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HomeMy WebLinkAbout2003 07-14 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION July 14, 2003 6:00 P.M. Council Commission Conference Room 1. Convene for closed executive session in All America Room to discuss personnel matter 2. Reconvene in Council Commission Conference Room 3. City Council discussion of agenda items and questions 4. Report/Discussion signs at 69`" & Brooklyn Blvd. 5. Scheduling City Council work session 6. Miscellaneous 7. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaul City Manager Date: July 10, 2003 Re: Signage for 69 & Brooklyn Blvd. Development Council Member Niesen has requested a report on the status of signage for the redevelopment at 69 & Brooklyn Blvd. and the Chez Cafe in particular. I received a report from Mr. Hoffman on the issues raised in the attached a -mails regarding signs. Mr. Hoffman has discussed the options available to Chez Cafe with the owner of the Cafe on several occasions. There is the availability of'up to two 10 day administrative permits for additional signage. The development is also able to have a development sign alerting people to the new and coming tenants. Ultimately, the determination as to the extent that such signage will be used is the prerogative of the owner of the center. Mr. Hoffman has also spoken with Westbrook (the center owner) about the signage. Westbrook has indicated to Mr. Hoffman that they do not want extensive signage on the development. It is their intent to have a monument that says 'Boulevard Market" only. They intend to do promotions of the complex through their marketing department. Mr. Hoffman has advised the owners of the C66 that the issue of additional signage is primarily a matter between the Caf6 and Westbrook, since Westbrook as the owner of the center controls the placement and allocation of signs. There is additional signage that is allowed under our ordinances that Westbrook has not chosen to use. Mr. Hoffman has also suggested to the Cafe owners that they consider, in addition to discussing the matter with Westbrook, a sign that is more readily able to convey the business' identity and products. 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 ,. Fa e 1 From: Diane Niesen To: councilmembercarmody @ci.brooklyn- center.mn.us, mayorkragness@ci.brooklyn- center. mn. us,councilmemberlasman @ci. brooklyn - center. mn. us, MMcCauley @ci. brooklyn- center.mn.us,councilm emberpeppe@ci.brooklyn-center.mn.us Date: 718/03 6:51 PM Subject: Fwd: Signage at Chez Cafe Forwarded Mail received from: Chez Cafe I visited Chez Cafe recently. In the course of conversation - I was telling them how hard their sign is to read from B. Blvd. - I learned that they have made inquiry and request to our City on that issue. Mike, please bring their issue to the next Council meeting and let us know the status. I find C. Cafe's sign almost impossible to read from B. Blvd. and the script is partially the culprit, but there are other issues as Vikki outlined. We all agree that attracting and retaining new businesses to Brooklyn Center is a vital goal, which is why we voted to modify /change BC's sign ordinance for Culvers. I look forward to giving this new BC business the same level of encouragement and support as we have provided other new businesses and hope staff is reviewing Chez Cafe's request(s) with that goal in mind, and a similar supportive, "Welcome to Brooklyn Center - we're glad you're here" attitude. Diane CC: vemery@earthlink.net 'F Michael McCaule�r -Chez C afe Signage Pa e 1 � R . From: 'Victoria Emery" <vemery@earthlink.net> To: <councilmemberniesen @ci. brooklyn- center. mn. us> Date: 7/7/03 8:13PM Subject: Chez Cafe Signage Vik and I want to thank you for the opportunity to have you consider possibly allowing us to have additional signage on or near Brooklyn Blvd. It is our understanding, from talking to folks that come into our shop, that it is hard to read our sign from Brooklyn Blvd. We know now that it was a design flaw on our part that contributes to the problem but also the angle of the building, Culver's position and the distance from the Blvd. We are very grateful to all of the folks that have found us and are listening to their suggestions on how to help us let others know we're here and open. We feel that an aesthetically pleasing sign will not only help us but will be of benefit to the others in the building now and in the future. We all hope this center is a positive improvement for Brooklyn Center and letting others know what's available to them would be a valuable thing. Again THANK YOU for taking the time to consider our request. if Vikki or I can be of any service to you in this process please contact either of us at 763 - 560 -8900. Bruce & Vikki Emery Chez Cafe vemery@earthlink. net CC: < councilmembercarmody @ci.brooklyn- center.mn.us >, <councilmemberpeppe @ci.brooklyn- center.mn.us >, <councilmemberlasman @ci.brooklyn - center.mn.us> i City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaul y City Manager Date: July 10, 2003 Re: City Council Work Session Agenda Items There are several pending and new work session agenda items: 1. Council Member Niesen a. Public hearings b. Agenda process c. City Council Minutes d. Policy on semi - annual reports on lost property received & disposed i. Note: under ordinance that was adopted all lost property goes to the auction e. Broadcasting other city council meetings 2. Northwest Regional Human Rights Commission a. Position on outreach to assist Department of Human Rights 3. Tree replacement and sod policies for street projects I would suggest scheduling a City Council work session immediately following the b August 11 ' or July 2$ regular City Council meetings. With the budget meetings that are scheduled and will be scheduled, having a work seesion following a regular City Council meeting would be expeditious. If there are other items that the Council would like on the agenda, please advise. I . I 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 Public Copy • CITY COUNCIL MEETING City of Brooklyn Center July 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. - Theresa Rousseau, St. Alphonsus Parish 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. June 16, 2003 - Joint Work Session with Financial Commission 2. June 23, 2003 - Study Session 3. June 23, 2003 - Regular Session b. Licenses c. Approval of Secondhand Dealer Applications and Licenses for GameStop Inc. dba/GameStop #535, 6068 Shingle Creek Parkway, and GameStop #1704, 1307 Brookdale Center CITY COUNCIL AGENDA -2- July 14, 2003 d. Approval of Application from St. Alphonsus Church to Conduct a Raffle on September 21, 2003 e. Approval of Application from St. Alphonsus Church to Conduct Raffles on November 8 and 9, 2003 f. Approval of Site Performance Guarantee Releases for Holiday Stationstore, 420 66 Avenue North; and Target Store, 6100 Shingle Creek Parkway g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees h. An Ordinance Vacating a Portion of Street Right -of -Way: Shingle Creek Parkway South of 69 Avenue North - Motion to approve first reading and set second reading and public hearing on August 11, 2003. i. An Ordinance Vacating a Portion of Utility Easement Along Garden City Elementary School, Osseo School District No. 279 - Motion to approve first reading and set second reading and public hearing on August • 11, 2003. j. Resolution Authorizing a Professional Service Agreement with In- Control Inc. for the Supervisory Control and Data Acquisition System k. Resolution Approving Agreement on Employment Matter 8. Public Hearing a. An Ordinance Granting CenterPoint Energy Minnegasco, a Division of CenterPoint Energy Resources Corporation, a Delaware Corporation, Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Brooklyn Center, Minnesota, for Such Purpose; and, Prescribing Certain Terms and Conditions Thereof -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items • a. Resolution Expressing Recognition For and Appreciation of the Donations and Volunteers for the Beautification of Central Park - Requested Council Action: - Motion to adopt resolution. I. CITY COUNCIL • I AGENDA -3 July 14, 2003 b. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of the Earle Brown Days Committee -Requested Council Action: - Motion to adopt resolution. C. Setting Date for Sale of Refunding Bonds - Resolution Providing for the Competitive Negotiated Sale of $5,120,000 General Obligation Police and Fire Building Refunding Bonds, Series 2003B - Resolution Providing for the Competitive Negotiated Sale of $2,505,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C -Requested Council Action: - Motion to adopt resolutions. d. Resolution Authorizing the Purchase of Properties in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 -Requested Council Action: - Motion to adopt resolution. C. Report on Locomotive Horn Operations at the Railroad Crossing on Azelia Avenue North - Requested Council Action: -None, report only. £ An Ordinance Amending Chapters 11 and 23 of the Brooklyn Center Code of Ordinances, Relating to Liquor Licensing and General Licensing Regulations - Requested Council Action: - Motion to approve first reading and set second reading and public hearing on August 11, 2003. g- Amending 2003 City Council Meeting Schedule to Add a City Council Work Session -Requested Council Action: - Motion to amend 2003 City Council Meeting Schedule to add a City Council Work Session for July 28 or August 11, 2003. h. Report on Deer Complaints - Requested Council Action: -None, report only. i. Report on Code Enforcement -Requested Council Action: • -None, report only. • CITY COUNCIL AGENDA 4- July 14, 2003 j. Report on Dog Ordinance Options -Requested Council Action: - Council direction. 10. Adjournment • • City Council Agenda Item No. 7a I • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 16, 2003 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a j oint Work Session with the Financial Commission and was called to order by Mayor Myrna Kragness at 6:02 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Bob Peppe. Councilmember Kathleen Carmody was absent and excused. Councilmember Niesen was absent and arrived at 6:05 p.m. Also present: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. Financial Commission Members present: Chair Donn Escher, Jay Hruska, Mark Nemec, Lawrence Peterson, and Gavin Wilkinson. • Financial Commission Member Jerald Blamey arrived at 6:07 p.m. PRESENTATION BY AUDITORS Dave Mol, Managing Partner for HLB Tautges Redpath, Ltd., distributed and outlined a summary of the City's 2002 Audit Review. Some of the highlights that were noted was that the City's Comprehensive Annual Financial Report had a clean opinion for 2002; there were no compliance findings in the State Legal Compliance Report; the City is suggested to review it's current policy and determine if additional reserves are appropriate; and that the Debt Service Funds are in good condition. Mr. Mol informed that there will be a new audit standard for 2003 called SAS 99 and that GASB 34 will be implemented for the 2003 audit. The SAS 99 will require auditors to be more skeptical when preparing audits; and GASB 34 will dramatically change the audit process. Mayor Kragness asked that more detail be provided on the three reportable conditions noted with the report on internal control. Mr. Mol discussed that the conditions were listed in the Schedule of Expenditures of Federal Awards and Independent Auditor's Reports on page 9 and read the conditions and recommendations for the three reportable conditions. • 06/16/03 -1- DRAFT Councilmember Niesen questioned the grant management condition and what department may have • caused this condition. Jeff Wilson, HLB Tautges Redpath, Ltd., Lead Auditor, informed that the Police Department had several grants that had a few technical issues. Councilmember Lasman questioned the City's Bond Rating. Mr. McCauley informed that the City's Bond Rating did not change and that the Bond Rating is still A -1. Mr. Mol discussed that the Council may be asked in the future to review and sign a Letter of Representation that would indicate that no Council Member had a personal financial interest in the sale, lease, or contract of the City; or a direct member of a family, personally benefited from any such transaction. Councilmember Peppe questioned the purpose of the Letter of Representation. Mr. Mol informed that the State Auditor is requiring this to follow limited review to make sure that there are no conflicts of interest. Mr. McCauley informed that the 2002 Audit Report would be on the June 23, 2003, City Council agenda for approval. MISCELLANEOUS Mr. Escher questioned what direction the Council would like the Financial Commission to seek regarding the budget issues the City is facing. Mr. McCauley informed that he met with Mr. Escher • and Fiscal and Support Services Director Doug Sell last week and discussed targets. Mr. McCauley suggested that the $1.7 Million loss be addressed, for discussion purposes, through an overall cut of 1/3 of the $1.7 Million loss in operating expenses, replacement of 1/3 of the $1.7 Million loss or $500,000 to $600,000 so as to retain operation of the Community Center and the provision of youth programs and some other activities, and that 1/3 of the loss be offset by removing the transfers from the General Fund for street reconstruction and park improvements from the General Fund and the imposition of approximately $600,000 in franchise fees dedicated exclusively to street reconstruction costs. Financial Commissioner Jerald Blarney questioned if a full levy would work. Mr. McCauley discussed that if the City does not levy to the fullest for 2004, they may loose any unused levy in 2005. Mr. McCauley reminded that the exact numbers will not be known until approximately the end of August and that at this time there just needs to be some targets set for the Financial Commission. Council continued discussions on levies and franchise fees. Mayor Kragness suggested that a combination taxes, levy, and cuts, be considered. 06/16/03 -2- DRAFT t i • Councilmember Peppe expressed that the focus should be on the community impact if franchise fees were implemented. Councilmember Niesen expressed that Brooklyn Center residents cannot afford a tax increase. Councilmember Lasman suggested that the three 1/3 suggestions be considered and to take care of the bigger things first and then fine tune. