.) b. Generate excessive calls per apartment unit for police and fire service? (Answer was yes.) During this discussion Prosecuting Attorney Bill Clelland advised that he was not in favor of a provisional rental license and would prefer that the landlords know there is a deadline. Commissioner Mary Barrus informed that tenant behavior was the main focus when looking at this ordinance. The ordinance currently has nothing in it that assists the Police Department with calls for service. Police Chief Scott Bechthold and Administrative Sergeant Kevin Benner discussed the calls for service generally received and informed that the proposed ordinance amendment would help in assisting the Police Department. Mayor Kragness questioned if the ordinance should .include something that indicates Apartment Managers need to attend Association of Rental Management (ARM) meetings. Mr. Bechthold discussed maybe that could be an administrative action that if they are not in compliance they need to attend the ARM meetings. Councilmember Peppe questioned if a fee could be created for those who are causing problems. Mr. Clelland discussed the possibility of considering a fee with the inspection or re- inspection process. • He indicated that he would be willing to discuss this issue with City Attorney Charlie LeFevere. Mr. Hoffman informed that the Council sets fees by resolution and suggested exploring a charge for calls as a different type of fee. Commission Chair Yelich recommended a no retaliation clause be incorporated like the City of New Brighton's ordinance. Assistant City Manager Curt Boganey questioned if the Council was in consensus for a provisional license for excessive police and fire calls, if fees should be set at a rate to reimburse the City for the cost of helping with the management of apartments, and getting a response from the City Attorneys for codified language to the ordinance. Councilmember Carmody indicated that she would like to see costs to help reimburse the City and that the amount is not important. Councilmember Peppe indicated that he would like to see some type of provisional license fee charged for services and questioned the average of calls. Mr. Hoffinan indicated that would bring the Council to the next question. 2. How many calls for police and/or fire service should be considered excessive on an annual basis? • 04/02/03 - -2 DRAFT a. One call per apartment unit • b. Less than one call per apartment unit (Answer was .4 1.) During this discussion Mr. Hoffman distributed and discussed a chart for calls of service in 2002 and the breakdown of calls per units during a two -month period. He informed that the average for calls is .37 and suggested the Council consider .41 as an amount for excessive calls. Councilmember Peppe informed that he believes that would be a good starting point. Commissioner Leino arrived at 7:00 p.m. It was the consensus of the Council to set .41 as the calls to be considered excessive on an annual basis. 3. What size apartment complex should be required to comply with this ordinance? a. Four -plex and larger b. Ten apartment units or more c. Other (Answer was five and above.) Commissioner Kris Lawrence - Anderson arrived at 7:05. Mayor Kragness questioned Mr. Benner about ten or more units. Mr. Benner responded that ten or • more would be reasonable. Councilmember Carmody expressed that she would like to keep it at four. Councilmember Lasman questioned if they still pay before the provisional rental license would kick in. Mr. Hoffman distributed and discussed Section 12 -911 and Community Development Specialist Tom Bublitz informed that the provisional rental license deals with the overall complex. It was the consensus of the Council that five and above would need to comply with this ordinance. 4. Should a regular rental license term be for one year or two years? (Answer was two years.) Councilmember Carmody informed that since the Police Department can generate monthly reports, two years is fine with her. Commissioner Barrus suggested two -year licenses with the properties looked at once a year. 04/02 - - • /03 3 DRAFT • Mayor Kragness questioned if the Council would need to make a provisional license decision during the two -year term of a regular license if calls exceed the provisional license threshold. Mr. Boganey informed that the language as written does not clearly specify. Mr. Clelland informed that the ordinance could be amended to include such language. It was the consensus of the Council that the regular rental license term should be for two years. 5. Should the City of Brooklyn Center require apartment owners to conduct criminal background checks on prospective tenants? (Answer was yes.) Councilmember Lasman informed that she believes it is important for criminal background checks and questioned financial background checks. Mr. Clelland suggested that the Council limit the background checks to only criminal since financial background checks are a burden and hard to receive. It was the consensus of the Council to require apartment owners to conduct criminal background checks on prospective tenants. Councilmember Carmody questioned if the changes to be incorporated into the ordinance could be made and when the City Council would have this item on an agenda. Mr. Hoffman informed that he believes that the changes could be incorporated and that the item could be on an agenda relatively • soon. Council directed staff to prepare a revised draft for review and action by the Council. Mr. Bechthold and Mr. Benner left the meeting at 7:47 p.m. GRAVEL DRIVEWAYS Councilmember Carmody informed that the Housing Commission started reviewing Chapters 19 and 25 of the City Ordinances after reoccurring compliance problems at a property on Brooklyn Boulevard. The proposed amendments request for driveways for single family and two family residential dwellings to be hard surfaced such as concrete, asphalt, brick, or similar hard surfaces in accordance with the Engineering Department specifications; and to limit no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles. The Housing Commission is requesting direction from the Council as to the proposed amendments suggested to both ordinances. Council discussed and reviewed pictures that Councilmember Carmody presented. Commissioner Leino discussed the City of Fridley's practice allowing residents to come in compliance with their ordinance within a three year time period. • 04/02/03 -4- DRAFT Mr. Hoffman raised the issue of what would happen if an owner were not to comply within the three • year time period. It was proposed that owners be required to comply if and when the property was sold or transferred to new ownership. Mr. Boganey informed that staff would have to research this issue and also look at the pros /cons for adequate notification to the buyers and sellers of properties before making a decision on this issue. Mayor Kragness expressed that was a fair approach.. RECREATIONAL VEHICLE STORAGE After further discussion regarding the proposed amendment to Chapter 19 regarding the no more than two appropriately licensed but inoperable pioneer, classic, or collector vehicles, it was the consensus of the Council to do nothing with the amendment proposed. Councilmember Peppe requested that the ordinance continues to be reviewed and thought out to change gradually. Mayor Kragness suggested to all that they continue to contact Code Enforcement when they see issues to be consistent and have these issues measured fairly. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT • A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the work session at 8:29 p.m. City Clerk Mayor • 04/02/03 -5- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: April 9, 2003 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person 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 April 14, 2003. MECHANICAL Construction Mechanical Services 1307 Sylvan Street, St. Paul Hansen Heating Inc. 16218 Eveleth Street NE, Ham Lake Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes Maple Grove Heating & A/C 401 County Road 81, Osseo Newman Mechanical Inc. 1400 East Highway 36, Maplewood Quality Refrigeration 6237 Penn Avenue South, Richfield River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids . St. Marie Sheet Metal 7940 Spring Lake Park Road, Spring Lake Park Southtown Refrigeration 5610 West 36 h Street, St. Louis Park Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard Iten Chevrolet Company 6701 Brooklyn Boulevard Luther Brookdale Chrysler Jeep 6121 Brooklyn Boulevard RENTAL Renewal: Brookside Manor Apartments Anda Construction (174 police calls for service were made to this 90 -unit complex and the category breakdown of defined nuisance calls are as follows: Assaults (non domestics) 6 Disturbing the peace 50 Domestics disturbance 11 Vandalism 6 Drugs 4 Obstruct justice 1 Weapons violations 3 Loud party 1) ZVOVA 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 I Page 2 • Licenses April 14, 2003 Initial: 3313 63 Avenue North Yuan Xiong (Zero calls for service in 2002) 5935 Dupont Avenue North Gina Dumas (Zero calls for service in 2002) 4707 Eleanor Lane Todd Vlasaty (Zero calls for service in 2002) 5715 Emerson Avenue North Tom Svendsen (Tenant/landlord dispute - verbal only on 3/13/03) 5637 -39 Girard Avenue North Earl and Evalyn Krueth (Zero calls for service in 2002) 5530 Irving Avenue North Timothy Guy (Zero calls for service in 2002) • 7230 West River Road Nedzad Cenc (Unit No. 4 had a verbal domestic on 3/23/03) 4519 Woodbine Lane Benson Vang (Zero calls for service in 2002) SIGNHANGER Pyramid Sign Ltd 432 South Wabasha Street, St. Paul TAXICAB Kevin O' Conner Pioneer Taxi • City Council Agenda Item No. 7c • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (PULL -TABS) TO THE DUOOS BROS AMERICAN LEGION POST 630 TO OPERATE AT THE DUOOS BROS AMERICAN LEGION POST 630 AT 6110 BROOKLYN BLVD WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for the sale of pull -tabs in on -sale licensed premises within the City of Brooklyn Center; and WHEREAS, the Duoos Bros American Legion Post 630 has submitted all appropriate and necessary documentation for the license and a background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the issuance of a lawful gambling license (pull -tabs) to the Duoos Bros American Legion Post 630 to operate at the Duoos Bros American Legion Post located at 6110 Brooklyn Blvd as of May 1, 2003 is hereby approved. 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. • WILYN CEHt BROOKLYN CENTER POLICE DEPARTMENT LI POLICE MEMORANDUM TO: City Clerk Sharon Knutson FROM: Chief Scott Bechthold DATE: April 3, 2003 SUBJECT: Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Duoos Brothers American Legion Post 630 On March 18, 2003, the Brooklyn Center Police Department received an Organization and Premises Permit Application for a Minnesota Lawful Gambling License to operate a pull tab machine(s) from the Duoos Brothers American Legion Post 630 at their location of 6110 Brooklyn Blvd. • The Legion advised that the Brooklyn Center Fire Relief Association would no longer be operating a pull tab machine at their facility. I was notified by the Brooklyn Center Fire Relief Association on April 3, 2003, that they had removed the pull -tab machine from the Legion and were no longer in operation at that site. As such, the Legion is applying for their own Lawful Gambling License to conduct a pull tab operation at their facility beginning May 1, 2003. ** The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified CODV of the resolution must be returned to us. All necessary background checks have been completed by the police department. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License to operate a pull tab machine(s). I am requesting that this item be put on the council agenda for consideration. :kh • City Council Agenda Item No. 7d • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (PULL -TABS) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE AT REF'S SPORTS BAR & GRILL WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for the sale of pull -tabs in on -sale licensed premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Fire Department Relief Association has submitted all appropriate and necessary documentation for the license and a background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and • WHEREAS, the Brooklyn Center Fire Department Relief Association has held such a license within the City of Brooklyn Center and there has been no illegal activity with regards to the gambling activities at that location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the issuance of a lawful gambling license (pull -tabs) to the Brooklyn Center Fire Department Relief Association to operate at Ref's Sports Bar & Grill as of May 1, 2003, is hereby approved. Date Mayor i 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. • ��pOKtYB CEIyl� BROOKLYN CENTER P OLICE DEPARTMENT POLICE i MEMORANDUM TO: City Clerk Sharon Knutson FROM: Chief Scott Bechthold i DATE: April 3, 2003 SUBJECT: Renewal Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Brooklyn Center Fire Dept Relief Association The Brooklyn Center Fire Department Relief Association has submitted a Premises Permit Application for a Minnesota Lawful Gambling License to operate a pull -tab machine(s) at Ref's Sports Bar & Grill located at 2545 County Road 10. • On April 3, 2003, the Brooklyn Center Fire Association advised that they will no longer be operating a pull -tab machine at the Duoos Brothers American Legion Post 630 at 6110 Brooklyn Blvd and that they had removed their machine as of this date. The Legion has applied for their own Lawful Gambling License to conduct a pull -tab operation at their facility beginning May 1, 2003. As such, the Brooklyn Center Fire Relief Association would not be in violation of the Charitable Gambling ordinance Section 23- 1902 -13. ** The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified covv of the resolution must be returned to us. All necessary background checks have been completed by the police department. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. I am requesting that this item be put on the council agenda for consideration. :kh • • City Council Agenda Item No. 7e MEMORANDUM • DATE: April 7 2002 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works T SUBJECT: Resolution Approving Final Plat, Earle Brown ISD 286 On August 12, 2002 the City Council approved a site plan and preliminary plat for reconstruction of Earle Brown School and Grandview Park, subject to several conditions of the Planning Commission. One of the conditions was the vacation of Humboldt Avenue North between 59 Avenue North and 60 Avenue North. The City Council subsequently approved said vacation on November 12, 2002. ISD 286 has submitted an application for Final Plat. It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution, and per the requirements of Hennepin County. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING O ING FINAL PLAT, EARLE BROWN ISD 286 WHEREAS, The City Council on August 12, 2002 approved a Preliminary Plat for Earle Brown School, ISD 286 to combine and divide the existing Earle Brown Elementary School site, Grandview Park and a segment of vacated Humboldt Avenue right -of -way into two lots; and WHEREAS, ISD 286 has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for EARLE BROWN SCHOOL, ISD 286 is hereby approved, subject to the following conditions 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. • 4. Any further pending obligations of ISD 286 in accordance with previously approved agreements between the City of Brooklyn Center and ISD 296. 5. Conditions as previously approved by the City of Brooklyn Center City Council and Planning Commission. 6. Final legal recording and documentation by Hennepin County of vacated street right of way (Humboldt Avenue) as shown per the plat. 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. • City Council Agenda Item No. 7f PROCLAMATION DECLARING APRIL 15, 2003, EQUAL PAY DAY • WHEREAS, forty years after the passage of the Equal Pay Act and Title VII of the Civil Rights Act, women and people of color continue to suffer the consequences of inequitable pay differentials; and WHEREAS, according to statistics released in September, 2002 by the U.S. Census Bureau, year- round, full -time working women earned only 76 percent of the earnings of year- round, full -time working men, indicating little change or progress in pay equity since 1999; and WHEREAS, according to a January, 2002 report released by the General Accounting Office (the investigative arm of Congress), women managers in seven of ten industries surveyed, actually lost ground in closing the wage gap between 1995 and 2000; and WHEREAS, according to an analysis of data in over 300 classifications provided by the U.S. Department of Labor Statistics in 2001, women earn less in every occupational classification for which enough data is available, including occupations dominated by women (e.g., cashiers, retail sales, registered nurses, and teachers); and WHEREAS, higher education is not free from wage discrimination according to a U.S. Department of Education analysis, reporting that, after controlling for rank, age, credentials, field of study and other factors, full -time female faculty members earn nearly nine percent less than their male counterparts; and • WHEREAS, over a working lifetime, this wage disparity costs the average American woman and her family an estimated $250,000 in lost wages, impacting Social Security benefits and pensions; and WHEREAS, fair pay equity polices can be implemented simply and without undue costs of hardship in both the public and private sectors; and WHEREAS, fair pay strengthens the security of families today and eases future retirement costs, while enhancing the American economy; and WHEREAS, Tuesday, April 15 symbolizes the day on which the wages paid to American women catch up to the wages paid to men from the previous year. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim April 15, 2003, Equal Pay Day in Brooklyn Center and urge the citizens of Brooklyn Center to recognize the full value of women's skills and significant contributions to the labor force, and further encourages businesses to conduct an internal pay evaluation to ensure women are being paid fairly. April 14, 2003 Date Mayor • ATTEST: City Clerk City Council Agenda Item No. 7g City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers C ody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: March 20, 2003 SUBJECT: Statutory Tort Liability Limits The City must determine each year whether or not it will waive its rights to protection under the statutory tort damages limitation of $300,000. The maximum if the City waived its statutory rights for damages would be $1,000,000. If the City waived its statutory limitations it would cost the City an additional $7,070 per year. The City has not waived its statutory rights to protection under the $300,000 limitation. • • 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 Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION SELECTING THE NO WAIVER OPTION FOR CITY STATUTORY TORT LIABILITY WHEREAS, the City has an option to waive its protection under the tort liability limitation as contained in Minnesota Statute; and WHEREAS, the statutory tort limit is $300,000 per individual and an aggregate of $1,000,000 per incident; and WHEREAS, the City is required to make that declaration each year. NOW, THEREFORE, BE IT REOSLVED by the City Council of the City of Brooklyn Center that the City opts not to waive its right to limit liability under the Statute. • 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. • City Council Agenda Item No. 7h • MEMORANDUM DATE: April 9, 2003 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Eleventh Consecutive Year; And Proclamation Declaring April 25, 2003 Arbor Day and May 2003 Arbor Month in Brooklyn Center For each of the past eleven years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation. This national award recognizes communities with effective community forestry programs. The City's forestry programs include the following: • Care for and planting of park and boulevard trees; • Diseased and nuisance tree removal program; • Mandatory tree contractor registrations requiring certain minimums of liability insurance; • Boulevard tree planting permits requiring proper placement of tree and selection of tree • species; • A tree ordinance specifying proper standards of care for all trees; and • An Arbor Day and Month program which travels between elementary schools in Brooklyn Center, providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees. One of the requirements for Tree City USA cities is that they host Arbor Day or Arbor Month celebrations. The Odyssey Charter School at 6201 Noble Avenue North is excited to participate in the 2003 Arbor Month celebration at the Eugene Hagel Arboretum. Invitations will be sent to the Mayor and Council Members when the date of the celebration is confirmed. A resolution recognizing Brooklyn Center's designation as a Tree City USA and reaffirming the City's commitment to its urban forest is provided for Council consideration. A proclamation declaring Arbor Day and Arbor Month in Brooklyn Center is also included for Council consideration. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE ELEVENTH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition of 2002 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of Tree City USA for the eleventh consecutive year on behalf of the residents of Brooklyn Center. • 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. 3. The Council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. 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. • • PROCLAMATION DECLARING APRIL 25, 2003 ARBOR DAY AND MAY 2003 ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as construction damage and pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and • WHEREAS, We are in a decade that emphasizes the environment and how people can positively impact world problems like "global warming" by locally planting trees and ensuring that these trees are nurtured, ,protected, and wisely used in the years ahead;and WHEREAS, Brooklyn Center has been recognized for the eleventh year as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree - planting ways. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim April 25, 2003, Arbor Day and May 2003 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Date Mayor ATTEST: • City Clerk • City g Council Agenda Item No. 7i MEMORANDUM DATE: April 9, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Staff Report Re: Earth Day and the Great Shingle Creek Watershed Cleanup Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate Earth Day 2003 with the "Great Shingle Creek Watershed Cleanup ". Beginning Saturday, April 19th through Saturday, April 26 hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and participation requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Education and Public Outreach Program. The event not only educates persons that trash or other contaminants in the streets, parks, and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Ginny • Black, Council member of the City of Plymouth will give a brief presentation of the event at the regular session of the Council on April 14 Many of the 37 groups affiliated with the Brooklyn Center Ado t- a- Park/Trail /Street r ����' of their assig sites duri the week. Gro and individuals . �, ARTH p p ogram will concentrate on a cleanup s� g * P _r�.�� not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. The official cleanup will take place from 9:00 to 11:00 a.m. on Saturday, April 19 to commemorate Earth Day 2003. All volunteers who participate in the weeklong cleanup will receive passes for free admission to the City of Plymouth Yard & Garden Expo on Saturday, April 26, 2003. The Plymouth Creek Center and athletic dome at 14800 — 34 Avenue North in Plymouth will be filled with exhibitors, gardening ideas, as well as games and activities just for kids. Home Depot will provide a project area where kids can plant a seed in their own flowerpot or build a birdhouse to take home. The Shingle Creek Watershed Management Organization will be on hand with prize drawings and information about your watershed. The Watershed has provided the attached flyer for distribution to all elementary students in Brooklyn Center and for posting in public places. Two proclamations are included for Council consideration: • Proclamation declaring April 22, 2003, as Earth Day in Brooklyn Center • • Proclamation declaring April 19 -26, 2003 to be The Great Shingle Creek Watershed Cleanup Week. • PROCLAMATION DECLARING APRIL 22, 2003 EARTH DAY IN BROOKLYN CENTER WHEREAS, a sound natural environment is the foundation of a health society and a robust economy; and WHEREAS, local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention, and sustainable practices; and WHEREAS, Earth Day 2003 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April 22, 2003 is Earth Day in Brooklyn Center. 2. The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. • 3. The City Council hereby reaffirms its commitment and encourages residents, businesses, and institutions to use Earth Day 2003 to c elebrate t he E arth a nd t o c ommit t o b uilding a sustainable society by initiating or expanding existing programs which improve energy efficient, reduce or prevent waste, and promote recycling. Date Mayor ATTEST: City Clerk • • PROCLAMATION DECLARING APRIL 19 -26, 2003 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK WHEREAS, the City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging our storm sewers and storm drains; and WHEREAS, citizens can take an active role in protecting water resources by picking up litter and trash and keeping our streets, parks, neighborhoods, and community clean; and WHEREAS, the Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 19 — 26, 2003. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of • Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April .19 -26, 2003 to be The Great Shingle Creek Watershed Cleanup Week. 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses, and institutions to use The Great Shingle Creek Watershed Cleanup Week 2003 to help prevent water pollution and preserve our watersheds by participating in a Cleanup Event or by using this time to pick up trash and clean up our homes, businesses, streets, neighborhoods, and community. Date Mayor ATTEST: City Clerk • Celebrat k V! D a., Join the GREAT WATERSHED CLEAN=UP to keep Shingle Creek '• , ,� Working together and to the " - - - from your back y cle an + Mississippi IF you LIVE HERE YoU LIVE IN TH SHIN GLE CREEK WATERSHED. THAT April 19 - 26 MEANS THAT RA AND SNOW FROM TI YOUR YARD -- DRAINS INTO /` SHINGLE CREEK. R a FREE pa e p� mo yard to th y & Garde n Expo ( $ee back for details.) • •• • . .- . CE E LE B„. The GREAT � �, ''� �`� SHINGLE CREEK WATERSHED J EARS DAY CLEAN -UP! April 19" 2003 9 to 11 a.m. Working together to keep Shingle Creek clean. On Saturday April 19 please join hundreds of people in cleaning up the Shingle Creek Watershed. If this land is polluted, our river will be too. That's why we need your help keeping the watershed clean. What to do Simply call the City of Brooklyn Center at 763 - 569 -3327 and you will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. We will hand out free trash bags and cotton gloves. And, we'll have coffee, juice and treats to get you going. ➢ Come dressed for the weather. We'll work in light rain. ➢ Only public access areas will be cleaned. ➢ Youth under age 18 must volunteer with an adult. ➢ Adults may bring a rake to retrieve items from water's edge. What if you can't come on April 19th? If you can't make it on April 19th you can still participate anytime during Earth Week — April th to 26 19 . Call Joyce Gulseth at the City of Brooklyn Center at 763 - 569 -3327 and she will assist you in finding a place to work. If you have a small group such as a scout troop or youth organization, we'll help by providing gloves and bags. Receive a FREE pass to the Plymouth Yard & Garden Expol Saturday, April 26, 2003, the Plymouth Creek Center and athletic dome at 14800 - 34 Avenue North in Plymouth will be filled with exhibitors, gardening ideas and games and activities just for kids. Project areas will be set u for p lanting our own p lant and building a birdhouse to take J p p 9Y p 9 home. The Shingle Creek Watershed Management Organization will be on hand with prize drawings and information about your watershed. °n� , �� WATERSHED MANAGEMENT COMMISSIONS 3235 Fernbrook Lane • Plymouth, MN 55447 Telephone (763) 553 -1144 • Fax (763) 553 -9326 • w March 28, 2001 Honorable Mayors City Managers City Clerks: The Shingle Creek/West Mississippi Watershed Management Commissions, of which your city is a member, will be sponsoring an annual watershed cleanup event in April called "The Great Shingle Creek Watershed Cleanup." Last year over 500 residents in the two watersheds participated by cleaning up Shingle Creek and its tributaries, parks, lakeshore, wetlands, and other areas. To help promote this event, the Education and Public Outreach Committee (EPOC) of the Commissions asks that you consider the attached proclamation declaring April 19 -26, 2003 to be "The Great Shingle Creek Watershed Cleanup Week." Several cities have organized formal cleanup events to complement their Adopt -A- Park programs or Earth Day activities. The EPOC has prepared fliers that will be distributed to elementary school children to publicize these events, and is coordinating coverage with local papers and cable TV. Event dates and contact persons are as follows: Brooklyn Center April 19, Joyce Gulseth, 763 -569 -3327 • Brooklyn Park April 26, Annette Pajari, 763 -493 -8122 Crystal Gene Hackett, 763 -531 -0052 Minneapolis April 19, Earth Day Cleanup Hotline 612- 313 -7722 Plymouth April 19, Margie Vigoren, 763 -509 -5507 Robbinsdale Russ Fawbush, 763 -537 -4534 Aside from being a worthy event on its own, this event is an NPDES Phase II Public Outreach activity. Not all cities in the watershed have organized an event in their city, but we hope you will consider the proclamation and encourage your residents to participate in an adjoining city, or to clean up their neighborhood or a favorite park or nature area on their own. For more information contact your city watershed commissioner, cleanup coordinator, Judie Anderson at JASS, 763.553.1144, or Diane Spector at Wenck Associates, 763.479.4280. If your Council does enact such a proclamation, please send a copy to Judie Anderson at the above address. Thank you! Sincerely, Diane Spector (�- Education and Public Outreach Committee Cc: Commissioners J: \CLIENTS\S\SHINGLEC\2ndgen\ Education\ SCCleanup\ L- conveyingcleanupproclamation .doc SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK - CRYSTAL - MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH - ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CHAMPLIN • MAPLE GROVE • OSSEO Directions: Sow after danger of frost is past, 1/4 inch deep in Wildflow prepared soil. Full sun is best. Water during dry periods. E3E14TL.E Countryside Mixture NATU VA 4 00 Osseo - BROOKLYN PARK . MAPLE GROVE . . BROOKLYN CENTER N Ew HOPE PLYMOLLTN CRYSTAL ROSeINSOALE - M INNEAPOLIS Shingle Creek r k Watershed Management. �. Commission L 'f,- .._ - - - - .mss ��• ,?�3 W a4e your wateNi Gl I oom! i i wwwoshinglecreek.org D FOR 2003 ASI #39875 PACKE \ I • City Council Agenda Item No. 7j i I alyof MEMORANDUM BROOKLYN • CENTER DATE: April 9, 2003 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Traffic Control Signal Replacement, SAP #109 - 101 -04 Hennepin County Public Works Department has completed the plans and specifications for the replacement of the traffic control signal located at the intersection of 63 Avenue North and Brooklyn Boulevard (CSAH 152). The project was initiated by Hennepin County as part of the City's 2000 Street and Utility Improvement project. The original project justification was done in December 1999 and was based on a review of crash information for 1995 through 1998. The project will include reconstruction of the posts, mast arms and signal units using current standards to provide increased visibility and safety. A video detection system and emergency vehicle preemption device are included as part of the proposed improvements. • The Hennepin County cost participation policy provides for a 50150 cost sharing split between the county and city for this type of installation. The estimated cost for the City's portion of the project is $86,064. This project is eligible for funding from Municipal State Aid funds. This item should be placed on the next City Council agenda for approval to use Municipal State Aid funds to pay for the City's portion of the reconstruction costs for the project. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MUNICIPAL ATE AID FUNDS TO PAY ORIZING E USE OF MUNIC AL ST FOR THE CITY'S PORTION OF RECONSTRUCTION COSTS FOR THE TRAFFIC SIGNAL LOCATED AT BROOKLYN BOULEVARD (CSAH 152) AND 63' AVENUE NORTH, SAP #109 - 101 -04 WHEREAS, in conjunction with the City's 2000 Street and Utility Improvement Project, Hennepin County Public Works Department has completed the plans and specifications for the replacement of the traffic control signal located at the intersection of Brooklyn Boulevard and 63 Avenue North. WHEREAS, Hennepin County's cost participation policy provides for a 50150 cost sharing split between the county and the city for this type of installation. WHEREAS, the estimated cost for the City's portion of the project is $86,064 and would be paid using Municipal State Aid funds. • NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Brooklyn Center, Minnesota to authorize the use of Municipal State Aid funds to pay for the City's portion of the proj ect. 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. • City Council Agenda Item No. 8a • MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS BUREAU CITY OF BROOKLYN CENTER OUTLINE FOR PRESENTATION I. . Introductions and mission statement II. Summary of presentation III. Bureau structure • IV. Communications V. Measurable outcomes for 2002 VI. Present and future for the organization VII. Summary and conclusion VIII. Questions for John Connelly • • COMPARATIVE STATISTICS FOR 1998 2001 2002 CATEGORY 1998 1999 2000 2001 2002 Tourism Req 10163 10770 15661 15506 16023 Leads 138 167 221 248 346 • Bookings 63 75 103 130 183 Room Nights 19878 20645 18794 26152 30798 • Additional room nights booked via a special promotion in 1999 was 3,608 • Additional room nights booked via a special promotion in 2000 was 970 • Additional room nights booked via a special promotion in 2001 was 700 • Additional room nights booked via a special promotion in 2002 was 2793 Goals were achieved in all categories within the Bureau's 2002 Marketing Plan. • Minneapolis Metro N Convention & Visitors Bureau 2003 Marketin g Plan i ORGAN IZATION ., -1 j MISSION STATEMENT: The Minneapolis Metro North Convention & Visitors Bureau is a destination marketing organization whose mission is "to promote economic growth for its members as a preferred destination for events, meetings, and tourism. Funding for the Bureau's operation is derived from a 3% lodging tax assessed by hotels and motels on rented rooms. Funding cities currently include: Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, Mounds View, and Shoreview The administration of the Bureau is a Board whose members represent the cities, business, and hoteliers. The management of the Bureau is performed by a paid Executive Director. This upcoming year will be the Bureau's 17th year of operation. PROD UCT ASSESS • What We Are Selling hat Visitors Are Buying g Y g 1. Nine Twin Cities Northern Suburbs and their . Value venues, attractions, and services. . Places to stay when visiting local residents • Convenient access and location to the venues within the area • Sports and recreation venues • Free parking • Safe environment • Fun • History • Attending events in Minneapolis /St. Paul 2. 2732 Sleeping Rooms . Choice of amenities and rates 0 23% of rooms are full service . Room amenities • 57% of rooms are mid -range . Recreation on site • 20% or rooms are economy . Breakfast included • Brand name properties nationally known . Free Parking • Sleeping rooms are concentrated in • Frequent Guest Programs Brooklyn Center and in Coon Rapids . Entertainment and dining nearby 0 Lowest occupancy typically is November- . Customer Service March and around Holidays . New erties • Hi ro • hest occupancy t is June- . p p g p Y h7� Y Airport accessibility with shuttle service October 3. Restaurant, Shopping, Hotels, Attractions . Hospitality service with value • Historic attractions and area events • Recreation like golf, water parks indoor and outdoor, and trails • Twin Cities attractions and events • Unique dining experience • Entertainment • Retail: Brookdale, Northtown, Outlets, Mall of America, Riverdale, Arbor Lakes 4. Meeting facilities and hotels with meeting . Unique meeting facilities that provide space different learning environment • Dedicated exhibit space • Accessibility for their attendees • Quality food and service staffmg • State -of -the -art technology • Value for the dollar spent 5. All sports venues in the Minneapolis Metro . Quality sports /recreation venues, North area including the National Sports Center operational staff, and local support DES TI NA TI O N A SSE S S ME N T • STRENGTHS OPPORTUNITIES • Good access via highway and freeways • Form alliances to increase visibility • Free parking • Promote small meetings as important • Distinctive meeting facilities with variety • Desirable shopping, smaller attractions • Competitive rates and choices • Packaging with golf, events, and U of M • Parks, trails, and quality golf courses • Expand Bureau membership • Close to the Downtown MinneapolislStPaul • Progressive metro presence in market • First class sports venues with local contacts • Expand marketing in new publications and • New hotels and remodeled hotels in area increase direct mail • Identity as amateur sports hub for MN • Business growth in Blaine, Maple Grove, • Continuing growth in the area related to and Shoreview corporations, services, and entertainment • Growth in the last 5 years has made • Population and demographics destination more competitive • Regional promotion effort to attract visitors • Use of technology for marketing travel over • Relationship with NSC the internet • Retail- Variety of it • Partnerships in neighboring areas WEAKNESS THREATS • Lack of major attractions and distance from • Competition with larger bureaus and the major ones in area smaller ones. Bloomington in particular • Limited meeting capabilities • Loss of professional sports • • Distance from airport and transportation to • Casino events and rates and from the airport • Canadian dollar devaluation • Brand identity - who is Minneapolis Metro . Economic downturn effecting corporations North? Confusion with Minneapolis travel behavior • Traffic increase on 694 and time getting . Expansion of Minneapolis Convention around- congestion Center competing for meeting space • Rooms not connected to larger meeting . Formation of a CVB in the western Twin venues Cities • Additional properties without additional . Lower room rates that drive all segments meeting space or new attraction lower in revenue. • No public transportation SUMMARY The Minneapolis Metro North Convention & Visitors Bureau's area will continue to grow in the future. We now represent Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, Mounds View, and Shoreview. The area has attracted new properties and hotel developers that are primarily limited service. There are opportunities for expanded promotion and sales for our tourism product. In 2003, the Bureau will focus on creating new business and growing our share of the Twin Cities visitor. This means continuing our campaign to increase our visibility throughout the region by • using the spectrum of marketing activities such as: the Internet, print ads, direct mail, and shows. This follows our Board of Directors strategic objectives. The Board revisited its strategic plan in the spring of 2002, and directed staff to continue expanding is goals and activities. BUSINESS AND MARKET DEVELOPMENT i The mission of the Bureau is "to promote economic Prowth for its members as a preferred destination for events. meetinim and tourism." Resources for the Bureau will be allocated to attract those visitors identified as delivering the greatest results and benefits to all stakeholders. In some cases the marketing efforts will favor the certain market segments. Overall, the ratio of allocation is based on a 33% spread equally among Meetings /Conventions, Tourism, and Sports. The end result will always be to increase our market share and generate new business into the member cities. Our 2003 Marketing Plan focuses on these strategic priorities: STRATEGIC PRIORITIES 1. Fulfill organizational goals of growth in new business and achieving a larger market share of existing business 2. Achieve goals of lead generation, bookings, room night bookings and • distribution of visitor information • Number of leads Goal = 231 (5% increase over 2002) • Number of bookings Goal= 110 (11% increase over 2002) • Number of room nights generated Goal = 27,000 (1% increase over 2002) • Tourism fulfillment and combined Goal = 16,000 Inquiries (7% over 2002) Web related activity Goal= 35,000 Visitors tracked 3. Execute our 2003 Activity Calendar in all market segments within the budget approved by our Board of Directors 4. Creating and executing two new business opportunities, not previously served, in each market segment (meetings, events, and tourism). 5. Product Development- support and initiate new venues for our member cities. • MEETINGS AND CONVENTIONS The Bureau focuses on regional and state meetings, which require sleeping rooms. These • meetings are within the following market segments: corporate, association, government, religious, medical, education, and hobby markets. MARKETING GOAL: • Attract meetings and conventions by establishing Minneapolis Metro North as a preferred destination. OBJECTIVES: • Create sales strategies needed to compete with other destinations and/or venues • Reach local organizations to help invite their association to Minneapolis Metro North • Serve niche markets that are identified as compatible with our product • Increase our market share of meetings in the metro area by establishing relationships in all market segments • Growth markets area targeted to be association and education • Address the downturn in corporate travel by increasing sales and marketing resources to retain market share • Work with the Earle Brown Heritage Center to secure more groups that generate room nights ACTIVITIES: • Direct mail, tradeshows, personal sales calls, special promotions, advertising, telemarketing, site inspections, presentations, convention services, internet marketing, and participation I industry groups and networking events TARGET MARKETS: • • Corporate, government, education, associations, religious, and hobby SPORTS MARKET AND EVENTS With the growth in amateur sports in our member cities, this is a growth market for the Bureau. MARKETING GOAL: • Position Minneapolis Metro North as the best location for amateur sporting events in the midwest OBJECTIVES: • Develop and maintain relationships with local sports organizations that can bring events into the area • Identify appropriate events that meets established criteria for rooms, participants, and off peak • Maintain cooperative partnerships with the National Sports Center to identify new events • Develop and maintain relations with state, regional, and national sports organizations that have potential events available to bid on: USSSA, MSHSL, MYAS, MSF, MRPA, other governing bodies ACTIVITIES: • Direct mail, tradeshows, partnerships, bids, presentations, advertising, telemarketing, personal sales calls, special events, industry meetings, and internet and e -mail marketing • TARGET MARKE • State /regional youth sport associations, sports meetings, team sports, and new sports • Local amateur sports organizations willing to host tournament. U of M sports • MASC and NSC operated events LEISURE CONSUMER Our destination is positioned to capture visitors coming for events and entertainment in the Twin Cities because of value! MARKETING GOAL: • Increase new visitors and retain repeat visitors coming for activities in the Twin Cities Metro Area. Increase our market share of the Twin Cities visitor. OBJECTIVES: • Target advertising to create awareness of amenities, value and accessibility • Provide same day response to inquiries by phone and other sources • Update visitor guide and increase distribution of it through new sources • Provide the Travel Information Centers with vacancy status for referrals • Use strategic locations to place our map identifying lodging and attractions • Use our web site to drive business to our hotels and use other sites to steer customers to us • MOT partnerships and promotions that leverage our own marketing efforts • Expose our destination to travel media for additional editorial on our destination • Work with metro partners to create demand for entire area ACTIVITIES: • Print advertising, direct mail, customer and information service, internet marketing, cooperative marketing with MOT, consumer shows, and special promotions • TARGET MARKETS: • The leisure traveler coming into the Twin Cities • The traveler coming into the metro for events • The traveler passing through the metro area in route to another destination • Visiting family and friends tourists GROUP TOUR AND TRAVEL MARKETING GOAL: Attract new and existing group tour business by positioning Minneapolis Metro North as the preferred destination. Adding to our market sha ACTIVITIES: • Direct mail, trade shows, familiarization tours, personal sales calls, advertising, telemarketing, and joint promotions with the Minnesota Office of Tourism and Metro CVB's TARGET MARKETS: • Group leaders, bank clubs, American Bus Association, National Tour Association, and Bus companies City Council Agenda Item No. 8b There are no materials for this item. City Council Agenda Item No. 9a Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April 7, 2003 SUBJECT: Public Hearing: An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs At its March 24, 2003, meeting, the City Council adopted first reading of An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs and set April 14, 2003, as second reading and public hearing. Attached are the materials from the March 24, 2003, City Council meeting. Attachments • 6301 Shingle Creek ek Parkway Recreation and Community Center Phone &TDD N_ umber Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org CITY OF BROOKLYN CENTER • Notice is hereby given y g n that a public hearing will be held on the 14th day of April, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding taxicabs. 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 REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21, Public Transportation, of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. Section 2. Chapter 23, General Licensing Regulations, of the City Ordinances of • the City of Brooklyn Center is hereby amended by adding the following new sections: TAXICABS Section 23 -701. DEFINITIONS. Unless the context otherwise clearly indicates. the following terms, as used in this Section. shall have the meanings given them in this Section: a. "Taxicab" means any motor vehicle as defined in Minnesota Statutes 169.01 engaged in carrying of persons for hire, whether over a fixed route or not, and whether the motor vehicle is operated from a street stand, or subiect to call from a garage, or otherwise operated for hire. The term shall not include motor vehicles subiect to control and regulation by the State Public Service Commission, motor vehicles regularly used by undertakers in carrying on their business. or motor vehicles hired on an hourly basis. b. "Taxicab Driver" means any person who drives a taxicab. C. "Street" means any street, alley. avenue, court, bridge, land, or public place or highway in the City of Brooklyn Center. • • ORDINANCE NO. Section 23 -702. TAXICAB LICENSE REOUIRED. No person shall operate a taxicab within the City of Brooklyn Center without disnlaviniz a valid taxicab permit decal duly issued by the Metropolitan Aimorts Commission and without complving with the requirements of said issuing authority (and providing proof thereof_ ) regarding driver qualifications, insurance, vehicle safety. and vehicle inspections. Section 23 -703. TAXICAB DRIVER'S LICENSE REOUIRED. No Derson shall drive a taxicab within the City of Brooklyn Center without possessing a valid taxicab driver's license duly issued by the Metropolitan Aimorts Commission. Section 23 -704. DESIGNATION. Each taxicab required to be licensed by this Section shall bear signs identifying the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and shall be visible from each side of the vehicle. Section 23 -705. EXEMPTION. • Any taxicab driver licensed to operate in another City_ may carry passengers from the City where licensed to any place or Doint within the City and may freely travel upon the streets without being licensed in accordance with this Section, provided that the taxicab driver shall not be permitted to solicit business or Dick uD Dassenaers within the City unless the taxicab and the taxicab driver are licensed as required by this Section. Section 3. Transitional Provision. Licenses issued under Chapter 21 for the calendar year 2003 will continue to be valid for the year 2003. No license fees will be returned or prorated. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2003. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) Office of the City Clerk Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jwlle�VL DATE: March 17, 2003 SUBJECT: An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs At its January 13, 2003, Open Forum, the City Council heard from Kenneth Ewer of All Around Transportation and Michelle Reinke of Airport and Town Taxi regarding taxicab licensing requirements. Council direction was for staff to research the issues and report back. At its February 24, 2003, Work Session, the City Council reviewed the materials provided in the agenda packet and discussed taxicab licensing regulations, and it was consensus to further explore the issue of removing taxicab licensing from the City's Ordinances. Attached for Council consideration is an • ordinance that repeals the current chapter regarding public transportation and requirements for City taxicab licenses and replaces it with a new ordinance that regulates taxicabs under the Metropolitan Airports Commission standards and regulations. The proposed new ordinance also incorporates taxicab licensing as a Section in Chapter 23, General Licensing Regulations, rather than providing it as a separate Chapter. The issue of taxicab licensing has been reviewed over the past few years by several other cities. In 2000 the Metropolitan Council established a regional task force to review taxicab licensing requirements in the seven - county metropolitan area. One of the main goals of the task force was to eliminate duplication of taxicab licensing and develop uniform standards with regard to vehicle inspections, taxicab drivers, insurance requirements, etc. The task force dissolved the end of 2001, but several cities chose to eliminate taxicab licensing and adopt the Metropolitan Airports Commission standards. A copy of the Metropolitan Airports Commission Ordinance No. 81 and Taxicab Manual are attached for review. Attachments 0 6301 Shingle reek g C 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.cityolbrooklyncenter.org CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of April, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding taxicabs. 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 REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21, Public Transportation, of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. Section 2. Chapter 23, General Licensing Regulations, of the City Ordinances of • the City of Brooklyn Center is hereby amended by adding the following new sections: TAXICABS Section 23 -701. DEFINITIONS. Unless the context otherwise clearly indicates, the following terms. as used in this Section, shall have the meanings given them in this Section: a. "Taxicab" means anv motor vehicle as defined in Minnesota Statutes 169.01 enaaaed in carrvine of persons for hire, whether over a fixed route or not, and whether the motor vehicle is operated from a street stand, or subiect to call from a aaraae, or otherwise operated for hire. The term shall not include motor vehicles subiect to control and reaulation by the State Public Service Commission, motor vehicles reeularly used by undertakers in can-vine their business, or motor vehicles hired on an hourlv basis. b. "Taxicab Driver" means anv person who drives a taxicab. C. "Street" means anv street. allev. avenue. court, bridge. land. or public place or hiahwav in the Citv of Brooklvn Center. ORDINANCE NO. • Section 23 -702. TAXICAB LICENSE REOUIRED. No person shall overate a taxicab within the Citv of Brooklvn Center without displavin2 a valid taxicab hermit decal dulv issued by the Metropolitan Airoorts Commission and without complvine with the reauirements of said issuinL authoritv (and providinLy proof thereof) reaardina driver aualifications. insurance, vehicle safety, and vehicle inspections: Section 23 -703. TAXICAB DRIVER'S LICENSE REOUIRED. No person shall drive a taxicab within the City Of Brooklvn Center without possessing a valid taxicab driver's license dulv issued by the Metropolitan Aimorts Commission. Section 23 -704. DESIGNATION. Each taxicab reauired to be licensed by this Section shall bear sians identifvinQ the vehicle as a taxicab. Such liens shall be on the exterior of the vehicle and shall be visible for each side of the vehicle. Section 23 -705. EXEMPTION. • Anv taxicab driver licensed to operate in another Citv ma ca v rry passeneers from the Citv where licensed to any place or point within the Citv and may freely travel upon the streets without beinz licensed in accordance with this Section, provided that the taxicab driver shall not be permitted to solicit business or pick up passeneers within the Citv unless the taxicab and the. taxicab driver are licensed as required by this Section. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) Curren -�- ord;nanct? • CHAPTER 21 - PUBLIC TRANSPORTATION Section 21 -101. DEFINITIONS. Unless otherwise expressly stated, whenever used in this ordinance, the following words shall have the following meanings: Taxicabs shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same is operated from a street stand or subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the Minnesota Public Service Commission. Street shall mean and include any highway, street, alley, avenue, court, or lane in the City of Brooklyn Center. Taxicab drivers shall mean and include any person who drives a taxicab, whether such person be the owner of the taxicab or employed by a taxicab owner. Operator shall mean and include any person owning or directing the use of one or more taxicabs used for hire upon the streets of Brooklyn Center. Persons shall mean and include an individual, firm, partnership, association, corporation, or any similar organization. • Taximeter shall mean a meter instrument or device contained in and attached to a taxicab which measures mechanically the distance driven and the waiting time upon which a fare is based. Section 21 -102. LICENSE REQUIRED. No person shall operate or permit ataxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab license. Provided, however, that any taxicab licensed to operate in any other municipality of this State may carry passengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center without being licensed under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the city clerk for such license and must be at least eighteen years of age, must conform to applicable laws of Minnesota, and must furnish to the city clerk information covering each vehicle to be so licensed, giving the full name and address of the owner, the class and passenger - carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use, the make of vehicle, the vehicle registration number, and such other information as the city clerk may require. The city clerk or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through he Criminal Justice Information System � y m and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. • City of Brooklyn Center 21 -1 i C t Ordinance I Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator, the • operator shall furnish the city clerk a certificate of insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed). Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed. The policy shall cover all owned, hired, or nonowned vehicles used by the operator. The minimum limits to be carried shall not be less than: 1. Bodily Injury Liability a. $250,000 each person b. $500,000 each occurrence 2. Property Damage Liability a. $250,000 each occurrence Evidence of such insurance will be in the form of a Certificate of Insurance (ACORD or its equivalent) and shall state that the insurance cannot be canceled, nonrenewed, or undergo any major change in coverage without 30 days prior written notice. Such Certificate shall be furnished to the city clerk prior to the issuance of any license. Section 21 -104. TAXICAB FEE. The applicant applying for a taxicab license shall pay an annual license fee, as set forth by City Council resolution, for each vehicle to be so licensed. Section 21 -105. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant applying for a taxicab license shall provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary, and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Section 21 -106. DISPLAY OF LICENSES AND MARKINGS. The operator of every taxicab shall display in a conspicuous place on the inside of the taxicab a copy of the license issued for said taxicab. In the event a license is issued covering more than one vehicle, sufficient copies of said license shall be provided to the licensee for each of the vehicles covered. Every taxicab soliciting or accepting business on the streets of Brooklyn Center shall have some designation of the character of the vehicle painted in plain visible letters thereon. • City of Brooklyn Center 21 -2 City Ordinance Section 2 - • 1 107. TAXIMETER REQUIRED. All taxicabs operated under the authority of this ordinance shall be equipped with taximeters fastened in front of the passengers, visible and readable to them at all times of day and night. The taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. Taximeters shall be sealed at all points and connections to prevent manipulation which would affect recording and reading reliability. The taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each fare trip. Taximeters shall be subject to inspection from time to time by the police department. Upon discovery of inaccurate taximeter operation, the licensee shall be ordered to cease operation until the taximeter is repaired and approved to resume operations upon Brooklyn Center streets. Section 21 -108. RATES. Every taxicab operated under this ordinance shall display in view of all passengers a rate card setting forth the authorized rates of fare. Rates charged shall be set forth by City Council resolution. The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number, amount of meter reading or charges, and date of transaction. Section 21 -109. TAXICAB DRIVER'S LICENSE. No person shall drive a taxicab in the City of Brooklyn Center unless said person possesses the appropriate license or licenses required under the • provisions of Minnesota law. Said license or licenses shall be displayed in full view of all passengers while such driver is operating a taxicab. Section 21 -110. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part thereof. Section 21 -111. PENALTIES. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. • City of Brooklyn Center 21 -3 City Ordinance • 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 JANUARY 13, 2003 CITY HALL - COUNCIL 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, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. _Kenneth Ewer, All Around Transportation, addressed the Council regarding taxicab insurance • coverage and questioned why the insurance limits in Brooklyn Center are so high. Michelle Reinke, Airport and Town Taxi, requested that the Council consider licensing taxicabs and drivers separately. Mayor Kragness informed Mr. Ewer and Ms. Reinke that staff will research these issues and report back to them. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the invocation. 3. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a Ceremonial Oath of Office to Mayor Kragness, Councilmember Carmody, and Councilmember Niesen. • 01/13/03 _1_ POLICE DEPARTMENT REORGANIZATION PLAN • Mr. Bechthold re e p s nted a PowerPomt presentation on a proposed reorganization plan within the Police Department and discussed that this plan is directed toward improving operations responsiveness. The plan provides the essential structure for the new Crime Reduction Strategy that moves the department from the traditional reactive organization to a proactive organization. Mr. Bechthold discussed the current and the proposed organizational charts. Mr. McCauley discussed that the same coverage will continue, 12 hour shifts, for officers and that the concern with the east and west sides will be an issue to focus on proactively for the entire City. Mr. Bechthold informed that the staff had been presented this plan and there was no opposition to the plan. Councilmember Niesen informed that she is all for proactive goals and that an issue she would like to discuss in the future will be traffic. POLICY ON LIOUOR IN CONSTITUTION HALL Councilmember Lasman inquired if the Council would be interested in exploring the current policy that prohibits alcoholic beverages in City Hall and Constitution Hall. She was approached by the Lions regarding this policy as it would impact a use they might consider for an event in Constitution • Hall. It was the consensus of the Council to leave the policy as it is written. TAXICAB LICENSING REGULATIONS, i Council discussed the current taxicab licensing procedure. Mayor Kragness questioned why the City of Brooklyn Center's insurance limitations are higher than other cities. Councilmember Niesen questioned who made the decision. Mr. McCauley informed that the Council had previously adopted the ordinance and that the limits were suggested from the American Risk Services, Inc. Mr. McCauley inquired if the Council would like staff to explore the option of having the City taken out of the taxicab licensing business. It was the consensus of the Council to explore the issue of removing the taxicab licensing business from the City' Ordinances. ,,--�' A motion by Councilmember Carmody, seconded by Councilmember Lasman to extend the meeting to 11:30 p.m. Motion passed unanimously. • 02/24/03 -2- Office of the Ci ty Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jvtb� DATE: January 28, 2003 SUBJECT: Followup on Taxicab Licensing As requested at the January 13, 2003, City Council Open Forum, attached is information Maria Rosenbaum compiled from surrounding cities regarding taxicab licensing. I've also included a copy of Brooklyn Center's taxicab ordinance and a copy of the agenda materials from 1993, the last time the insurance requirements were increased as recommended by the City's risk manager. Please let me know if you need additional information. • Attachments 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 City o f Brooklyn Center rookl y A Millennium Community • MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Maria Rosenbaum, Deputy Cit Clerk ✓f' I DATE: January 27, 2003 SUBJECT: Taxicab Survey I have concluded the taxicab survey and have the following to report. The Metropolitan Airports Commission (MAC) is no longer working with cities regarding the regulation of taxicabs in the metropolitan region. The issue ended in October last year when the cities of St. Paul and Minneapolis opposed to a joint movement of control. Dave Christenson, from the Metropolitan Council, provided that information since Clarence Shallbetter retired last year. Attached is a table regarding the information gathered and copies of the ordinances that were • available. Several of the cities surveyed have an ordinance; however, the ordinance is not regulated. None of the cities surveyed have a separate license for the driver of a taxicab. Along with the cities you requested I gathered taxicab information from the City of Bloomington and the MAC. The City of Golden Valley requires taxicabs to be licensed by the City of Bloomington or the MAC. Please let me know if you need any further assistance on this issue. 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 City Insurance Ordinance Comments Repealed Requirements Brooklyn Park $50,000 - bodily injury Yes Only license 24 -8000 (Linda) $100,000 - for injuries to companies. more than one sustained in the same accident They have none in the $25,000 - property City of Brooklyn damage Park. Columbia Heights No No longer license 706 -3678 (Shelly) taxicabs. They do require them to be licensed by another entity. Crystal No 2000 53 1 -1000 (Janet) Fridley $25,000 - bodily injuries Yes 571 -3450 (Deb) Not less than $50,000 because of bodily injury $5,000 against loss for damage to property Golden Valley Yes Taxicabs must be Stopped licensing 593 -8000 (Jeanine) licensed by the City of approximately in Bloomington or the June 2001 MAC. New Hope $200,000 - bodily injury Yes They have not 1031 -5100 (Val) $500,000 - for injuries to licensed taxicabs in more than one sustained in many years. the same accident $100,000 - property damage Robbinsdale No Approximately 537 -4534 (Diane) four to years St. Louis Park Yes Do not license 952- 924 -2525 (Ann) taxicabs and/or drivers and have not done so in years. Bloomington $100,000 - bodily injury Yes $300,000 - injuries to more than sustained in the same accident $50,000 - property damage Metropolitan Minimum of Yes Airports $200,000 Commission (MAC) $600,000 612 - 726 -5578 (John) $200,000 for bodily injury and property damage CITY OF BROOKLYN CENTER Council Meeting Date Q 11/22/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation DEPT. APPRO ` AL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: U No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • John R. Simacek, vice president of American Risk Services, Inc., is recommending updates to the City Ordinances in the area of insurance requirements. Section 21 -103 of the City Ordinances reflects his recommendation for increasing the insurance requirements for taxicabs. Section 21 -105 adds a requirement for taxicabs to provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license and defines the Twin Cities metropolitan area. This requirement will eliminate our present administrative process to have the taxicab inspected at our inspection station, currently Duke's Amoco. With the elimination of the required inspection at Duke's Amoco, the City - will save the cost of the inspection fee ($15 per taxicab). RECOMMENDED CITY COUNCIL ACTION: Approve for first reading An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation. CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearin g will be held on the day of , 1993, at r p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 21 of the City Ordinances regarding public transportation. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY ORDINANCES REGARDING PUBLIC TRANSPORTATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator he shall [deposit with] furnish • the city clerk a certificate[s] of insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed) . [duly licensed to transact such business in Minnesota.] Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death[,] or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed_[, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy. The limit in any such insurance policy shall be not less than $100,000 for bodily injuries to or death of one person, $300,000 on account of any accident resulting in injuries to and /or death of more than one person at a total of $50,000 liability for damage to property of others, rising out of any one accident.] The molicv shall cover al ow ned, hired. or nonowned vehicles used by the oberator. The minimum limits to be carried shall' not be less than: I. Bodilv Inlury Liabilitv a. $250,000 each person b. $500.000 each occurrence 2. Property Damaae Liabilitv • a. $250,000 each occurrence ORDINANCE NO. Evidence of such insurance will be in the form of a Certificate of Insurance (ACORD or its equivalent) and shall state that the insurance cannot be canceled, nonrenewed, or underao anv maior change in coveraae without 30 days prior written notice. Such Certificate shall be furnished to the city clerk prior to the issuance of anv license. Section 21 -105.. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant applvina for a taxicab license shall provide a copv of a vehicle inspection certificate issued by a public aaencv in the Twin Cities metropolitan area within the oast three months from the date of application for license. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary-,- and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as being comprised, of the counties of Anoka. Carver. Dakota, Hennepin, Ramsev. Scott, and Washinaton. • Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • I Northwest Business Campus 3033 Campus Drive, Suite A41 K • American Risk Services, Inc. Minneapolis, MN 55441 -2667 Tel: (612) 559 -7300 Fax: (612)559 -764U November 5, 1993 Ms. Sharon Knutson City of Brookyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Citv's Ordinance Reeardine Taxicabs Dear Sharon: Per your request I am enclosing my suggested wording for Section 21 -101 of CHAPTER 21 - PUBLIC TRANSPORTATION. I am assuming that there are no off- street ta)acab stands or parking areas owned by the txdcab companies. If there • are, then we should make some additional insurance requirements relative to General Liability coverages. The previous limits of liability under this ordinance were as follows: Bodily Injury Liability $ 100,000 each person $ 300,000 each occurrence Property Damage Liability $ 50,000 each occurrence In today's values these limits are very low, accordingly, the limits I show are the recommended limits. I have not contacted the insurance carriers to see the availability of these limits, but will do so and advise you accordingly. I hope this fully complies with your request. Please let me know if you do have any questions. Sin y, `t hn R. Simacck Vice President J RS /na Enclosure • Risk Management • Employee Benefits Consultants CHAPTER 21 - PUBLIC TRANSPORTATION . Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator he /she shall furnish the City Clerk a Certificate of Insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed). Such insurance shall insure the taxicab owner and driver against loss from Iiability for damages on account of bodily injury or death or for damage to property resulting from the ownership, maintenance or use of any taxicab to be licensed. The policy shall cover all owned, hired or non -owned vehicles used by the operator. The minimum limits to be carried shall not be less than: Bodily Injury Liability $ 250,000 each person $ 500,000 each occurrence Property Damage Liability $ 250,000 each occurrence Evidence of such insurance shall be in the form of a Certificate of Insurance (ACORD or it equivalent) and shall state that the insurance cannot be canceled, nonrenewed or undergo any major change in coverage without 30 days prior written • notice. Such Certificate shall be furnished to the City Clerk prior to the issuance of any license. • Taxicab Certificate of Insurance Bodily Injury and Property Damage Liability Landside Use Only Owner 1D tI AVI'rag # By Date Taxi Owner, Vehicle, and Company Information Name of owner Address Name of insured Address of insured Nance of Taxicab Company Taxicab Number Vehicle Identification Number (VTN) Vehicle Year Vehicle Make Vehicle Model Insurance Company Information Filed with the Metropolitan Airports Commission, (hereinafter called "the Commission".) This is to certify that the (narne of Insurance Company) _ (hereinafter cal led' Insurance Company ") of (home address of Insurance _ Company) has issued to the applicant described in "Taxi Owner, Vehicle, and Company Information" above, a policy or policies of insurance at the address of the insured stated in the said policy or policies and continuing until canceled as provided herein,�,iinnsurairee-Comp:in ` affirm,, that this policy,or policies provide(s) automobile bodily injury, and property on th damage liab lity ncr. l mmum x $ZU0,000, $600000; i ons im �200,04t)) cv'ventig th�otitgaitp o'sc d e _. applic:ant f6r'C6mmor Vehtcle operation byt teprovtstans of Seetton �:?t d,�ci Scct�on i� S,:Ordiaance 8t of Metropolitan Commisston'and the laws of the State of 1Ninncsota. R ' glit3l .:!A�Cyv��'w:�.M.BQS"*dYJ'bf1' � y5y�, ���Ip. ..y.•x Fa.-. .T„. .. .: oa �a... '�`s is _�"�.��Ti net" C +."WZ'!..�.?' W}ienever requested, the Insurance Company agrees to furnish the Commission a duplicate original of the said policy or policies and all endorsements thereon. The Policy names the Commission as an additional insured, as well as indemnifying and holding the Commission harmless. The Insurance Company must notify the Commission in writing 10 days before the policy may be canceled or charged by endorsement. The Insurance Company must notify the Commission immediatcly in writing that a Vehicle(s) is being deleted from the policy. Countersigned at: Street City State Zip code This day of , Authorized Insurance Company Representative (signature) Insurance Company Pile No (Policy A[) Policy effective from to The above policy is maintained at: W cet City State Zipcode Certificate holder: Landside Operations MSP International /airport 4300 Gtumack Drive, St. Paul, MN 55111 -3010 Phone: (612) 726 -5463, f=ax: (612) 726 -5603 MAC TAXICAB MANUAL VO LIS 8 q, ti P1* � ('00 • m 40q Z 0 o � 0 C. �j• O -q. G ti 5 �p0R • Established by the Airport Director Adopted 05 -09 -1997 Per Ordinance No. 81, Section 5.6 Including Addendum through 09 -30 -2002 Table of Contents • I. OPERATING PROCEDURES ..................................................... ............................... 3 A. POST ROAD PROCEDURES /AVI TAGGED TAXIS .. ............................... 3 B. FRONT CURB PROCEDURES ....................................... ............................... 4 C. SPECIAL REQUEST ........................................................ ............................... 5 D. SPECIAL CALL ................................................................. ..............................5 E. HUBERT H. HUMPHREY (HHH) TERMINAL PROCEDURES ..............5 F. REGIONAL TERMINAL ................................................. ............................... 6 G. GENERAL PROCEDURES .............................................. ............................... 6 H. SPECIAL CIRCUMSTANCES ........................................ ............................... 6 II. VEHICLE STANDARDS .............................................................. ............................... 7 A. VEHICLE SIZE ................................................................. ............................... 7 B. SALVAGE VEHICLES ...................................................... ..............................7 C. TAXIMETER REQUIREMENTS / INSPECTIONS ....... ............................... 8 D. LIGHTS ................................................................................ ..............................8 E. STEERING ......................................................................... ............................... 8 F. TIRES .................................................................................. ............................... 