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the joint Work Session at 7:30 p.m. Motion passed unanimously. City Clerk Mayor • • 06/16/03 -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 STUDY SESSION JUNE 23, 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, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Carmody inquired about City Council Agenda Item 9a, Resolution Expressing Appreciation to St. Alphonsus Home and School Association for Their Donation of $75 for the D.A.R.E. Program, and what would happen with the donation if there were no D.A.R.E Program next year. City Manager Michael McCauley discussed that the D.A.R.E. Program has been operated during the first six months of this year and that the donation will be used for this year. DISCUSSION OF OPTIONAL 2:00 A.M. BAR CLOSING Councilmember Carmody informed that she might have a conflict of interest for this topic since she is a member of a Restaurant Association. Mr. McCauley discussed that he believes there would not be a conflict of interest since she does not have a direct financial interest in an establishment. Mr. McCauley discussed that staff would recommend that the City take no action at this time. Mayor Kragness questioned if there were any bars requesting a 2:00 a.m. bar closing. Mr. McCauley responded that no bars have made a request at this time. Staff would like to review with the North Metro Convention and Visitors Bureau and the Earle Brown Heritage Center to see what their recommendation might be on this matter. • 06/2 -3/03 -1- DRAFT MISCELLANEOUS Mayor Kragness inquired if the Council would be interested in adopting a resolution stating support for an amendment to the 2003 Minnesota Personal Protection Act and giving cities authority to prohibit guns on city property. Mr. McCauley informed that the City s working on a policy for tY g p Y employees and questioned how much time and energy the Council would like to spend on this matter. Council discussed the matter. Councilmember Lasman expressed that she would support the resolution. Councilmember Peppe expressed that he believes what the Legislature did was correct; however, he is not sure that signs will help on City property. Mayor Kragness discussed that she believes that the Council needs to send the message that cites are unhappy about the Personal Protection Act. Councilmember Niesen asked for clarification of what the Study Sessions should be used for and if this resolution would be on the present agenda. Mayor Kragness discussed that Study Sessions are for discussion and clarification of present agenda items. Study Sessions are also used for Council to suggest and discuss future agenda items. This resolution would not be on the present agenda and is for consideration by the Council for a future agenda item. Councilmember Niesen informed that she is not interested in supporting the resolution. Councilmember Carmody expressed that she believes the resolution goes too far and that she does not want to prohibit guns at the facilities listed in the resolution. • Mr. McCauley discussed that the Council might wish to amend the sample resolution and limit the language to urge Legislators to address the issue in the next Legislative Session. There was no direction provided on this matter. Councilmember Niesen questioned if regular updates are provided to the Council on Tax Increment Financing (TIF) Districts. She has concerns with the TIF and would like to know about the transferring of TIF. Mr. McCauley informed that no regular updates are provided; however, the movements are shown in the Financial Statements. The TIF funds can be transferred from one district to another, not towards any another funds. Councilmember Niesen stated that she would like reports on TIF, TIF District 4 obligations to Real Estate Recycling, and when the districts end. Mr. McCauley responded that information would be supplied. I Councilmember Niesen questioned if the abandoned property ordinance had been adopted. She also wanted to discuss having a policy to require semi - annual reports on property received and its disposition. Mr. McCauley informed that the ordinance was adopted and that the ordinance is not a policy. If the Council would like to propose a policy they may do so. Councilmember Niesen stated that she would like to discuss this matter at a work session. e 06/23/03 -2- DRAFT i • A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn to the Informal Open Forum at 6:45 p.m. Motion passed unanimously. The Council continued its Study Session after the Informal Open Forum at 6:53 p.m. Councilmember Peppe expressed that he was not sure if the direction provided at the June 16, 2003, joint meeting with the Financial Commission was clear. He believes that the City needs to find additional revenue sources and expressed that he is not a big advocate for slowing down street projects. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:58 p.m. Motion passed unanimously. City Clerk Mayor • • 06/23/03 -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 JUNE 23, 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, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Terry Buchanan, 6000 6�' Street, Fridley, addressed the Council to discuss that he had applied for a check- cashing license in Brooklyn Center; however, he was informed that the license would be • turned down because of the 300 feet clause in the ordinance. City Manager Michael McCauley informed that Mr. Buchanan would like to know if the Council would like to revisit the ordinance. Council discussed and there was consensus that the ordinance would not be revisited. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Peppe 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 7:02 p.m. i • 06/23/03 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody wished to remind that the Earle Brown Days events would be starting on Thursday, June 26, 2003. Councilmember Lasman reported that she attended aNational Night Out meeting on June 11, 2003; the Riverwood Neighborhood Picnic on June 17, 2003; and the League of Minnesota Cities Conference June 18 through 20, 2003. Councilmember Peppe reported that the Council had a joint meeting with the Financial Commission on June 16, 2003, to discuss budgeting issues for 2004. Mayor Kragness reported that she attended the North Metro Mayors Association meeting on June 1, t 2003; the Association of Metropolitan Municipalities on June 12, 2003; and the League of Minnesota Cities Conference. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Councilmember Niesen requested that Consent Agenda Item 7a, Approval of Minutes, be removed. Motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the agenda and consent agenda with the removal of Consent Agenda Item 7a, Approval of Minutes, to Council Consideration Item 9f. Motion passed unanimously. 7a. APPROVAL OF MINUTES This item was removed from the Consent Agenda and repositioned as Council Consideration Item 9f. 06/23/03 -2- DRAFT • 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICE OPERATOR Americinn Motel and Suites 2050 Freeway Boulevard Best Western Inn 1501 Freeway Boulevard Brookdale Center 1108 Brookdale Center Brooklyn Center Community Center 6301 Shingle Creek Parkway Brooklyn Center Legion 6110 Brooklyn Boulevard Centerfields 1501 Freeway Boulevard Comfort Inn 1600 James Circle North Davanni's 5937 Summit Drive Denny's Restaurant 6405 James Circle North Earle Brown Lanes 6440 James Circle Family Dollar Store 44514 6223 Brooklyn Drive Family Dollar Store #5110 2105 57 Avenue North MCTO 6845 Shingle Creek Parkway Thunder Alley 5930 Earle Brown Drive GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey BFI Waste Systems P.O. Box 39, Circle Pines Walz Brothers P.O. Box 627, Maple Grove MECHANICAL Corporate Mechanical 5114 Hillsboro Avenue North, New Hope Fireside Hearth & Home 2700 Fairview Avenue North, Roseville SIGN HANGER, All -Brite Sign Inc. 13325 Commerce Boulevard, Rogers 7c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003 -97 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 06/23/03 -3- DRAFT I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2003-09, FOR LIFT STATION NO.3 AND 4 CONTROL CABINETS RESOLUTION NO. 2003 -98 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 20031-09, FOR LIFT STATION NO. 3 AND 4 CONTROL CABINETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. PRESENTATION FROM HLB TAUTGES REDPATH, LTD 8a. RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2002 Dave Mol, Managing Partner for HLB Taut es Red path, Ltd., outlined the summary of the Ci t y 's • g g g p az'Y tY 2002 Audit Review. Some of the highlights that were noted was that the City's Comprehensive Annual Financial Report had a clean opinion for 2002; there were no compliance findings in the State Legal Compliance Report; the City is suggested to review it's current policy and determine if additional reserves are appropriate; and that the Debt Service Funds are in good condition. RESOLUTION NO. 2003 -99 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CATHY HENNESSY 23/0'' -4- DRAFT 06/ � Mayor Kragness read the resolution expressing • Y g recognition and appreciation for the dedicated public service of Cathy Hennessy. RESOLUTION NO. 2003 -100 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CATHY HENNESSY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. RESOLUTION EXPRESSING APPRECIATION TO ST. ALPHONSUS HOME AND SCHOOL ASSOCIATION FOR THEIR DONATION OF $75 FOR THE D.A.R.E. PROGRAM Mayor Kragness read the resolution expressing appreciation to St. Alphonsus Church and Home Association for their $75 donation for the D.A.R.E. Program. RESOLUTION NO. 2003 -101 • Councilmember Carmody introduced the following esolution and moved its adoption: option: RESOLUTION EXPRESSING APPRECIATION TO ST. ALPHONSUS HOME AND SCHOOL ASSOCIATION FOR THEIR DONATION OF $75 FOR THE D.A.R.E. PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. PROCLAMATION DECLARING COMMUNITY ACTIVITIES, RECREATION AND SERVICES (CARS) WEEK JULY 13 THROUGH 19, 2003 Mayor Kragness read the Proclamation Declaring Community Activities, Recreation and Services (CARS) Week July 13 Through 19, 2003. A motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt Proclamation Declaring Community Activities, Recreation and Services (CARS) Week July 13 Through 19, 2003. Motion passed unanimously. • 0 2�' 6/ 3/03 -5- DRAFT 9d. RESOLUTION ADOPTING FEE SCHEDULE FOR ELECTRICAL PERMITS • City Manager Michael McCauley discussed that this resolution would adopt a fee schedule for electrical permits and that the proposed fee schedule is consistent with the State fee schedule established by the State Board of Electricity. RESOLUTION NO. 2003 -102 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING FEE SCHEDULE FOR ELECTRICAL PERMITS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. AN ORDINANCE AMENDING SECTIONS 34 -110 AND 34 -140 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO SIGN REGULATIONS Mr. McCauley discussed that this ordinance amendment would allow changing messages in two - second intervals. He informed the Council that there were representatives from Culver's who had requested the amendment to the City's Ordinance. There were no questions from the Council. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve first reading • and set second reading and public hearing on July 28, 2003. Motion passed unanimously. 9f. APPROVAL OF MINUTES This item was removed from the Consent Agenda and repositioned on Council Consideration. Councilmember Niesen requested the two following changes to the June 9, 2003, regular session minutes: Page 8: Councilmember Niesen discussed that she has issues with the proposed rental ordinance; however, she agrees with the public safety and disagrees with the methods. Page 10: Councilmember Niesen expressed that she believes there has been a lot of good feedback and that she would like to have more discussion on the proposed ordinance. A motion by Councilmember Peppe, seconded by Councilmember Carmody to approve the minutes of June 9, 2003, study and regular sessions with the above amendments. Motion passed unanimously. 06/23/03 -6- DRAFT 10. ADJOURNMENT • There was a motion by Councilmember Peppe, seconded by Councilmember Niesen to adjourn the City Council meeting at 7:24 p.m. Motion passed unanimously. City Clerk Mayor • 06/23/03 -7- DRAFT i • City Council Agenda Item No. 7b MT City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, Manager Y� Y g FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 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 July 14, 2003. AMUSEMENT DEVICE OPERATOR Chi - Chi's, Inc. 2101 Freeway Boulevard Regal Cinemas Inc. 6420 Camden Avenue North GARBAGE HAULER Armor Roll -Off Service 3291 Terminal Drive, Eagan Aspen Waste Systems, Inc. 2951 Weeks Avenue, Minneapolis Darling International 9000 382n Avenue, Blue Earth Midwest Grease P.O. Box 26, Redwood Falls • Randy's Sanitation, Inc. P.O. Box 169, Delano T & L Sanitation P.O. Box 49695, Blaine Walters Recycling and Refuse P.O. Box 67, Circle Pines Waste Management - Blaine 10050 Naples Street NE, Blaine MECHANICAL D J's Heating & A/C 6060 LaBeaux Avenue, Albertville Marsh Heating & A/C 6248 Lakeland Avenue North, Brooklyn Park R & S Heating & A/C 12600 Creek View Avenue, Savage RENTAL See attached sheets. SIGN HANGER Sign -A -Rama 13692 Grove Drive, Maple Grove 10 01 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.cityolbrookiyncenter.org Calls for Service for Rental Properties • Carrington Drive -128 Units From 060103 to 070103): Norman Chazin (1302 -08 69 Avenue and 6910 -20 Humboldt Avenue) Other jurisdiction 6 Suspicious activity 13 Aid & assist 6 Disturbing the peace 18 Fire 3 Motor vehicle theft 7 Domestic 3 Miscellaneous public 2 Drugs 1 Theft 3 Vandalism 11 Medical 8 Burglary 2 Family dispute 2 Property damage MV 1 Found property 1 Sex crimes 1 Rules and Regs 1 • Traffic stop 1 Assault 1 Total calls: 91 5825 Dupont: Pal Ace Yang No calls 4210 Lakebreeze: James and Bobbie Simons 02/07/03 Assault 12/27/02 Domestic 09/25/02 Local recovery stolen auto 4207 Lakeside #320: Heinz Pollinger No calls 2812 O'Henry: Mainsl Properties 06/09/03 Suspicious activity 03/21/03 Crime against family • 07/09/02 Identity theft i • 6218 Unity: Chuzong Xiong 05/14/03 Aid and assist 03/04/03 Suspicious activity 01/19/03 Assist other jurisdiction 5300 Vincent: Patricia Beier 11/11/02 Aid and assist 5304 Vincent: Patricia Beier 04/27/03 Disturbing the peace 10/02/02 Miscellaneous public 07/10/02 All other 350147 Ih - 11 Units: Richard Grommes 06/21/03 Domestic 05/17/03 Disturbing the peace 03/12/03 Parking violation 01/31/03 Felony theft • 12/04/02 Theft 09/24/02 Suspicious activity 06/14/02 Suspicious activity 3012 51 St : Steven Elhardt 01/12/03 Disturbing the peace 01/11/03 Disturbing the peace 10/10/02 Juvenile runaway 09/26/02 Juvenile runaway 08/28/02 Disturbing the peace 06/21/02 Family Dispute 3018 51 St : Steven Elhardt No calls 4518 65 ": Ernest Anyanwu 06/01/03 Motor vehicle theft 05/27/03 Disturbing the peace 02/15/03 Suspicious activity • 12/05/02 No MN driver's license I • 532272 "d Circle: Lenita Elon No calls 6613 Camden: Charles Bailey No calls 5637 Emerson: Douglas Pederson No calls 6824 Fremont Place: David Oium 5/26/03 Disturbing the Peace 5/3/03 Domestic 4/7/03 Domestic 1/11/03 Fire /other 8/21/03 Unwanted guest 5707 Emerson: Lois Frost • 03/28/03 Suspicious activity 5925 Ewing: Chai Vang 05/21/03 Medical 7242 Knox: Damien Washington No calls 3318 Mumford: Olufemi Olagbaju 10/13/02 Damage to property 6912 Unity: Geri Williams 03/17/03 Alarm 11/11/02 Alarm 11/02/02 Damage to property 08/26/02 Alarm 08/12/02 Alarm 08/05/02 Alarm • i City ouncil ty Agenda Item No. 7c • ��pOKLYN C�Nt BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold DATE: June 25, 2003 SUBJECT: Secondhand Dealer Applications and Licenses GameStop, Inc. dhalGameStop #535, located at 6068 Shingle Creek Parkway and GameStop #1704, located at 1307Brookdale Center, #76 The background investigation has been completed with regard to the application submitted by GameStop, Inc. for secondhand dealer licenses for both their stores located in the city of Brooklyn Center. • All appropriate fees and documentation have been submitted. Sgt. Stu Robinson has completed the background checks and nothing was found in the investigation that would preclude GameStop, Inc. from being granted a secondhand dealer license. For your information, the corporate office for GameStop, Inc. is located in Grapevine, Texas. I am requesting that this item be put on the next council agenda for consideration. SB:kh OQpOKLYN CENTF9 BROOKLYN CENTER • POLICE DEPARTME� NT POLICE MEMORANDUM TO: City Clerk Sharon Knutson, Deputy City Clerk Maria Rosenbaum FROM: Kim Heiser, Administrative Manager DATE: July 15, 2003 SUBJECT: Secondhand Dealer License Request Please type a license(s) for the following secondhand dealer establishment: NAME: GameStop, Inc. • DBA: GameStop 4535 LOCATION: 6068 Shingle Creek Pkwy PHONE: 763 -561 -8782 CLASS: Secondhand Dealer FEE PAID: $750.00 • e �ppKLYN CE& BROOKLYN CENTER I* POLICE DEPARTMENT POLICE MEMORANDUM TO: City Clerk Sharon Knutson, Deputy City Clerk Maria Rosenbaum FROM: Kim Heiser, Administrative Manager DATE: July 15, 2003 SUBJECT: Secondhand Dealer License Request Please type a license(s) for the following secondhand dealer establishment: NAME: GameStop, Inc. • DBA: GameStop # 1704 LOCATION: 1307 Brookdale #76 PHONE: 763 -503 -9488 CLASS: Secondhand Dealer FEE PAID: $750.00 City Council Agenda Item No. 7d BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Chief Scott Bechthold DATE: June 18, 2003 SUBJECT: Application to Conduct Raffle St. Alphonsus Church On June 18, 2003, the Brooklyn Center Police Department received an Application for Exempt Permit to conduct a raffle from St. Alphonsus Church. This application is for an event to be held at St. Alphonsus Church on September 21, 2003. This application has been approved and will • be returned to the St. Alphonsus representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. SB:kh • i O:r City of Brooklyn Center A Millennium Community July 15, 2003 Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 West County Road B Roseville, MN 55113 To Whom It May Concern: The City of Brooklyn Center has received and reviewed the Application for Exempt Permit to conduct a raffle from St. Alphonsus Church for an event to be held September 21, 2003, at St. Alphonsus Church located at 7025 Halifax Ave N within the city of Brooklyn Center, Minnesota. • The City of Brooklyn Center has waived the 30 day period to withdraw our approval for both these applications. Should you have any questions regarding the waiver, please feel free to contact me at 763 -569- 3306. Sincerely, " 4; �k Sharon Knutson City Clerk SK:kh 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 Page 1 of 2 06/03 %iflleSOta Lawful Gambling Page Board Use Only 1.G220 Application for Exempt Permit Fee $50 Fee Paid • Organization Information Check No. Organization name Previous lawful gambling exemption number 5-�. /4 xa a q Street City State /zip code County �aaS foal � cuc �✓e•�I: �roa l �r.� er,41 11Vh 1 1 5 T 41, 561 Jjn, j 2 Name of chief executive officer (CEO) `� Daytime phone number of EC O First name Last name Include area code / 19 err% /if 3 — 5"b ! —S %QJ Name of treasurer Daytime phone number of First name Last name treasurer. Include area code /�G.r 16 ry W rl �XG 3 -- 5& 0 0 F Type of Nonprofit Organization Check the item that best describes your organization: Fraternal )4 Religious — Veteran _ Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: — IRS letter indicating income tax exempt status _ Certificate of Good Standing from the Minnesota Secretary of State's Office _ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board • Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) r Ad (do not use PO box) Y / C /_ / State/zip code County T Qo SL�• �Y • �r> �avl� ty t ✓l/1 1:5 6 V.A fYt�n %p�1 Date(s) of activity (for raffles, indicate the date of the drawing) 3•e m L'e.roZ t , 2 O 03 Check the item(s) that indicate the type of gambling activity your organization will be conducting: — *Bingo X_ Raffles (cash prizes may not exceed $12,000) — *Paddlewheels ^ '`Pull -Tabs _ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in name and address will be public Board whose work assignment requires alternative format (i.e. large print, Braille) information when received by the Board. that they have access to the information; upon request. The information requested All the other information that you provide the Minnesota Department of Public on this form (and any attachments) will be will be private data about you until the Safety; the Minnesota Attorney General; used by the Gambling Control Board Board issues your permit. When the Board the Minnesota Commissioners of (Board) to determine your qualifications to issues your permit, all of the information Administration, Finance, and Revenue; the be involved in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor, national and Minnesota. You have the right to refuse to process of applying for your permit will international gambling regulatory agencies; supply the information requested; however, become public. If the Board does not issue anyone pursuant to court order; other if you refuse to supply this information, the you a permit, all the information you have individuals and agencies that are Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal qualifications and, as a consequence, may permit remains private, with the exception law to have access to the information; refuse to issue you a permit. If you supply of your name and your organization's name individuals and agencies for which law or the information requested, the Board will and address which will remain public. legal order authorizes a new use or sharing be able to process your application. Private data about you are available only to of information after this Notice was given; Your name and and your organization's the following: Board members, staff of the and anyone with your consent. • Page 2 of 2 LG220 Application for Exempt Permit / 06/03 Organization Name d/lc& ✓GA-f l+ 7 4eA44S( S • Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day ❑ The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Print nam city P 04 Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Date / ! Date /_ / TOWNSHIP: On behalf of the township, I acknowledge that • the organization is applying for exempted gambling activity within the township limits. [Atownship has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application , plete� and acc to' too,t'he best of my knowledge. Chief executive officer's signature / � / �>R�`✓�:000/ Name (please print) Ck �J. U /e� L E Date 0 /16/ 03 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a check for $50. Make check payable to "State of Minnesota ". local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. • Roseville, MN 55113 LG220 Application for Exempt Permit, Information Sheet 06/03 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling • an exempt permit? activity on five orfewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina_ - Nonprofit Articles Under a national organization of Incorrooration OR If your organization falls under national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2, a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a subordinate. • Minnesota Secretary of State Business Services Division Not under a national organization 0 State Office Building If your organization does not fall under a national 18 18 Paul, 55155 organization, attach a copy of the IRS income tax St. exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report • A financial report form and instructions will be sent with your permit. and recordkeeping • Complete and return the financial report form to the Board within 30 days of your date required of activity. • Your organization must keep its gambling records for 3 -1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at 651 - 639 -4000. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651- • 639 -4000. Or, check our web site at www.gcb.state.mn.us. City Council Agenda Item No. 7e BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Chief Scott Bechthold DATE: June 26, 2003 SUBJECT: Application to Conduct Raffles St. Alphonsus Church On June 26, 2003, the Brooklyn Center Police Department received an Application for Exempt Permit to conduct a raffle from St. Alphonsus Church. This application is for events to be held at St. Alphonsus Church on November 8 th and November 9th, 2003. This application has been • approved and will be returned to the St. Alphonsus representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. SB:kh • I Minnesota Lawful Gambling Page 1 of 2 3101 • LG220 Application for Exempt Permit Fee - $25 For Board Use Only Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number m in -F Al po hoin5as zK-270 9 Street City I State/Zip, Code County Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO 0f+1r1 4 7� 3-S6/ -- -31J `// Name of treasurer Daytime phone number of F' st name Last name treasurer: cc, V C 4 d � jo� Type of Nq profit Organization r 1 Check the box that best describes your organization: ❑ Fraternal Religious ❑ veteran 9 Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board • Gamblinq Premises Information Na e of premises where gambling activity will be conducted (for raffles list the site where the dra ing will take place) W Cpl lc�,.5us �C s /7 r/ Address (do not use PO box) City / /I RV State /Zip Code County L Pi14Pi/ �.�✓� �fJ19'f� //7 Date(s) of activity (for raffles, indicate the date of the draW(ng) NC U P;vt 6 r g ,r q .. ©6,3 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: [] *Bingo XRaffles (cash prizes may not exceed $12,000) ❑ *Paddlewheels ❑ *Pull -Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form (and any attachments) will be information that you provide will be private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the (Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supply the information requested; however, applying foryour permit will become public. international gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a permit. If you supply private, with the exception of your name law to have access to the information; the information requested, the Board will and your organization's name and address individuals and agencies for which law or • be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Page 2 of 2 3/01 • Organization Name --------- ------------------------------------------------------------------ Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day waiting period, and allows the Board to issue a � The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. The county denies the application. Pri ame of city 4� � _�aok�i� -- Print name of county _____________ __________________ Ce h4-(^ (Signature of city personnel receiving application) (Signature of county personnel receiving application) _- • - - -- Title_ +C r Title ------------------------------------------ I �[ ((( - - - - -- Date ------/----- / - - - - -- • Date-_L/_O /_ 13 TOWNSHIP: On behalf of the township, l acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township ------------ — ---------------- (Signature of township official acknowledging application) Title Date ----- / --- / - - -- Chief Executive Officer's Signature The information provided in this applica , complete and Accurate to the best of my knowledge. Chief executive officer's signature Name (please print) 1 ?/1TR /C/l C -�RlC� Date_G Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota "). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the • 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 L� City Council Agenda Item No. 7f I • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist / SUBJECT: Site Performance Guarantee Releases DATE: July 9, 2003 The following site performance guarantees being held by the City for completion of various site improvements should be recommended to the City Council for release: 1. Holiday Stationstore (420 66` Avenue North) Planning Commission Application No. 97011 Amount of Guarantee - $41,000 (Performance Bond) Obligor — Holiday Stationstores, Inc. • All site improvements for which a site performance guarantee was posted for this development have been completed for this project. An as built survey has been submitted to the Engineering Department and all landscaping has been installed and is viable. It is recommended that the City Council authorize release of the $41,000 performance bond posted based on the completion of this project. 