8 G. WHEELS .............................................................................. ..............................9 H. SUSPENSION ...................................................................... ..............................9 I. FRAME ............................................................................... ............................... 9 J. BRAKES .............................................................................. ..............................9 K . EMERGENCY BRAKE ...................................................... .............................10 L. ENGINE ................................................................................ .............................10 • M. TRANSMISSION & DIFFERENTIAL ............................. .............................10 N. FUEL SYSTEM .................................................................... .............................10 O. EXHAUST ............................................................................. .............................10 P. HORN .................................................................................... .............................11 Q. WIPERS ................................................................................ .............................11 R. GLASS ................................................................................... .............................11 S . MIRRORS ............................................................................. .............................11 T. INTERIOR ............................................................................ .............................11 U. COMMUNICATIONS DEVICE ........................................ .............................12 V. MAP ....................................................................................... .............................12 W. BODY .................................................................................... .............................12 X. TRUNK .................................................................................. .............................13 Y. VEHICLE COLOR .............................................................. .............................13 Z. LETTERING ........................................................................ .............................13 III. APPLICATIONS .............................................................................. .............................14 IV. DRIVER APPEARANCE ................................................................ .............................14 V. ADVERTISING ................................................................................ .............................14 VI. TRIP SHEETS .................................................................................. .............................15 • VII. VEHICLE TOWING ....................................................................... .............................15 VIII. R1DERS/TRAINEES ....................................................................... .............................15 1 IX. RECEIPTS ......................................... ............................................... .............................15 ADDENDUM 07 -31 -97 VEHICLE COLOR ........................... .............................16 • ADDENDUM 07 -31 -97 VEHICLE APPEARANCE ................. .............................17 EMERGENCY DECLARATION VOUCHERS ...................... .............................18 ADDENDUM 09 -30 -02 AIRPORT ASSIGNED TAXICAB NUMBER .......................19 ADDENDUM 09 -30 -02 ALL WHITE PAINT SCHEME ............ .............................20 I i I • 2 UNDER THE AUTHORITY OF METROPOLITAN AIRPORTS COMMISSION TAXICAB ORDINANCE #81, SECTION 5.6, ALL TAXICABS PICKING UP AT THE AIRPORT SHALL FOLLOW THE PROCEDURES AS OUTLINED IN THIS MANUAL. • I. OPERATING PROCEDURES A. POST ROAD PROCEDURES /AVI TAGGED TAXIS 1. All taxicabs must enter the Post Road holding area prior to being dispatched to the front curb. Taxicabs will automatically be logged into the taxi line in the order that they entered. 2. After entering the holding area, drivers may park anywhere in the taxi parking area until they are called into the staging area. Once the drivers are called, they will be given three and one -half (3.5) minutes to enter into the first up staging area, or as may be adjusted. If the driver fails to enter the first up area in the allotted three and one -half minutes time, that taxi will be dropped to the end of the holding list. Should that taxi fail to respond to the second call up, it will be taken off the list altogether. The driver is then required to exit, and re -enter the holding area before being added back to the end of the regular dispatch queue. 3. Once taxicabs have entered the first up staging area, the drivers must remain with their vehicles. Taxicabs will be called from this area to the curb in the exact order in which they entered the Post Road staging area. • Taxicabs will have two (2) minutes to exit staging. If the driver fails to leave staging in the allotted two (2) minutes, that vehicle will be placed at the end of the staging list. Should the same vehicle fail to respond a second time, then that vehicle will be taken off the list altogether. If they fail to arrive at the front curb within seven (7) minutes after exiting staging, they will then be taken off the list and will be shown as illegal on all taxi terminals. 4. In the event the taxi dispatching system is not operating, taxis will line up in lines and wait for the appropriate taxi li t to a a light flash, or PSA will call your vehicle to the first up and front curb areas. 5. If your AVI tag does not operate correctly, you must contact the Landside Operations Department immediately. Inoperable tags will prevent your taxi from entering the taxi dispatching system and from being able to pick up an airport customer. 6. No driver shall interfere with any other commercial ground transportation operators, vehicles, or activities which may be in this area. 7. Drivers are not to loiter inside the SuperAmerica (SA) store. Once you have purchased your food, use the lounge area or go back to your vehicle. • 8. Vehicle maintenance is prohibited in holding or staging areas. 9. No self - fueling (using gas cans) of any vehicle is allowed. 3 10. Smoking is prohibited along the fence line adjacent to the aviation fuel tank. Drivers must refrain from throwing cigarettes out their window and shall insure that all cigarettes are full extinguished in their ashtrays. g Y g • Smoking is also prohibited near gas pumps and in SA. 11. Driver disputes will result in both drivers being sent to the end of the line. 12. Drivers are not allowed in the taxi booths. 13. Driver disputes will result in disciplinary actions for all drivers involved. 14. No drivers will be allowed to stop at the SA on their way to the curb. Doing this will result in the vehicle being timed out, showing illegal at curbside, and ultimately sent back to the end of the line. 15. With the availability of a car wash, all cars at the front curb should be clean. 16. Only current MAC licensed drivers and permitted vehicles are allowed in the Post Road staging lot. B. FRONT CURB PROCEDURES 1. Once taxis are called to the front curb, the drivers will proceed and take their place at the end of curbside staging line and wait for further call up. Taxis must line up using the left lane first, middle lane second, and then • the third lane. The third lane is for overflow only. Drivers are to remain with their vehicles while in this area. 2. Once the drivers have been called to the first up space on the curb, they must be prepared to assist their passengers. Drivers parked in one of the loading lanes may greet their passengers at the taxi booth. Passenger assignment is on a first come, first serve basis to the first vehicle to accommodate all of the passenger's needs. 3. All drivers will assist their passengers in and out of the taxicab, and will load the passenger's luggage (up to 50 lbs.) into the vehicle unless the customer requests otherwise. 4. Drivers must follow the direction of the PSA's at all times. 5. Taxicabs that show he ow u as ILLEGAL NO CALL `TAG OFF' on P taxicab terminal display will not be loaded. Drivers must accept the finding and not challenge the PSA. They may contact the Landside Office during normal business hours to appeal or determine the problem. 6. Handicap P 9 transp anon re uests will be sent from the front curb to the terminal roadway. Drivers will be given the passenger's name before . proceeding. All handicap pick -up requests must be arranged through the PSA. I � 4 C. SPECIAL REQUEST • Special request taxis are those taxis that can handle the specific needs (shown in C.2.) of the passengers waiting in the taxi line. 1. All Special Request taxis will proceed to one of the designated spots on the AVI only taxi pick -up area. Taxicabs responding to calls by a PSA will be given a different load should the passenger decline the taxicab. 2. Taxicabs accepting vouchers, credit cards, no smoking only, that P g g Y� hold more than four passengers (vans), and any other Special Request must have that information on file, in the taxi database, and posted on the vehicle in order to be considered, or not considered for a "Special Request ". 3. Customers needing a credit card, voucher, or a no smoking cab will be loaded only into a cab displaying the appropriate signage. The PSA will only be allowed to work with the computer designation, and the signage on the vehicles, and will not be allowed to ask if a cab accepts credit cards if not posted. 4. Taxi requests will be dispatched from the first up in curbside loading D. SPECIAL CALL 1. Taxicabs arriving to pick up paying passengers on a pre - arranged basis • must ark in the Special Call stand. Drivers will then notify the PSA of P P Y their presence, and give the name of the pre - arranged passenger. 2. Drivers with AVI tagged vehicles may not wait longer than ten (10) minutes for their passengers to arrive. Taxis that are required (non -AVI tagged or suspended) to use the cash lane will pay dwell charges after ten (10) minutes in addition to per trip fees. Under no circumstances will a PSA give special call taxis a load from the curb if their special call passenger does not arrive. 3. No other parking or package delivery will be allowed in the special call pick up area. 4. Non -AVI tagged or suspended vehicles will have to pull a ticket to enter this area. Upon exiting this area, drivers will have to pay the appropriate fee. All special call taxis will be charged a fee, even if the passenger does not arrive. Charges for non -AVI tagged vehicles will include excess dwell fees if such fees are accrued. E. HUBERT H. HUMPHREY (H.H.H.) TERMINAL PROCEDURES 1. Drivers will line up in a one -line system. The first passenger will go to the • first taxi in line. Drivers will not ick and choose their passengers. P p g s. 2. Drivers are not allowed to leave their vehicles while in line at the H.H.H. Terminal. 5 3. Drivers may not park, or stage their taxis in any area other than the designated taxi area in front of the terminal. • 4. Special call and handicap pick up will be allowed at the front curb. Drivers must notify the police officer on duty, or the taxi company dispatcher must notify the airport police dispatcher of the special call to the curb, along with the passenger's name. i F. REGIONAL TERMINAL 1. All Regional Terminal taxi requests will be dispatched from curbside loading using the first car in line. 2. Drivers will be given customers name when dispatched. If the customer does not show up, drivers should notify the PSA at curbside. 3. Drivers will leave the Regional Terminal via the most expedient route. G. GENERAL PROCEDURES 1. Taxicabs may depart at any time from the taxi line to leave the airport, or to respond to a special call. 2. Taxicabs, when called from the head of the taxi line in response to a false signal, may wait on the special request stand for another load. PSA's will • load the taxi as the last taxi in the taxi loading area. 3. In the event of a system failure, and absence of a PSA, all taxicabs will operate in a one -line system. All taxi trips must originate from Post Road. 4. All taxis must observe the Valid/Invalid/Illegal lights at all the entrances and exits. Only Valid lights will allow vehicles to be loaded. 5. Any type of vandalism will be handled in the most severe manner possible. 6. Keep the Post Road area and facility clean. Drivers violating this rule will be fined, suspended, or revoked. 7. Drivers refusing a load will be sent back to Post Road. 8. Drivers must have their vehicle in clean and presentable condition at all times. When called to the front curb, the vehicle should be unlocked, with the rear seat and front passenger seat clean, and cargo area ready to accept passengers and their baggage (this means all personal items such as TV's, radios, musical instruments, or any similar item will not be allowed in the vehicle when picking up at the curb). • H. SPECIAL CIRCUMSTANCES 6 1. Dogs or animals will be transported with their owners. Dogs must be kept on the floor and restrained. Refusal of a passenger with a domestic animal • constitutes refusal of a load and the taxi will have to return to Post Road. UNDER SECTION 5.6 OF THE MAC TAXICAB ORDINANCE, ALL TAXICABS PERMITTED TO OPERATE AT THE AIRPORT MUST COMPLY WITH THE VEHICLE REQUIREMENTS SET FORTH IN THIS MANUAL. II. VEHICLE STANDARDS A. VEHICLE SIZE 1. All vehicles for taxicab operations must be full size, unless otherwise approved by the Landside Operations Department (must be approved prior to permitting). All vehicles must have sufficient capacity to carry at least four passengers (in addition to the driver), and a reasonable amount of baggage. Vehicles carrying more than four passengers must provide proof from manufacturer of vehicle passenger capacity, and include the information on the application. 2. Currently, all vehicles approved must meet the following minimum dimensions: a. Overall Width 71.9 in. • b. Overall Height 53.8 in. C. Front Head Room 37.9 in. d. Front Leg Room 42.5 in. e. Rear Head Room 36.9 in. f. Rear Leg Room 34.9 in. g. Cargo Volume 15.7 in. B. SALAVAGE VEHICLES 1. All vehicles that have titles marked "salvage" must go through specific inspections. These inspections will assure that the vehicle has been repaired properly, and can provide safe public transportation. a. All vehicles must meet all the requirements of this manual. In addition, they must go through a complete wheels off detailed salvage or state inspection prior to permitting, and a safety inspection again in six months. b. Salvage inspections must be done by the state or a MAC approved inspection location qualified to verify that the repairs made meet manufacturer's specifications for that vehicle. City inspections will not be accepted in place of salvage inspections. A list of • authorized inspection locations are available in room 330, Landside Operations. 7 C. TAXIMETER REQUIREMENTSANSPETIONS In addition to the taximeter requirements set forth in Ordinance 81, the meters must also meet the following requirements: • 1. All taximeters must be permanently mounted, lighted, and clearly visible so that they may be seen by the passengers at all times. The meter must have a clear display that will be easily viewed by the customer. The meter will not display the authorized Airport Use Fee, or any other extra amount (the extra button must be disabled). The meter must be sealed to the dash so that it cannot be reopened or removed without breaking the seal (in some cases this means two seals). Seals must have a company or city ID embedded in the surface. Taxi drivers may not pick up Airport passengers if any taximeter seals are broken or missing from their taxi vehicle. 2. The certification and sealing of the meters must be done ANNUALLY by a person or establishment authorized by the cities of Minneapolis, St. Paul or MAC. MAC representatives may also check the meters for accuracy by doing mileage checks at any time. D. LIGHTS 1. All lights must operate properly. Light lenses must not have cracks or breaks. SEE INSPECTION CERTIFICATION FOR COMPLETE LISTING OF LIGHTS. E. STEERING • 1. All steering components must meet manufacturers specification and no component can be worn or damaged (i.e. tie rods, control arms, idler arm, Pitman arm, etc.) 2. Power steering pump must function properly and pump and lines must be free of leaks or damage. The steering wheel must turn without binding or play. F. TIRES 1. A tire shall be considered unsafe if it has: a. Any part of the card exposed, any bump, bulge, or separation, or any sidewall cracks, cuts, or snags deep enough to expose the body of the tire or cords. b. A tread worn to less than 2/32 (1/16) of an inch measured in the tread groove nearest the center of the tire at three locations equally spaced around the circumference of the tire, or if worn to tread wear indicators. • C. A marking "not for highway use ", or "for racing purposes only ", or "unsafe for highway use ". 8 d. Been re grooved or recut below the original tread design depth g � except special taxicab tires which have extra under tread rubber • and are identified as much. (MS 169.723) e. Any flat spots on the tires. 2. The vehicle must also have a usage spare tire meeting the above requirements. 3. No passengers will be loaded into a taxi operating with a compact spare tire. G. WHEELS 1. Wheels must not have any missing lug nuts, elongated holes in rims, cracked rims, bent rims, or worn studs. Wheels must be the same size as specified by the manufacturer. H. SUSPENSION 1. The below listed components must been the manufacturer's specified tolerances, and must not have any leaks, cracks, missing parts. The vehicle should not rattle, squeak, or bottom out during a test drive. • a. Ball Joints b. Springs C. Shocks d. Struts e. U -Bolts I. FRAME Frames must not be cracked, bent, broken, have any areas rusted through, or any other problems or defects causing the vehicle to be unsafe, unable to handle a load, or uncomfortable for passengers. J. BRAKES 1. Brakes must be adequate to control the movement of and to stop and hold in place a vehicle operated on the highway. 2. All pedals will be checked for proper operation (too spongy, hard, etc.). 3. All brakes must be free of leaks, bindings, drag, uneven wear, rust, cracks, or other damage including rotors, calipers, drums, hoses, lines, and wheel cylinders. 4. Brake pads must be at least as thick as the metal backing. Master cylinders will be checked ked for leaks, proper fluid level, and cover seal. Axle shafts, and wheel bearings must be properly installed, free of wear 9 and must not show signs of leaking seals, make any noise when the wheels are in motion, or any other defect, or problem that could affect the braking or safe operation of the vehicle. • K. EMERGENCY BRAKE The emergency brake must operate properly, including but not limited to, holding the vehicle in place while idling in reverse, and the pedal must push down freely and release freely. L. ENGINE 1. The engine must not exhibit any of the following problems: a. Stall due to overheating b. Kills when idling or in gear C. Will not start, or restart when hot d. Has unusual power loss when driving e. Knocking or ticking noises f. Burn oil g. Smoke from exhaust h. Leak any fluids i. Have any other unusual noise 2. The engine must run smoothly as all times. • 3. All other components such as the radiator, hoses, belts, pulleys, motor mounts, electrical system, and accelerator cable must be in good condition showing no signs of wear, poor operation, visible leaks, or improper fluid levels. M. TRANSMISSION & DIFFERENTIAL 1. All transmission lines and pan must be free of damage and leaks, check fluid level, and condition. 2. The vehicle must drive and shift properly, operating smoothly in all gears. 3. The gear shift lever must go into the park position smoothly, and the parking pawl must hold without slipping. 4. The differential, u joints and yoke must not exhibit any signs of wear, leakage, or unusual noise. N. FUEL SYSTEM The complete fuel system from carburetor to gas tank must not have any leaks, • cracks, rust or holes. The fuel system includes the gas tank, carburetor, carburetor gaskets, fuel filter, fuel pump, fuel lines, injectors, and fuel injector pumps. O. EXHAUST I 10 Exhaust system must not have any missing or defective parts allowing noise and/or exhaust leaks. There must be no missing or inoperative pollution control • equipment, and the exhaust system must meet state emissions standards. P. HORN All vehicles must have a functioning horn. Q. WIPERS Wipers shall operate in all switch positions, wiper blades shall be able to wipe a clean path without streaks from tip to tip, and washer fluid shall dispense when engaged. R. GLASS Windshield shall be free of cracks, chips, holes, and shall not be discolored. All side windows shall be in the same condition and operate up and down properly. The rear window shall also be free of cracks and obstructions. All glass shall be free of leaks and properly sealed, and of a clarity to readily see and identify the driver and passengers. All glass shall be of a shatterproof or non - shatterable glass. S. MIRRORS • All vehicles are to be equipped with one side mirror on each side and rear view mirror. They are to be intact, unbroken, free from fading or clouding, and fully functional. T. INTERIOR 1. The interior must be in good condition, free of tears, rips, stains, holes, and burns. This includes floors, doors, moldings, headliner, seats, and seat backs. Floors must have factory carpet, or rubber mats designed to fit and permanently attached (no indoor /outdoor or house type carpet). 2. Back seat must be secured, rear doors must lock, unlock and open from the inside at the passenger's control. 3. The interior must be clean, including but not limited to, door panels, seats, dash, glass, floor, and the vehicle must be odor free. 4. All seats, door panels, and interior pieces must be the same color. All doors must have handles, window cracks, or switches in good operating condition. There should be no disconnected, loose, or hanging wires visible under dash, on the floor, from door panels, or anywhere else. The dashboard must not be broken, or have any missing pieces. The • instrument panel must be intact, and all gauges must function properly. Gauges include speedometer, odometer, temperature indicator, oil pressure indicator, and gas gauge. Interior lights must have a protective cover and operate properly. 11 5. The vehicle must have functional air conditioning and heat, the blower must operate at all speeds, and be free of core leaks. 6. When test driving, the vehicle must not leak any air from doors, windows • or floor. 7. The vehicle must have seat belts available for all passengers and driver. 8. The gearshift selector must be intact and operational. 9. Display — In addition to the items listed in Ordinance 81, the following items must be displayed inside the vehicle in a place visible (or as specified) to the passengers: a. Any "Special Request" items. (1) No smoking (2) Credit cards (3) No checks (4) Vouchers U. COMMUNICATIONS DEVICE Every taxicab shall be equipped with a communications device as listed in • Ordinance 81. In addition, all antennas must be permanently mounted to the exterior of the vehicle. V. MAP Every taxicab driver shall carry in the taxicab at all times a current year Hudson map book. W. BODY 1. The body is to be free of rust, dents and cracks. The body must be professionally painted, lettered (see lettering below, for specific lettering details) and have a clean appearance. 2. The body must not show any signs of repair. All body parts must be properly aligned, fitted, and painted to match the exact color of the vehicle. 3. All lights, moldings, emblems, and chrome must be properly attached, and in good condition, and shall not detract from the appearance of the vehicle. Matching hubcaps must be in place on all four wheels. 4. The top light must illuminate, be permanently affixed, free of cracks, • holes, discoloration, and properly lettered (taxi or name). 5. All hood and trunk latches must be working properly. 12 6. The State of Minnesota license plates are to be permanently attached in their proper location, in good condition and valid. No temporary license permits will be accepted. • X. TRUNK 1. A vehicle's trunk shall contain only necessary items: a. Jack b. Spare Tire C. Fire Extinguisher d. 3 Emergency Triangles e. Jumper Cables or Emergency Equipment 2. These items must be secured and covered to protect a passenger's baggage. The trunk should be lined and clean. Bags of sand or other approved items can be in a trunk for traction during icy conditions. Y. VEHICLE COLOR 1. Taxicab companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. • 2. All color schemes must be approved b the Landside Operations PP Y P Department prior to permitting. Two 5 x 7 color photos (1 vehicle only) showing a full view from the side and a full view of the rear of the vehicle, and company color scheme must be on file with the office at time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). 3. Vehicles that were permitted during the 1996 -1997 season that do not match the approved company color scheme will not have to be repainted unless body condition warrants repainting, or the vehicle changes owners, or company affiliation. 4. All new vehicles must comply with authorized color schemes. Color schemes that are already approved by cities with color scheme requirements prior to May 1, 1997, such as Minneapolis, St. Paul or Bloomington will be given that color scheme, and no other company may take it. Any duplications that may arise will be allowed until one of the companies stops operating at the airport. The remaining company will retain that color scheme and it will not be given out again. Should the remaining company stop its operations at the airport, the color scheme will become available for someone else. Z. LETTERING 13 i 1. The vehicle shall be clearly marked to show the company name, vehicle number, and phone number (number must be listed with directory assistance) of the company operating. The company name, vehicle • number, and phone number shall be affixed to both sides, and rear of the vehicle in contrasting letters which shall be a minimum of 4" in size. 2. All other required markings such as operating area (Minneapolis, St. Paul, Suburbs) posted rates, capacity, smoking/non - smoking, credit cards, checks /no checks, vouchers accepted, any application MnDOT or operating authority numbers, and top light lettering shall be painted neatly and plainly on the taxicab or otherwise attached by permanent decal approved by the Airport Director. 3. Decals must be approved prior to inspection, and no magnetic signs will be accepted. III. APPLICATIONS i A. APPLICATIONS 1. All owners must complete and sign the vehicle permit application form(s). a. Drivers are not allowed to fill out vehicle permit application forms unless they have power of attorney. b. Any falsification of the form(s) will result in revocations of all • permits affected. 2. All drivers license applications must be filled out by the person wishing to be licensed. IV. DRIVER APPEARANCE A. DRIVER APPEARANCE 1. Every taxicab driver, while on duty (this includes time while the vehicle is logged in dispatch system), shall keep a well groomed appearance, and shall be suitably dressed. Drivers shall be clean shaved, and hair shall be neatly trimmed. If a beard or mustache is worn, it shall be neatly trimmed. "Suitably dressed" shall mean long trousers or slacks, jogging suit, dress jeans, skirt or dress, a dress shirt or blouse with a collar (without if so designed), turtle neck, and shoes or sandals, provided such clothing is clean and neat (this also means shirt tails must be tucked in). The following articles of clothing are prohibited: a. When worn as outer garments, underwear, tank tops, swim wear, body shirts, cut -offs, trunks, sweat suits, shorts (except Bermuda type), or similar attire. • b. Footwear: thongs and clogs. V. ADVERTISING 14 Owners and drivers shall not cause any advertising, signage or phone boards to be placed on Airport property other than as allowed by MAC under separate agreement. • VI. TRIP SHEETS A. TRIP SHEETS Every taxicab driver shall keep a trip sheet, current to the last run taken, upon which shall be noted the starting point and time, the termination point and time of each trip, the place of discharge of each passenger, fare charges whether metered rate or flat rate, driver name and number, cab number, time going on- duty and off -duty, and whether an airport use fee was charged. A spiral notebook will be an acceptable trip sheet log. 1. Each taxicab driver shall preserve for a period of one (1) year and submit upon request any information contained in the driver's /vehicle's trip sheets to a MAC representative. Failure to make and keep such a trip sheet or the falsification of such trip sheets shall constitute a violation of the Ordinance. 2. Trip sheets shall be completed after each run and the trip sheets for the last seven (7) days shall be kept with the driver in the vehicle except where the driver is required to file such trip sheets with the company. • VH. VEHICLE TOWING No taxicab shall tow or otherwise transport another motorized vehicle on Airport property. Vehicles may only be towed by commercial towing vehicles designed specifically for this purpose. VIII. RIDERS/TRAINEES A. RIDERS/TRAINEES 1. No taxicab driver picking up passengers at the Airport shall allow riders other than fare paying passengers and those accompanying them to ride in the taxicab, except as authorized by a MAC representative. 2. Drivers in training are not authorized to ride in MAC permitted taxicabs without prior written approval from the Landside Operations Department. 3. Upon a passenger's request, the driver in training must exit the vehicle. IX. RECEIPTS Drivers shall not give airport passengers a payment receipt from any taxicab company • other than the taxi company name on the vehicle. 15 ADDENDUM TO TAXICAB MANUAL DATED 5 -9 -97 ADOPTED 7 -31 -97 • II. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab companies shall adopt a unique and standardized paint scheme so F P q P that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. • • 16 ADDENDUM TO TAXICAB MANUAL DATED 5 -9 -97 • ADOPTED 7 -31 -97 II. VEHICLE STANDARDS AA. VEHICLE APPEARANCE All vehicles in a company must have uniform markings. Except as specifically authorized by the airport director, the only things that may be displayed on the outside of taxicab vehicles are: (1) Required color scheme; (2) Company name; (3) Telephone number; (4) Taxicab number; (5) Other information required by the Ordinance, Manual or other jurisdictions where the taxicab is licensed; (6) Information directly related to service the taxicab is providing, which includes but not limited to information on credit cards, air conditioning, 24 -hour service and non - smoking status. Items that may not be displayed include but are not limited to bumper stickers, decals, placards and advertising. • • 17 EMERGENCY DECLARATION — VOUCHERS Because of the extraordinary circumstances, ALL taxicabs permitted at the airport are required to . accept vouchers as a form of payment on August 28, August 29 and August 30, 1998. Ordinance 81, Section 5.8 states: "Taxicab operation and parking shall at all times be in accordance with requirements established by the Airport Director...." Ordinance 81, Section 5.6a authorizes the Airport Director to modify the Taxicab Manual by emergency declaration. • • 18 ADDENDUM FOUR TO TAXICAB MANUAL DATED 5 -9 -97 • ADOPTED 9 -30 -02 III. VEHICLE STANDARDS AB. AIRPORT ASSIGNED TAXICAB NUMBER 1. Prior to application for the annual taxicab permit Landside Operations will assign the taxicab number for each taxicab. 2. Vehicles that were permitted during the 2001 -2002 permit year will have until January 1, 2003 to change the taxicab number to the Landside Operations assigned taxicab number, or at which time body condition warrants repainting, the vehicle changes ownership or the vehicle changes company affiliation, whichever come first. 3. All new vehicles must display the Landside assigned taxicab number. 4. Effective January 1, 2003 the taxicab number shall be displayed on a Landside approved customer information sign that must be permanently attached to the back of the front passenger's seat. The customer information sign must remain • visibly unobstructed. • 19 ADDENDUM NUMBER FIVE TO TAXICAB MANUAL DATED 5 -9 -97 ADOPTED 09 -30 -02 • H. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab Companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the • Landside Operations Department. 3. Special rules for Taxicab Companies voluntarily adopting the all white paint scheme. A. The "all white" color scheme shall be available to all Taxicab Companies. B. Taxicab companies adopting the "all white" color scheme must meet the following requirements which shall supercede all decal, lettering and color scheme requirements listed elsewhere in this Taxicab Manual. C. The exterior of entire taxicab shall be painted "factory white" to match that color white utilized by the manufacturer during that model year. D. There shall be no other coloring, markings, decals, stickers or striping on the exterior of the taxicab except as noted below. E. The taxicab number shall be displayed in black using decals 8- inches tall by 4- inches wide on both the passenger and driver -side rear quarter panels of the taxicab and must fit within an imaginary rectangle 8- inches tall by 15- inches wide. F. The taxicab number shall be displayed in black using decals 12- inches tall by 6- inches wide directly centered on the hood of the taxicab and must fit within an imaginary rectangle 12- • inches tall by 20- inches wide. G. The taxicab number shall be displayed in black using decals 4- inches tall by 2.5- inches wide on the rear of the taxicab 20 and must fit within an imaginary rectangle 4- inches tall by 9- inches wide. • H. The Taxi Company's, 10 -digit telephone number shall be in black using decals 3- inches tall by 2- inches wide on both front doors of the taxicab. I. The Taxi Company's name and logo shall be displayed on both sides of the taxicab using decals and remain within the boundaries of the front doors in any color(s) that sharply contrast with the factory white body color. I Landside size - approved rate of fare decals shall be displayed in black within 1 -inch of the rear window on each rear door. K. Landside size - approved credit card and non - smoking decals shall be displayed within 1 -inch of the rear window of each rear door to accurately reflect those preferences chosen on the Taxicab Vehicle Permit Application Attachment. L. Vehicles that were permitted during the 2001 -2002 permit year that do not match the company adopted "all white" color scheme will not have to conform to the criteria listed above unless body condition warrants repainting 50% or more of the taxicab exterior, or the vehicle changes ownership, or the vehicle changes company affiliation M. Adoption of the "all white" color scheme is irrevocable. N. Companies currently possessing a Landside approved white color scheme, (i.e. United Taxi and Air Taxi Service • Association), must declare their intention in writing if they wish to adopt the Section Y.3. "all white" color scheme. If they do not they are exempt from all requirements in Section Y.3.. If they do adopt the Section Y.3. "all white" color scheme they must meet all requirements of Section Y.3. O. Taxicabs currently licensed in municipalities requiring painted numbering and lettering will be allowed to use paint instead of decals as referenced above. P. Display of stickers required by municipalities where the taxicab is licensed will be allowed. 21 I ADDENDUM NUMBER SIX TO TAXICAB MANUAL DATED 9 -30 -02 ADOPTED 12 -10 -02 Addendum Number Five is hereby replaced with the following: • II. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab Companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include, but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. 