2. Target Store (6100 Shingle Creek Parkway) Planning Commission Application No. 99004 Amount of Guarantee - $7,000 (Cash) Obligor — Dayton Hudson Corporation All of the site improvements and conditions for which a site performance guarantee was posted have been installed and completed for this 1999 project. The project involved a small building addition at the north end of the Target store and a reconfiguration of the interior to increase some retail space within the building necessitating the need to revise and file a restrictive covenant and a yard limit agreement. These matters have been addressed and the associated landscaping has proved to be viable. It is recommended that the City Council authorize release of the $7,000 cash guarantee posted by Target to assure completion of this project. • City Council Agenda Item No. 7g • MEMORANDUM DATE: July 9, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- PAVLO & TETYANA VAGNER 5942 ALDRICH AVE N 83 • FRANK & LINDA WHITMAN III 6000 CAMDEN AVE N 84 ABAYOMI OBILADE 6835 COLFAX AVE N 85 HELEN BENNETT 3613 VIOLET AVE N 86 NORTHPORT PROPERTIES 5401 BROOKLYN BLVD 87, 88, 89, 90, 91 & 92, 143, 144, 145 & 146 NATALIE & KEVIN MEYERS -MARK 5731 NORTHPORT DR 93 MARY LODAHL 5339 EMERSON AVE N 94 THOMAS & LYNN AMACHER -MALM 5420 FREMONT AVE N 95 GERALD & LINDA KAMROW 5447 EMERSON AVE N 96 CITY OF BROOKLYN CENTER 5847 SHINGLE CREEK PKWY 97 ELSIE HAWTHORNE 5706 LOGAN AVE N 98 DARIUSH & MAHVAS DANESH 5830 LOGAN AVE N 99 & 100 HERMAN & MARY ELLEN KARLSGODT 6001 FREMONT AVE N 101 LONG & SIA XIONG 6014 HUMBOLDT AVE N 102 JAMES & ETHEL DEMAREE 6114 GIRARD AVE N 103 MEDTRONIC INC. 6800 SHINGLE CREEK PKWY 104 BRETT & ZOE HILDRETH 6448 WILLOW LA N 105 BARBARA WADSWORTH & TRAVIS TU 7200 RIVERDALE RD 106A HAROLD GABRIEL 7118 RIVERDALE RD 106B CITY OF BROOKLYN CENTER 6645 HUMBOLDT AVE N 107, 138, 139, 140 DANNY & JULIE ZIEGLER 5701 EMERSON AVE N 108 & 175 JAMES BARRETT & PHYLLIS BOWERS 460766 TH AVE N 109 JUDY JORDAHL 6418 JUNE AVE N 110 & 181 TAN PHAN & TRACY VU 6437 JUNE AVE N 111 CHRYSLER REALTY CORP 6121 BROOKLYN BLVD 112 ESM LIMITED, LLC 5964 BROOKLYN BLVD 113 BEVERLY & THEODORE HORSCH, JR 3825 57 AVE N 114 THOMAS BODIN 5130 EWING AVE N 115 DAVID & VIRGINIA SHUNKWILER 6336 JUNE AVE N 116 CAROL WRIGHT 320549 AVE N 117 BRUCE & DONNA HOBBS 5501 LOGAN AVE N 118 RESOLUTION NO. TREE PROPERTY OWNER - - - -- ---------------- - - - - -- PROPERTY ADDRESS NUMBER -------------------------------------- MARYANN BARTLETT 3800 WOODBINE LA 119 ROBERT JOHNSON 5847 ALDRICH AVE N 120 JAMES & MARIA CARLSON 5927 ALDRICH AVE N 121 CAROL & GLEN DUPLESSIS 5836 JAMES AVE N 122 KRIS & SHREECE KNIGHT 5351 HUMBOLDT AVE N 123 ROBERT & BETTY MCNURLIN 5031 EWING AVE N 124 HARRY & BERNICE ROBERTS 5400 JAMES AVE N 125, 126, 127 & 128 LYNDON HOLTE 5406 JAMES AVE N 129 MELVIN ADAMS 6342 JUNE AVE N 130 CITY OF BROOKLYN CENTER WILLOW LANE PARK 131 BRIAN PRATT 6824 PERRY AVE N 132 SUNNY NYEMAH & KORPO NGAIMA 6830 PERRY AVE N 133 JOHN & LORRAINE HARLIS 2101 ERICON DR 134 & 135 JON & DONNA FAIRBANKS 5430 MORGAN AVE N 136 RAYMOND & JOYCE RIECK 3212 63 AVE N 137 DUANE ORN 5407 BROOKLYN BLVD 141 FRANCISCO BERNAL & JULIETA HERNANDEZ 4401 63' AVE N 142 JOHN & HEIDI WINTERS 2107 71' AVE N 147 JEROME & NANCY CARLSON 6024 ALDRICH AVE N 148 ISD #286 5900 HUMBOLDT AVE N 149 MICHAEL & CHARLENE RASMUSSEN 5400 PENN AVE N 150 MATTHEW & AMY HAWTON 2307 BROOKVIEW DR 151 PATRICIA HOTCHKISS 5506 JUDY LANE 152 CAROL IMHOLTE 5943 XERXES AVE N 153 KENNETH & LINDA DIETHERT 5949 VINCENT AVE N 154 MAURICE BEASLEY 6343 NOBLE AVE N 155 ROBERT & SUSAN RAMPI 501266 TH AVE N 156 JOHN & BEVERLY RIESCHL 6218 NOBLE AVE N 157 FRANCIS & DEBRA GLOTZ 6231 KYLE AVE N 158 NORTH MEMORIAL MEDICAL 420158 TH AVE N 159 ROSEMARY CROSBY WILEY 5621 INDIANA AVE N 160,161,162 & 163 ISD # 281 5421 BROOKLYN BLVD 164 DUANE & GENEV CHRISTIANSEN 5400 SAILOR LANE 165 DE JON HARRIS 5406 SAILOR LANE 166 DAVID THIESEN 5547 LYNDALE AVE N 167, 168, & 169 HUMBOLDT PROPERTIES 6743 HUMBOLDT AVE N 170,171 & 172 DONNA BIROSH 5331 CAMDEN AVE N 173 GORDON & EMILY PETERSON 1007 73 AVE N 174A STEPHEN DUBOIS 1013 73 AVE N 174B MICHAEL & REBECCA HALL 6133 LYNDALE AVE N 176 RIVERWOOD ESTATES LLC 6401 WILLOW LANE 177, 178 & 179 MN/DOT BEHIND 4300 65 AVE N 180 TRACY MARTIN 6207 CHOWEN AVE N 182 WILLIAM & MARY D'AMOUR 7118 WILLOW LANE 183 VICKY & ALLAN OLSON 7124 WILLOW LANE 184 & 185 STEVEN & DIANE SCHMIDT 5941 BRYANT AVE N 186 BRENT ECKLUND 3605 ADMIRAL LANE 187 PAUL & BRENDA OTTO 6201 BRYANT AVE N 188 TIMMY & ELIZABETH MUNDY 6207 BRYANT AVE N 189 CYRUS & MARGARET LIDEEN 6115 COLFAX AVE N 190 SEAN -PAUL & LENA KNOISHI - HUMPHREY 6006 CAMDEN AVE N 191 PAUL & JERALDINE LOBERG 5950 CAMDEN AVE N 192 CHUE PAO YANG & MAO VUE 5812 CAMDEN AVE N 193 MARK KAMMERER 5541 BRYANT AVE N 194 VICTORIA MADSEN 3616 ADMIRAL LANE 195 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. 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: July 8, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works ?AS SUBJECT: An Ordinance Vacating a Portion of Street Right of Way: Shingle Creek Parkway South of 69 Avenue North The City of Brooklyn Center has received a request from The Wirth Companies to vacate a portion of street right -of -way on the east side of Shingle Creek Parkway between Freeway Boulevard and 69 Avenue North. The subject area for vacation includes the easterly portion of street right -of -way that was formerly used for a section of roadway before Shingle Creek Parkway was relocated to the current alignment during reconstruction in 1994. The reason stated for this request is to provide for additional building area within the vacant lot along the northeast corner of the intersection of Shingle Creek Parkway and 69 Avenue North. A draft Preliminary Plat and Site Plan have been submitted for the vacant lot. The property owner will be required to dedicate a drainage and utility easement over the vacated portion of the right -of -way to maintain access to the existing utilities within the vacated area. Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider an ordinance vacating certain portions of street right of way is requested for August 11, 2003. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of August, 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 vacating certain public street right of way on Shingle Creek Parkway south of 69' Avenue North. 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 VACATING A PORTION OF STREET RIGHT OF WAY: SHINGLE CREEK PARKWAY SOUTH OF 69TH AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The northerly and easterly portions of Shingle Creek Parkway right -of- way extending 650 feet south of 69" Avenue North is hereby vacated as a public street; provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. • The area of street right -of -way to be vacated is further described as all those parts of the northeast quarter of the northeast quarter of Section 34, Township 199, Range 21, according to the government surveys thereof, and Shingle Creek Parkway as dedicated in the plats of Twin Cities Interchange Park and Earle Brown Farm Townhomes, Hennepin County, Minnesota, lying northeasterly of the northeasterly right of way line of Shingle Creek Parkway, as now layed out and traveled and northeasterly of Lot 29, Block 1, said Earle Brown Farm Townhomes and southeasterly of the southeasterly right of way line of 69" Avenue North (formerly HCSAH No. 130, Plat 27) as now layed out and traveled and southwesterly of Tract D and Tract K of Registered Land Survey No 1499, Hennepin County, Minnesota. Section 2. 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 (Strikeouts indicate matter to be deleted, underline indicates new matter.) ,4 Vacation Sk *h v o �I1 �- Y;', WIRTH COMPANIES A / J �i•$•1�0� ' ~`�;```�� '�,� �' �i _! /� f / 615 2nd Avenue South n Minneapolis, MN 55402 Drawing Flle: 2002 - 525- 721.DWG / 6 \` -r r � 1 A /� - I Project No. 2002 -525 -L _-, 1 _ I '�` I n / n 1 50 / . L ��� ti 4 � �€ 0 PROPOSED VACATION DESCRIPTION MUMM d o " v � /� / /'. b Jr L) I ` n I ^ /'I ` All those parts of the Northeast Quarter of the Northeast � / 1 ;� C I \ . L _ . I V \ / . I v a Quarter of Section 34, Township 119, Range 21, and ,r° Government Lot 1 of Section 35, Township 119, Range 21, a 4 ccording to the government surveys thereof, and Shingle \ \ c Creek Parkway as dedicated in the plats of TWIN CITIES 2 \\ / /"1 / r_ L,) n I A A r n I T /1 T /I 'i INTERCHANGE PARK and EARLE BROWN FARM TOWNHOMES, V L -1 \1 V 1 V I L -1 V 1 L- \.J 1 I Hennepin County, Minnesota, lying northeasterly of the northeasterly right of way line of Shingle Credo Parkway, as 3 � \ C• now layed out and traveled and northeasterly of Lot 29, / N" / Block i, sold EARLE BROWN FARM TOWNHOMES and �{� /j I � djb P_ , Avenue North (former HCSAH No. 130, Plat 27 as n southeasterly of the southeasterly right of way a of 89th now / � `Ii b � 3 toyed out and traveled and southwesterly of Tract D and I / / ° b'a + / Tract K of REGISTERED LAND SURVEY NO 1499, Henne ` s i7,f}jr� County, Minnesota. `` 4 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 4? 1 am a duly Licensed Land Surveyor under the laws of // 0 the State of Mi - ' AZ✓ Y/ I NI T -> A / 11 Kurt M. K1sch. MN License No. 23968 l et July 16, 2003 Date Duluth 31N Ham Lake: MN MN 0 BO l < L) 4 T ;" /� / \ \ / Minnetonka. MN SCALE IN FEET I 7 (��7 �� X \ �� p y� 1 Phone: 962 989 -0972 I L� /)/ � ` !� \ 1 Far 982; 993 -1153 I � � � i \ , www.rlk- knualato.00m /Y �� 8110 H1ue Circle Dr.- Suite /100• Minnetonka, MN 88949 • C1 Council City Agenda Item Na. 71 . MEMORANDUM DATE: July 8, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: An Ordinance Vacating a Portion of Utility Easement Along Garden City Elementary School, Osseo School District No. 279 The City of Brooklyn Center has received a request from Osseo School District No. 279 to vacate a portion of easement along the west side of the Garden City Elementary School building. The existing easement was recorded in 1958 for the purposes of constructing a storm sewer pipe within the property. A 42 -inch diameter trunk storm sewer line exists within the subject easement. The reason stated for this request is to provide for the expansion of the existing school building. The site plan, which included the proposed encroachment into the easement, was reviewed by the City Council on May 12, 2003. The portion of the easement to be vacated consists of • approximately 50 square feet of area along the eastern side of the easement as shown on the attached figure. Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider an ordinance vacating certain portions of street right of way is requested for August 11, 2003. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1 lth day of August, 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 vacating certain public street right of way on Shingle Creek Parkway at 69' Avenue North. 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 VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. A portion of utility easement Document No. 573712 within RLS No. 803, Tract A is hereby vacated as an easement. The area of utility easement to be vacated is further described as: That part of storm sewer easement recorded as Document No. 573712 which lies northerly and easterly of the following described line: Commencing at the southeast corner of Tract A, Registered Land Survey No. 803, Files of Registrar of Titles, Hennepin County, Minnesota; thence South 89 degrees 57 . minutes 54 seconds West, along the south line of said Tract A, a distance of 270.22 feet; thence North 0 degrees 03 minutes 14 seconds West a distance of 63.17 feet to the point of beginning of line to be described; thence South 89 degrees 56 minutes 46 seconds West a distance of 50.00 feet; thence North 0 degrees 03 minutes 14 seconds West to the easterly line of said storm sewer easement and there said line terminates. Section 2. 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 (Strikeouts indicate matter to be deleted, underline indicates new matter.) Easement Release Sketch For: ARMSTRONG, TORSETH, SKOLD & RYDEEN a EASEMENT RELEASE o , That part of storm sewer easement recorded as Document No. 573712 which lies northerly and W ( I ' easterly of the following described line: 3 2 I Commencing at the southeast corner of Tract A, REGISTERED LAND SURVEY NO. 803, riles of to + { I Registrar of Titles, Hennepin County. Minnesota; thence South 89 degrees 57 minutes 54 seconds E ' West, along the south line of said Tract A, a distance of 270.22 feet; thence North 0 degrees 03 o minutes 14 seconds West a distance of 63.17 feet to the point of beginning of line to be N o I described; thence South 89. degrees 56 minutes 46 seconds West a distance of 50.00 feet; thence North 0 degrees 03 minutes 14 seconds West to the easterly line of said storm sewer easement { and there said line terminates. .. .... I .....� to ......••... Easterly line of storm sewer easement 4 { r' o No. ........... N portion of easement 80 3 _c I .••- " `: �' to be released S89 "W 50.00 ••'. ` o U { ' ^ I hereby certify that this sketch was prepared by me ' I or under my direction and that I am a duty icensed 15 15 I Ni Land Surveyor under the laws of the gtAW Tlw i oto. 3 Dated this 26th day of June, 2003`�.`��P��� ...�••R9 ���� { I RENDER do ASSOCIATES, INC. LICENSED I = LAND SURVEYOR ; Z Yl`r`►.' � N�:�• 42616 { David C. Croigie, Land Surveyor i�2• 0� I Minnesota License No. 42618 ��iOF;M;NN I .• { � - - "•.•..•••••• p S89 0 57'54 "W 270.22 � ....... Rehder and Associates, Inc. . ....... South line of Tract A, Southeast corner of ••••' CIVIL ENGINEERS AND LAND SURVEYORS RLS No. 803 Tract A, RLS No. 803 3440 Federal Drive • Stlte 240 Eagan. Mlnneeoto Phone (651) 452 -5051 • City Council Agenda Item No. 7j �I MEMORANDUM DATE: July 8, 2003 TO: Michael McCauley, Manager Y� Y g FROM: Todd Blomstrom, Director of Public Works 1 SUBJECT: Resolution Authorizing a Professional Service Agreement with In- Control Inc. for the Supervisory Control and Data Acquisition System The City received proposals from three qualified firms to provide system integration for lift station controls, system upgrades, and long -term service assistance for the City's Supervisory Control and Data Acquisition ( SCADA) system. The existing SCADA system provides electronic communication and control for ten sanitary sewer lift stations, nine water supply wells and three elevated storage tanks. A summary of the scope of services for the proposed contract is provided below. • 1. System Integration for New Control Cabinets The City will be replacing the control cabinets for two sanitary sewer lift stations as part of a three -year program. The selected firm will contract directly with the City to provide system integration services for the new control cabinets and will assist in protecting the interests of the City during completion of the cabinet installation. 2. SCADA System Update The City's SCADA system is scheduled for upgrades in 2003. This work will include replacement of the main server computer, replacement of one terminal computer and installation of current versions of control system software. The selected firm will assist in the system evaluation, installation, and software programming. 3. Long -term Service Agreement The City is seeking a firm that can provide assistance with technical repairs to the SCADA in the event of damage or malfunction. The selected firm will play a critical role in the City's ability to respond to system failures or emergency situations by having personnel on -call to respond as the need may arise. Proposals were evaluated on the basis of technical qualifications of the firm and employees that would be specifically assigned to the project, experience in working with municipal water supply and wastewater collection systems, and the estimated fee for the scope of services. In- Control Inc. provided a comprehensive description of the method and time required to complete items 1 through 3 above. The proposal provided details as to the specific employees who would complete the work and their experience with municipal water and wastewater systems. In- Control included bench testing of all hardware and software items prior to installation to avoid system failures at the time of installation. The proposal included hourly billing rates of $85/hr for Items 1 and 2 above and $95/hr for Item 3. Instrument Control Systems, Inc. provided a summary of company experience, which appeared to focus on water and wastewater treatment facilities. The proposal did not expand on a proposed scope of services for the project. The proposal included hourly billing rates of $85 to $95/hr for Items 1 through 3. Total Control Systems provided an overview of the company's experience with similar equipment used in the City's SCADA system. The background and experience of specific employees who would work on the project was not included in the submittal. The proposal did not expand on a proposed scope of services for the project. The proposal included an hourly billing rate of $95 per hour. Based on our analysis of the proposals, we estimate that approximately 480 hours will be required to complete the system integration work necessary for the City's SCADA system in 2003. In- Control was identified as having the highest understanding of the tasks to be completed for the project and the most capable to respond to long -term service needs for the SCADA system. It is recommended that the City Council approve the attached resolution accepting the proposal and awarding the Professional Services for SCADA System contract to In- Control, Inc. of Blaine, Minnesota in the amount of $40,800.00. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH IN- CONTROL, INC. FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM WHEREAS, services are needed from a qualified firm to provide system integration for new lift station controls, system upgrades, and long -term service assistance for the City's Supervisory Control and Data Acquisition ( SCADA) system; and WHEREAS, pursuant to a Request for Proposal to system integration companies, proposals were received for completing technical work on the City's SCADA system; and WHEREAS, the proposals were evaluated on the basis of technical qualifications, experience in working with municipal water supply and wastewater collection systems, and the estimated fee for the scope of services; and WHEREAS, In- Control Inc. of Blaine, Minnesota was identified as the firm that best meets the above evaluation items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $40,800.00 with In- Control, Inc. of Blaine, Minnesota in the name of the City of Brooklyn Center for Professional Services for SCADA System Improvements as outlined in the scope of services prepared by the City Engineer and said scope of services to be .incorporated into the contract. 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. 7k Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING AGREEMENT ON EMPLOYMENT MATTER WHEREAS, the City and William Ross wish to enter into a written agreement outlining the terms and conditions for Mr. Ross' separation from the City's employ; and WHEREAS, attached hereto and incorporated here and by reference is Exhibit A as a proposed agreement between the City and Mr. Ross setting forth the terms and conditions for the termination of the employment relationship between the City and Mr. Ross; and WHEREAS, those terms and conditions are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be and hereby is authorized to execute the agreement as set forth in Exhibit A and to implement the employee resignation release 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. • Exhibit A SEPARATION AGREEMENT • BETWEEN CITY OF BROOKLYN CENTER, MINNESOTA AND THIS AGREEMENT, made and entered into this day of , 2003, by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation (hereinafter the "City "), and William Ross, an individual (hereinafter "Employee "). WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth herein the sufficiency of which is hereby acknowledged by both parties, the City and the Employee agree as follows: 1. RESIGNATION. The Employee hereby resigns from his employment with the City of Brooklyn Center effective June 19, 2003. 2. RELEASE. In consideration of the Employee giving the City the attached Release, Employee shall be paid an amount equal to 162 calendar days which equals 115 working days of pay which starts June 6 through November 15, 2003, less customary payroll deductions. Payment shall be • made after the rights of rescission have expired. 3. INSURANCE. The City shall continue in full force and effect and pay June through November 2003, all employer benefit contributions on behalf of Employee. 4. RESTRAINT. The termination of an employment relationship can be difficult for both parties. Both parties agree to end this relationship in a mutually respectful manner. 5. RESCISSION. This Agreement shall be void if Employee rescinds the Release within the time limit set forth in the Release. IN WITNESS WHEREOF, the City and the Employee have approved and executed this Agreement on the day and year first above written. CITY OF BROOKLYN CENTER, MN EMPLOYEE: BY: City Manager Employee • Exhibit A • EMPLOYEE RESIGNATION RELEASE AGREEMENT Resienation. I, William Ross (hereinafter "Employee ") hereby acknowledges and confirms his resignation as an employee of City of Brooklyn Center effective June J ` , 2003. Employee will provide the City with a letter of resignation on the date he signs this Release Agreement. Release of Claims,. I, William Ross agree to accept 1&( days of leave with pay, offered by the City of Brooklyn Center as extraordinary compensation to be paid upon the final execution of this Release Agreement. In return for this valuable consideration given by the City, the receipt and sufficiency of which is expressly acknowledged, Employee hereby releases the City and all of its officers, directors, agents, employees, elected officials, appointed officials, • successors and assigns from any and all liabilities, claims causes of action, damages or obligations that Employee, or his heirs and assigns, have or may have in the future which arise from Employee's employment with the City, including, but not limited to, claims arising under the Minnesota Veterans Preference Act, claims under federal, state and local laws prohibiting employment discrimination such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Minnesota Human Rights Act. Acknowledement of Reading and Understanding. Employee acknowledges that he has read this Release Agreement carefully and fully understands all its provisions; that he has voluntarily entered into this Release Agreement; and that he intends to abide by all its terms. Employee acknowledges having been advised to consult with an attorney prior to entering into this Release Agreement. Employee further acknowledges that no other promises or agreements of any kind have been made to or with Employee to cause him to sign this Release Agreement, and that he is competent to execute this Release Agreement. • 1 i / Exhibit A J • Notice of Rights of Rescission. Employee acknowledges having been advised that he may have twent 21 calendar h' ( ) days from the date he. receives this Release Agreement to consider it. Employee understands that he may rescind this Release Agreement within seven (7) calendar days of the date of execution of the Release Agreement to reinstate claims under the Age Discrimination in Employment Act and within fifteen (15) calendar days of the date of execution of this Release Agreement to reinstate claims under the Minnesota Human Rights Act. Employee understands that if he rescinds that he shall forfeit the compensation outlined above. If Employee chooses to rescind, he agrees to do so according to the following procedures: 1. Employee will notify the City in writing and deliver or mail the Notice of Rescission to the Michael J. McCauley, City Manager for the City of Brooklyn Center; 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; 2. If Employee sends the notice by mail, he understands that it must be: a. Postmarked within the 15 -day period; b. Properly addressed to the Michael J. McCauley, City Manager for the City of Brooklyn Center; 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; c. Sent by certified mail /return receipt requested. Dated: l , 2003 William Ross STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) On this day of 7 2003, before me personally appeared to me personally known, and known to be the person individually who executed the above instrument and who acknowledged to me that act of signing and sealing thereof. Notary Public L. ROSENBAUM , MARIA 7AAY PUBUC ►�INNEsOTA Commission Expires Jan, 31, 2005 RAI • Ufa DJ's, Exhibit A • el f, .=rte - City Council Agenda Item No. 8a O MT City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co lmembers C�Lasman en, and Peppe FROM: Michael J. McCauley DATE: June S, 2003 SUBJECT: CenterPoint Energy Minnegasco Franchise The franchise with CenterPoint Energy Minnegasco expires in June. (We will continue to operate under old franchise until a new franchise is adopted.) The proposed ordinance has been drafted by the City Attorney and reflects the basic franchise ordinance model developed by the League of Minnesota Cities. The ordinance provides that the City may impose a franchise fee pursuant to State Law. The ordinance itself does not result in a franchise fee, but rather creates the ability to adopt a franchise fee ordinance, if the Council would determine at some other date to impose a franchise fee. • 8'301 Shingle Creek Parkway Recreation Community on and 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 14 day of July at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider a natural gas franchise ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements. ORDINANCE NO. AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION,' MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF • THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Brooklyn Center, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or an agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, that preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corporation, a Delaware corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. • ORDINANCE NO. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all • necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. Gas.' Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. Non- Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. Notice. A writing served by any party or parties on any other parry or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402 -2006. Notice to the City hall be mail ed to the Ci p � ty tY Manager, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2113. Either party may change its address for the purpose of this Ordinance by written notice to the other party. Public Way. Public right -of -way within the City as defined in Minn. Stat. § 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. • SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 10 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured b the Company or its affiliates and delivered Y P Y by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the rovisions of this lus Ordinance. Company may do all reasonable thi necessary p y y g s ary or customary to accomplish these oses subject how p pure J ever, to such lawful regulations as may be adopted b � Y p Y separate ordinance and as currently exist under City Code, Sections 25 -1000 through 25 -1032 (the "Right -of -Way Ordinance "). The Company shall be notified 60 days in advance of proposed changes to the Right -of -Way Ordinance. The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terms of Section 2.5 of this Ordinance. If a provision of the Right -of -Way Ordinance conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. • ORDINANCE NO. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect • from and after adoption and upon thirty (30) days following publication of this Ordinance as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any earlier time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to • interpret and enforce this franchise or for any other relief permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other parry of its intention to allow the franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Subject to regulation under the Right -of -Way Ordinance, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to the Right -of -Way Ordinance. After completing work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the right to make the • restoration of the Public Ground at the expense of Company. Company shall pay to the City the 'I ORDINANCE NO. cost of such work done for or performed by the City. This remedy shall be in addition to any other • remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance Securitv. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under the Right -of -Way Ordinance currently or in the future. The City reserves all other rights under the Right -of -Way Ordinance to enforce Company performance requirements for work in the Public Way or Public Ground. 3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to the Right -of -Way Ordinance. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. • 4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City, and Company does not waive its rights under an easement or prescriptive right or State or County permit. SECTION 5. CHANGE IN FORM OF GOVERNMENT. An change in the form of v Any government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. g g tY p SECTION 6. FRANCHISE FEE. 6.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy • delivered to any class of retail customers within the corporate limits of the City. The method of ORDINANCE NO. • imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) — (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company- proposed franchise fee formula and each review will not delay the implementation of the City- imposed fee. 6.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 6.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise. • 6.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 6.5. Continuation of Franchise Fee._ If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. ORDINANCE NO. • SECTION 7. LIMITATION ON APPLICABILITY, NO WAIVER. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 8. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Manager within 60 days after the effective date of the amendatory ordinance. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous • franchise shall terminate. Adopted this day of , 2003 Mayor ATTEST: Clerk Date of Publication Effective Date • i City Council Agenda Item No. 9a • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATIONS AND VOLUNTEERS FOR THE BEAUTIFICATION OF CENTRAL PARK WHEREAS, the Employee Action Committee (EAC) of the City of Brooklyn Center in a time of budget issues solicited donations and volunteers to help with the beautification of Central Park; and WHEREAS, the following have generously donated or volunteered their time and energy; and WHEREAS, it is appropriate that the donations and volunteers be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following donors and volunteers be and hereby are recognized and the appreciation of the City Council is hereby extended to them for their donations and volunteerism: • EAC Members Donations Employee Volunteers Community Volunteers Jeannine Pfann Kathleen Carmody Sharon Kutzke Scott Hanson Kristi Commers Barbara Kane Danna Mickelson Tony Kueffler George Jennrich Patricia Ann Johnson Joyce Gulseth Sabina Sumec Robin Hartfiel Beverly Green Sue Rice Dudley Larson Gary Gilpin Mary Ann Campbell Judith Bergeland Eric Goldstone Patti Page Marianne Murphy Jim Glasoe Sabriya Goldstone Ed Atanasoff Fire Relief Fund Shelley Schwaninger Kari Lund Denise Hanson Cub Foods - Ron Karen Johnson Greg Jude Mike Schlosser Malmborg's - Van Sue Jude Becky Boie MN Green (MN State Betty Muellner Horticultural Society) Barbara Mielke R Marlene Holmes Ruth Simons Earl Simons Margaret Sandberg Kay Lasman Jane Harder Robby Harder Aj a Harder Anthony Nevils • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 9b • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE WHEREAS, the main goal of the Earle Brown Days Committee is to organize, coordinate, and plan the activities of the Earle Brown Days Festival; and WHEREAS, the Earle Brown Days Committee has been vital in the continuation and success of the Earle Brown Days Festival; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that their service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the dedicated public service of the Earle Brown Days Committee is hereby recognized and appreciated by the City of Brooklyn Center. 