3. Special rules for Taxicab Companies voluntarily adopting the all white paint scheme. • A. A company's all white color scheme must be approved by the Landside Operations Department before any taxicab affiliated with that company is authorized to operate at the Airport as an all white taxicab. All taxi companies adopting the all white color scheme must present 5x7 photos to Landside Operations showing the front, side and rear of one vehicle for approval. All taxicabs affiliated with a company with an all white color scheme must match decal positioning as shown in the photos approved by Landside Operations for that company. All vehicles that were approved by Landside Operations for the all white color scheme prior to December 3, 2002 have until their 2003 St. Paul inspection to match their company's approved all white color scheme. All vehicles approved after December 3, 2002 must match their company's Landside operations approved all white color scheme immediately. B. The "all white" color scheme shall be available to all Taxicab Companies. C. Taxicab companies adopting the "all white" color scheme must meet the following requirements which shall supercede all decal, lettering and color scheme requirements listed • elsewhere in this Taxicab Manual. D. The exterior of entire taxicab shall be painted "factory white" to match that color white utilized by the manufacturer during that model year. E. There shall be no other coloring, markings, decals, stickers or striping on the exterior of the taxicab except as noted • below. F. The taxicab number shall be displayed in black using decals 8- inches tall by 4- inches wide on both the passenger and driver -side rear quarter panels of the taxicab and must fit within an imaginary rectangle 8- inches tall by 15- inches wide. G. The taxicab number shall be displayed in black using decals 12- inches tall by 6- inches wide directly centered on the hood of the taxicab and must fit within an imaginary rectangle 12- inches tall by 20- inches wide. H. The taxicab number shall be displayed in black using decals 4- inches tall by 2.5- inches wide on the rear of the taxicab and must fit within an imaginary rectangle 4- inches tall by 9- inches wide. I. The Taxi Company's, 10 -digit telephone number shall be in black using decals 3- inches tall by 2- inches wide on either both front doors or both back doors of the taxicab. J. The Taxi Company's name and logo shall be displayed on both sides of the taxicab using decals and remain within the boundaries of the front doors in any color(s) that sharply contrast with the factory white body color. K. Landside size - approved rate of fare decals shall be displayed in black within 1 -inch of the rear window on each rear door. • L. Landside size - approved credit card and non - smoking decals shall be displayed within 1 -inch of the rear window of each rear door to accurately reflect those preferences, chosen on the Taxicab Vehicle Permit Application Attachment. M. Vehicles that were permitted during the 2001 -2002 permit year that do not match the company adopted "all white" color scheme will not have to conform to the criteria listed above unless body condition warrants repainting 50% or more of the taxicab exterior, or the vehicle changes ownership, or the vehicle changes company affiliation. N. Adoption of the "all white" color scheme is irrevocable. O. Companies currently possessing a Landside approved white color scheme, (i.e. United Taxi and Air Taxi Service Association), must declare their intention in writing if they wish to adopt the Section Y.3. "all white" color scheme. If they do not they are exempt from all requirements in Section Y.3. If they do adopt the Section Y.3. "all white" color scheme they must meet all requirements of Section Y.3. P. Taxicabs currently licensed in municipalities requiring painted numbering and lettering will be allowed to use paint instead of decals as referenced above. • Q. Display of stickers required by municipalities where the taxicab is licensed will be allowed. R. The Taxi Company's name and 10 -digit telephone number shall be in black using decals no larger than 3- inches tall by 2- inches wide on the rear of the taxicab. 1 • MAC Ordinance No. 81 Effective June 1, 1997 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 81 TABLE OF CONTENTS SECTION 1 - DEFINITIONS 1 SECTION 2 -SCOPE ................... ............................... 3 SECTION 3 - AUTHORITY TO OPERATE ................ . ................... 4 3.1 Taxicab Permit ............. ............................... 4 3.2 - Taxicab Permit Requirements .. ............................... 4 3.3 AVI Tag .................. ............................... 6 3.4 Insurance and Indemnification .. ............................... 6 3.5 Company Requirements ...... ............................... 7 3.6 Two -Way Communication Device ............................... 8 3.7 Owner Information on File with Commission ....................... 9 3.8 Authorized Transfers ......... ............................... 9 • SECTION 4 - TAXICAB DRIVER LICENSING .. ............................... 10 4.1 MAC Driver's License ........ ............................... 10 4.2 MAC Driver's License Requirements ............................. 10 4.3, Renewal ................ ............................... 13 4.4 Driver Information on File with Commission ........................ 13 4.5 Ineligibility ................. ............................... 14 SECTION 5 - TAXICAB OPERATION ....... ............................... 14 5.1 Commercial Lanes .......... ............................... 14 5.2 Taxicab Loading ............ ............................... 14 5.3 Passenger Transportation ..... ............................... 15 5.4 Lost Articles ............... ............................... 15 5.5 Taxilines .................. ............................... 15 5.6 Taxicab Manual ............. ............................... 15 5.7 Compliance with Legal Requirements ............................ 16 5.8 General Taxicab Operation .... ............................... 16 SECTION 6 - TAXICAB FARES ............ ............................... 16 6.1 Rate of Fare ............... ............................... 16 6.2 Airport Use Fee .............. ............................... 17 6.3 Computation of Fares ........ ............................... 17 • 6.4 Taximeter ................. ............................... 17 6.5 Items Displayed in Vehicle ..... ............................... 18 MAC Ordinance N . 81 rd o Effective June 1, 1997 • SECTION 7 - DRIVER CONDUCT .......... ............................... 18 7.1 Solicitation ................ ............................... 18 7.2 Alcohol or Controlled Substance Use ............................ 19 7.3 Smoking .................. ............................... 19 7.4 Weapons ................. ............................... 19 7.5 Prostitution ... ............................... ........... 19 7.6 Discrimination .............. ............................... 19 7.7 Driver Behavior ............. ............................... 20 SECTION 8 - SPECIAL CALL TAXICABS .... ............................... 20 8.1 Picking Up Prearranged Passengers ............................ 20 8.2 Comply with Manual ......... ............................... 20 8.3 Fees ..................... ............................... 20 SECTION 9 -FEES .................... ............................... 21 9.1 Annual Taxicab Permit Fee .... ............................... 21 9.2 AVI Tag Deposit ............ ............................... 21 9.3 MAC Drivers License Application Fee ............................ 22 9.4 Driver Safety and Customer Service Course Fee .................... 22 • 9.5 Transfer Fee ............... ............................... 22 9.6 Late Fee ................... ............................... 22 9.7 Other Fees ................ ............................... 22 SECTION 10 - ENFORCEMENT ........... ............................... 22 10.1 Scope .................... ............................... 22 10.2 Dismissal From Taxiline ........ ............................... 23 10.3 Delayed Suspension Repair Notice .............................. 24 10.4 Immediate Suspensions ....... ............................... 25 10.5 Administrative Fines ......... ............................... 27 10.6 Suspensions .............................................. 28 10.7 Revocations ............... ............................... 29 10.8 Procedure ................. ............................... 31 SECTION 11 - NOTICE .................. ............................... 33 11.1 Notice of Violations .......... ............................... 33 11.2 Posted Notice .............. ............................... 33 SECTION 12 - GENERAL PROVISIONS ..... ............................... 33 12.1 Penalty ................... ............................... 33 12.2 Provisions Severable ......... ............................... 33 S 12.3 Repealer ................................................. 33 12.4 Time Periods .............. ............................... 34 12.5 Effective Date .............. ............................... 34 • MAC Ordinance No. 81 Effective June 1, 1997 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 81 An Ordinance to promote and conserve public safety, health, peace, convenience and welfare and to provide for the equitable allocation of the costs of establishing and maintaining ground transportation facilities at the Airport, by regulating the operation of all Taxicabs at Minneapolis - St. Paul International Airport, Wold- Chamberlain Field, a public airport under the operation, direction and control of the Metropolitan Airports Commission, and repealing Ordinance 79 as it relates to Taxicabs. The Metropolitan Airports Commission does ordain: SECTION 1 - DEFINITIONS 1.1 Air . Minneapolis -St. Paul International Airport, Wold- Chamberlain Field, a public airport under the supervision, operation, direction and control of the Metropolitan Airports Commission, and located in the County of Hennepin and State of Minnesota. • 1.2 Airoort Director. The Commission's administrative officer or the officer's designee and, for purposes of the licensing, permitting and control of Taxicabs and enforcement of this Ordinance, the agent of the Metropolitan Airports Commission, in charge of the Terminal Areas at the Airport. 1.3 Airoort Use Fee. The fee set by the Commission that Taxicab Drivers are authorized to charge in addition to the metered fare in order to recover the cost paid to the Commission for the Taxicab Permit. 1.4 Automatic Vehicle Identification (AVI) Svstem. A radio frequency identification system which includes AVI Tags, readers, a reader - controller, and a central computer. 1.5 AVI Tack. A small device that monitors when Vehicles enter or exit the AVI Commercial Lanes. 1.6 Commercial Lanes Traffic lanes designated by the Airport Director as Permitted Taxi Lanes or areas for use by Special Call Taxicabs. 1.7 Commission. The Metropolitan Airports Commission, a public corporation organized and operating pursuant to Chapter 500, Laws of Minnesota 1943 and amendments thereto. 31 _ • m ..� N . ;l;� N V te,o�61 MAC Ordinance No. 81 • Effective June 1, 1997 1.8 Company. One Taxicab or a group of Taxicabs operating under and displaying a distinct company name that share distinct uniform markings, unique color scheme, telephone number and two -way communication system. 1.9 Drive r. Every person who drives or is in actual physical control of a Taxicab under this Ordinance. 1.10 Dwell Fee. A fee imposed on Special Call Taxicabs for exceeding the prescribed time in picking up passengers or cargo while operating in the Commercial Lanes. 1.11 Executive Director. The Commission's chief executive officer or a designated representative. 1.12 Hearino Officer. The Executive Director of the Commission or his /her designee who shall conduct hearings, hear evidence and make a determination regarding fines, Suspension or Revocation of Taxicab Permits and MAC Drivers' Licenses. 1.13 MAC Driver's License. The driver's license the Commission issues to Taxicab Drivers that allows them to pick up passengers at the Airport through the S Permitted Taxi Lane. 1.14 MAC Representative. Any Person authorized by the Airport Director to direct or coordinate Taxicab operations at the Airport. 1.15 Owne r. The Person who holds the title to a Taxicab Vehicle. 1.16 P r i ed Taxi Lanes. The Commercial Lanes at the Charles A. Lindbergh Terminal and the Hubert H. Humphrey Terminal that Taxicabs permitted under this Ordinance must use to pick up non - prearranged passengers. 1.17 Person Every natural person, firm, partnership, association, corporation or other entity. 1.18 Revocation. The discontinuance of a Person's Taxicab Permit or MAC Driver's License. 1.19 Special Call Taxicab.. A Taxicab that is at the Airport to pick up passengers for a prearranged trip. 1.20 Ski pension. The temporary discontinuance of a Person's Taxicab Permit or MAC Driver's License. • 2 • MAC Ordinance No. 81 Effective June 1, 1997 1.21 Taxicab. Any motor Vehicle carrying passengers for pay or hire to specific destinations requested by passengers upon public streets and upon the streets, avenues and roads of the Airport, and subject to call on or upon such public streets and Airport streets, avenues or roads or from a garage or other established place of business. 1.22 Taxicab Manual. A manual established by the Airport Director that sets forth requirements for the operation of Taxicabs. 1.23 Taxicab Permit. An authorization from the Airport Director issued to a Taxicab Owner that allows the Taxicab to pick up passengers at the Airport through the Permitted Taxi Lanes. One Taxicab Permit is issued per Vehicle to an Owner who complies with the requirements of this Ordinance. 1.24 Taxicab Staoina Area. An area directly adjacent to the Super America facility along Post Road, or as designated by the Airport Director, to provide a staging location for Taxicabs. 1.25 Taximeter. Any instrument or device attached to a Vehicle and designed to measure mechanically the distance travelled by such Vehicle, to record the • time the Vehicle travels or is waiting, and to indicate upon such record, by figure or design, the fare to be charged. 1.26 Vehicle Every device in, upon or by which any Person or property is or may be transported or drawn upon public streets and upon streets, avenues and roads within the Airport. SECTION 2 - SCOPE This Ordinance applies to all Persons and Vehicles engaged in Taxicab transportation at the Airport. Taxicab Owners are responsible for their Taxicab Vehicles and the Drivers of those Vehicles. Taxicab Vehicles are permitted and Drivers are licensed by the Commission to serve the Airport and the traveling public. The Commission does not employ, subsidize or guarantee the profitability of Taxicab Owners or Drivers. • 3 MAC Ordinance No. 81 • Effective June 1, 1997 SECTION 3 - AUTHORITY TO OPERATE 3.1 Taxicab Permit All Taxicabs, except Special Call Taxicabs that use only the cash Commercial Lane, must obtain an annual Taxicab Permit and have an AVI Tag in order to pick up passengers at the Airport. 3.2 Taxicab Permit Requirements Upon application, the Airport Director may issue an AVI Tag and an annual Taxicab Permit to the Owner of a Taxicab when the requirements set forth in this section are met and where the interests of the traveling public and the efficient operation of the Airport are best served by such issuance. The Airport Director may deny requests for Taxicab Permits and AVI Tags where the interests of the traveling public and the* efficient operation of the Airport are best served by such denial. The Airport Director also may limit the number of Taxicab Permits issued in order to promote the efficient operation of the Commission's ground transportation system and to promote orderly traffic flow. All Owners shall maintain these Permit qualifications throughout the Permit year. O a. Ti IP The Taxicab Owner must have title to the Vehicle as evidenced by the certificate of title. b. Licensed by Municioality and Mechanical InSDection The Taxicab Owner must have a current permit or license in good standing for the specific Taxicab Vehicle for which the Taxicab Permit is sought issued by a city, village or other political subdivision of the State of Minnesota ( "municipality "). Such municipality must regulate Taxicabs and be located in the 7 county Minneapolis -St. Paul metropolitan area. The municipality must either require Taxicabs to pass a mechanical inspection substantially equivalent to mechanical inspections required for Taxicabs by Minneapolis or St. Paul or the Taxicab must pass a mechanical inspection as required by the Commission at the Owner's expense. • 4 MAC Ordinance No. 81 • Effective June 1, 1997 C. Insurance The Taxicab Owner must assure that proof of insurance is submitted for the Taxicab as required by Section 3.4. d. Aae of Vehicle For the permitting period June 1 - November 10, 1997, the Vehicle must be model year 1992 or newer; model year 1992 Vehicles are only eligible if they have been previously permitted at the Airport. For the permitting year beginning November 11, 1997, and each subsequent permitting year, take the year in which the permitting period begins and subtract 4 to calculate the oldest model year eligible for permitting. This means 5 model years will be eligible for permitting each year. For example, the model years eligible for permitting in November 1997 will be 1997, 1996; 1995, 1994, and 1993. Therefore, a Vehicle will have had 6 years of eligibility when it reaches the replacement deadline by the end of the permitting year. The 1993 Vehicles that must be replaced in November 1998 were eligible to operate at the Airport during • 1993, 1994, 1995, 1996, 1997, and 1998. e. Vehicle Inspection The Taxicab Vehicle must pass an inspection by the Commission pursuant to standards set out in the Taxicab Manual. Inspection decals shall be issued to indicate the Vehicle has passed the Commission's inspection. Inspection decals shall at all times be affixed to the window of the Taxicab, or to another area prescribed by the Airport Director, so that the inspection decal can clearly be identified from outside the Taxicab. f. Taximeter Calibration Certificate The Taxicab Owner must furnish a current Taximeter calibration certificate at the time of Permit application. • 5 MAC Ordinance No. 81 Effective June 1, 1997 • g. Driver Each Taxicab Owner must designate a Driver(s) who holds a current MAC Driver's License to drive each Taxicab permitted under this Ordinance. The Owner shall provide information to the Commission upon demand regarding who is driving any specific Vehicle for which the Owner has a Taxicab Permit. h. COmDanv The Taxicab Owner- must. be a Company or be affiliated with a Company that meets all the Company requirements of this Ordinance. i. No Past Due Balance A Taxicab Permit shall not be issued to an Owner who has past due fees or fines at the time of Permit application. 3.3 AVI Taq a. Commission PrODertv • An AVI Tag issued to a Taxicab Owner remains the property of the Commission. The AVI Tag shall at all times be affixed in a location that allows the tag to operate properly. Upon expiration or termination of a Taxicab Permit, the AVI Tag shall be returned to the Commission. b. No Unauthorized Transfer An AVI Tag shall only be used in the Taxicab for which it is authorized. 3.4 Insurance and Indemnification a. Commercial Automobile Liability Insurance The Owner shall have commercial automobile liability insurance for each Vehicle in force at all times with minimum coverage limits of either (i) $200,000 bodily injury per person, $600,000 bodily injury per accident, and $200,000 property damage; or (ii) a combined single limit of $1,000,000 for each occurrence. The insurance policy shall name the Commission as an additional insured. The Owner must have a completed insurance certificate evidencing such coverage on file with • 6 i MAC Ordinance No. 81 • Effective June 1, 1997 the Commission at all times. The insurance certificate shall be on the form provided by the Airport Director. Insurance will be provided by a company licensed to write such insurance in the State of Minnesota. Also, liability will not be limited due to insolvency or bankruptcy of the insured. The Commission must immediately be notified in writing that a Vehicle(s) is being deleted from the policy. The Commission must be notified in writing 10 days before a policy may be canceled or changed by endorsement. The Owner will be held responsible if proper notice is not provided by the insurance company. Also, coverage will not be limited in any way when insured Vehicles are driven, used, operated or maintained while the Driver or occupants are under the influence of alcohol or controlled substances (as defined in Section 7.2) or engaged in the illicit transportation of such substances. b. Indemnification The Owner shall indemnify and hold harmless the Commission for the negligent acts of the Owner or Driver with permission, expressed or • implied, of the Owner of all covered Vehicles resulting in personal injury or property damage within the limits of coverage stated herein. 3.5 Comoanv Reauirements a. The Taxicab Owner must be a Company or be affiliated at all times with a Company that meets the following requirements at all times in order to be recognized as a Company. 1. The Company must operate under a distinct Company name. 2. The Company must have the current Company name and telephone number registered with Directory Assistance for Minneapolis or St. Paul. 3. The Company must adopt a unique and standardized color scheme and markings so that passengers may visually recognize the Company. The Company must register the color scheme with the Commission. The Airport Director has final authority to settle any disputes related to the Company color scheme or markings. MAC Ordinance No. 81 Effective June 1, 1997 b. The Taxicab Owner must meet the following requirements at all times. 1. The Owner must operate under the Company name. 2. The Owner must display the Company name and Company telephone number on the outside of the Taxicab. 3. The Owner must paint the Taxicab according to the Company color scheme and markings. Any Taxicab licensed by the Commission in 1996 -97 does not need to comply with this requirement unless ownership of the Vehicle changes or its .Company affiliation changes. 3.6 Communication Device a. Radios 1. Each Taxicab Owner, except as provided below, shall equip each Taxicab with an operable two -way. radio with 24 -hour dispatch service. The radio must be permanently attached to the Vehicle and be turned on at all times when the Driver is in • the Vehicle. 2. Each Owner shall be affiliated at all times with a Company that provides a 24 -hour dispatch service. One or more Companies may jointly operate a dispatch service. b. Independent Owners. 1. "Independent Owner" means an Owner that has one or two Taxicab Vehicles, does not operate under the name of another Company, and is not affiliated with another Company for purposes of the insurance required by Sections 3.4 and 12.5 (this does not preclude Owners who are otherwise Independent Owners from forming an association to purchase the insurance required by Sections 3.4 and 12.5), color scheme, or markings. An Independent Owner must meet all the Company requirements of this Ordinance. 2. An Independent Owner may operate with a cellular phone instead of a radio rovided that an operable cellular hone is in P P P the Vehicle and turned on in order to receive incoming calls at all times when the Driver is in the Vehicle. The cellular P hone 8 MAC Ordinance No. 81 • Effective June 1, 1997 number must be displayed on the outside of the Taxicab. The Owner shall keep the current cellular phone number on file with the Commission at all times. C. Enforcement A Taxicab shall not be allowed to operate without the required communication device. Failure to comply with this Section will result in an immediate suspension under Section 10.a.4 or a.6. and the appropriate penalty as set forth in Schedule II. 3.7 Owner Information on File with Commission a. Owner Information Each Taxicab Owner shall keep a current address and telephone number on file with the Commission at all times. b. COmDanv Information • Each Taxicab Owner shall keep the current name and address of the Company that the Owner is affiliated with on file with the Commission at all times. C. Chanaes Each Taxicab Owner shall provide the Commission written notice of any changes required by this section within 5 days of making the change. d. Enforcement Failure to comply with this Section will result in an Immediate Suspension under Section 10.4. 3.8 Authorized Transfers No Owner may sell or transfer a Taxicab Permit to another Owner. An Owner may transfer a Taxicab Permit from one Vehicle to another subject to procedures set forth by the Airport Director and payment of the appropriate fee. An Owner may transfer a Vehicle from one Company to another, so long as ownership of the Vehicle is not transferred, subject to procedures set forth by the Airport Director and payment of the appropriate fee. • 9 I MAC Ordinance No. 81 Effective June 1, 1997 SECTION 4 - TAXICAB DRIVER LICENSING 4.1 MAC Driver's License No Driver shall operate, and no Owner shall allow a Driver to operate, a Taxicab permitted .under this Ordinance at the Airport without a current, valid MAC Driver's License. The Driver shall display the MAC Driver's License upon demand to a police officer or MAC Representative. MAC Driver's Licenses shall be issued effective from the date of issuance until the first birthday following issuance. However, if the Driver's birthday is within 30 days of initial issuance, the MAC Driver's License will be valid until the following birthday. The Airport Director may limit the number of MAC Driver's Licenses issued in order to serve the public's welfare and .provide for the efficient operation of the Airport. 4.2 MAC Driver's License Reauirements Upon application, the Airport Director may issue a nontransferable MAC Driver's License to a Person who meets the following requirements. All licensed Drivers shall maintain these license qualifications throughout the • term of their MAC Driver's License. a. U.S. Citizen or Riaht to Work The applicant must be a citizen of the United States, or an alien admitted for permanent residence or have .otherwise obtained work authorization from the U.S. Immigration and Naturalization Service. The applicant must provide documentation of such upon request at the time of application' submittal. By federal and state law, social security numbers are required on all such license applications. b. Backg round Check The applicant must not have any of the following offenses as verified by a criminal background check. 1. No convictions in the last 60 months for any of the following offenses involving injury or death, and no convictions in the last 36 months for any of the following offenses not involving injury or death: (i) Hit and run; 10 MAC Ordinance No. 81 • Effective June 1, 1997 (ii) Driving under the influence of alcohol or a controlled substance; (iii) Reckless or careless driving. 2. For original licensure, no more than 2 moving violations in the last 12 months, and no more than 3 moving violations within the last 36 months. For renewal, no more than 2 moving violations in the last 12 months, and no more than 4 moving violations within the last 36 months. 3. No felony convictions in the last 84 months for a sex crime or a crime of violence, and at least 12 months from the date of release from imprisonment for a sex crime or crime of violence. "Sex crime" is any prohibited act that has an element of a sexual nature. "Crime of violence" means any prohibited act that has as an element (a) the use or threat of force or a dangerous weapon or (b) a person (i) committing substantial bodily harm to another, or (ii) committing great bodily harm to another or (iii) causing the death of another. • 4. No felony convictions in the last 60 months for any crime. A MAC Driver's License may be granted to a Person who does not qualify because of b.3. or 4. by submitting to the Airport Director substantial evidence indicating significant improvement of the Person's character and conduct subsequent to the felony conviction. After considering the facts and circumstances of the conviction, the evidence submitted by the Person and any recommendation by the Airport Police Department, the Airport Director may grant a MAC Driver's License. C. Health Status The applicant must possess a current D.O.T. medical card. The D.O.T. medical card must be presented prior to license issuance or renewal and a copy will be kept in the Driver's application file. d. Dnving E xperience Applicant shall have at least 12 month's driving experience in the United States as a licensed Driver and have a valid Minnesota driver's license. Such prior driving experience shall be verified by a background check conducted by the Commission's Police Department. • 11 MAC Ordinance No. 81 Effective June 1, 1997 e. The applicant must be at least 18 years of age. f. Driver Safety and Customer Service Training Each Taxicab Driver shall attend a course designed to improve public service to Taxicab passengers as so approved and when directed by the Airport Director. Proof of course completion must be provided to the Commission. The cost of the course shall be paid by the applicant. Taxicab Drivers shall attend the course when space is available and pass the test (i) prior to receiving their initial MAC Driver's License; (ii) if the Driver receives 3 customer complaints in a 12 -month period; (iii) in conjunction with penalties established in Schedule II where appropriate; and (iv) pursuant to any policy adopted by the Airport Director and incorporated into the Taxicab Manual. Failure to pass the test will result in loss of the MAC Driver's License, and loss of. driving privileges subject to Section 4.5. 9 ie-rA S The applicant must have a demonstrated ability to read, write and speak the English language. In addition, the applicant must have a demonstrated knowledge of the geography and street systems of the seven - county metropolitan area, as well as the location of major attractions within those areas. The applicant must also have a demonstrated knowledge of the provisions of this Ordinance relating to the conduct of Taxicab Drivers and the operation of a Taxicab. The Airport Director shall establish tests to verify these abilities and this knowledge. A Driver must pass the test before receiving a MAC Driver's License. Such tests shall be administered in compliance with the Americans With Disabilities Act. h. Other Reauirements A photograph of each applicant shall be furnished by the Commission without any additional charges. Upon good cause, a fingerprint record will be required by the Airport Police Department. 12 • MAC Ordinance No. 81 • Effective June 1, 1997 i. No Past Due Balance A MAC Driver's License shall not be issued to any Person who has past due fees or fines. 4.3 Renewal a. A MAC Driver's License shall be renewed annually on the birthday of the Taxicab Driver or within 60 days of the Driver's birthday. Drivers that do not renew their MAC Driver's License within that time period will be required to take the Driver Safety and Customer Service course, retake and pass the MAC Driver's License test, and pay the appropriate fees and fines. b. To renew a MAC Driver's License, the Driver must meet all the requirements of Section 4.2 except the Driver Safety and Customer Service Course and the MAC Driver's License test subject to the provisions of Section 4.2.f. C. A temporary MAC Driver's License, not to exceed 30 days, may be • issued pending the background investigation. 4.4 Driver Information on File with -Commission a. Driver Information Each Taxicab Driver shall keep a current residence address and telephone number on file with the Commission at all times. b. Comoanv Information Each Taxicab Driver shall keep the current name of the Taxicab Owner(s) and Company(ies) for which the Person drives on file with the Commission at all times. C. Chanaes Each Taxicab Driver shall provide the Commission written notice of any changes required by this section within 5 days of making the. change. • 13 MAC Ordinance N 1 Effective June 1, 1999 7 d. Enforcement Failure to comply with this Section will result in an Immediate Suspension under Section 10.4. 4.5 Ineliaibilitv a. Failina One Section If an applicant fails 1 section of the Driver Safety and Customer Service Course and associated test, the applicant may retake that section of the course and test. b. Failina Two or More Sections If an applicant fails 2 or more sections of the Driver Safety and Customer Service Course and associated test, the applicant shall wait a minimum of 60 days, or other time period established by the Airport Director for such applicants, to retake the entire course and test. C. False Application • If a MAC Representative determines a false application has been made, the applicant shall wait 6 months before reapplying. A false application is any incorrect statement that could have lead the Airport Director to improperly issue a MAC Driver's License. SECTION 5 - TAXICAB OPERATION 5.1 Commercial Lanes Taxicabs shall only use the Commercial Lanes to pick up passengers at the Airport unless otherwise directed by a MAC Representative. 5.2 Taxicab Loadina A Taxicab Driver shall in all instances in which it is requested or required assist a passenger to enter the Taxicab and to load and unload all property except that a Taxicab Driver shall not be required to lift a passenger or property weighing more than 50 pounds. 14 • MAC Ordinance No. 81 • Effective June 1, 1997 5.3 Passenaer Transportation No Taxicab Driver shall refuse or neglect to convey any orderly Person or Persons and their reasonable property upon request to their destination. "Orderly" means a Person who is not verbally abusive or physical threatening. A Driver who refuses a short trip will be sent to the end of the Taxicab line in the Taxicab Staging Area. A Driver will not be sent to the end of that line because the Driver cannot transport excessive luggage. However, the decision that too much luggage exists must be made before the destination has been discussed. 5.4 Lost Articles The Taxicab Driver shall inspect the Vehicle after the departure of each passenger to ascertain that no article has been left behind. If a passenger leaves an article in the Taxicab, the Driver shall immediately attempt to return it. If the Driver is unable to return the article, the Driver shall immediately notify the Company dispatcher and deliver the article to the Airport lost and found or to the Person acting as Taxicab starter as soon as reasonably • practical. 5.5 Taxilines The Airport Director may establish one or more taxilines at the Lindbergh Terminal and the Hubert H. Humphrey Terminal to ensure that all transportation needs of Persons using the Airport are met. 5.6 Taxicab Manual a. Adoption of Manual The Airport Director has the authority to establish a Taxicab Manual that includes but is not limited to Vehicle standards, taxiline procedures, detailed operational procedures, and administrative issues. Except for emergency declarations by the Airport Director, the Airport Director shall post notice prior to adopting or changing the Taxicab Manual and hold a meeting t which proposed changes will be discussed. 9 P P 9 b. Compliance with Manual Every Person engaged in Taxicab transportation at the Airport shall comply with the Taxicab Manual at all times. • 15 MAC Ordinance No. 81 •' Effective June 1, 1997 5.7 Compliance with Leaal Requirement s a. Laws All Persons and Vehicles engaged in Taxicab transportation at the Airport shall comply with all applicable federal, state and local laws. b. Ord I All Persons engaged in Taxicab transportation at the Airport shall comply with all lawful .orders or directions given by MAC Representatives. C. Compliance Checks MAC Representatives may conduct random, unannounced compliance checks at any time to determine compliance with this Ordinance and the Taxicab Manual. 5.8 General Taxicab Operation Taxicab operation and parking shall at all times be in accordance with e requirements established by the Airport Director. No Taxicab shall be operated so as to obstruct traffic, jeopardize passenger safety or interfere with the efficiency of Airport operations. No Taxicab Owner or Driver shall take any actions that threaten the safety, comfort or convenience of passengers or MAC Representatives or that interfere with the efficiency of Airport operations. SECTION 6 - TAXICAB FARES 6.1 Rate of Fare A Taxicab Driver shall not charge more than the legal fare shown on the Taximeter except as otherwise provided by this Ordinance. The legal rate of fare shall not exceed that authorized by the cities of Minneapolis or St. Paul, whichever is greater. Each Taxicab shall have the rate of fare, including any minimum rate of fare, displayed on the outside of the Vehicle, on both sides, so that it is clearly visible to passengers upon entering the Taxicab. 16 • i MAC Ordinance No. 81 • Effective June 1, 1997 6.2 AirDOrt Use Fee A $2.00 Airport Use Fee will be added to the final metered rate for trips originating from the Airport. The amount of the Airport Use Fee may be adjusted annually by the Commission to recover the cost paid to the Commission for the Taxicab Permit based on the average annual number of trips per Taxicab Vehicle (rounded to the nearest $.25 increment for ease of collection), except that it shall not be reduced below $2.00. The Driver may only charge one Airport Use Fee regardless of the number of passengers. 6.3 Computation of Fares Taxicab Drivers may only charge one fare per Taxicab trip to the passenger or passengers they are transporting, whether or not the passengers are traveling to the same destination, except in the limited circumstances of MAC Representative- directed multiple loading. A Taxicab trip originates from the Airport and concludes when the last passenger has been dropped off at the passenger's destination. One fare means the final rate on the Taxicab meter plus one Airport Use Fee. • MAC Representative- directed multiple loading occurs in circumstances such as weather emergencies, extremely heavy passenger traffic, or when there is a limited number of Taxicabs available. When MAC Representative - directed multiple loading is utilized, any waiting passenger has the right to refuse multiple loading, may command the Taxicab's immediate departure, and shall not be caused undue delay. In cases of MAC Representative - directed multiple loading, each passenger pays the full fare, but only one Airport Use Fee may be charged for the Taxicab trip. No passenger, however, shall be required to pay a higher fare than if that passenger had sole use of the Taxicab. 6.4 Taximeter Every Taxicab shall be equipped with a Taximeter in good working order equipped to measure the rate of fare which may legally be charged, and equipped with a light so placed as to enable the passengers at all times to see the fare registered. The Taximeter shall be so equipped that it is not capable of altering the legal fare shown on the meter. The Taximeter must be operating at all times when the Taxicab is engaged. Each Taximeter shall be inspected annually by a meter repair establishment acceptable to the Commission who will calibrate the meter to the rate of fare which may legally be charged. Written documentation of the calibration shall • 17 I MAC Ordinance No. 81 Effective June 1, 1997 • be provided to a MAC Representative as required by Section 3.2.f. A MAC Representative may waive this requirement if the meter has previously been calibrated by another licensing agency within the calendar year, by an establishment acceptable to the Commission. 6.5 Items Disolaved in Vehicle The following items shall be displayed in the Taxicab at all times in a position that is plainly visible to passengers seated in the Vehicle: a. A printed card and /or decal containing the permit or license of the city, village or other political subdivision pursuant to which the Taxicab is operated; b. The rate of fare the Taxicab is authorized to charge under this Ordinance; C. Current Airport Use Fee card issued by the Commission informing the public of the Taxicab's authorization to charge the Airport Use Fee and the amount of that charge; d. MAC Driver's License located next to the Taximeter. • SECTION 7 - DRIVER CONDUCT 7.1 Solicitation No Person shall solicit the business of carrying passengers for hire in any Taxicab and no Taxicab shall be driven within the limits of the Airport for the purpose of soliciting the carrying of passengers for hire. No Taxicab Driver shall provide any payment to any skycap, MAC Representative, bartender or any other Person in return for the referral of passengers or preferential treatment. "Solicitation" means to directly or indirectly, actively or passively, openly or subtly, ask, request, plead for, seek, or try to obtain passengers for hire in a Vehicle, whether or not by the Owner or Driver of such Vehicle. This includes any effort by use of voice, movement of body or by mechanical contrivance of whatever sort to call attention to the availability of a Vehicle to carry a passenger or baggage for hire. The fact that a Vehicle displays a mechanical device to indicate that such Vehicle is not engaged is not considered solicitation. 18 • MAC Ordinance No. 81 • Effective June 1, 1997 7.2 Alcohol or Controlled Substance Use No Taxicab Driver shall possess, consume or be under the influence of alcohol or a controlled substance while on duty at the Airport. No Taxicab Driver shall consume alcohol or a controlled substance within 4 hours of beginning a shift at the Airport. "Controlled substance" has the meaning given in Minnesota Statutes Section 152.01, subd. 4 or as amended. 7.3 Smoking No Taxicab Driver shall have in his r her o possession a lighted cigarette, cigar, pipe, or light or smoke same while driving a Taxicab which is occupied by a passenger unless such passenger shall have first granted permission to do so. 7.4 Weapons No Taxicab Driver shall have in his or her possession while operating a Taxicab at the Airport any firearm, knife with a blade length in excess of 4 inches, or any assault weapon., • 7.5 Prostitution No Taxicab Driver shall allow any Person to occupy or use such Vehicle for the purpose of prostitution. No Taxicab Driver shall direct or offer to direct any Person to any place or Person for the purpose of prostitution, or to transport any Person to any building, place or other Person with knowledge or reasonable cause to know that the purpose of such transportation is prostitution. 7.6 Discrimination No Taxicab Driver shall discriminate against any Person based on race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age. • 19 MAC Ordinance N 1 Effective June 1, 1999 7 7.7 Driver Behavior A Taxicab Driver shall at all times be courteous when dealing with the public or any MAC Representative. A Taxicab Driver shall not use profane or threatening language or gestures directed at or in front of any passenger or MAC Representative. No Taxicab Driver shall interfere with any other authorized Driver with whom any Person is negotiating or inquiring about the transportation of Persons or property. SECTION 8 - SPECIAL CALL TAXICABS 8.1 Pickina Uo Prearranaed Passengers Special Call Taxicabs, whether or not permitted by the Commission, may pick up passengers at the Airport using the areas designated by the Airport Director. 8.2 ComDly with Manual Special Call Taxicabs and Drivers shall comply with Special Call provisions of the Taxicab Manual and any direction of MAC Representatives. 8.3 Fees Special Call Taxicabs not permitted by the Commission shall use the cash Commercial Lane and pay the Cash Lane Trip Fee or Cash Lane Lost Ticket Fee set forth in Schedule I. Special Call Taxicabs not permitted by the Commission remaining in the lane longer than the dwell time set forth in Schedule I shall pay a Dwell Fee as set forth 'in Schedule I. Taxicabs permitted by the Commission are not subject to the Dwell Fee. The Airport Director may increase or decrease the Dwell Fee or the dwell time set forth in Schedule I as needed in order to ensure that commercial roadways operate free of congestion, and may do so to reflect different levels of congestion that may occur during the day. The Airport Director may adjust the Cash Lane Trip Fee and Cash Lane Lost Ticket Fee to match the fees paid by other Vehicles that use the Cash Lane. 20 • • MAC Ordinance No. 81 Effective June 1, 1997 SECTION 9 - FEES 9.1 Annual Taxicab Permit Fes a. Taxicab Permit Year Each Taxicab Owner shall pay a nonrefundable Taxicab Permit Fee for use of the Permitted Taxi Lanes in order to support the costs described in Section 9.1.b. An annual Taxicab Permit Fee for each Taxicab Vehicle shall apply to the period from November 11 to November 10 of each year or as otherwise established by the Commission. The fee shall be paid in full at the time of application for the Taxicab Permit. b. Establishment of Fee For the periods June 1 to November 10, 1997 and November 11, 1997 to November 10, 1998, the Taxicab Permit Fee shall be as set forth in Schedule I, which reasonably recovers 80% of Taxicabs' proportionate share of the year's budgeted costs as defined below. For each subsequent year the Commission shall establish the Taxicab Permit Fee • to reasonably assure recovery of 100% of such budgeted costs. The amount shall be rounded to the nearest $25.00 increment. When determining budgeted costs, the Commission shall take into consideration among other things, actual historical costs, operational costs, administration, depreciation, and interest attributable to the Airport terminal roadway system and the commercial ground transportation facilities, and the previous years' historical data regarding the numbers of trips by class of Vehicle. The fees shall be established by the Commission at public meetings with notice provided in accordance with Section 11. 9.2 AVI Taa De cam' The AVI Tag deposit shall be as set forth in Schedule I. The deposit is refundable if the AVI Tag is returned to the Commission in good condition within 60 days following the expiration or termination of the Taxicab Permit. • 21 MAC Ordinance No. 81 Effective June 1, 1997 I 9.3 MAC Driver's License ADDlication Fee The annual MAC Driver's License Application Fee shall be as set forth in Schedule I. The fee shall be paid at the time the application is filed and is nonrefundable. 9.4 Driver Safetv and Customer Service Course Fee A fee for the Driver Safety and Customer Service Course will be charged so that the Commission recovers the cost of providing the course. 9.5 Transfer-Fee The transfer fee shall be as set forth in Schedule I. 9.6 Late Fee A late fee of $5.00 or 1% per month on past due balance, whichever is greater, shall be charged on any past due balances. 9.7 Other Fees • The Commission has the authority to adjust any of the fees in this section annually when setting the Taxicab Permit Fee; notice shall be provided as in Section 11. The Airport Director has the authority to establish other fees that cover reasonable administrative costs for services provided to Taxicab Owners or Drivers. SECTION 10 - ENFORCEMENT 10.1 Scope a. Violations The sanctions set forth in this section shall apply to Persons committing any of the following (hereinafter referred to as "violations "): 1. Violations of this Ordinance, the Taxicab Manual, or any laws or regulations expressly incorporated by this Ordinance; 2. Violations of any Ordinance of the Commission for which a criminal penalty may be imposed; 22 MAC Ordinance No. 81 • Effective June 1, 1997 3. Violations while on Airport property of any law of the State of Minnesota or the United States for which a criminal penalty may be imposed. b. Penalties Penalties for violations shall be as set forth in this Ordinance and Schedule II. The Commission at public meetings may review and change Schedule II annually or as it deems necessary. Notice shall be provided as required in Section 11. It is anticipated that changes to Schedule II would be recommended through the Taxi Advisory Committee, staff, Commissioners or other interested and affected parties. C. Enforcement Enforcement of this Ordinance shall be done in a uniform and nondiscriminatory manner. 10.2 Immediate Dismissal From Taxiline • a. Conduct MAC Representatives may immediately dismiss from the taxiline any Driver or Vehicle on the grounds that, in the judgment of the MAC Representative: 1. The Driver or the Owner of the Vehicle is engaged in behavior in the taxiline which amounts to a violation and which is disruptive of the efficient operation of the taxiline. 2. The Driver is driving a Vehicle in the taxiline which is in violation of standards which relate to the ability of the Vehicle to safely convey passengers. 3. The Driver has violated taxiline procedures and has taken an improper position in the taxiline. b. Other Actions Not Precluded Any Immediate Dismissal from the taxiline shall be without prejudice to other enforcement actions taken under this section and Schedule II. • 23 MAC Ordinance No. 81 Effective June 1, 1997 C. Limitations On Immediate Dismissal An Immediate Dismissal shall be imposed for one trip through the taxiline only, provided that subsequent violations of the type contained in a.1., 2. or 3. above may result in subsequent Immediate Dismissals. 10.3 Delaved Suspension Repair Notice a. Conduct MAC Representatives may issue to the Driver and the Owner of any Vehicle a Delayed Suspension Repair Notice upon observing that the Vehicle is in violation of the Vehicle standards contained in this Ordinance or the Taxicab Manual, but which do not relate to the ability of the Vehicle to safely convey passengers. b. Contents of Notice The Delayed Suspension. Repair Notice shall set forth: 1. The nature of the violation(s). • 2. The date on which the violation(s) took place. 3. The date by which the repair of such violation(s) must take place (repair date "), which shall be up to 30 days from the date of the violation. 4. Notice that the Permit for the Vehicle shall be suspended, and its AVI Tag deactivated, on the repair date without further notice unless the Vehicle has passed inspection by a MAC Representative. C. Duration A Suspension pursuant to a Delayed Suspension Repair Notice shall be for such time until the Vehicle passes an inspection by a MAC Representative. • 24 • MAC Ordinance No. 81 Effective June 1, 1997 d. Other Actions Not Precluded Any Delayed Suspension Repair Notice shall be without prejudice to other enforcement actions taken under this section and Schedule II. e. Review Any Delayed Suspension Repair Notice shall be reviewable by the Airport Director upon written request. 10.4 Immediate SUSDensions. a. Conduct The Manager of the Landside Operations Department (or its successor) or designee may immediately suspend a Taxicab Permit(s) or MAC Driver's License for the following reasons: 1. Failure by an Owner to keep current the information required by Section 3.7 or failure by a Driver to keep current the information • required by Section 4.4. 2. Failure by an Owner to respond to telephone communications by the Commission within 12 hours, provided that the Commission has attempted to establish telephone contact by: (1) calling the Company through which the Owner has radio dispatching or is affiliated with; and (2) calling the Owner at the telephone number on file with the Commission. The 12 -hour period shall commence when steps (1) and (2) of this paragraph have been completed. 3. Failure by a Driver to respond to telephone communications by the Commission within 12 hours, provided that the Commission has attempted to establish telephone contact by: (1) calling the Company through which the Commission reasonably believes the Driver is operating; and (2) calling the Owner of the Vehicle through which the Commission reasonably believes the Driver is operating at the telephone number on file with the Commission; and (3) calling the Driver at the telephone number on file with the Commission. The 12 -hour period shall commence when steps (1), (2) and (3) of this paragraph have been completed. • 25 MAC Ordinance No. 81 Effective June 1, 1997 e 4. Failure by an Independent Owner to keep a current cellular phone number on file as required by Section 3.6.b. 5. Failure by an Owner to pay in full an outstanding balance for any fees that are at least 60 days past due or fines that are not paid within the time specified by the Ordinance. 6. Violations where the failure to immediately suspend would jeopardize the health, safety or welfare of the traveling public. b. Immediate Suspension Order Upon finding cause for such Immediate Suspension, the Manager of the Landside Operations Department (or its successor) or designee shall immediately issue a written Order of Immediate Suspension to the Owner or Driver depending on the nature of the violation. The Immediate Suspension Order shall state the grounds for the Suspension and inform the Owner or Driver that he or she may present additional information to the Airport Director, if he or she chooses to request that the Airport Director vacate that order. If such additional information is presented to the Airport Director, the • Director shall consider such information and shall promptly affirm or vacate the Order of Immediate Suspension. C. AVI Taa Deactivation Upon the issuance of an Order for Immediate Suspension, the Commission may deactivate the AVI Tag for one or more of the Owner's Vehicles. Where the Immediate Suspension is for Driver conduct for the reasons stated in Paragraph a.1. or 3. above, the Commission may deactivate the AVI Tag of the Vehicle which the Commission reasonably believes the Driver is operating. For violations of Paragraph a.1. above, if mail is returned to the Commission for bad address, the AVI Tag will be deactivated at the time mail is returned. For any other information required by Sections 3.7 or 4.4, the Commission shall wait 5 days from the time the Commission received actual knowledge that the information was inaccurate before deactivating the AVI Tag, unless the AVI Tag is deactivated pursuant to Paragraphs a.2., 3., or 4., above. 26 MAC Ordinance No. 81 . Effective June 1, 1997 d. Immediate Suspension Duration Where the Immediate Suspension is for the reasons stated in Paragraph a. 1., 2., 3., 4., or 5 above, the Immediate Suspension shall end and the AVI Tag shall be reactivated as soon as practical (but not later than the next business day) upon remediation of the reasons for the Immediate Suspension. Where the Immediate Suspension is for the reasons stated in Paragraph a.6. above, the Immediate Suspension shall be for such time as the Manager of the Landside Operations Department (or its successor) or designee determines that there continues to be a threat to the health, safety and welfare of the public; provided that if the Immediate suspension period shall exceed 7 days after issuance of the Order of Immediate Suspension, the Airport Director shall initiate proceedings for Suspension or Revocation through issuance of an appropriate notice. 10.5 Administrative Fines a. Amount • Administrative Fines shall be imposed for violations of this Ordinance and the Taxicab Manual as set forth in Schedule II. b. Notice of Assessment Any person authorized by the Airport Director shall have the authority to issue a Notice of Assessment of fines to the Owner and /or Taxicab Driver who is the violators). The Notice of Assessment shall state: 1. the nature of the violation; 2. the date on which the violation occurred, 3. the amount of the fine; and 4. the date of the Notice of Assessment. • 2 7 MAC Ordinance No. 81 Effective June 1, 1997 • C. Pavment Payment of fines must be received within 15 days of the date on which the Notice of Assessment is dated, or where a hearing is requested, within 15 days of the date of the Commissions final action affirming the Notice of Assessment under Section 10.8. 10.6 Suspensions a. Conduct Taxicab Permits and MAC Driver's Licenses may be suspended for any one of the following reasons: 1. Repeated violations for which fines have been assessed, as set forth in Schedule II. 2. Violations for which Suspension is specified in Schedule II. 3. Violations which are aggravated in nature by their adverse impact on the orderly delivery of ground transportation services • to the public or the efficient operation of the airport. b. Notice of Suspension The Airport Director shall have the authority to issue a Notice of Suspension. The Notice of Suspension shall set forth: 1. the nature of the violation(s) which is the reason for the Suspension; 2. the date of the violation (s) 3. the length of the Suspension; 4. the date on which the Suspension shall commence; 5. the date of the Notice of Suspension; and 6. the right to a hearing. The Airport Director shall review any report brought to his /her attention and may conduct additional investigation into such facts as deemed 28 • • MAC Ordinance No. 81 Effective June 1, 1997 necessary in order to determine whether there are grounds for issuance of a Notice of Suspension. A Suspension shall commence not earlier than 15 days from the issuance of a Notice of Suspension or, where a hearing is requested, the final action of the Commission sustaining the Suspension under Section 10.8. C. Duration The Suspension shall be for the period .stated in Schedule II, where specified, or for such time as is ordered by the Airport Director not to exceed 6 months. d. AVI Taa Deactivation Upon the commencement of a Suspension, the Commission may deactivate the AVI Tag(s) for the Owner's affected Vehicle or Vehicles for the length of the Suspension. 10.7 Revocations • a. Conduct Taxicab Permits and MAC Driver's Licenses may be revoked where any one of the following exist: 1. A violation(s) for which a Notice of Suspension may issue where the violator has had a previous Suspension within 12 months prior to the violation. 2. Violations for which Revocation is specified in Schedule 11. 3. Violations that indicate a willful or reckless disregard for, and which has an immediate impact on the health, safety or welfare of the public. b. Notice of Revocation The Airport Director shall have the authority to issue a Notice of Revocation. The Notice of Revocation shall set forth: 1. the nature of the violation(s) which is the reason for the Revocation; 2. the date of the violation(s); 29 MAC Ordinance No. 81 Effective June 1, 1997 e 3. the length of the Revocation; 4. the date on which the Revocation shall commence; 5. the date of the Notice of Revocation; and 6. the right to a hearing. The Airport Director shall review any report brought to his/her attention and may conduct additional investigation into such facts as deemed necessary in order to determine whether there are grounds for issuance of a Notice of Revocation. A Revocation shall commence not earlier than 15 days from the i ion r where a hearing is om a ssuance of the Notice of Revocation o , g requested, the final action of the Commission sustaining the Revocation under Section 10.8. C. Duration 1. MAC Driver's License After a MAC Driver's License has been revoked, the Taxicab • Driver shall not be eligible to apply for another MAC Driver's License for a period of 2 years from the date Revocation commences. 2. Taxicab Permit In the event that any or all of the Taxicab Permits of an Owner are revoked, the Owner shall be eligible to apply for new Taxicab Permits as follows: (i) In the event that fewer than all Taxicab Permits of an Owner are revoked, for a period of 2 years after the date on which the Revocation commences, the total number of Taxicab Permits which the Owner is eligible to hold shall be the number of Permits held prior to the Revocation minus the number of Permits revoked. (ii) In the event that all Taxicab Permits of an Owner are revoked, such Owner shall not be granted any Taxicab Permit for any Vehicle for a period of 2 years from the date on which the Revocation commences. 30 • MAC Ordinance No. 81 • Effective June 1, 1997 d. Multiple Permits Where an Owner has more than one Taxicab Permit, only the Permit for the Vehicle involved in the violation shall be revoked. If the violation(s) giving rise to the Revocation involves conduct or policies involving all of the Vehicles of the Owner, all of his /her Airport Permits shall be revoked. Conduct or policies involving _all of an Owner's vehicles includes but is not limited to: 1. violations which have the potential to place in imminent jeopardy the safety and well -being of others; or 2. violations involving dishonesty, fraud or corruption; or 3. violations where the Owner has knowingly or with reckless disregard allowed Vehicles to be operated by Drivers who do not hold valid MAC- Driver's Licenses; or 4. more than 2 insurance violations and where one -third or more of the Owner's Vehicles have been operated without • the insurance required by this Ordinance during any 12- month period. 10.8 Procedure a. The procedures herein shall apply to Persons receiving a Notice of Assessment, Suspension, Revocation, or loss of License under Section 4.2.f, but shall not apply to a Dismissal From Taxiline, Delayed Suspension Repair Notice or Order for Immediate Suspension. b. Any Person receiving a Notice of Assessment, Suspension or Revocation may request a hearing before a Hearing Officer. Such request must be made in writing and received by the Airport Director within 15 days after the Notice of Assessment, Suspension or Revocation has been issued. C. If the Person requests a hearing, the Airport Director shall so advise the Executive Director, who shall appoint a Hearing Officer to conduct the hearing. The Hearing Officer shall set a time for such hearing to be held as soon as practical. The Airport Director shall notify the Owner or Driver of the time and place of the hearing not less than 5 days before the time set for the hearing. • 31 MAC Ordinance No. 81 Effective June 1, 1997 • d. The hearing shall be conducted by the Hearing Officer, shall be recorded by electrical or mechanical recorder or by a qualified reporter, and shall proceed as follows: 1. The Airport Director shall present evidence which supports the facts constituting grounds for the Notice. 2. The Person requesting the hearing may appear in person, may be represented by counsel, may cross - examine Airport Director's witnesses who are present, and may present any relevant evidence which the Owner or Driver has relating to the facts constituting grounds for the Notice. The evidence at the hearing shall be limited to that which is relevant to the facts constituting grounds for the Notice. 3. All testimony shall be taken under oath, but both the Airport Director. and the Person requesting the hearing may introduce testimony under oath in the form of sworn statements if witnesses are unavailable or refuse to appear in person. 4. The Hearing Officer shall hear the evidence and shall make • recommended findings concerning the facts relevant to the violation(s) set forth in the Notice. The Hearing Officer shall make no determination concerning the penalty set forth in the Notice, nor shall the Hearing Officer make recommended findings concerning any substantive issue other than the facts underlying the Notice. 5. The Hearing Officer shall issue a report in writing stating his /her recommended findings as soon as practical following the hearing. 6. Either the Airport Director or the Person requesting the hearing may request review of the Hearing Officer's report by the Executive Director. The review must be requested by filing with the Executive Director a written Request for Review within 10 days of the date of the Hearing Officer's report. The Request for Review must state reasons for reversing or vacating the report. The party not requesting review may submit a written Response to the Request for Review within 10 days of the date of the Request for Review. Based on the record of the hearing, the Request for Review and the Response, the Executive Director shall issue a written ruling that affirms, reverses or vacates the Hearing Officer's report. The Executive Director may order remand to a Hearing Officer for a new hearing, a supplemental hearing and /or for additional findings. 9 PP 9 9 32 • I MAC Ordinance No. 81 • Effective June 1, 1997 7. Where review is requested, the Executive Director's ruling shall be the final action of the Commission. Where review is not requested within 10 days as set forth in Section 10.8.d.6., the Hearing Officer's report shall be the final action of the Commission. SECTION 11 - NOTICE 11.1 Notice of Violations Notice as required by Section 10, or any other notice required by this Ordinance to be given to an individual, is sufficient if delivered in person, sent by U.S. mail to the last address on file with the Commission, or transmitted by fax. Time of "issuance" means when the notice is hand delivered, placed in the mail, or faxed. 11.2 Posted Notice Notice of Commission meetings to review Schedules I or II, notice of meetings, and notice of issues that affect numerous Taxicab Owners or Drivers shall be sufficient if posted at the Super America on Post Road or other location reasonably . calculated to provide notice. Changes to Schedules I or II that require 9 � q • Commission action) shall be posted in such manner 30 days prior to implementation. SECTION 12 - GENERAL PROVISIONS 12.1 Penaltv Any Person violating any of the provisions of this Ordinance shall upon conviction be punished by sentence within the parameters of the maximum penalty for misdemeanors set forth in Minn. Stat. § 609.03 or as amended. 12.2 Provisions Severable If any part of this Ordinance shall be held unconstitutional or invalid, this does not affect the validity of the remaining parts of this Ordinance. The Commission declares it would have passed the remaining parts of this Ordinance without the unenforceable provisions. 12.3 Repealer As of the effective dates of this Ordinance, Ordinance No. 79 as it relates to Taxicabs is revoked. Ordinance 79 remains in effect for all other Commercial Vehicles. • 33 MAC Ordinance No. 81 O Schedule Adopted April 1997 SCHEDULE II Violations are cumulative by category and all categories are tracked for a 12 month consecutive period. Fines will be assigned to each Person/Vehicle involved in the incident. In addition to the penalties established in this Schedule, the Airport Director may require a Driver to attend remedial training, such as the Driver Safety and Customer Service Course and test, in appropriate situations at the Driver's expense if the Airport Director determines performance may be improved. (See Section 4.2f.) Cateaory A: First offense in this category warning, second offense fine, third offense fine doubles, fourth offense suspension, fifth offense suspension doubles, sixth offense revocation. Cateaory No warning, first offense in this category fine, second offense suspension, third offense revocation. Cateaory C: No warning, first offense in this category suspension, second offense revocation. Cateaory D: No warning, first offense in this category revocation. Vehicle Owners are responsible for oavina all fines. Responsible Party Codes identify which individual would be held responsible for accumulating offenses. D = Driver, O = Owner, E = Either the Driver or Owner, whoever is determined responsible. If both are determined to be responsible, both will be held accountable. Applicable Length of • Cateaory A Section Fine Susoension Party Al Driver not with Vehicle in areas where Manual $25.00 1 Week D required to stay with Vehicle A2 Taxi Trunk Cluttered/Dirty Manual $25.00 1 Week D A3 Taxi Front Seat Cluttered Manual $25.00 1 Week D A4 Interior /Exterior Dirty Manual $25.00 1 Week O A5 Obstructing Roadways and/or Double Parking Ord 5.8 $50.00 30 Days D A6 Discourteous Behavior, Use of Profane or Threatening Language to Passengers,MAC Employees, MAC Agents, and Other Drivers Ord 7.7 $50.00 1 Week E A7 Missing Equipment Manual $50.00 30 Days O • MAC Ordinance No. 81 • Schedule Adopted April 1997 Cateoory B B1 Overcharging Passengers Ord 6.1,6.2, $50.00 30 Days D (Driver must also pay restitution) 6.3,6.4 B2 Violations of MAC Ordinance, Taxicab Manual Not Specifically Mentioned All $50.00 30 Days E B3 Driver Operating without a valid MAC Driver's License Ord 4.1 $200.00 60 Days E B4 Soliciting / Loading in Improper Area Ord 5.1,71 $500.00 1 Year D B5 Driver /Owner Refusing to Comply With MAC Representative Instructions Ord 5.7.b $100.00 30 Days D B6 Unloading in Improper Area Ord 5.8 $100.00 30 Days D B7 Bypassing Holding, Staging, or Loading Area Manual $100.00 30 Days D • B8 Failure to display required items Ord 6.5 $100.00 30 Days O B9 No /Incomplete Trip Sheets Manual $100.00 30 Days D B10 Vehicle Operating Without Inspection Decal Ord 3.2.e $200.00 60 Days O B11 Unauthorized Company Transfer Authorized Vehicles Ord 3.8 $100.00 60 Days O B12 Careless /Reckless Driving Ord 5.7,5.8 $100.00 30 Days D B13 Radio /cell phone violations Ord. 3.6, 12.5 $200.00 30 days O Category C C1 Conduct Which Interferes With or Threatens the Safety of Passengers Ord 5.8 30 Days E C2 Conduct Which Interferes With or Threatens the Operational Efficiency of the Airport Ord 5.8 30 Days E C3 Discrimination Ord 7.6 30 Days E C4 Unauthorized AV[ Tag Transfer Between Authorized Vehicles Ord 3.3, 3.8 120 Days 0 MAC Ordinance No. 81 Schedule Adopted April 1997 • SCHEDULE I SCHEDULE OF FEES Taxicab Permit June 1 - November 10, 1997 $625.00 November 11, 1997 - November 10, 1998 $1,500.00 AVI Tag Deposit $50.00 MAC Driver's License Application Fee $25.00 Transfer Fee $75.00 Late Fee $5.00 or 1% per month on past due balance, whichever is greater Cash Lane Trip Fee* $5.00 Cash Lane Lost Ticket Fee* $30.00 S Cash Lane Dwell Rate* 0 - 10:59 minutes $0.00 11:00 - 20:59 minutes $1.00 each additional 10 minute increment $2.00 Fees are subject to annual review by the Commission according to Section 9 *These Special Call Taxicab Fees may be adjusted periodically by the Airport Director under Section 8.3. Check with Landside Operations for current amounts. a:SCHED.1 • MAC Ordinance No. 81 Effective June 1, 1997 12.4 Time Periods The time periods set forth in this Ordinance shall be based on calendar days unless otherwise specified. 12.5 Effective Dates The Ordinance is effective June 1, 1997 except as provided below. a. Section 3.6 is effective for the Permitting ' year beginning November 11, 1997. For the Permitting period June 1 - November 10, 1997, each Taxicab shall be equipped with an operable two -way radio with 24 -hour dispatch service or a cellular phone. This two -way communication device shall be turned on at all times while the Driver is in the Vehicle. If a cellular phone is used, the cellular phone number shall be kept on file with the Commission at all times. b. Section 3.4.a. is effective May 11, 1998. From June 1, 1997 - May 10, 1998, the Owner shall have in force insurance with minimum coverage of $100,000 bodily injury per person, $300,000 bodily injury per accident, and • $100,000 property damage and comply with all other requirements of Section 2.9 of MAC Ordinance 79. � ti93o � - 1Z3 �ry f' x°91 0 Ln a� WME • 6i �9�yr aAsched.2 34 8L MAC Ordinance No. 81 Schedule Adopted April 1997 • C5 Unauthorized Owner Transfer Ord 3.8 120 Days O C6 Terroristic Threats Ord 5.7.a 120 Days E C7 Operating Without Insurance Ord 3.4, 12.5 180 Days O Cateaory D D1 Unauthorized Vehicle Ord 3.1, 3.2, 3.3 Revocation E D2 Manipulating AVI Tags to Reduce or Eliminate Dwell or Trip Charges Ord 3.3 Revocation O D3 Bring Weapons onto MAC Property Ord 7.4 Revocation E D4 Alcohol /Controlled Substance violations Ord 7.2 Revocation D Schedule II is subject to change by Commission action according to Section 10.1. a:sched.2 • City Council Agenda Item No. 10a PROCLAMATION DECLARING MAY 3, 2003, TO BE A DAY OF SPIRITUAL REDEDICATION • AND PRAYER IN BROOKLYN CENTER WHEREAS, in 1952, an event was inaugurated by Christian Leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the annual National Prayer Breakfast has become a national time for the rededication of the individual and the nation to God; and WHEREAS, many states and local communities have sponsored similar events at the state and local level; and WHEREAS, a volunteer committee of concerned citizens has j oined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center Community Prayer Breakfast for a similar rededication of local community leaders, business representatives, our City, and its citizens to high Judeo - Christian ideals; and WHEREAS, the committee is planning the 25 Annual Brooklyn Center Community Prayer Breakfast, the oldest contiguous prayer breakfast in the State of Minnesota, on the 3 rd day of May, 2003, at the Earle Brown Heritage Center, entitled, "A Heart of Prayer for the City "; and WHEREAS, the committee acknowledges our dependence upon God in our personal lives and in the life of our City; and • WHEREAS, the breakfast will emphasize prayer in our individual lives, in the life of and for our community, and in the life of our nation. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim that Saturday, May 3, 2003, be designated as a Day of Spiritual Rededication and Prayer in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and join in quiet reverence and dedication; and that it calls upon the citizens of Brooklyn Center, youth and adults, to join with hundreds of their friends, neighbors, and fellow citizens at the 25 Annual Brooklyn Center Community Prayer Breakfast on Saturday, May 3, 2003, at our historic Earle Brown Heritage Center. I further encourage our churches to particularly pray for our community in their worship services during the week of April 27, 2003, which also includes The National Day of Prayer on Thursday, May 1, 2003. Date Mayor Attest: City Clerk • City Council Agenda Item No. 10b Police Department's Reorganization Plan I Purpose The reorganization plan being presented is directqd toward improving operations responsiveness Improving Operations • Improves the flow of information up and down the chain of command • Balances the structure of the organization to insure decisions are made at the proper level and management span of control is equally divided ' • Personnel are use in a more efficient and effective manner •Cost effective � Respo The'rporganization plan provides the essert fiial structure for the new Crime Reduction Strategy that moves the departmentfrorn the traditional reactive organization to a proactive organization Using the reorganization as a base, the CRS inc/orporates five other objectives: 1. Crime Mapping 2. Area Management Teams 3. Internal Monthly Meetings 4. Directed patrol Management 5. Community Association Meetings i Reorganization Recommendations I Ii Positions of Vacant Captain and Administrative Sergeant become 2 Lieutenant positions All support staff put under direct responsibility of Administrative Manager Sworn officer from Patrol becomes assigned to Drug Task Force Crime prevention duties,become assigned to NI-Os. Eliminates the sworn Crime Prevention Officer and gives each sector a NLO for code / enforcement and crime pr7ention duties. % Reassign the Training /Relief Sergea t from Patrol to oversee the supervisory and management duties of the Dete ive unit. ' Chief Chief Administrative Technician I r Administrative _ Technician Captain I I Captain I I Administrative Manager Captain Patrol Sergeants Detectives Records (5) (5) (3 ft) (6 pt) I I I I Lieutenant Lieutenant Sergeant Administrative Administrative Drug Task Force Property Room East Sector West Sector Detective Unit Manager Sergeant Detective Tech ( ( ( Sergeant Sergeant Detectives Dispatch Patrol School Liasion Team 1 Team 3 Supervisor Officers Officer (27) (1) Sergeant Sergeant School Liasion Records Crime Prevention Dispatchers Team 2 Team 4 Officer (7) NLO NLO I I NLO I ( DTF Officer (1) Investigative CSO Technician (4 pt) i Staffing TITLE CURRENT PROPOSED Chief 1 1 Captains 2 1 Lieutenants 0 2 Sergeants 6 5 Detectives � 7 6 Officers �� 26 Patrol 26 Patrol 1 CTirne Prev 1 DTF � Total Sworn �31 42 NLO's 1 Total 44 � � 44 // .COST/SAVINGS CURRENT BUDGET PROPOSED NEW COST POSIT40N POSITION BUDGET DIFFERENCE \ Current 74 Captain 79,000 +4 Captain \ Vacant \ 74 Lieutenant 71,000 -3 Captain Admin 67,372 Lieutenant 71,000 +3,628 Sergeant Detective 62 Officer DTF 60,664 - 1 DTF Crime Prev 72 t4LO 39,125 - 3,369 Officer (sal +ben) (sal +ben) / TOTALS 350,974 320,789/ 309185 i adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF POLICE LIEUTENANT WHEREAS, a reorganization of the Police Department has been proposed to increase efforts at crime prevention and community outreach; and WHEREAS, such reorganization would create the position of lieutenant; and WHEREAS, the current 2003 Pay Plan does not have a classification for this position. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize an amendment to the 2003 Pay Plan creating a pay classification for the position of police lieutenant ranging from a minimum $71,070 /annually to a maximum of $74,490 /annually and authorizing the City Manager to implement the creation of the position of police lieutenant. Abril 14.2003 • 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. • City Council Agenda Item No. 10c � • MEMO DATE: April 1, 2003 TO: Mike McCauley, City Manager FROM: Curt Boganey, Assistant City Manage SUBJECT: Amendments to Chapter 2- City Property Ordinance Background: At the February 3, 2003, work session the City Council received a proposed ordinance repealing Chapter 2 of the City Code of Ordinances and adopting a new ordinance regarding the disposition of abandoned and unclaimed property. This item was forwarded to the next Council meeting for action. At the March 24 meeting the Council tabled action on the ordinance until April 14 2003. The item was tabled so that the staff could provide the City Council with information that • would help them assess and consider the proposed amendments. The Council expressed interest in the way the State Statutes compare to the City Ordinance and how the Council would continue to provide appropriate oversight. How do the State Statutes compare with the current ordinance? To address this issue; I have attached copies of the State Statutes referenced in the revised ordinance. These statues are as follows: M.S. 471.195 Unclaimed property; disposal. This brief statute authorizes any city by ordinance to dispose of property lawfully coming into it possession in the course of municipal operations. It describes the authorized methods of disposal and specifies notice requirements, timelines and rights of owners. This law allows for a very straightforward procedure as described by exhibit two (2) attached which would replace our current ordinance as described in exhibit one (1) attached. • I • M.S. Chapter 168B Abandoned Motor Vehicles, This statute is a very comprehensive law that authorizes the receipt, storage, impoundment and disposal of abandoned or junk vehicles. Subdivisions 1 -14. of statute provides very specific definitions for "Abandoned Vehicle" and for "Junk Vehicle." as well other significant terms of the statute. 