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. 9c Memorandum Date: July 3, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Bond Issues: 2003B and 2003C Refinance of 1997B Police and Fire Building Bonds Refinance of I I 95 General obligation TIF Bonds Included with this memorandum are copies of proposed resolutions authorizing the sale, setting the sale date and amending the agreement for continuing disclosure and arbitrage calculations for the refinance of the 1997B and 1995A bond issues through the issuance of two new bonds, 2003 Series B and 2003 Series C. 2003 Series B This new issue will refund the 1997B General Obligation Police and Fire Building Bonds • that were originally issued to finance the construction and rehabilitation of several public safety facilities. The original issue was $7.9 million. This amount has been reduced with principal payments beginning in 1998. The new issue will be $5.12 million in principal and will lower the actual interest cost by $34,350 annually beginning in 2005. The net interest rate is estimated to be 2.73% as compared to the original rate of 4.73 %. The actual cash value of the interest savings over the remaining life of the old issue is $275,600 with a present value of $240,100. This savings will be reflected as a direct reduction of the property tax levy necessary to support principal and interest payments beginning in 2005. 2003 Series C This new issue will refund the 1995A General Obligation TIF Bonds that were issued to facilitate acquisition of property and construction of infrastructure in TIF District #3. The original issue was $4.56 million. This amount has been reduced with principal payments beginning in 1999. (Prior to 1999, interest only payments were made.) The new issue will be $2.505 million in principal and will lower the actual cost interest cost by $24,700 annually beginning in 2005. The net interest rate is estimated to be 3.39% as compared to the original rate of 6.79 %. The actual cash value of the savings over the remaining life of the old issue is $148,500 with a present value of $128,850. Resolutions • There are two resolutions. The first provides for the setting the sale of the 2003 Series B bonds including authorization for Springsted, Inc to perform the required arbitrage calculations and continuing disclosure on these bonds. This is an amendment to an • existing agreement. The sale date is set for August 11, 2003. The resolution authorizes the City Manager to execute the continuing disclosure and arbitrage calculation agreement amendments with Springsted, Inc. The second resolution provides for the same actions for the second issue, 2003 Series C. We are recommending that the resolution be considered at the July 14, 2003 City Council meeting. Should you have any questions, please advise. • • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,120,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2003B WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $5,120,000 General Obligation Police and Fire Building Refunding Bonds, Series 2003B (the "Bonds ") to refund in advance of maturity the February 1, 2006 through February 1, 2013 maturities of the City's General Obligation Police and Fire Building Bonds, Series 1997B, dated December 1, 1997; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and WHEREAS, pursuant to Amendment to Addendum A of Agreement for Continuing Disclosure Services and Amendment to Addendum B of Agreement for Arbitrage and Rebate • Monitoring copies of which are on file with the City Manager, the City will retain Springsted to provide continuing disclosure and arbitrage and rebate monitoring; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. Authorization; Findines. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting; Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Manager, or his designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. RESOLUTION NO. • 5. Continum2 Disclosure and Rebate and Monitoring Services,. The Manager of the City is hereby authorized to execute the Amendment to Addendum A of Agreement for Continuing Disclosure Services and Amendment to Addendum B of Agreement for Arbitrage and Rebate Monitoring, and the City hereby authorizes Springsted to provide continuing disclosure and rebate and monitoring services. 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. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $5,120,000 General Obligation Police and Fire Building Refunding Bonds, Series 2003B. WITNESS my hand this 15` day of July, 2003. • City Clerk • • RESOLUTION NO. EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,120,000* City of Brooklyn Center, Minnesota General Obligation Police and fire Building Refunding Bonds, Series 2003B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, August 11, 2003, until 12:00 Noon, Central • Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR • • RESOLUTION NO. (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY& For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY& Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY& The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 40 West 23rd Street, 5th Floor, New York City, New York 10010, Customer • Support, (212) 404 -8102. DETAILS OF THE BONDS The Bonds will be dated September 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $590,000 2008 $610,000 2010 $645,000 2012 $685,000 2007 $600,000 2009 $625,000 2011 $660,000 2013 $705,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $S, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. • • RESOLUTION NO. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees • of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to refund in advance of maturity the February 1, 2006 through February 1, 2013 maturities of the City's General Obligation Police and Fire Building Bonds, Series 1997B, dated December 1, 1997. I RESOLUTION NO. • TYPE OF PROPOSALS Proposals shall be for not less than $5,079,040 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $51,200, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to • another date without award of the Bonds having been made. Rates shall be in integral multiples of 5 1100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal that the City determines to have failed to comply with terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. • • RESOLUTION NO. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT • Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds , City the Ci will execute and deliver a Continuing Disclosure Undertaking (the Undertaking" ) whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). • • RESOLUTION NO. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 150 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official • Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 14, 2003 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk • I • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,505,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003C WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue its $2,505,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C (the "Bonds ") to refund in advance of maturity the February 1, 2006 through February 1, 2011 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 1995A, dated November 1, 1995; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and WHEREAS, pursuant to Amendment to Addendum A of Agreement for Continuing Disclosure Services a copy of which is on file with the City Manager, the City will retain Springsted • to provide continuing disclosure services for the Bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. Authorization: Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meetiniz: Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Manager, or his designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. • RESOLUTION NO. • 5. Continuing Disclosure and Rebate and Monitoring Services The Manager of the City is hereby authorized to execute the Amendment to Addendum A of Agreement for Continuing Disclosure Services and the City hereby authorizes Springsted to provide continuing disclosure for the Bonds. 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. • • RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $2,505,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C. WITNESS my hand this 15 day of July, 2003. • City Clerk • RESOLUTION NO. • EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,505,000* City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, August 11, 2003, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS • Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR • RESOLUTION NO. • (b) Electronic BiddiniZ. Notice is hereby given that electronic ro osals will be received vi p p a PARITY& For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY& Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal.Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 40 West 23rd Street, 5th Floor, New York City, New York 10010, Customer Support, (212) 404 -8102. • DETAILS OF THE BONDS The Bonds will be dated September 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $420,000 2008 $415,000 2010 $415,000 2007 $430,000 2009 $415,000 2011 $410,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" • in the spaces provided on the Proposal Form. RESOLUTION NO. • BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION • The Bonds will not be subject to ayment in advance of their respective stated maturity dates. p p Y SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment revenues from Tax Increment District Number 3. The proceeds will be used to refund in advance of maturity the February 1, 2006 through February 1, 2011 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 1995A, dated November 1, 1995. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. • I RESOLUTION NO. • TYPE OF PROPOSALS Proposals shall be for not less than $2,484,960 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $25,050, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall • bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal that the City determines to have failed to comply with the terms herein. • RESOLUTION NO. • BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. • SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). • RESOLUTION NO. • OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 80 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of • the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 14, 2003 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk • • Recommendations For City of Brooklyn Center, Minnesota $5,120,000 General Obligation Police and Fire Building Refunding Bonds, Series 2003B $2,505,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C Presented to: Mayor Myrna Kragness Members, City Council Mr. Michael J. McCauley, City Manager Mr. Doug Sell, Director of Fiscal and Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SPRINGSTED Advisors to the Public Sector Study No.: B0201 B3C3 , SPRINGSTED Incorporated J u ly 2, 2003 RECOMMENDATIONS • Re: Recommendations for the Issuance of: $5,120,000 General Obligation Police and Fire Building Refunding Bonds, Series 2003B (the "Series 2003B Bonds "); and $2,505,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C (the "Series 2003C Bonds ") Together the "Bonds" or the "Issues" On behalf of the City, Springsted identified two general obligation issues that can be refunded for interest cost savings. • The proceeds of the Series 2003B Bonds will refund the February 1, 2006 through 2013 maturities of the City's General Obligation Police and Fire Building Bonds, Series 1997B, dated December 1, 1997. • The proceeds of the Series 2003C Bonds will refund the February 1, 2006 through 2011 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 1995A, dated November 1, 1995. We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offerings. 2. Sale Date and Time Monday, August 11, 2003, at 12:00 Noon, with award by the City Council at 7:00 P.M. • that same evening. 3. Method of Sale The Bonds will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposals for underwriters to submit their bid electronically through the electronic bidding platform of PARITY®. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. 4. Authority for the Bond Issues The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. In addition, the Series 2003C Bonds are being issued pursuant to Minnesota Statutes, Chapter 469. 5. Principal Amount The Series 2003B Bonds - $5,120,000 The Series 2003C Bonds — $2,505,000 Included in the attached Terms of Proposal is a provision that permits the City to increase or reduce the principal amount of the Series 2003B Bonds and the Series 2003C Bonds in any amount and in any of • the maturities. This will allow for necessary adjustments required based on final interest rates and issuance costs and also the final investment rate for the escrow accounts. I City of Brooklyn Center, Minnesota July 2, 2003 • 6. Repayment Term The first interest payment on both series of Bonds is due August 1, 2004. Principal on the Series 2003B Bonds will be due annually February 1, 2006 through 2013. Principal on the Series 2003C Bonds will be due annually February 1, 2006 through 2011. 7. Security and Payment Cycle (a) Security The Bonds will be general obligations of the City. (b) Source of Payment The Series 2003B Bonds — The Series 2003B Bonds will be paid from general ad valorem property tax levies. The Series 2003C Bonds — The Series 2003C Bonds will be repaid from tax increment revenues derived from the City's Tax Increment District Number 3, that are currently pledged to the Series 1995A Bonds. (c) First Payment Cycle The escrow accounts established with the proceeds of the Bonds will be used to pay interest on the Series 2003B Bonds and the Series 2003C Bonds commencing August 1, 2004 and continuing through February 1, 2005. The existing levy for the Series 2003B Bonds will remain in place for collection in 2004. 8. Prepayment Provisions Due to their short duration, the Bonds will not be subject to payment in advance of their stated maturity dates. 9. Credit Rating Comments An application will be made to Moody's Investors Service for ratings on the Bonds. The City's general obligation debt is currently rated "A1" by Moody's. 10. Federal Treasury Regulations Concerning Tax - Exempt Obligations — the Series 2003B Bonds (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue • more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower Page 2 City Y of Brooklyn Center Minnesota July 2, 2003 • interest rates than issues that are not bank qualified. The Series 2003B Bonds are designated as bank qualified. (b) Rebate Requirements All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. The net proceeds of both series of Bonds will be invested in escrow accounts at yields no greater than the respective yields on the Bonds. Therefore, proceeds of the Bonds will not be subject to rebate. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for each tax - exempt issue or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry over permitted equal to the greater of the investment earnings in the fund for the immediately preceding bond year or 1/12 of the debt service for the immediately preceding bond year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. Because the average life of the new issues are less than the remaining average life of each of the refunded bonds, the Bonds are within the economic life requirements 11. Continuing Disclosure The Bonds are subject to the SEC continuing disclosure requirements. We recommend the City undertake an annual update of its Official Statement information and report any material events to the national repositories pursuant to the SEC regulations. Springsted currently provides continuing disclosure services to the City. We have provided City staff with a contract amendment to include these Issues. • 12. Attachments . Series 2003B Bonds — Refunding Analysis • Series 2003C Bonds — Refunding Analysis • Terms of Proposal Page 3 City of Brooklyn Center, Minnesota July 2, 2003 • DISCUSSION Method of Refunding The Series 2003B Bonds and the Series 2003C Bonds are refunding the 1997B Bonds and the Series 1995A Bonds, respectively. The Series 1997B Bonds and the Series 1995A Bonds are not callable until February 1, 2005 and as such will be advance refunded by a "crossover" refunding method. In a crossover refunding, the proceeds from each of the two new bond issues which are advance refunding prior issues will be placed in an escrow account with a major bank and invested in U.S. government securities. These securities and their earnings are structured to pay interest on the new Bonds until the optional prepayment date (February 1, 2005) of the old issues, at which time the escrow account will crossover and prepay all the remaining principal of the old issues. The City will continue to pay the originally scheduled debt service on the two old issues until their call date of February 1, 2005. After the call date, the City will cross over and begin making debt service payments on the new Bonds, taking advantage of the lower interest rates starting with the August 1, 2005 payments. Interest Cost Savings The purpose of the refundings is to achieve interest cost savings. Both the Series 2003B Bonds and the Series 2003C Bonds have been structured around even annual savings. The success of any advance refunding transaction is in a large part dependent upon market conditions at the time the refunding bonds are sold. Federal tax law limits all projects to one • single advance refunding transaction. Minnesota statutes limit advance refunding transactions to those that achieve no less than 3% present value debt service savings. Our current estimates show these transactions will generate more than 3.0% present value savings. We will continue to monitor the market prior to the sale date and will keep the City apprised of any change in conditions which might impact the success of these refundings. The table below outlines the projected savings for each Issue. Savings as a % Annual Cash Future Value Present Value of Refunded Issue Flow Savinas Savinas Benefit Debt Service Series 2003B $34,350 $275,600 $240,100 4.6% Series 2003C $24,700 $148,500 $128,850 5.1% The Series 2003B Bonds The Series 2003B Bonds are refunding the City's General Obligation Police and Fire Building Bonds, Series 1997B that originally financed the construction and remodeling of the City's police and fire facilities. We have attached a set of schedules that summarize the refunding statistics and the projected savings resulting from the sale of the Series 2003B Bonds. These schedules include the following information about the Series 2003B Bonds: • Refunding Summary: indicates the sizing of the refunding issue, savings data and bond . data — page 6. • Prior Original Debt Service: shows the existing debt service requirements on the Series 1997B Bonds without a refunding — page 7. Page 4 City of Brooklyn Center, Minnesota July 2, 2003 • • Debt Service to Maturity and to Call: shows the Series 1997B Bonds' remaining debt service to maturity and to the call date, indicating the escrow requirements — page 8. • Debt Service Schedule: shows the new projected debt service on the Series 20036 Bonds, based on current estimated interest rates — page 9. • Debt Service Comparison: shows the debt service comparison and the projected annual cash flow savings of the Series 20036 Bonds to the Series 19976 Bonds — page 10. The Series 2003C Bonds The Series 2003C Bonds are refunding the City's Taxable General Obligation Tax Increment Bonds, Series 1995A that originally financed various redevelopment projects within the City. The Series 2003C Bonds are expected to be paid entirely from tax increment revenues from the City Tax Increment District Number 3. Springsted prepares the cash flow projections for the City's tax increment districts. Attached on page 11 is a current cash flow summary for the City's Tax Increment District Number 3 demonstrating tax increment revenues are anticipated to be sufficient to make the debt service payments on the Series 2003C Bonds. The beginning cash balance in the City's Tax Increment District Number 3 is anticipated to be used to finance other eligible projects within the City, and will not be contributed as cash for the refunding of the Series 2003C Bonds. We have attached a set of schedules that summarize the refunding statistics and the projected savings resulting from the sale of the Series 2003C Bonds. These schedules include the following information about the Series 2003C Bonds: • • Refunding Summary: indicates the sizing of the refunding issue, savings data and bond data — page 12. • Prior Original Debt Service: shows the existing debt service requirements on the Series 1995A Bonds without a refunding — page 13. • Debt Service to Maturity and to Call: shows the Series 1995A Bonds' remaining debt service to maturity and to the call date, indicating the escrow requirements — page 14. • Debt Service Schedule: shows the new projected debt service on the Series 2003C Bonds, based on current estimated interest rates — page 15. • Debt Service Comparison: shows the debt service comparison and the projected annual cash flow savings of the Series 2003C Bonds to the Series 1995A Bonds — page 16. We appreciate the opportunity to again be of service to the City of Brooklyn Center. Respectfully submitted, r°° f �SPRINGSTED Incorporated kern Provided to Staff: a) Continuing Disclosure Contract Amendments b) Arbitrage Rebate Contract Amendments Page 5 $5,120,000 City of Brooklyn Center, Minnesota G. 0. Police & Fire Building Refunding Bonds, Series 2003B Crossover Refunding of Series 1997B REFUNDING SUMMARY Dated 09/01/2003 Delivered 09/01/2003 SOURCES OF FUNDS Par Amount of Bonds ................................................... ............................... $5,120,000.00 TOTAL SOURCES ....................................................... ............................... $5,120,000.00 USES OF FUNDS Deposit to Crossover Escrow Fund .............................. ............................... 5,021,229.59 Costsof Issuance ......................................................... ............................... 57,000.00 Total Underwriter's Discount (0. 800%) ........................ ............................... 40,960.00 RoundingAmount ......................................................... ............................... 810.41 TOTALUSES ............................................................... ............................... $5,120,000.00 FLOW OF FUNDS DETAIL State and Local Government Series (SLGS) rates for .. ............................... 6/20/2003 Date of OMP Candidates .............................................. ............................... CROSSOVER ESCROW FUND SOLUTION METHOD .............................. Net Funded • Total Cost of Investments ............................................. ............................... $5,021,229.59 Interest Earnings @ 0. 888% ......................................... ............................... 62,896.45 TOTALDRAWS ........................................................... ............................... $5,084,126.04 ISSUES REFUNDED AND CALL DATES Series1997B .......................................... ............................... ...................... 2 /01/2005 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net PV Cashflow Savings @ 2.592 %(Bond Yield) ....... ............................... 239,304.12 Contingency or Rounding Amount ................................ ............................... 810.41 NET PRESENT VALUE BENEFIT ............................... ............................... $240,114.53 NET PV BENEFIT/ $4,910,000 REFUNDED PRINCIPAL ......................... 4.890% NET PV BENEFIT / $5,120,000 REFUNDING PRINCIPAL ........................ 4.690% BOND STATISTICS AverageLife ................................................................. ............................... 6.053 Years AverageCoupon .......................................................... ............................... 2.6065397% Net Interest Cost ( NIC) ................................................. ............................... 2.7386972% Bond Yield for Arbitrage Purposes ................................ ............................... 2.5922838% True Interest Cost ( TIC) ............................................... ............................... 2.7373959% All Inclusive Cost ( AIC) ................................................. ............................... 2.9418362% Springsted Incorporated File = BROOKL—I.SF -Series 2003 Cross Ref 19978- Refund 19978 Advisors to the Public Sector 612712003 12.04 PM Page 6 $7,900,000 City of Brooklyn Center, Minnesota G. 0. Police & Fire Building Bonds, Series 1997B PRIOR ORIGINAL DEBT SERVICE Date Principal Coupon Interest Total P +I 2/01/2004 470,000.00 4.400% 137,403.75 607,403.75 2/01/2005 495,000.00 4.450% 254,127.50 749,127.50 2/01/2006 515,000.00 4.500% 232,100.00 747,100.00 2/01/2007 540,000.00 4.550% 208,925.00 748,925.00 2/01/2008 565,000.00 4.650% 184,355.00 749,355.00 2/0112009 595,000.00 4.700% 158,082.50 753,082.50 2/01/2010 625,000.00 4.750% 130,117.50 755,117.50 2/01/2011 655,000.00 4.800% 100,430.00 755,430.00 2/01/2012 690,000.00 4.850% 68,990.00 758,990.00 2/01/2013 725,000.00 4.900% 35,525.00 760,525.00 Total 5,875,000.00 - 1,510,056.25 7,385,056.25 YIELD STATISTICS AverageLife ............................................................................................... ............................... 5.312 Years Weighted Average Maturity (Par Basis) ...................................................... ............................... 5.312 Years AverageCoupon ......................................................................................... ............................... 4.7653153% REFUNDING BOND INFORMATION Refunding Dated Date ................................................................................ ............................... 9/01/2003 Refunding Delivery Date ............................................................................. ............................... 9/01/2003 Springsted Incorporated File = BROOKL -1.SF- Series 19978- SINGLE PURPOSE Advisors to the Public Sector 612712003 12:04 PM Page 7 $7,900,000 City of Brooklyn Center, Minnesota G. 0. Police & Fire Building Bonds, Series 1997B DEBT SERVICE TO MATURITY AND TO CALL Date Refunded Bonds D/S To Call Principal Coupon Interest Refunded D/S 2/01/2004 - 116,050.00 - 4.400% 116,050.00 116,050.00 8/01/2004 - 116,050.00 - - 116,050.00 116,050.00 2/01/2005 4,910,000.00 5,026,050.00 - 4.450% 116,050.00 116,050.00 8/01/2005 - - - - 116,050.00 116,050.00 2/01/2006 - - 515,000.00 4.500% 116,050.00 631,050.00 8/0112006 - - - - 104,462.50 104,462.50 2/01/2007 - - 540,000.00 4.550% 104,462.50 644,462.50 8/01/2007 - - - - 92,177.50 92,177.50 2/01/2008 - - 565,000.00 4.650% 92,177.50 657,177.50 8/01/2008 - - - - 79,041.25 79,041.25 2/01/2009 - - 595,000.00 4.700% 79,041.25 674,041.25 8/01/2009 - - - - 65,058.75 65,058.75 2/01/2010 - - 625,000.00 4.750% 65,058.75 690,058.75 8/01/2010 - - - - 50,215.00 50,215.00 2101/2011 - - 655,000.00 4.800% 50,215.00 705,215.00 8/01/2011 - - - - 34,495.00 34,495.00 2/01/2012 - - 690,000.00 4.850% 34,495.00 724,495.00 8/01 /2012 - - - - 17,762.50 17,762.50 2/01/2013 - - 725,000.00 4.900% 17,762.50 742,762.50 • Total 4,910,000.00 5,258,150.00 4,910,000.00 - 1,466,675.00 6,376,675.00 YIELD STATISTICS AverageLife ........................................... ............................... 6.173 Years Weighted Average Maturity (Par Basis) . ............................... 6.173 Years AverageCoupon .................................... ............................... 4.7749704% REFUNDING BOND INFORMATION Refunding Dated Date ........................... ............................... 9/01/2003 Refunding Delivery Date ........................ ............................... 9/01/2003 Springsted Incorporated File = BROOKL —I.SF- Series 19976 - SINGLE PURPOSE Advisors to the Public Sector 612712003 12:04 PM • Page 8 $5,120,000 City of Brooklyn Center, Minnesota G. 0. Police & Fire Building Refunding Bonds, Series 2003B Crossover Refunding of Series 1997B DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 2/01/2004 - - - - 2/01/2005 - - 174,126.04 174,126.04 2/01/2006 590,000.00 1.400% 122,912.50 712,912.50 2/01/2007 600,000.00 1.750% 114,652.50 714,652.50 2/01/2008 610,000.00 2.050% 104,152.50 714,152.50 2/01/2009 625,000.00 2.350% 91,647.50 716,647.50 2/01/2010 645,000.00 2.600% 76,960.00 721,960.00 2/01/2011 660,000.00 2.800% 60,190.00 720,190.00 2/01/2012 685,000.00 2.950% 41,710.00 726,710.00 2/01/2013 705,000.00 3.050% 21,502.50 726,502.50 Total 5,120,000.00 - 807,853.54 5,927,853.54 YIELD STATISTICS BondYear Dollars. .................................................................................................................... $30,993.33 AverageLife ............................................................................................... ............................... 6.053 Years AverageCoupon ........................................................................................ ............................... 2.6065397% • Net Interest Cost ( NIC) ............................................................................... ............................... 2.7386972% TrueInterest Cost ( TIC) ............................................................................. ............................... 2.7373959% Bond Yield for Arbitrage Purposes ............................................................. ............................... 