168B .03 establishes a violation as a misdemeanor. 168B.04 authorizes units of local government and peace officers to take abandoned and junk vehicles into custody from public and private property. 168.051 establish the method and criteria to sell a junk or abandoned vehicle. 168.06 establish the notice requirements. 168.07 establish the right of the owner to reclaim. 168.08 provides for the disposition by impound lot. 168.09 provides for sale and the use of sale proceeds. • 168B. 087 provide for deficiency claim by a nonpublic impound operator. 168B.09 authorizes a unit of local government impound and dispose of abandoned or junk vehicles in accordance with the statute or by adopt an ordinance that may be more stringent than the statute. 168B.10 authorizes reimbursement of certain costs associated with disposal of junk or abandoned vehicles. M.S 169.041 Towina Authoritv Referenced in Section 2 -105 of the proposed ordinance, this statute describes the circumstances under which "an unauthorized vehicle" may be towed by a private towing company authorized by the local unit of government. Vehicles held under this authority are subject to the 45 -day waiting period. These statutes establish a very well defined and prescribed method for the acceptance, impoundment and disposal of junk, abandoned or unauthorized vehicles. It is more detailed and comprehensive than the current city ordinance. Exhibits 3 and 4 compare the flow and steps of the two ordinances. • I • How will appropriate Council oversight be provided? It should be noted that Section 2 -105 of the ordinance before the City Council does not grant authority to the City Manager to appropriate unclaimed property for City use. If the Council wishes to grant such authority an amendment to the proposed ordinance would be required. As written the ordinance requires that any unclaimed property coming into possession of the City must be sold. This ordinance does not apply to properties forfeited to the City by police seizure activity. Other Federal and State Statutes govern the disposal and use of these properties. Generally speaking, the use of these properties is restricted to police activities and sale proceeds are restricted to police activities. Therefore, It seems that the issue of property "oversight" may only apply to properties that come into the city through police seizure. There is discretion to determine if the property is to be sold or used for police related activities. If the Council has an interest in the choice made to convert these properties into police use or to sell these properties at public auction, it may be appropriate for the Council to receive an annual report stating the disposition of these forfeiture properties. • • Minnesota Statutes 2002, 471.195 Page 1 of 1 Minnesota Statutes 2002, Table of Chanters Table of contents for Chanter 471 • 471.195 unclaimed property; disposal. (1) Any city may by ordinance provide for the custody and disposal of property lawfully coming into its possession in the course of municipal operations and remaining unclaimed by the owner. Such ordinance may provide for the sale of such property to the highest bidder at public auction or sale or by a private sale through a nonprofit organization that has a significant mission of community service, after the property has been in the possession of the municipality for a period of at least 60 days. If the sale is to be by public auction, the city shall give ten days' published notice describing the property found or recovered and to be sold, and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper published in the city or, if there is none in the city, published in the county. Consistent with other applicable statutory or charter provision, the ordinance shall designate the fund into which the proceeds of any such sale shall be placed, subject to the right of the former owner to payment of the sale price from the fund upon application and satisfactory proof of ownership within six months of the sale or such longer period as provided by ordinance. • (2) This section does not limit the power of any municipality under any other statutory or charter authority. HIST: 1957 c 382 s 1,2; 1967 c 295 s 2; 1971 c 923 s 1; 1973 c 123 art 5 s 7; 1995 c 79 s 1 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. • http : / /www.revisor.leg.state.nin.us /stats /471 /195.htm1 3/10/2003 Exhibit 1 Current ordinance Sec. 2 -101 Custody of Found Property Property or proceeds If claimed within six months of sale returned to proven owner A May be given to finder Yes Proceeds to general fund or Within 2 months disposal if no value Unclaimed Reciept to City Manager may claim made Property finder release to owner after notifying by finder others ( Public Auction Money deposited No to general fund One week notice City Council may Property Yep approve sale at greater than public auction $100.00 or appropriation to City use e ! City Manager may appropriate for City use Exhibit 2 New Unclaimed Property Ordinance per M.S.471.195 Unclaimed I Sale at public auction Property I P-60 days — ► Ten day notice or $ to general fund 1 through non - profit / May be claimed by owner within six months from sale Page 1 of 8 Minnesota Statutes 2002, Chapter 168B. • Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. == 168B.01 168B.01 Legislative findings; purpose. Abandoned motor vehicles constitute a hazard to the health and welfare of the people of the state in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well -being of children and other citizens. Abandoned motor vehicles and other scrap metals also constitute a blight on the landscape of the state and therefore a detriment to the environment. The abandonment and retirement of motor vehicles and other scrap metals constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed and that other acceptable and economically useful methods for the disposal of abandoned motor vehicles and other forms of scrap metal be developed. HIST: 1971 c 734 s 1 == 168B.0ll • 168B.011 Definitions. Subdivision 1. Scope. The terms used in this chapter have the meanings given them in this section. Subd. 2. Abandoned vehicle. (a) "Abandoned vehicle" means a motor vehicle, as defined in section 169.01, that: (1) has remained illegally: (i) for a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or (ii) on private property for a period of time, as determined under section 168B.04, subdivision 2, without the consent of the person in control of the property; and (2) lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. (b) A classic car or pioneer car, as defined in section 168.10, is not considered an abandoned vehicle. (c) Vehicles on the premises of junk yards and automobile • graveyards that are defined, maintained, and licensed in accordance with section 161.242, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles. http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 3/24/2003 Page 2 of 8 (d) A vehicle being held for storage by agreement or being • held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ, or court order is in effect. Subd. 3. Junk vehicle. "Junk vehicle" means a vehicle that: (1) is three years old or older; (2) is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission; (3) is apparently inoperable; (4) does not have a valid, current registration plate; and (5) has an approximate fair market value equal only to the approximate value of the scrap in it. Subd. 4. Unauthorized vehicle. "Unauthorized vehicle" means a vehicle that is subject to removal and impoundment pursuant to section 168B.04, subdivision 2, or 169.041, but is not a junk vehicle or an abandoned vehicle. Subd. 5. Agency. "Agency" means the Minnesota • pollution control agency. Subd. 6. Department. "Department" means the Minnesota department of public safety. Subd. 7. Impound. "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds, public and nonpublic. Subd. 8. Impound lot operator or operator. "Impound lot operator" or "operator" means a person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles. "Operator" includes an operator of a public or nonpublic impound lot, regardless of whether tow truck service is provided. Subd. 9. Motor vehicle or vehicle. "Motor vehicle" or "vehicle" has the meaning given motor vehicle in section' 169.01. Subd. 10. Motor vehicle waste. "Motor vehicle waste" means solid waste and liquid wastes derived in the operation of or in the recycling of a motor vehicle, including such things as tires and used motor oil, but excluding scrap metal. Subd. 11. Nonpublic impound lot. "Nonpublic impound lot" means an impound lot that is not a public impound lot. Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned by or contracting with a unit of government under section 168B.09. http: / /www.revisor.leg. state .mn.us /egi- bin/getstatchap.pl 3/24/2003 Page 3 of 8 Subd. 13. Unit of government. "Unit of government" • includes a state department or agency, a special purpose district, and a county, statutory or home rule charter city, or town. Subd. 14. Vital component parts. "Vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including such things as the motor, drive train, and wheels. HIST: 1995 c 137 s 1 == 168B.02 168B.02 Repealed, 1995 c 137 s 13 == 168B.03 168B.03 Violation to abandon motor vehicle. Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of such property, is guilty of a misdemeanor. HIST: 1971 c 734 s 3 == 168B.04 168B.04 Authority to impound vehicles. Subdivision 1. Abandoned or junk vehicles. Units of • government and peace officers may take into custody and impound any abandoned or junk vehicle. Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may take into custody and impound any unauthorized vehicle under section 169.041. (b) A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time: (1) in a public location not governed by section 169.041: (i) on a highway and properly tagged by a peace officer, four hours; (ii) located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or (iii) that is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or (2) on private property: (i) that is single - family or duplex residential property, • immediately; (ii) that is private, nonresidential property, properly posted, immediately; http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 3/24/2003 Page 4 of 8 (iii) that is private, nonresidential property, not posted, • 24 hours; or (iv) that is any residential property, properly posted, immediately. HIST: 1971 c 734 s 4; 1995 c 137 s 2 == 168B.05 168B.05 Repealed, 1995 c 137 s 13 == 168B.051 168B.051 Sale; waiting periods. Subdivision 1. Sale after 15 days. An impounded vehicle is eligible for disposal or sale under section 168B.08, 15 days after notice to the owner, if the vehicle is determined to be: (1) a junk vehicle, except that it may have a valid, current registration plate and still be eligible for disposal or sale under this subdivision; or (2) an abandoned vehicle. Subd. la. Sale 15 days after notice by certified mail. An unauthorized vehicle impounded by the city of Minneapolis or by the city of St. Paul is eligible for disposal or sale • under section 168B.08, 15 days after notice is sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. If, before the expiration of the 15 -day period following notice of taking, the registered owner or lienholder of record delivers to the impound lot operator a written statement of intent to reclaim the vehicle, the vehicle is not eligible for disposal or sale until 45 days after the notice of taking, if the owner or lienholder has not reclaimed under section 168B.07. Notwithstanding section 168B.06, subdivision 3, a second notice shall not be required. Subd. 2. Sale after 45 days. An impounded vehicle is eligible for disposal or sale under section 168B.08, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St. Paul. HIST: 1995 c 137 s 3; 1997 c 108 s 1,2 == 168B.06 168B.06 Notice of taking and sale. Subdivision 1. Contents; notice given within five days. When an impounded vehicle is taken into custody, the unit of government or impound lot operator taking it into custody shall give notice of the taking within five days. The notice shall • (a) set forth the date and place of the taking, the year, make, model and serial number of the impounded motor vehicle if such information can be reasonably obtained and the place where the vehicle is being held, (b) inform the owner and any lienholders http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 3/24/2003 Page 5 of 8 .of their right to reclaim the vehicle under section 168B.07, and (c) state that failure of the owner or lienholders to exercise • their right to reclaim the vehicle and contents within the appropriate time allowed under section 168B.051, subdivision 1, la, or 2, shall be deemed a waiver by them of all right, title, and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of the vehicle and contents pursuant to section 168B.08. Subd. 2. Notice by mail or publication. The notice shall be sent by mail to the registered owner, if any, of an impounded vehicle and to all readily identifiable lienholders of record. The department shall make this information available to impound lot operators for notification purposes. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy. Subd. 3. Unauthorized vehicle; notice. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent under subdivision 2, a second notice shall be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. HIST: 1971 c 734 s 6; 1973 c 649 s 3; 1995 c 137 s 4; 1997 c • 70 s 1; 1997 c 108 s 3 == 168B.07 168B.07 Right to reclaim. Subdivision 1. Payment of charges. The owner or any lienholder of an impounded vehicle shall have a right to reclaim such vehicle from the unit of government or impound lot operator taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 or 45 days, as applicable under section 168B.051, subdivision 1, la, or 2, after the date of the notice required by section 168B.06. Subd. 2. Lienholder. Nothing in sections 168B.01 to 168B.101 shall be construed to impair any lien of a garagekeeper under the laws of this state, or the right of a lienholder to foreclose. For the purposes of this section "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor vehicles. HIST: 1971 c 734 s 7; 1980 c 509 s 57; 1987 c 384 art 2 s 1; 1995 c 137 s 5; 1997 c 108 s 4; 1997 c 251 s 4 == 168B.08 • 168B.08 Disposition by impound lot. Subdivision 1. Auction or sale. (a) If an abandoned or unauthorized vehicle and contents taken into custody by a http: / /www.revisor.leg. state .mn.us /egi- bin/getstatchap.pl 3/24/2003 Page 6 of 8 unit of government or any impound lot is not reclaimed under section 168B.07, it may be disposed of or sold at auction or • sale when eligible pursuant to sections 168B.06 and 168B.07. (b) The purchaser shall be given a receipt in a form prescribed by the registrar of motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title it must receive a motor vehicle safety check. Subd. 2. Unsold vehicle. Abandoned or junk vehicles not sold by units of government or public impound lots pursuant to subdivision 1 shall be disposed of in accordance with section 168B.09. Subd. 3. Sale proceeds; public entities. From the proceeds of a sale under this section by a unit of government or public impound lot of an abandoned or unauthorized motor vehicle, the unit of government shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle pursuant to sections 168B.01 to 168B.101. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the treasury of the unit of government. Subd. 4. Sale proceeds; nonpublic impound lots. The • operator of a nonpublic impound lot may retain any proceeds derived from a sale conducted under the authority of subdivision 1. The operator may retain all proceeds from sale of any personal belongings and contents in the vehicle that were not claimed by the owner or the owner's agent before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate law enforcement agency. HIST: 1971 c 734 s 8; 1973 c 649 s 4; 1980 c 509 s 58; 1987 c 384 art 2 s 1; 1995 c 137 s 6 == 168B.087 168B.087 Operator's deficiency claim; consent to sale. Subdivision 1. Deficiency claim. (a) The nonpublic impound lot operator has a deficiency claim against the registered owner of the vehicle for the reasonable costs of services provided in the towing, storage, and inspection of the vehicle minus the proceeds of the sale or auction. (b) The claim for storage costs may not exceed the costs of: (1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; and (2) 55 days storage, for a vehicle described in section 168B.051, subdivision 2. • Subd. 2. Implied consent to sale. A i � registered owner who fails to claim the impounded vehicle within the applicable http: / /www.revisor.leg. state .mn.us /egi- bin/getstatchap.pl 3/24/2003 Page 7 of 8 time eriod allowed under section tion 1688.051 is deemed to waive any right to reclaim the vehicle and consents to the disposal or • sale of the vehicle and its contents and transfer of title. HIST: 1995 c 137 s 7 == 168B.09 168B.09 Disposal authority. Subdivision 1. Units of government. A unit of government may contract with others or may utilize its own equipment and personnel for the inventory of impounded motor vehicles and abandoned scrap metal and, if no bids are received, may utilize its own equipment and personnel for the collection, storage and transportation of these vehicles and abandoned scrap metal; provided, however, that a unit of government may utilize its own equipment and personnel for the collection and storage of not more than five abandoned or unauthorized vehicles without advertising for or receiving bids in any 120 -day period. Subd. 2. Local laws. Units of government may adopt ordinances and regulations to control the matter subject in accordance with sections 168B.01 to 168B.101, so long as the ordinances and regulations are not less stringent than the provisions of sections 168B.01 to 168B.101 or the rules of the agency. HIST: 1971 c 734 s 9; 1973 c 649 s 5; 1975 c 223 s 2; 1985 c '248 s 70; 1987 c 384 art 2 s 1; 1995 c 137 s 8 • == 168B.10 168B.10 Contracts; reimbursement by agency. Subdivision 1. Agency review and approval. If a unit of government enters into a contract with a person licensed by the agency pursuant to this section or a contract pursuant to section 168B.09 the agency may review the contract to determine whether it conforms to the agency's plan for solid waste management and is in compliance with agency rules. A contract that does so conform may be approved by the agency. Where a contract has been approved, the agency may reimburse the unit of government for the costs incurred under the contract that have not been reimbursed under section 168B.08. Except as otherwise provided in section 168B.09, the agency shall not approve any contract that (1) has been entered into without prior notice to and request for bids from all persons duly licensed by the agency pursuant to subdivision 2; (2) does not provide for a full performance bond; or (3) does not provide for total collection and transportation of abandoned motor vehicles, except that the agency may approve a contract covering solely collection or transportation of abandoned motor vehicles where the agency determines total collection and transportation to be impracticable and where all other requirements herein have been met and the unit of government, after proper notice and request for bids, has not received any bid for total collection and transportation of abandoned motor vehicles. • Subd. 2. Solid waste disposer license. The agency may issue a license to any person desiring to be a party to a disposal contract who meets the requirements for solid waste http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 3/24/2003 Page 8 of 8 disposers established by the agency pursuant to section 116.07. • Subd. 3. Unit of government that performs work. If a unit of government utilizes its own equipment and personnel pursuant to its authority under section 168B.09, and the use of the equipment and personnel conforms to the agency's plan for solid waste management and is in compliance with agency rules, that government may be reimbursed by the agency for reasonable costs incurred which are not reimbursed under section 168B.08. Subd. 4. Unit of government required to contract work. The agency may demand that a unit of government contract for the disposal of abandoned motor vehicles and other scrap metal pursuant to the agency's plan for solid waste disposal. Where the unit of government fails to so contract within 180 days of the demand, the agency, through the department of administration and on behalf of such unit of government, may contract with any person duly licensed by the agency for such disposal. Subd. 5. Indian reservations. The agency may reimburse the government entities of Indian reservations for the costs associated with the inventory, collection, storage and transportation of abandoned motor vehicles and abandoned scrap metal which are voluntarily surrendered by their owners or which are otherwise lawfully acquired by the Indian reservation. Such reimbursement may be made for only those costs, and under the same conditions, for which a unit of government may be reimbursed under subdivisions 1 and 3. HIST: 1971 c 734 s 10; 1973 c 649 s 6 -8; 1975 c 223 s 3; 1976 • c 76 s 6; 1985 c 248 s 70 == 168B.101 168B.101 Agency responsibility. The agency may contract with others or use its own personnel to study programs for the control of motor vehicle waste, junk and abandoned motor vehicles, or other scrap metal, or any combination of these; or to develop public informational material and programs relating to the proper disposal of motor vehicle waste, junk and abandoned motor vehicles, or other scrap metal. HIST: 1975 c 223 s 4; 1995 c 137 s 9 == 168B.11 168B.11 Repealed, 1981 c 356 s 377 —168B.12 168B.12 Repealed, 1973 c 649 s 9 == 168B.13 168B.13 Repealed, 1973 c 649 s 9 168B.misc2002 Minn. Stats. repealed, etc. secs in chap 168B 168B.02 Repealed, 1995 c 137 s 13 • 168B.05 Repealed, 1995 c 137 s 13 168B.11 Repealed, 1981 c 356 s 377 168B.12 Repealed, 1973 c 649 s 9 168B.13 Repealed, 1973 c 649 s 9 http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 3/24/2003 • Proposed Abandoned Vehicle Ordinance 10 • hibit 4 s it illegally parked, 10 day notice and impeding a road hearing held before r obstructing traffic No decision to remove, cancel or modify removal notice. Yes City takes custody and impounds junk, abandoned, or unauthorized vehicle Within 5 days notice to owner required After reimbursement of costs net proceeds held for 90 days for owner then deposited in city treasury 15 day from notice required Yes 1' Owner may claim. Is it a junk Eligible for sale public impound vehicle by payment of towing or abandoned or disposal facility and storage charges vehicle Yes A A No No Sale proceeds may be retained by impound operator A 45 days from notice required r Non - public impound operator has deficiency claim for costs above proceeds Exihibit 3 Current Section 2 -201 Abandoned /Unclaimed Vehicles City receives and stores Unclaimed more Yes Sale or Net proceeds to abandoned and unclaimed than 7 years disposal General Fund vehicles old u No 10 day notice Y Owner may claim within 15 days of notice owner claims No publication of notice vehicle Yes r Net proceeds to owner if claimed within 90 days of sale Upon proof of ownership � payment of fees and storage return to owner Minnesota Statutes 2002, 169.041 Page 1 of 3 Minnesota Statutes 2002. Table of Chabters • Table of contents for Chapter 169 169.041 Towing authorized. Subdivision 1. Towing authority. For purposes of this section, "towing authority" means any local authority authorized by section 169.04 to enforce the traffic laws, and also includes a private towing company authorized by a local authority to tow vehicles on behalf of that local authority. Subd. 2. Towing order required. A towing authority may not tow a motor vehicle from public property unless a peace officer or parking enforcement officer has prepared, in addition to the parking citation, a written towing report describing the motor vehicle and the reasons for towing. The report must be signed by the officer and the tow driver. Subd. 3. Four -hour waiting period. In enforcing state and local parking and traffic laws, a towing authority may not tow, or allow or require the towing of, a motor vehicle from public property for a parking or traffic violation until four hours after issuance of the traffic ticket or citation, except as provided in this section or as provided for an unauthorized vehicle in section 168B.04. • Subd. 4. Towing allowed. A towing authority may tow a motor vehicle without regard to the four -hour waiting period if: (1) the vehicle is parked in violation of snow emergency regulations; (2) the vehicle is parked in a rush -hour restricted parking area; (3) the vehicle is blocking a driveway, alley, or fire hydrant; (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited; (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign; (6) the vehicle is parked in a handicap transfer zone or handicapped parking space without a handicapped parking certificate or handicapped license plates; (7) the vehicle is parked in an area that has been posted for temporary restricted parking (i) at least 12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii) at least 24 hours in advance in • another political subdivision; (8) the vehicle is parked within the right -of -way of a controlled access highway or within the traveled portion of a http : / /www.revisor.leg.state.mn.us /stats /169 /041.html 3/24/2003 Minnesota Statutes 2002, 169.041 Page 2 of 3 public street when travel is allowed there; • (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police, public safety, or emergency vehicles; (10) the vehicle is unlawfully parked on property at the Minneapolis -St. Paul International Airport owned by the metropolitan airports commission; (11) a law enforcement official has probable cause to believe that the vehicle is stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is reasonably necessary to obtain or preserve the evidence; (12) the driver, operator, or person in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping; (13) a law enforcement official has probable cause to believe that the owner, operator, or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses; (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs; (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle; • (16) the vehicle is parked, on a school day during prohibited hours, in a school zone on a public street where official signs prohibit parking; or (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 168B.011, and subject to immediate removal under chapter 168B. Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, a towing authority may not tow a motor vehicle because: (1) the vehicle has expired registration tabs that have been expired for less than 90 days; (2) the vehicle is at a parking meter on which the time has expired and the vehicle has fewer than five unpaid parking tickets. Subd. 6. Private property. This section does not restrict the authority of the owner of private property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the private property. Subd. 7. Damages. The owner or driver of a motor vehicle towed in violation of this section is entitled to • recover from the towing authority the greater of $100 or two times the actual damages sustained as a result of the violation. Damages recoverable under this subdivision include but are not limited to costs of recovering the vehicle, http: / /www.revisor.leg.state.mn.us /stats /169 /041.htm] 3/24/2003 Minnesota Statutes 2002, 169.041 Page 3 of 3 including time spent and transportation costs. HIST: 1989 c 256 s l; 1990 c 503 s 1; 1992 c 580 s 1; 1994 c • 536 s 19; 1995 c 137 s 10 -12 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. • • http : / /www.revisor.leg.state.mn.us /stats /169 /041.html 3/24/2003 • Memorandum Date: February 3, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Chapter. 2 — City Ordinances Revised Ordinance We have worked with the City Attorney on a revised section of City Ordinances that addresses abandoned or forfeited property. The current Ordinance is cumbersome and limits actions by the City to dispose of abandoned or forfeited property in an efficient manner. The new Ordinance streamlines the process without limiting the property owners rights. Key differences are noted as follows: Old Ordinance: No definitions. New Ordinance: The new ordinance provides for definitions of abandoned and unclaimed property consistent with state statute. • This clarifies what property will be classified as abandoned or unclaimed. Old Ordinance: The procedure for disposing of property covers sections 2 -101 through 2 -108. Section 2 -105 contains a requirement that the City Manager receive approval of the City Council for items exceeding a $100 before disposing or appropriating the item(s) for city use. New Ordinance: The new procedure, Section 2 -102 a -e, adopts state statute. This provides a detailed process as well as specific provisions for property owners. It removes the $100 limitation. This will permit the City Manager to determine the most appropriate method of disposal of abandoned or unclaimed property while retaining property owner rights. Old Ordinance: Abandoned vehicles require additional procedures to comply with state statutes. The old ordinance does not provide for the requirements as contained in current statutes. New Ordinance: These sections provide for circumstances under which a vehicle may be_ considered abandoned; the actions permitted to remove and store the vehicle and the hearing and disposal of an abandoned vehicle. The new ordinance provides broader authority to deal with abandoned vehicles under the current state statute. A public hearing to consider this ordinance should be noticed by adoption of the attached notice. If you have any questions, please let me know. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public Y g p hearing will be .held on the 14th day of April at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding the disposition of abandoned and unclaimed property. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the deputy city lerk at 769 -569 -3308 to make ake arrang ements. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2 of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. • Section 2. Chapter 2 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new sections: CHAPTER 2 — ABANDONED AND UNCLAIMED PROPERTY Section 2 -101. DEFINITIONS. a. "Abandoned Propertv" means nronertv that. . after appropriate notification to the propertv owner. the owner fails to redeem. or property to which the owner relinauishes possession without reclaiming the property. b. Unclaimed Propertv" means proDertv lawfully corning into the possession of the City and remaining unclaimed by the owner. Section 2 -102. DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY. a. Procedure. Except for vehicle impounded pursuant to 6 2 -103. et sea. of this Chapter. all abandoned and unclaimed property will be disposed of as provided in this section. which is adopted pursuant to M.S. 6471.195. as it may be amended from time to time. ORDINANCE NO. • b. Storage. The denartment of the city acquiring possession of the abandoned or unclaimed propertv will arrange for its storage. If city facilities are unavailable or inadequate, the denartment may arrange for storage at a privately -owned facility. C. Claim by Owner. The owner may claim the abandoned or unclaimed property by exhibiting satisfactory nroof of ownershin and paving the city any storage or maintenance costs incurred by it. A receipt for the abandoned or unclaimed property must be obtained upon release to the owner. d. Sale. After the abandoned or unclaimed pronertv has been in the possession of the City for at least 60 days, the nronertv may be sold to the highest bidder at a public auction or sale or by a nrivate sale through a nonprofit organization that has a significant mission of community service. The City Manager or the City Manaeer's designee may decide whether the sale will be public or nrivate. If the sale is to be by public auction, the Citv shall give ten days' published notice describing the abandoned or unclaimed propertv found or recovered and to be sold, and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper in the city. e. Proceeds. The proceeds of the sale will be placed in the general fund of the City. • If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner will be paid the proceeds of the sale of the abandoned or unclaimed propertv less the costs of storage and the proportionate nart of the cost of published notice and other costs of the sale. Section 2 -103. ABANDONED VEHICLES. a. Incomoration of State Statute. M.S. Chanter 168B. and Minn. Rules Chapter 7035, as they .may be amended from time to time. are hereby adopted by reference. Except as provided in Section 2 -105 of this Chanter. the disposition of abandoned vehicles shall be governed by M.S. Chapter 168B. b. Additional Fin dings. The City finds that, i circumstan involving certain health and safetv concerns, it is necessary to apply more stringent regulations than those contained in M.S. Chapter 16813 Accordingly. the City adopts the following additional regulations in Sections 2 -104 and 2 -105. - Section 2 -104. VIOLATION TO AB ANDON M OTOR, V EHICLE. A perso who abandons, parks, keepsplaces o stores any iunk vehi cle or i vehicle on any public, or on any private pro perty without the consent of the person in control of the property is guilty of a misdemeanor. ORDINANCE NO. Section 2 -105. AUTHORITY TO IMPOUND VEHICLES. a. Inoperable or iunk vehicles on nublic bronertv. No person shall nark, keen, glace, store or abandon any funk vehicle or inonerable vehicle on a public street, alley. or public pronertv within the city, The City Manager or Manager's designee .or any peace officer employed or whose services are contracted for by the city may take into custody and impound any inoperable or iunk vehicle. b. Unauthorized vehicles. The City Manager, Manager's designee. or any peace officer employed or whose services are contracted for by the city, may take into custody and impound any unauthorized vehicle under M.S. 6169.041 as it may be amended from time to time. A vehicle may also be impounded after it has been left unattended in one of the following public locations for the indicated period of time: 1. On a highway and properly tagged by a peace officer, four hours: 2. Located so as to constitute an' accident or traffic hazard to the traveling public, as determined by a peace officer, immediately: or 3. That is a parking facility or other public property owned or controlled by a • unit of government, properly posted, four hours. C. Illegally parked vehicles. The City Manager, Manager's designee, or any peace officer employed or whose services are contracted for by the city, may take into custody and impound any vehicle that is illegally parked, the owner of which has been ordered to remove it. d. Vehicles impeding road or utility activities. The. City Manager. Manager's designee, or any peace officer employed or whose services are contracted for by the city, may take into custody and impound any vehicle that is impeding, obstructing. or interfering with the renair. construction, or maintenance activities of nublic utilities or public transportation. Except in an emergency situation, reasonable notice must be given to the vehicle owner or user of such activities. e. Vehicles obstructing traffic p emergency response. Th e City Manama Manager's designee. or any peace officer_ empinved or whose services are contracted for by the city. may take into custody and impound any vehicle. whether occunied or not. that is: (1) frn_znd stopped. standing, or parked in violation of an ordinance or s tate statute; (2) reporte stolen: or (3) im peding firefighting or other emergency activities. snow removal or plowing. or the orderly flow of traffic. • ORDINANCE NO. f. Notice and hearing. 1 • The notice and hearing requirements in this paragraph do not annly to vehicles described in Section 2- 105(c) — (e). 2. Before impounding a iunk vehicle or inoperable vehicle, the Manager or authorized designee must give 10 days' written notice through service by mail, by posting a notice on the nronertv. or by personal delivery to the owner of or person in control of the property on which the vehicle is located. When the nropertv is occupied, service upon the occupant is deemed service upon the owner. Where the nronerty is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the propertv. The notice must state: a) A description of the vehicles b) That the vehicle must be moved or properly stored within 10 days of service of the notice: c) That if the vehicle is not removed or properly stored as ordered, the vehicle will be towed and impounded at an identified location: d) That the vehicle may be reclaimed in accordance with the • procedures contained in M.S. 6168B.07 or disposed of in accordance with M.S. 6168B.08: and e) That the owner of the vehicle or the owner of or person in control of the nronerty on which the vehicle is located may in writing request a hearing before the City Manager or authorized designee. 3. Hearing. action. If a hearing is requested during the 10 -dav period, the City Manager or authorized designee must promptly schedule the hearing, and no further action on the towing and impoundment of the vehicle may be taken until the City Manager's decision is rendered. At the conclusion of the scheduled hearing. the City Manager or authorized designee may (1) cancel the notice to remove the vehicle: (2) modifv the notice: or (3) affirm the notice to remove. If the notice is modified or armed. the vehicle must be disposed of in accordance with the city's written order. g. Impounding procedures. The impounded vehicle will be surrendered to the owner by the towing contractor only upon navment of the required impound. towing and storage fees. Vehicle impounding will be conducted in accordance with M.S. Chanter 168B, governing the sale of abandoned motor vehicles. i - ORDINANCE NO. • Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14th day of April, 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • • I CHAPTER 2 - CITY PROPERTY • Section 2 -10.1. CU , STODY OF FOUND PROPERTY EXCEPTING ANIMALS AND MOTOR VEHICLES. The city manager shall establish administrative provisions for receiving and safekeeping found property and money coming into possession of the City of Brooklyn Center in the course of its municipal operations. A receipt shall be issued to the person finding such property or money and causing it to be delivered to the custody of the City. Such property shall be stored in a safe place and such money deposited with the city treasurer for a period of two months unless claimed by the true owner. Upon expiration of the two month period said property or money shall be subject to disposal under this ordinance as unclaimed property or money. Section 2 -102. CLAIMS BY OWNER. During such two month period the city manager may deliver such property or order such money paid to the true owner thereof upon proof of ownership satisfactory to the city manager, after ten days notice by mail to other persons who may have asserted a claim of true ownership. In the event ownership cannot be determined to the satisfaction of the city manager, he may refuse to deliver such property or order the payment.of such money to anyone until ordered to do so by court. Section 2 -103. CLAIM BY FINDER. If the true owner does not claim property or money during the two month period, the city manager may release such unclaimed property or order such unclaimed money to be paid to the person who found same, if at the time of delivery to the City of Brooklyn Center such finder indicated in writing that he wished to assert a claim to the property or money as a • finder. Section 2 -104. TRANSFER OF UNCLAIMED MONEYS TO GENERAL FUND. If any such money is not claimed by the true owner or by the finder within the two month period, the city manager shall cause such money to be transferred to the General Fund of the City. Section 2 -105. PUBLIC SALE OF UNCLAIMED PROPERTY. Upon expiration of the two month period unclaimed property remaining in the possession of the City of Brooklyn Center shall be appropriated for City use upon approval by the city manager, if such item ofproperty is valued less than $100 and upon approval by the city council if such item of property is valued greater than $100 or shall be sold at public sale by the city manager. The city manager shall cause one week published notice of public sale in the official newspaper, describing therein the article to be sold and the date, time and place of the sale. Any unclaimed property offered for public sale but not sold, and not suitable for appropriation for City use, shall be deemed to be of no value and shall be disposed of in such manner as the city manager directs. Section 2 -106. DISPOSITION OF PROCEEDS. Upon completion of apublic sale of unclaimed property, the city manager shall cause the proceeds therefrom to be deposited in the General Fund of the City. • City of Brooklyn Center 2 -1 City Ordinance Section 2 -107. CLAIM BY FORMER OWNER AFTER PUBLIC SALE. The former true owner • of property sold at public sale according to the provisions of Section 2 -105 shall, upon application to the city clerk within six months of the date of public sale and upon furnishing satisfactory proof of former ownership, be paid the respective sale price proceeds from the General Fund of the City. Section 2 -108. SUMMARY DISPOSAL. The city manager may, without notice and in such manner as he determines to be in the public interest, dispose summarily of any property coming into his possession which he determines to be dangerous or perishable. He shall make a record of the pertinent facts of the receipt and disposal of such property. Section 2 -201. CUSTODY OF ABANDONED AND UNCLAIMED MOTOR VEHICLES. The city manager shall establish administrative provisions for receiving and storing abandoned and unclaimed motor vehicles coming in to the possession of the City of Brooklyn Center in the course of its municipal operations. He shall mail to the registered owner, if any, and to all readily identifiable lien holders of record a notice of possession of the motor vehicle within 10 days of the taking of same. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the motor vehicle, shall inform the owner and any lien holders of their right to reclaim the vehicle, and shall inform that failure to exercise reclamation rights shall be deemed a waiver by them of all right, title and interest in the vehicle and a consent to the disposal of the vehicle through sale or other means. In the event of inability to determine with reasonable certainty the identify and address of the vehicle owner, the notice shall be published once in the official newspaper. Section 2 -202. RIGHT TO RECLAIM. At any time within 15 days after the date of notice to the .. owner said owner may claim his motor vehicle upon furnishing satisfactory oof of ownership and rY P P upon payment of all handling and storage charges resulting from taking the vehicle into custody. Section 2 -203. IMMEDIATE DISPOSITION. An unclaimed or abandoned motor vehicle which is more than seven model years of age, not in operating condition and which does not display a currently valid license plate shall immediately be eligible for sale or disposed of by other means and shall not be subject to the notification and reclamation provisions of this ordinance. Section 2 -204. PUBLIC SALE. At any time upon expiration of 15 days after mailing of notice to the registered owner, if any, an unclaimed or abandoned motor vehicle shall be sold at public sale by the city manager following published notice thereof. Nothing in this ordinance shall be construed to impair any lien of a garage keeper or the right of a lien holder to foreclose. Section 2 -205. DISPOSITION OF PROCEEDS. Upon completion ofpublic sale of unclaimed or abandoned motor vehicles, the city manager shall cause the net proceeds thereof to be deposited in the General Fund of the City. The net proceeds shall be the sale price less any costs ofhandling, storing, or selling such unclaimed or abandoned vehicle. The net proceeds of a sale shall be paid to the former owner of the vehicle or to the entitled lien holder upon application to the city clerk and upon furnishing satisfactory proof of ownership within ninety days of the date of sale. • City of Brooklyn Center 2 -2 City Ordinance • Section 2 -206. DISPOSAL OF VEHICLES NOT SOLD. In the event an unclaimed or . abandoned motor vehicle proves unsalable, the city manager may dispose of it pursuant to Section 168B.10 of the Minnesota Statutes. • • City of Brooklyn Center 2 -3 Ci t Ordinance City Council Agenda Item No. 10d I City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers C ody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: March 20, 2003 SUBJECT: Civil Legal Services Attached please find a copy of the Request for Proposals (RFP) that was used in 1999 for civil legal services. I would propose to use the same format that was used in August of 1999 with an advertisement in June of this year and a due date of July 25, 2003. Billings would be requested for 2002 instead of the 1998 and we would update the listing of City Council Members in the form. • ... 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 RFP for Civil Legal Services • August 1999 1. RFP approved by City Council at its August 9, 1999, meeting. 2. Advertise: a) Finance and Commerce b) Brooklyn Center Sun -Post c) League of Minnesota Cities Bulletin 3. Send RFP to companies: a) Kennedy & Graven Ltd. b) Sweeney, Borer & Sweeney C) Carson, Clelland & Schreder d) Barna, Guzy & Steffen, Ltd. e) Babcock, Locher, Neilson & Mannella f) Campbell, Knutson, Scott & Fuchs, P.A. g) Bannigan & Kelly, P.A. h) Peterson, Bell, Converse & Jensen i) Lang, Pauly, Gregerson & Rosow Ltd. j) Thomsen & Nybeck, P.A. • k) Best & Flanagan 1) Briggs & Morgan m) Dorsey & Whitney n) LeVander, Gillen & Miller (Timothy Kuntz) • G:\DEPTS\ADMNW4UTSON\GENERAL\CIVIL LAW SERVICES INSTRUCTIONS TO SEND RFPS.DOC SECTION 1. REQ FOR PROPOSALS • The City f Brookl ty yn Center is accepting proposals for civil legal services for the City. _ Included in this RFP are the following: 1. A more detailed description of the services to be provided. 2. An outline of proposal requirements. Submitted proposals will be reviewed by the City Manager, who will recommend to the City Council no more than three firms as finalists for City Council consideration. In order to ensure a fair review an selection process firms submitting proposals are snecifically. reauested not to make other contacts to City staff or Council Members eg ardine these nronosals. SECTION 11. INSTRUCTIONS TO PROPOSERS A. Proposals should be submitted to Sharon Knutson, City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Proposals must be received no later than 4:30 p.m. on October 1, 1999. B. All proposals submitted must provide information as indicated in this request. Any • other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. SECTION 1II. REQUIRED CONTENTS FOR PROPOSALS A. Firm Background 1. Name of firm. 2. Address(es), phone number(s), and fax number(s) of firm. 3. Brief history of firm. 4. Number of attorneys by their specialties. 5. Number of paralegals by their specialties. 6. Number and position titles of support personnel. 7. Description of office organization (organizational chart). 8. Flow chart of work process for municipal civil law work. B. Attorney Qualifications 1. Identify each attorney, paralegal, and support personnel who will be supplying services for which the City will be billed. • 1 2. For each person identified, please state: • Their relevant academic training and degrees. • A description of their prior experience in civil law matters and an estimate of the hours or percentage of their work in this area during the past four Y ears. • Number of years with your firm, position title(s) and years in these positions, and areas of responsibility with your firm. • Other background or experience which may be helpful in evaluating your proposal. 3. A description of the r p proposed allocation of work between the attorney(s) and support personnel identified (i.e., who will be the primary city attorney and what work will be handled by junior partners, associates, or paralegals). 4. Current principal responsibilities for individual designated as primary city attorney including a statement indicating future availability. 5. A description of the availability of and identification of experienced backup attorneys in the case of illness, turnover, or other loss of personnel. C. Firm Qualifications 1. The names and telephone numbers of three client references whom the City may contact. If your firm has represented any municipalities or governmental • agencies during the last four years, state the name of that municipality or agency and the name, title, and telephone number of a reference at that municipality or agency whom the City may contact. If your firm has represented such an entity but does not wish the City to contact that entity, list the name of the municipality or agency, and state your reasons why no contact is requested. 2. A statement of how the workload of Brooklyn Center would be accommodated and what kind of priority it would be given. 3. Statement of total 1998 billings related to municipal civil law services and percentage of municipal civil law services to total billings. D. - Fees 1. Your proposal for the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing the legal services for civil law matters to the City of Brooklyn Center covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney, paralegal, and support personnel. Also state separately the rate of any firm cost items to be billed (e.g., photocopying). 2 2. The City of Brooklyn Center requests monthly billing statements which: • Itemize the date of services. • Identify the attorney, paralegal, and/or support personnel providing the services. • List time spent. • Provide a detailed description of the services performed. • State the fees for those services. • Organize billing on the basis of activity and contact. • Summarize monthly (and annually) costs by type of activity. If another billing format will be proposed, please describe that format and provide a sample. SECTION IV. CIVIL LAW SERVICES DESCRIPTION The services and qualifications that are required for Brooklyn Center civil law services include, but are not limited to, the following areas: A. General municipal laws and charters. B. General state and federal laws relating to municipal government. • C. Zoning, housing, and economic development activities including development, redevelopment, enforcement, and property and real estate law. D. Laws relating to human resources including employment law, labor law, and workers' compensation. E. Ordinance and resolution development and interpretation. F. Contract law. G. Environmental law. H. The primary city attorney or a qualified backup from the firm must attend and participate in City Council meetings. I. Trial activity. J. Location of a fax machine at your firm's office. K. The primary city attorney for the City must have a minimum of at least five years experience in the municipal law field. • 3 • L. Attend other meetings as requested by City Manager. SECTION V. PROPOSAL EVALUATION AN CONTRACT AWARD. A. The City intends to award a contract to the proposer evaluated to be best qualified to perform the work for the City, cost, and other factors considered. B. Based upon the evaluation, the City Manager will recommend to the City Council the selection of the firms judged to be the most responsive and responsible proposers. The actual selection of the firm and contract award will be made by the City Council. C. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal, preparation of a cost proposal or final contract negotiations. D. The City of Brooklyn Center reserves the right to reject any and all proposals or to request additional information from all proposers. SECTION VI. CONTRACT EXECUTION A. Contract Negotiations • Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer to whom the contract is recommended to be awarded be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer or reject all the proposals. Upon completion of negotiations agreeable to the City and the proposer, a contract shall be executed. B. Contract Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval, or implementation of the proposal or contract shall participate in any decisions which affects his or her direct or indirect personal or financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or Council Member, or for any City employee or Council Member to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonably prudent person would conclude that such consideration was motivated by an • 4 individual, group or corporate desire to obtain special, preferential, or more • favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The firm shall not accept any client or project which places it in a conflict of interest with its representation of the City of Brooklyn Center. If such a conflict of interest is subsequently discovered, the City shall be promptly notified. SECTION VII. CITY INFORMATION A. City Organization The City of Brooklyn Center was incorporated in 1911 and is a Charter City. It has a Council/Manager form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, is elected at large. All Council Members are also elected at large. Council Members and the Mayor are elected for four -year terms. • Set forth in the following table is information ertainin to the City Council: P g tY Term Expires Mayor Myrna Kragness December 31, 2002 Councilmember Debra Hilstrom December 31, 2002 Councilmember Kay Lasman December 31, 2000 Councilmember Ed Nelson December 31, 2002 Councilmember Robert Peppe December 31, 2000 2. City Manager. The City Manager is the chief executive and administrative officer of the City. The City Manager reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City staff. The City Manager implements Council direction through the department heads of City departments. • 5 City Council Agenda Item No. 10e Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTHER PROLIFERATION OF LIQUOR SALES FROM DISPENSARIES OTHER THAN DULY AUTHORIZED OFF -SALE LIQUOR STORES WHEREAS, the sale of 3.2 beer by convenience stores, grocery stores, gas stations, and other associated retail outlets for off premise consumption is currently allowed under Minnesota Law; and WHEREAS, the check out clerks at the aforementioned types of retail outlets are not generally fully trained to recognize fake identification or in other alcohol management techniques normally required for the employees of duly authorized off -sale liquor dispensaries; and WHEREAS, the State Legislature has authorized exclusive municipal liquor stores at a local option and this option should be maintained as a means of controlling and limiting access to alcoholic beverages and as a controlled revenue source; and WHEREAS, there is a proposal before the Minnesota Legislature that, if adopted and made law, would allow convenience stores, grocery stores, gas stations, and other similar retail outlets to sell wine including sweet "pop" wines, wine coolers, and associated products for off premise consumption; and • WHEREAS the City f Brooklyn Center is endeavoring to curtail youth access to tY Yn g Y alcohol and tobacco products; and WHEREAS, the proliferation of the types of outlets where the sale of alcohol provides additional opportunities for youth to have access to alcohol. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that they hereby oppose the concept of allowing the further proliferation of liquor sales from dispensaries other than duly authorized off -sale liquor stores. BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center opposes any change in law that would adversely impact exclusive municipal liquor operations. 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. City Council Agenda Item No. 10f MEMORANDUM DATE: April 7, 2003 TO: Michael J. McCauley, y Cit Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Report on Riverbank Protection Project Improvement Project No. 1999 -11 The following report summarizes the current status of the above referenced project. The Army Corps of Engineers has recently prepared revised plans for improvements to the Mississippi River bank to protect the existing sanitary sewer north of 66` Avenue. City staff has been working with the Corps of Engineers and residents adjacent to the project to address concerns over the balance of aesthetic considerations and the need for long -term protection of the sanitary sewer. The Minnesota Department of Natural Resources (DNR) and the National Park Service have recently raised concerns regarding the potential scenic impacts to the Mississippi River due to the • proposed placement of rip rap material. On March 26, 2003, City staff met with representatives from the DNR, the Corps of Engineers and the National Park Service. The purpose of the meeting was to discuss potential modifications to the project design including topsoil coverage, preservation of existing trees, and native vegetative seeding. On.March 27, 2003, a neighborhood meeting was conducted at the East Fire Station with property owners adjacent to the project and representatives of the DNR, Corps of Engineers, National Park Service and City staff. Representatives from the Corps of Engineers presented revised plans for the project and addressed design issues such as the top elevation for the rip rap, the proposed bank slopes and rip rap stone material. A representative from the DNR reviewed the regulations governing structures placed along the riverbank. DNR staff indicated that simple stairways and landings less than 25 square feet are generally allowed along the river bank above the ordinary high water level. Decks and other structures are not exempt and are required to meet the minimum setbacks established by the DNR. Property owners in attendance expressed concerns regarding the aesthetics of the rip rap and the loss of existing trees within the project area. The following issues were discussed: • Use of granite rip rap material in place of limestone rip rap material. • Use of stone steps similar to those constructed along the east side of the Coon Rapids • dam. • Coordination of the construction of wood steps and the need to place footings for steps during rip rap placement. • Identification of individual trees to be saved or removed. A representative from the National Park Service reviewed potential landscape alternatives that could be considered to enhance the project. Items such as small planters and native seeding areas along the top of the bank were discussed. City staff will be working with the DNR, Corps of Engineers and National Park Service to review potential landscape enhancements for the project and the additional costs associated with the various enhancements. Once this information is compiled, a neighborhood meeting will be scheduled to review the landscape issues with residents adjacent to the project. • • • City Council Agenda Item No. 10g VIII • CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy - graven.com April 10, 2003 Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2113 Re: Environmental Response Fund Grant Dear Mike: I have reviewed two proposed contracts relating to an environmental response grant. Under the first contract, which is between the City and Hennepin County, the City is to receive grant funds • for certain environmental clean -up activities. Under this agreement, the City has certain rights and responsibilities that are generally what would be expected in a grant agreement of this type. The second contract is between .the City and Twin Lakes Business Park (the "Developer "). Under this agreement the City passes grant funds received from the County along to the Developer, which in turn is required to undertake the environmental clean-up activities. The second agreement has been drafted to pass along to the Developer all of the obligations of the City under the City's agreement with Hennepin County. The Developer is required by the agreement to indemnify and hold the City harmless from any claims arising out of the performance of the agreement by the Developer. Therefore, the City is essentially a conduit for what might be referred to as a pass - through grant. However, the City does not have any direct obligations that are not assumed by the Developer under the second agreement. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:sez • CLL- 230035v1 BR291 -8 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE CITY F O BROOKLYN CENTER AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES WHEREAS, on October 28, 2002, the City Council adopted Resolution No. 2002 -148 approving an application to the Hennepin County Environmental Response Fund for the clean up of the Wickes Distribution Center site in the France Avenue Business Park; and WHEREAS, the Hennepin County Board of Commissioners has approved the City's Environmental Response Fund Grant Application and has awarded $65,900 to the City for clean up work on the Wickes Distribution Center site; and WHEREAS, the City of Brooklyn Center is required to execute an Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services to receive the Environmental Response Fund Grant award; and WHEREAS, an Environmental Response Fund Grant Agreement between the • City of Brooklyn Center and Hennepin County Department of Environmental Services has been prepared by Hennepin County for execution by the City of Brooklyn Center; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services is hereby approved and the Mayor and City Manager are hereby authorized to execute the agreement. 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 TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialisf_ / Xz DATE: April 8, 2003 SUBJECT: Resolution Approving Environmental Response Fund Grant Agreement Between the City of Brooklyn Center and Hennepin County Department of Environmental Services City Council Resolution No. 2002 -148, Resolution Approving an Application to the Hennepin County Environmental Response Fund, authorized the submission of a grant application to the Hennepin County Department of Environmental Services to provide county funds for additional clean-up of a portion of the Joslyn site caused by a break in a water main on site. The Hennepin County Board of Commissioners established the Environmental Response Fund (ERF) in 1997, pursuant to special legislation, which allowed the establishment and collection of a mortgage registry and deed tax for deposit into an Environmental Response Fund for Hennepin • County. The ERF is to be used for the assessment and clean-up of contaminated sites located within Hennepin County. The County has awarded the City $65,900 to assist in the clean -up created by a water main break on the portion of the project occupied by the Wickes building. The broken water line was a fire water supply line to the Wickes building and apparently failed due to a faulty pipe. The pipe has been repaired, but as is standard industry practice, the pipe manufacturer and contractor that installed the pipe are liable for replacing the pipe but not for any clean-up required as a result of the pipe failure. The results of the failure of the broken water pipe was that a small amount of contaminated soil was forced to the ground surface from below the parking lot serving as permanent cover and was deposited in the storm water retention pond on the site. A remedial action plan, approved by the Minnesota Pollution Control Agency, has been prepared Y p p b the Developer, Twin Lakes Y Business Park LLC to mitigate the c deposited p contaminated soils de g p in the retention pond. The contaminants released into the storm water pond have an affinity for adhering to the soil versus dissolving in water and, therefore, sampling an analysis of the pond water did not detect any of the contaminants. Essentially, contaminants are tied u in the Y� p sediment in the retention pond. The project to clean-up the soils will involve removal and burying of the top four inches of sediment, approximately 190 cubic yards, from the retention pond. • 4 -8 -03 Page 1 The total cost of the project is $112,775, which includes actual cleaning costs and preparation of • required work plans, lab tests and MPCA oversight. The estimated cost of the actual clean -up and the amount of the ERF grant is $65,900 and includes storm water pipe cleaning, pond de- watering, soil excavation, placement and capping along with the required documentation report and Minnesota Pollution Control Agency oversight. The Joslyn project has received Minnesota Department of Trade and Economic Development (DTED) and Metropolitan Council grant funds for clean -up of the site, but since this portion of the development project has been completed, DTED and Metropolitan Council funds are no longer available. No local match is required for this County grant award but the developer will be providing $46,855 in matching funds which provides for preparation of work plans for mitigating the soils contamination and lab testing of the soil and sediment samples. Hennepin County requires the City execute an Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services. Since the ERF funds will be "passed through" to the Developer to do the actual clean- up work, the County also requires the City to enter into an agreement with the Developer that essentially requires the Developer to comply with the relevant provisions of the agreement between the City and the County. A copy of the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services is included with this memorandum and is summarized as follows: • Section 1 — Grant Amount and Completion. The grant amount is $65,900 and is to be used for assessment and /or clean -up activities described in the City's application. The County also recognizes the funds will be passed through to the developer. The time allowed to complete the project is two years from the date of the execution of the agreement. Section 2 — Accounting and Recordkeeping. This section provides that the City will maintain appropriate financial records and requires the City to provide access to those records by the County and other agencies. Section 3 — Payments/Disbursement Schedule. This section sets forth the procedure for payment of invoices for work on the clean-up project. Section 4 — Reporting. This section requires the City to provide progress reports on the proj ect. Section 5 — Contracts. This section requires the City to include certain provisions in all contracts pertaining to the clean -up work including federal laws regarding employment and work place safety. Section 6 — Termination,. Cancellation and Assignment. This section stipulates that the • agreement may be cancelled by the County upon 60 days written notice to the City 4 -8 -03 Page 2 • without cause. This section is provided to assure that the project will be completed in a timely fashion in accordance with the approved work plans set forth in the application. Section 7 — Independent Contractor. This section establishes the relationshi p between the City nd the Count y and specifies that the grant agreement does not create a relationship of co- partners between the County and the City is essentially an independent contractor for purposes of completing the work specified in the agreement. It also requires the City to indemnify and hold harmless the County relative to work performed under the agreement. Section 8 — Indemnification. This section provides an indemnification statement relative to the City holding the County harmless from any liability related to work performed under the agreement. Section 9 — Insurance. This section sets forth the insurance requirements for the developer and its subcontractors relative to work performed under the agreement. Section 10 — Merger and Modification. This section provides that the entire agreement between the parties is contained in the agreement and that any alterations will be valid only when they have been reduced to writing as amendments to the agreement. Section 11 — Minnesota Laws Govern. This section provides the statement that • Minnesota laws shall govern all questions and interpretations concerning their validity and construction of the agreement. A copy of the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services is included with this memorandum. The agreement has been reviewed by the City Attorney. No matching funds will be paid by the City or EDA and the City's responsibility will be to administer and manage the grant funds received from Hennepin County for the clean -up work. As required by the agreement between the City and County, the City has also prepared an agreement between the City and developer regarding the requirements the developer must meet in performing the clean- up work. The agreement between the City and Developer is essentially a mirror agreement of the agreement between the City and Hennepin County and is contained in a separate agenda item. A copy of a Resolution Approving Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department artment of Environmental Services is included for Council consideration. • 4 -8 -03 Page 3 • Contract No. A021694 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This Agreement is made on by and between the County of Hennepin, State of Minnesota ( "County" or "Grantor" at A2300 Government Center, Mpls, MN 55487) by and through its Department of Environmental Services ( "Department ") and The City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 554330 -2199 ( "Grantee "). Grantee has made application to the County for a grant to be used for cleanup of a contaminated pond at Wickes Distribution Center, 4837 Azelia Avenue North, Brooklyn Center, which application is incorporated into this Agreement by reference. In consideration of the mutual promises set forth below, the parties agree as follows: 1. GRANT AMOUNT AND COMPLETION The County shall grant to the Grantee a sum not to exceed sixty five thousand, nine hundred dollars ($65,900.00) which funds shall be only for expenses incurred in performing activities specified in the Application and as may be further described in Exhibit A to this Agreement or as approved by County staff. Approved assessment and/or _ clean-up activities as may be described in the application and Exhibit A are referred to herein as the "Project ". Pursuant to an agreement between the Grantee and Twin Lakes Business Park, LLC., the developer of Wickes Distribution Center (the "Developer "), the Grantee will be passing the grant funds through to the Developer, and the Developer and its contractors and subcontractors will be completing the Project described herein. Administrative costs incurred by the Grantee are not eligible for reimbursement via this Agreement. • Grantee agrees to complete the Project within two (2) years of execution of this Agreement and within the terms stated herein. Any material change in the scope of the Project, including time schedule and budget, must be approved in writing by the County. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing such purposes and activities described in the Application and this Agreement. 2. ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement, the Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting . principles. Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 3. PAYMENT/DISBURSEMENT SCHEDULE Grantor will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the Grantor, submitted by the Grantee and approved by the Grantor: Payment requests can be submitted once per month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the • Grantor will disburse the requested amount to the Grantee within four (4) weeks after receipt of a written disbursement request. 1 • 8. INDEMNIFICATION The Grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Grantee, the Developer, its contractors or subcontractors or anyone directly or indirectly employed by them, and/or any party that directly or indirectly benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of the Grantee to perform fully, in any respect, all obligations under this Agreement. 9. INSURANCE In order to protect the County and those listed above under the indemnification provision, the Grantee agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause the Developer and all contractors to do likewise, the following insurance coverages under either a purchased insurance or self - insurance program: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $1,000,000 Products- Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence — Combined Bodily Injury and Property Damage 1,000,000 2. Automobile Liability — Combined single limit each occurrence for 1,000,000 • bodily injury and property damage covering owned, non - owned, and hired automobiles. 3. Workers' Compensation and Employer's Liability: a. Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily Injury by: Accident — Each accident 100,000 Disease — Policy Limit 500,000 Disease — Each Employee 100,000 4. Professional Liability — Per Claim and Aggregate 1,000,000 The insurance must be maintained continuously for a period of two years after the termination of this Agreement. The Grantee shall require that the Developer and any independent contractors rendering assessment and/or clean-up activities under this Agreement furnish certificates of insurance to the Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance which may be needed in connection with this • Agreement. Copies of policies shall be submitted to the County upon written request. 3 • COUNTY BOARD APPROVAL City of , having signed this agreement, and the Hennepin County Board of Commissioners having duly approved this agreement on the _ day of ' and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. ATTEST: By: By - Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPRO S TO FORM: And: Assistant/Deputy/County Administrator B y . Date: Assistant County Attorney Date: °w And: Assistant County Administrator, Public Works and County Engineer • Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Department Date: Date: CITY OF BROOKLYN CENTER By: Its: And: Its: City organized under: Statutory Option A Option B Charter • 5 • Exhibit A City of Brooklyn Center Proiect Summarv: The City of Brooklyn Center requests ERF funds to complete the cleanup of contaminated storm water pond sediments at Wickes Distribution Center. The pond was contaminated when a ruptured water main washed nearby contaminated soil into the pond. -The pond is adjacent to, and discharges into, a wetland that borders Twin Lake. An ERF grant of $65,900 is awarded to The City of Brooklyn Center for contaminated sediment cleanup. The following costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Budget for the Wickes Distribution Center Pond: Storm Pipe Cleaning, pond dewatering, soil excavation, placement and capping $ 52,100 Report preparation 6,800 MPCA oversight 7.000 Total: $ 65,900 • Reouired Documentation to be Submitted to Hennepin County:, Consultant/Contractor/MPCA Invoices Response Implementation Report MPCA Approval Letter Annual Project Progress /Summary Report(s) i E -1 City Council Agenda Item No. lOh Member introduced the following resolution and • moved its adoption: j RESOLUTION NO. RESOLUTION APPROVING AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND TWIN LAKES BUSINESS PARK LLC, REGARDING PASS THROUGH OF HENNEPIN COUNTY GRANT FUNDS WHEREAS, the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services (ERF Agreement) provides grant funds not to exceed $65,900 to be used for activities approved in the City's Environmental Response Fund Grant application for approved assessment and/or clean up activities relative to the Wickes Distribution Center site; and WHEREAS, the ERF Agreement between the City of Brooklyn Center and Hennepin County requires the City as Grantee to enter into an agreement with Twin Lakes Business Park, LLC, the Developer of the Wickes Distribution Center, relative to the pass through of funds to the Developer to complete the clean up work approved in the ERF Agreement; and WHEREAS, an agreement between the City of Brooklyn Center and Twin Lakes • Business Park, LLC, Regarding Pass Through of Hennepin County Grant Funds has been prepared and sets forth the obligations of the City (Grantee) and Developer relative to the requirements of the ERF Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Agreement Between City of Brooklyn Center and Twin Lakes Business Park, LLC, Regarding Pass Through of Hennepin County Grant Funds is hereby approved and the City Manager is authorized to execute the Agreement on behalf of the City. 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 followin g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialise DATE: April 9, 2003 SUBJECT: Agreement Between City of Brooklyn Center and Twin Lakes Business Park LLC, Regarding Pass Through of Hennepin County Grant Funds The Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services addressed in the preceding agenda item, requires the City to execute an agreement with Twin Lakes Business Park LLC, addressing the "pass through" of Environmental Response Fund (ERF) Grant Funds from the City to the Developer to perform the actual clean up work described in the agreement between the City and County. • Pursuant to the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Departmental of Environmental Services, staff has prepared an agreement between the City of Brooklyn Center and Twin Lakes Business Park LLC, regarding pass through of Hennepin County Grant Funds. This agreement essentially "mirrors" the provisions set forth in the city and county agreement and makes them applicable to the Developer. The agreement included with this memorandum has been reviewed by the City Attorney and the Developer, Twin Lakes Business Park LLC. A copy of the agreement between the City of Brooklyn Center and Twin Lakes Business Park LLC, regarding pass through of Hennepin County Grant Funds is included with this memorandum and the requirements of the Developer as set forth in Section 2.2 Representations of the Developer are summarized below: 1. This paragraph establishes the Developer as a Limited Liability Company and able to authorize the agreement. 2. Specifies the Developer will undertake the approved clean -up activities described in the Hennepin County ERF Agreement between the City and County. 3. Specifies the Developer will provide the City with financial records required by the agreement between the City and County. 4. Requires the Developer to provide completed payment requests forms pursuant to County requirements. 5. Requires the Developer to provide all necessary information and documentation • to the City to prepare progress reports to the County. I • 6. Requires the Developer to perform the clean-up work in accordance with all local, state and federal laws and regulations including employment, work place safety, laws, etc. 7. Requires the Developer and all contractors or subcontractors performing work relative to the clean -up work to comply with all federal and state laws against discrimination as contained in Minnesota Statute Section 181.59. 8. Requires the Developer to acknowledge and agree to the provisions set forth in the agreement between the City and County relative to the termination, cancellation and assignment of the agreement between the City and County. 9. Establishes the relationship between the City and Developer as that of an independent contractor and requires the Developer to hold the City harmless relative to clean -up work performed by the Developer and any contractors or subcontractors. 10. Requires the Developer to indemnify and hold harmless the City from any liability arising out of the work performed by the Developer. 11. Sets forth the insurance requirements for the Developer and contractors or subcontractors. 12. Specifies that the agreement between the City and Developer can only be modified by written amendment. 13. Specifies the agreement is to be governed in accordance with the laws of the State • of Minnesota. Upon approval of the agreement between the City and Twin Lakes Business Park LLC, the Developer would proceed with the clean -up work as soon as weather conditions permit. A copy of a resolution approving agreement between the City of Brooklyn Center and Twin Lakes Business Park LLC, regarding pass through of Hennepin County grants funds is included for Council consideration. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND TWIN LAKES BUSINESS PARK LLC, REGARDING PASS THROUGH OF HENNEPIN COUNTY GRANT FUNDS This Agreement, made as of the day of April, 2003, by and between the City of Brooklyn Center, Minnesota (the "Grantee "), a municipal corporation duly organized and existing under the laws of the State of Minnesota and Twin Lakes Busines Park LLC, a Minnesota limited liability company (the "Developer "), Whereas. the City of Brooklyn Center (Grantee) has entered into an Environmental Response Fund Grant Agreement (ERF Agreement) with the Hennepin County Department of Environmental Services; and Whereas, the ERF Agreement specifies that the County shall grant to the Grantee a sum not to exceed $65,900, which funds shall be only for expenses incurred in performing activities specified in the City's Environmental Response Fund Grant Application for approved assessment and /or clean up activities as may be described in the application and referred to herein as the "Project "; and Whereas, the ERF Agreement further specifies that, pursuant to an agreement between the Grantee and Twin Lakes Business Park, LLC, (the Developer), the Grantee will be passing the grant funds through to the Developer and the Developer and its subcontractors will be completing the project; and • Whereas, Article 2, Section 2.1 Paragraph 5 of the Development Agreement By And Between Brooklyn Center Economic Development Authority and Twin Lake Business Park specifies that "The Authority and City will make all reasonable efforts to assist the Developer to secure grants in addition to those heretofore awarded; provided that nothing herein shall be construed to require the City or Authority to make any local matching local contributions which may be a prerequisite to award of a grant "; and Whereas, the City of Brooklyn Center believes that the proposed assessment and /or cleanup activities described in the Hennepin County Environmental Response Fund Application and fulfillment of the ERF Agreement are in the best interest of the City of Brooklyn Center, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which it will be undertaken; and Whereas, pursuant to the ERF Agreement, the City of Brooklyn Center as Grantee agrees to enter into an agreement with the Developer for the purpose of carrying out the requirements of the ERF Agreement. Now therefore, in consideration of the Premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Section 1.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City of Brooklyn Center as Grantee in the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental • Services (ERF Agreement) makes the following representations and warranties. i Page 1 • 1. The City of Brooklyn Center (Grantee) is a municipal corporation duly organized and existing under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. • 2. The Grantee has entered into the Environmental Response Fund Grant Agreement between the City of Brooklyn Center and Hennepin County Department of Environmental Services (ERF Agreement) a copy of which is included as Exhibit 1 to this Agreement and which is hereby made part of this Agreement as if fully set forth herein. 3. The Grantee will carry out the provisions and requirements of the ERF Agreement with regard to its obligations set forth in the ERF Agreement. Section 2.2 REPRESENTATIONS OF THE DEVELOPER. Twin Lakes Business Park, LLC (the Developer) makes the following representations and warranties. 1. The Developer is a limited liability company, duly formed and existing under the laws of the State of Minnesota, is in good standing and duly authorized to conduct its business in the State of Minnesota and all other states where its activities require such authorization, has the power to enter into this Agreement, and by proper corporate action has authorized the execution and delivery of this Agreement. • 2. The Developer will undertake the approved assessment and /or cleanup activities described in the Hennepin County ERF Agreement and referred to in the ERF Agreement and this Agreement as "the Project ". Developer agrees to complete the Project within two (2) years, of the executives of this agreement and within the terms stated herein. 3. The Developer will keep and provide to the Grantee, financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures relative to the Project, and agrees to comply with the requirements of Section 2 ACCOUNTING AND RECORDKEEPING, contained in the ERF Agreement. 4. The Developer agrees to provide completed payment request forms, provided by Hennepin County, including supporting invoices as described in Section 3 PAYMENT /DISBURSEMENT SCHEDULE, in the ERF Agreement. 5. The Developer agrees to provide all necessary information and documentation to the Grantee required by Section 4 REPORTING, of the ERF Agreement. 6. The Developer and all contractors or subcontractors performing work relative to the project will undertake the work described in the project in accordance with all local, state and federal laws and regulations (including but not limited to, environmental, zoning, building code, public health laws and regulations and employment and work place safety). • Page 2 • 7. The Developer and all contractors and /or subcontractors performing work relative to the project shall comply with applicable federal or state laws, rules or regulations against discrimination including the provisions of Minnesota Statute Section 181.59, quoted as follows: a. "That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which such employment relates; b. That no contactor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or person identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; c. That a violation of this section shall be a misdemeanor; and d. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second of any subsequent violation • of the terms or conditions of this contract." 8. The Developer hereby acknowledges and agrees to the provisions set forth in Section 6 TERMINATION, CANCELLATION AND ASSIGNMENT of the ERF Agreement and that if the ERF Agreement is canceled pursuant to Section 6 of the ERF Agreement, the Developer agrees that the Grantee shall not be responsible for payment for work performed under this Agreement which is not reimbursed by Hennepin County. Developer agrees that the Grantee's financial responsibility to Developer under this agreement will not exceed the payments made to the Grantee by Hennepin County under the ERF Agreement. 9. INDEPENDENT CONTRACTOR The Developer shall select the means, method and manner of performing the activities herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the Developer as the agent, representative, or employee of the Grantee for any purpose or in any manner whatsoever. The Developer is to be and shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any and all personnel of the Developer or other personnel while engaged in the performance of any work or services required by the Developer under this Agreement shall have no contractual relationship with the Grantee, and shall not be considered employees of the Grantee. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Worker's Compensation Act of the State of Minnesota on behalf of said personnel, • aising out of employment or alleged employment including without limitation, claims of discrimination against the Developer, its officers, agents, contractors, or Page 3 • employees shall in no way be the responsibility of the Grantee. The Developer shall defend, indemnify and hold harmless the Grantee, its officials, officers, agents, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the Grantee, including, without limitation, tenure rights, medical and hospital care, sick leave, Worker's Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. io. INDEMNIFICATION The Developer shall indemnify and hold harmless the city, its elected officials, commissioners, officers, agents and /or employees from and against all claims, damages, losss or expenses, including attorney fees, for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations resulting from or arising out of, directly or indirectly, the performance of this Agreement by the Developer, the Developer's employees, agents, contractors, or subcontractors. xi. INSURANCE The Developer agrees at all times during the term of this Areement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors and subcontractors to do likewise, the insurance coverages • specified in paragraphs 1, 2, 3 and 4 of Section 9 of the ERF Agreement. The Developer shall require that any independent contractors rendering assessment and /or cleanup activities under this Agreement furnish certificates of insurance to the Grantee, of the insurance coverages listed above, and provide updated certificates as coverages expire. Prior to the start of work relative to the Project, certificates of all insurance required, on a form approved by the Grantee, signed by an authorized representative of the insurance carrier, and stating that all provisions of the specified requirements are satisfied. The Developer shall not begin any work until the Grantee has reviewed and approved the insurance certificates. The policy shall be a standard form policy provided for by a carried approved by the State of Minnesota and shall not contain any exclusions that will restrict coverage on any operations performed by the Developer, the Developer's contractors or any subcontractors thereof. The policy or policies shall afford contractual liability coverage to provide coverage for the indemnification agreement. It is a condition of the Agreement that the policy or policies waive any or all governmental immunity as a defense in any action brought against the insured or any other party to the Agreement, up to policy limits. • Page 4 i The policy shall further provide insurance to cover all of the contractors or subcontractors operating exposures and the operation of vehicles. Approval of the insurance by the Grantee shall not in any way relieve or decrease the liability of the Developer, the Developer's contractors or subcontractors hereunder, and it is expressly understood that the Grantee does not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the Developers, contractors, or subcontractors interest or liabilities. In the event of cancellation of any of the policies, the company issuing the certificate of insurance shall provide 3o days written notice to the Grantee. Failure to do so shall impose obligation and /or liability upon the issuing company. Certificates of insurance forms shall be drafted or altered to reflect these conditions. All responsibility for payment of sums resulting from any deductible provision, corridor, or self insured retention conditions of the policy or policies shall remain with the Developer, contractors, or subcontractors. 12. AMENDMENTS This agreement between the Developer and the Grantee may be modified only by a written amendment executed by both the Grantee and the Developer. • 13. MINNESOTA LAWS GOVERNED This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. In witness whereof, the City of Brooklyn Center has caused this Agreement to be duly executed in its name and on its behalf and the Developer has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. City of Brooklyn Center, Minnesota By Its City Manager Twin Lake Business Park, LLC By Its • Page 5 • City Council Agenda Item No. 10i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ALLOCATION OF 2003 FINAL COMMUNITY DEVELOPMENT BLOCK GRANT ADJUSTMENT WHEREAS, City Council Resolution No. 2003 -35 approved the City's Community Development Block Grant (CDBG) Program for 2003 based on the City's 2002 CDBG allocation; and WHEREAS, the City's actual 2003 CBDG revenue allocation is $244,811 or $10,295 greater than the 2002 CDBG allocation; and WHEREAS, the City's 2003 CDBG Program approved by Resolution No. 2003- 35 is as follows: Proj ect Budget Shingle Creek Tower Project $175,000 Household Outside Maintenance $ 22,000 For the Elderly • Community Emergency Assistance Program $ 13,000 Rehabilitation of Private Property $ 24,516 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City's 2003 Community Development Block Grant Program is hereby amended to add $10,295 to the Rehabilitation of Private Property project for a total 2003 allocation of $34,811. 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 TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist--,//p DATE: April 8, 2003 SUBJECT: Resolution Approving Allocation of 2003 Final Community Development Block Grant Adjustment City Council Resolution No. 2003 -35 approved the City's 2003 Community Development Block Grant (CDBG) program. Hennepin County and the Department of Housing and Urban Development (HUD) required the City to approve its CDBG program by March 7, 2003. Congress did not approve the HUD budget until after the March 7 th date. As a result, cities were required to use their 2002 CDBG allocation amounts in making 2003 CDBG program decisions. Congress has approved HUD's fiscal year 2003 budget and the City of Brooklyn Center will receive $10,295 more than it's 2002 allocation of $234,516 for a total 2003 allocation of $244,811. • The City's 2003 CDBG program approved by Resolution 2003 -35 is as follows: Project Budget Shingle Creek Tower Project $175,000 Household Outside Maintenance $ 22,000 For the Elderly Community Emergency Assistance Program $ 13,000 Rehabilitation of Private Property $ 24,516 Administrative requirements for the CDBG program include: • No more than three activities should be undertaken in each city and each activity should have a budget of at least $7,500. • Public service projects (H.O.M.E. and CEAP) cannot exceed 15 percent of the total CDBG allocation. Currently the City has four activities in its CDBG program although the H.O.M.E. program and CEAP program tend to work together as a single activity. The allocation to H.O.M.E. and CEAP were maximized at the 15 percent limit under the 2002 allocation estimate. The final category for the City's 2003 CDBG program is rehabilitation of private property where CDBG funds are used to provide needed improvements to single family homes for income • eligible homeowners. The rehabilitation program has been a long standing program of the City and in some cases applicants have been on the waiting list for CDBG home rehabilitation funds for several years. Staff has prepared a resolution which would allocate the additional $10,295 in 2003 CDBG allocation to the rehabilitation of private property project. No additional public hearing is required to accomplish this. • City Council Agenda Item No. 10j • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist /p� DATE: April 8, 2003 SUBJECT: An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center At a special City Council meeting held with the City's Housing Advisory Commission on April 2, 2003, the City Council and Housing Commission reviewed a draft ordinance pertaining to the licensing of rental units in Brooklyn Center. The revisions to the draft ordinance made and agreed upon by the City Council and Housing Commission at the April 2" meeting include: • Calls for service for police and fire calls would be considered excessive and require a provisional license at .41 or more calls per unit per year rather than the over one call per unit per year in the original draft. • The ordinance would apply to apartment complexes with five units or more rather than four units and more indicated in the original draft. • The licensing period for apartment complexes would remain at two years but licensees that do not meet the calls for service requirements could lose their regular license status during the two year period and be required to obtain a provisional license. • A "no retaliation" section should be added to require that no licensee should take any punitive action against a tenant if the tenant makes a good faith call for police assistance. A copy of the revised ordinance is included with this memorandum and sections of the ordinance that have been bolded represent revisions made at the April 2, 2003, joint City Council and Housing Commission meeting. The ordinance amendment is offered for information and discussion at the present time. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , • 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new section 12 -900 as follows: Section 12 -900. PURPOSE. It is the purpose of this section to assure that rental housing in the city is decent. safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the city who occupy such units • may pursue the auiet enioyment of the normal activities of life in surroundings that are: safe. secure and sanitarv: free from noise. nuisances or annoyances: free from unreasonable fears about safety of persons and security of property. and suitable for raising children. Section 2. Section 12 -901 of Chapter 12 is hereby amended as follows: Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. [Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance.] Provisional licenses are defined in Section 12 -913. 2. License Term. Regular licenses will be issued for a period of two years. Provisional licenses will be issued for a period of six months. All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the license status. 3. License Renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance Official shall schedule an • inspection. No application for an initial or renewal license shall be submitted to the city council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. ORDINANCE NO. • Section 3. Section 12 -910 of Chapter 12 is hereby amended as follows: Section 12 -910. LICENSE SUSPENSION [OR], REVOCATION, DENIAL AND NON - RENEWAL. 1. Every [operating] license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a[n] [operating] license is suspended or revoked by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid [operating] license may be restored by the City Council. 3. Any person violating this section 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) or by imprisonment not to exceed ninety (90) days or both, together with costs of prosecution. Each day of each violation shall constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: • a. false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. C. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. [any other violation of this Chapter.] failure to comply with the provisions of an anDroved mitigation elan in the case of provisional licenses. e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. any other violation of this Chapter. [2.] 5. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. • ORDINANCE NO. • [3.] 6. A regular license may be revoked at the end of anv six -month review period, as described in section 12- 901(2) or at the end of the two -vear term upon a finding that the licensed premises are only eligible for a provisional license as provided in Section 12 -913. [4] 7. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. [5.] 8. The Council may suspend or revoke a license or not renew a license for part or all of a facility. [6] 9. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied • for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 10. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Chapter for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non- renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 8. of this Section. ORDINANCE NO. • Section 4. Chapter 12 is hereby amended to add new section 12 -912 as follows: Section 12 -912. NO RETALIATION. No licensee shall evict, threaten to evict or take any other Punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not Prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a Prohibition against contacting law enforcement agencies. - Section 5. Chapter 12 is hereby amended to add new section 12 -913 as follows: Section 12 -913. PROVISIONAL LICENSES. 1. Licensed multiple dwellings, with five or more units, that have generated an average of .41 or more Dolice or fire calls Der dwelling unit in a preceding one Year period as specified below are eligible only for provisional licenses. ProDerties with provisional licenses may qualify for a regular license onlv after a one v_ ear Deriod with fewer than .41 Dolice or fire calls per dwelling unit. • a. Police and fire calls that are counted in determining whether a provisional license is rea_uired include the following tvDes of calls or events: calls or events listed in Section 12-911. ii calls or events categorized as Dart one crimes in the Uniform Crime ReDortina System. including homicide, rap_ e, robberv, aggravated assault, burglary, theft. auto theft and arson: (iii) calls or events categ_ orized by police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons /dangerous weapons (Minn Stat. 609.02 subd.6 & 609.66) Citv Ordinance 19 -402 C) Drug paraphernalia (Minn Stat. 152.092) d) Loud Dersons — City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud parties — City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) • h) Noise — cars /dogs Citv Ordinance 1-110 - horns /radios — City Ordinance 19- 1201,02.03 i) Fights — City Ordinance 19 -203 ORDINANCE NO. • j) DruRs /narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew /status offenses /underage drinking — City Ordinance 19- 301,19 -304 1) Disorderlv conduct (Minn Stat. 609.72) m) Property damage — City Ordinance 19 -211 n) Assaults 5th decree non - domestic — City Ordinance 19 -204 o) Public disturbance — City Ordinance 19 -202 p) Fire alarms — City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) r) Unlawful assembly (Minn Stat. 609.705) Citv Ordinance 19 -1105 S) Presence at unlawful assemblv (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) U) Loitering — City Ordinance 19 -201 (iv) The Citv Manaaer may determine that multiple incidents shall be counted as a sinale call in appropriate cases. b. Calls will not be counted for numoses of determinina_ whether a • provisional license is reauired where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). C. The period of time used to determine whether a provisional license is reauired is the twelve (12) month period ending two months before the six -month review period described in section 12- 901(2). d. The City will provide by mail to each licensee a monthly_ report of calls described in paragraph (1) (a) above. 2. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in paraaranh (1) (a) to a level that oualifies for a reaular license. The mitiaation plan may include such steps as: chances in tenant screening procedures. chanaes in lease terms, securitv measures, rules and reaulations for tenant conduct, and securitv personnel. I ORDINANCE NO. • 3. The application with a Aronosed mitigation elan will be presented to the Citv Council toizether with a recommendation by the Citv Manager or the Manager's desiLynee as to the disposition thereof. After aiviniz the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doiniz in writinsz. In evaluatiniz a mitiLation plan. the Council will consider, amoniz other thines. the facility. its management practices, the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. In evaluatiniz a mitiization plan submitted by an applicant alreadv under a provisional license. the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire calls. 4. The licensee shall comp_ lv with the mitieation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the Citv Manager a written report describinEz all steps taken in furtherance of the mitiiiation plan duriniz the preceding month. • Section 6. Chapter 12 is herebv amended to add new section 12 -914 as follows: Section 12 -914. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three vears: the check must be done "in person" or by utiliziniz the most recent update of the state criminal history files: (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is movine directly from the previous state, (c) A criminal history check of any prospective tenant in their previous states of residence coverine the last three v_ ears if then_ have not resided in Minnesota for three vears or lonzer: (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin Citv area coverine at least the last three vears includiniz all misdemeanor. cross misdemeanor, and felonv convictions. 2. This ordinance shall become effective after adoption and upon thirty (30) days • following its legal publication. ORDINANCE NO. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) • I • Current Pro Additional Requirements ,; -,', A" rcF Y IY` f t, \ {, ^ „,`rosy t 'v r mA l Ga t Tenant Background C A 4. i i';' %'•`�r ` ^R.t hA §�3s? i �f 'FF,r� e M. �a; } ';'' e R SsSiti 3y5. f!'A ,_. :. .:. ground �. k y Checks rte ���.a,�; v {,s'», _,�� •,� '. #` ^:, "d''' "' 'i; � „�t. :C�>`c, 'i��z: j:rt�' ° s ° d .. 3° :F � � � r�m m : w 9"�.- !% .,.;M ^, - � '"� r Mitigation Plan gars Required - : ular LiCens 9 s k q.. _ License Rev nths Example for Rental License Expiring January 1, 2004 Current Licensing Procedure Additional Procedural Requirements Under Ordinance Amendment Section 12 -901 requires license renewals shall be filed at least 90 Provisional or regular license status is determined by calls for 1 days prior to license expiration date. In this example, the license service status as determined by the police department and ordinance renewal must be filed by October 1, 2003. License renewals are requirements. The calls for service are counted for the period 12 processed by the Community Development Department. months before the six month review period as indicated in 12 -901 (2), or the period ending October 30, 2003 in this example. Physical inspection of rental property should be scheduled at the Police department monitors calls for service and all licenses, time of filing the license renewal application. If after receiving a regular and provisional, will be reviewed every six months with renewal application an inspection has not been scheduled, a letter is regard to their calls for service status. A regular license may be mailed out asking the owner to schedule the inspection. If they do revoked at the end of any six month review period or at the end of not respond within ten days, a final notice is sent. If an application the two year license term upon a finding that the license premises for renewal is not received or inspections are scheduled prior to the are only eligible for a provisional license. licensing expiring, the inspector will post the property as unlicensed. If the calls for service data shows that the applicant is eligible for a After receiving the renewal application and scheduling an regular license, the regular license is submitted for City Council inspection, the application is held until the inspector approves the approval and the license is processed. inspection and the police department has sent the required calls for service data to determine the provisional or regular status of the license. If the calls for service data shows that the applicant is only eligible for a provisional license, the applicant must submit a mitigation plan to be reviewed by the City Council. If approved, the applicant is issued a provisional license on the expiration date of January 1, 2004. The provisional license is only good for six months, at which time it will again be reviewed to determine the licenses compliance with the mitigation plan. City Council Agenda Item No. 101 OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: April 3, 2003 Re: Retirement Incentive Program Among the suggestions made by employees for ways to approach the impending loss of State Local Government Aid was to consider retirement incentives. In seeking to balance the budget, especially if the Governor's proposed $2.22 Million reduction in aid to Brooklyn Center becomes reality, we will be forced to implement reductions in General Fund personnel. Laying off an employee would cost approximately $8,000 to $12,000 in unemployment benefits. That amount would be increased by costs of buying out balances of sick leave and vacation. Providing an incentive for retirement would allow us to plan for work force reductions with greater flexibility and greater ability to reduce total costs. In some instances, the response to a retirement may be implementation of reorganization that results in a net overall savings as part that reorganization, even though a position • may be re- created or filled, while allowing the reduction in cost of other positions or their elimination. The proposed program is time limited to accomplish the goal of enhancing our planning. Applications for a retirement incentive must be submitted by May 1, 2003 and either approved or denied by June 1, 2003. The program is entirely voluntary. Persons eligible for a full pension in 2003 must retire by August 1, 2003 or the day after the day on which they are first eligible to retire with a full pension, whichever date is later. Persons not eligible until 2004 for a full or reduced pension, must retire by the day after the date on which they are first eligible to receive a full or reduced pension. Persons eligible for a pension in 2003, but not eligible for a full pension in 2003 or 2004, must retire by August 1, 2003 or the day after the day on which they are first eligible to retire with a pension, whichever date in 2003 is later. The retirement incentive is a payment of 60% of the employee's accrued sick leave, instead of the 33 1/3 % they would normally receive upon leaving the City's employment. This incentive is thus tied to the employee's bank of accumulated sick leave, providing a greater incentive for employees with higher accumulations. 301 Shingle Creek Parkway creation and Community Center Phone & TDD Number .Y y o u be r Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING RETIREMENT INCENTIVE PROGRAM IN RESPONSE TO PENDING CUTS IN LOCAL GOVERNMENT AID WHEREAS, reduced State assistance to the City of Brooklyn Center will occur in 2003 and 2004; and WHEREAS, the City has few meaningful ways in which to replace lost State aids in 2003 and must therefore rely on cuts in its General Fund operations to balance its budget; and WHEREAS, voluntary retirements avoid costs of layoffs such as payment of unemployment compensation; and WHEREAS, voluntary retirements have the potential to restructure jobs or replace a position at a lower cost than a senior employee; and WHEREAS, employees have suggested that the City consider a retirement incentive program as part of the preparation and implementation of budget reduction measures necessitated by • the impending reduction of Local Government Aids to the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Retirement Incentive Plan attached hereto and incorporated herein by reference as Exhibit "A" be and hereby is approved. 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. • RESOLUTION NO. EXHIBIT "A" RETIREMENT INCENTIVE PLAN In addition to any other payments to which an employee would otherwise be entitled pursuant to the City's Personnel Policy or collective bargaining agreement as are applicable to an individual employee's separation from employment in good standing upon retirement, the City Manager is authorized to approve a retirement incentive equal to 60% of the employee's accumulated sick leave on the date of his /her retirement. This incentive shall be in lieu of the payment for accumulated sick leave that the employee would otherwise be entitled to receive upon retirement. In order to receive a retirement incentive, the City Manager must determine that: 1. The employee is eligible for a reduced or full PERA pension as of the date of his /her resignation from the City. 2. The employee's resignation is voluntary. 3. The City will be able to recoup the amount of the incentive by one, or a combination of the following means: a. Leaving the position unfilled: • i. Indefinitely or permanently ii. Until the incentive has been recouped in salary and other cost savings. b. Reorganization of duties resulting in a net savings that will recoup the amount of the retirement incentive. Additionally, the employee must: 1. Submit his /her application for a retirement incentive by May 1, 2003. 2. Retire on or before the latter of August 1, 2003 or the 2nd day after first eligible to retire with a full, unreduced PERA pension in 2003 3. Retire on or before the latter of August 1, 2003 or the 2' day eligible to retire with a PERA pension in 2003 who would not be eligible for a full Rule of 90 pension or full police /fire pension in 2004. 4. Retire in 2004 on or before the 2' day when the employee would be eligible to receive a full Rule of 90 PERA or full police /fire pension. 5. Retire in 2004 on or before the 2" day when the employee would be become eligible to receive a PERA pension. 6. Receive written approval of a retirement incentive from the City Manager based on the City's Manager's determination of eligibility for the retirement incentive as set forth in this policy before June 1, 2003. I