2.5922838% AllInclusive Cost ( AIC) .............................................................................. ............................... 2.9418362% IRS FORM 8038 NetInterest Cost ........................................................................................ ............................... 2.6065397% WeightedAverage Maturity ........................................................................ ............................... 6.053 Years Springsted Incorporated File = BROOKL -I. SF -Series 2003 Cross Ref 19978- Refund 1997B Advisors to the Public Sector 6127 12003 12:04 PM • Page 9 $5,120,000 City of Brooklyn Center, Minnesota G. 0. Police & Fire Building Refunding Bonds, Series 2003B Crossover Refunding of Series 1997B DEBT SERVICE COMPARISON Date Total P +I PCF Existing D/S Net New D/S Old Net D/S Savings 2/01/2004 - - 607,403.75 607,403.75 607,403.75 - 2/01/2005 174,126.04 (5,084,126.04) 5,659,127.50 749,127.50 749,127.50 - 2/01/2006 712,912.50 - - 712,912.50 747,100.00 34,187.50 2/01/2007 714,652.50 - - 714,652.50 748,925.00 34,272.50 2/01/2008 714,152.50 - - 714,152.50 749,355.00 35,202.50 2/01/2009 716,647.50 - - 716,647.50 753,082.50 36,435.00 2/01/2010 721,960.00 - - 721,960.00 755,117.50 33,157.50 2/01/2011 720,190.00 - - 720,190.00 755,430.00 35,240.00 2/01/2012 726,710.00 - - 726,710.00 758,990.00 32,280.00 2/01/2013 726,502.50 - - 726,502.50 760,525.00 34,022.50 Total 5,927,853.54 (5,084,126.04) 6,266,531.25 7,110,258.75 7,385,056.25 274,797.50 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) NetFV Cashflow Savings ........................................................................... ............................... 274,797.50 Gross PV Debt Service Savings ................................................................. ............................... 239,304.12 Net PV Cashflow Savings @ 2.592 %(Bond Yield) .................................... ............................... 239,304.12 • Contingency or Rounding Amount .............................................................. ............................... 810.41 NET FUTURE VALUE BENEFIT ................................................................ ............................... $275,607.91 NET PRESENT VALUE BENEFIT ............................................................. ............................... $240,114.53 NET PV BENEFIT 1$994,532.76 PV REFUNDED INTEREST ................... ............................... 24.143% NET PV BENEFIT 1$5,190,009.05 PV REFUNDED DEBT SERVICE ....... ............................... 4.626% NET PV BENEFIT/ $4,910,000 REFUNDED PRINCIPAL ........................ ............................... 4.890% NET PV BENEFIT 1 $5,120,000 REFUNDING PRINCIPAL ....................... ............................... 4.690% REFUNDING BOND INFORMATION Refunding Dated Date ................................................................................ ............................... 9/01/2003 Refunding Delivery Date ............................................................................ ............................... 9/01/2003 Springsted Incorporated File = BROOKL--I.SF- Series 2003 Cross Ref 19978 - Refund 19976 Advisors to the Public Sector 6127 12003 12:04 PM • Page 10 • • 0' CITY OF BROOKLYN CENTER TAX INCREMENT FINANCING DISTRICT NO.3 SUMMARY OF CASH FLOW OBLIGATIONS - INCLUDES ALL OF TIF DISTRICT 3 PLUS BROOKDALE AND 69TH STREET & BROOKLYN BLVD PROJECTS Estimated Estimated Less: Annual $4,560,000 $1,000,000 $2,900,000 Average Annual Transfer Increment Increment Admin. Net GO TIF Obligation TIF Note Total Investment Surplus out to FUND Year TIF District 3 Brookdale & Expenses Increment Bonds, to TIF No. 4 (Brookdale) Obligations Earnings (Deficit) other BALANCE 69th & BB 0.00% Series 1995A 0.00% 0.00% (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 2002 4,856,845 2003 2,483,751 105,768 0 2,589,519 546,993 173,333 0 720,326 0 1,869,194 0 6,726,039 2004 2,530,162 942,618 0 3,472,780 544,553 0 353,904 898,456 0 2,574,324 0 9,300,363 2005 2,530,162 1,049,276 0 3,579,438 531,123 0 707,808 1,238,930 0 2,340,508 0 11,640,870 2006 2,530,162 1,049,276 0 3,579,438 507,363 0 707,808 1,215,170 0 2,364,268 0 14,005,138 2007 2,530,162 1,049,276 0 3,579,438 507,585 0 707,808 1,215,393 0 2,364,045 0 16,369,183 2008 2,530,162 1,049,276 0 3,579,438 481,694 0 707,808 1,189,501 0 2,389,936 0 18,759,120 2009 2,530,162 1,049,276 0 3,579,438 470,200 0 399,353 869,553 0 2,709,885 0 21,469,005 2010 2,530,162 1,049,276 0 3,579,438 457,694 0 0 457,694 0 3,121,744 0 24,590,749 2011 2,530,162 1,049,276 0 3,579,438 439,344 0 0 439,344 0 3,140,094 0 27,730,843 2012 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 31,310,281 2013 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 34,889,718 2014 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 38,469,156 2015 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 42,048,594 2016 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 45,628,032 2017 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 49,207,470 2018 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 52,786,908 2019 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 56,366,346 2020 2,530,162 1,049,276 0 3,579,438 0 0 0 0 0 3,579,438 0 59,945,783 2021 45,496,510 17,836,796 33 30 - 0 63,3,5 4,486,546 173,333 3,584,487 8,244 0 0 0 0 _ 59,945,783 ,367 - - (1) Calendar year ending 12131... (2) Estimated tax increment of TIP District No. 3 essstate auditor fee of 0.36 %. (3) Estimated tax increment of Brookdale & 69th & Brooklyn Blvd projects lessstate auditor fee of 0.36 %. (4) Administrative expenses are 0 %. City # 3 (5) Annual net increment (tax increment less state auditor fee less admin. expenses). County # (6) GO TIP Bonds, Series 1995A - last payment 211/11. Annual payment includes 2/1 and 8/1 payments. School District (7) $1,000,000 obligation to TIP District No. 4 - last semi - annual payment in 2003. Type Red. (8) $2,900,000 TIP note from Brookdale project. 1st Collection 1996 0) Last Collection 4/19/21 (Q (9) Total obligations. 0) (10) Investment earnings calculated at 0% based on prior year fund balance and current year increment and obligations. TC Rate % TC Rate (Pay Year) 2003 —� (11) Annual surplus /(deficit). (12) Transfer in /out. (13) Cumulative fund balance as of 12131/02. Prepared by Springsted Incorporated (6/30/2003) TIF 3 -all BC TIF 3 only (6- 30- 03).xis $2,505,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C Crossover Refunding of Series 1995A REFUNDING SUMMARY Dated 09/01/2003 Delivered 09/01/2003 SOURCES OF FUNDS P ar Amount of Bonds ................................................... ............................... $2,505,000.00 TOTAL SOURCES ....................................................... ............................... $2,505,000.00 USES OF FUNDS Deposit to Crossover Escrow Fund .............................. ............................... 2,445,630.93 Costsof Issuance ......................................................... ............................... 39,000.00 Total Underwriter's Discount (0. 800%) ........................ ............................... 20,040.00 RoundingAmount ......................................................... ............................... 329.07 TOTALUSES .............................................................. ............................... $2,505,000.00 FLOW OF FUNDS DETAIL State and Local Government Series (SLGS) rates for .. ............................... 6/20/2003 Date of OMP Candidates .............................................. ............................... • CROSSOVER ESCROW FUND SOLUTION METHOD .............................. Net Funded Total Cost of Investments ............................................. ............................... $2,445,630.93 Interest Earnings @ 0. 887% ......................................... ............................... 30,562.40 TOTAL DRAWS........ .... -,.— ....................................................................... $2,476,193.33 ISSUES REFUNDED AND CALL DATES Series1995A .......................................... ............................... ...................... 2 /01/2005 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Net PV Cashflow Savings @ 3.213 %(Bond Yield) ....... ............................... 128,519.95 Contingency or Rounding Amount ................................ ............................... 329.07 NET PRESENT VALUE BENEFIT........................... ................................. .. $128,849.02 NET PV BENEFIT / $2,370,000 REFUNDED PRINCIPAL ......................... 5.437% NET PV BENEFIT / $2,505,000 REFUNDING PRINCIPAL ........................ 5.144% BOND STATISTICS AverageLife ................................................................. ............................... 4.898 Years AverageCoupon .......................................................... ............................... 3.2321616% Net Interest Cost ( NIC) ................................................. ............................... 3.3955035% Bond Yield for Arbitrage Purposes ................................ ............................... 3.2125890% True Interest Cost ( TIC) ............................................... ............................... 3.3918307% All Inclusive Cost ( AIC) ................................................. ............................... 3.7459755% Springsted Incorporated File = BROOKL -1.SF- Series 2003 Cross Ref 1995A (Taxable)- Refund 1995A Advisors to the Public Sector 6!27/2003 12:04 PM Page 12 City Y of Brooklyn Center, Minnesota $4,560, 000 TAXABLE G. O. Tax Increment Bonds, Series 1995A Series 1995A PRIOR ORIGINAL DEBT SERVICE Date Principal Coupon Interest Total P +I 2101/2004 350,000.00 6.600% 103,051.25 453,051.25 2/01/2005 360,000.00 6.600% 183,002.50 543,002.50 2/01/2006 360,000.00 6.600% 159,242.50 519,242.50 2/01/2007 385,000.00 6.700% 135,482.50 520,482.50 2/01/2008 385,000.00 6.750% 109,687.50 494,687.50 2/01/2009 400,000.00 6.750% 83,700.00 483,700.00 2/01/2010 415,000.00 6.750% 56,700.00 471,700.00 2/01/2011 425,000.00 6.750% 28,687.50 453,687.50 Total 3,080,000.00 - 859,553.75 3,939,55175 YIELD STATISTICS AverageLife ............................................................................................... ............................... 4.066 Years Weighted Average Maturity (Par Basis)...... ....... -- .... ................. ........................................... 4.066 Years AverageCoupon ........................................................................................ ............................... 6.7264723% REFUNDING BOND INFORMATION RefundingDated Date ................................................................................ ............................... 9/01/2003 RefundingDelivery Date ............................................................................ ............................... 910112003 Springsted Incorporated File = BROOKL-1.SF- Series 1995A- SINGLE PURPOSE Advisors to the Public Sector 612712003 12:04 PM Page 13 City of Brooklyn Center, Minnesota $4,560, 000 TAXABLE G. O. Tax Increment Bonds, Series 1995A Series 1995A DEBT SERVICE TO MATURITY AND TO CALL Date Refunded Bonds D/S To Call Principal Coupon Interest Refunded D/S 2/01/2004 - 79,621.25 6.600% 79,621.25 79,621.25 8/01/2004 - 79,621.25 - 79,621.25 79,621.25 2/01/2005 2,370,000.00 2,449,621.25 6.600% 79,621.25 79,621.25 8/01/2005 - - - - 79,621.25 79,621.25 2101/2006 - - 360,000.00 6.600% 79,621.25 439,621.25 8/01/2006 - - - - 67,741.25 67,741.25 2/01/2007 - - 385,000.00 6.700% 67,741.25 452,741.25 8/01/2007 - - - - 54,843.75 54,843.75 2/01/2008 - - 385,000.00 6.750% 54,843.75 439,843.75 8/01/2008 - - - - 41, 850.00 41, 850.00 2101/2009 - - 400,000.00 6.750% 41,850.00 441,850.00 8/01/2009 - - - - 28,350.00 28,350.00 2/01/2010 - - 415,000.00 6.750% 28,350.00 443,350.00 8/01/2010 - - - - 14,343.75 14,343.75 2/0112011 - - 425,000.00 6.750% 14,343.75 439,343.75 Total 2,370,000.00 2,608,863.75 2,370,000.00 - 812,363.75 3,182,363.75 YIELD STATISTICS Average Life ........................................... ............................... 5.007 Years Weighted Average Maturity (Par Basis) .. ............................... 5.007 Years Average Coupon ..................................... ............................... 6.7334615% REFUNDING BOND INFORMATION Refunding Dated Date ............................ ............................... 9/01/2003 Refunding Delivery Date ......................... ............................... 9/01/2003 Springsted Incorporated File = BROOKL -1. SF- Series 1995A- SINGLE PURPOSE Advisors to the Public Sector 6/27/2403 12:04 PM Page 14 • $2,505,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C Crossover Refunding of Series 1995A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 2/01/2004 - - - - 2/01 /2005 - - 106,193.33 106,193.33 2/01/2006 420,000.00 1.900% 74,960.00 494,960.00 2/01/2007 430,000.00 2.400% 66,980.00 496,980.00 2/01/2008 415,000.00 2.850% 56,660.00 471,660.00 2/01/2009 415,000.00 3.350% 44,832.50 459,832.50 2/01/2010 415,000.00 3.600% 30,930.00 445,930.00 2/01/2011 410,000.00 1900% 15,990.00 425,990.00 Total 2,505,000.00 - 396,545.83 2,901,545.83 YIELD STATISTICS BondYear Dollars ...................................................................................... ............................... $12,268.75 AverageLife ............................................................................................... ............................... 4.898 Years AverageCoupon ........................................................................................ ............................... 3.2321616% Net Interest Cost ( NIC) ............................................................................... ............................... 3.3955035% True Interest Cost ( TIC) ............................................................................. ............................... 3.3918307% • Bond Yield for Arbitrage Purposes ............................................................. ............................... 3.2125890% All Inclusive Cost ( AIC) .............................................................................. ............................... 3.7459755% IRS FORM 8038 NetInterest Cost ........................................................................................ ............................... 3.2321616% Weighted Average Maturity ........................................................................ ............................... 4.898 Years Springsted Incorporated File = BROOKL-1.SF- Series 2003 Cross Ref 1995A (Taxable)- Refund 1995A Advisors to the Public Sector 612712003 12:04 PM • Page 15 $2,505,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Refunding Bonds, Series 2003C Crossover Refunding of Series 1995A DEBT SERVICE COMPARISON Date Total P +I PCF Existing D/S Net New D/S Old Net D/S Savings 2/01/2004 - - 453,051.25 453,051.25 453,051.25 - 2/01/2005 106,193.33 (2,476,193.33) 2,913,002.50 543,002.50 543,002.50 - 2/01/2006 494,960.00 - 494,960.00 519,242.50 24,282.50 2/01/2007 496,980.00 - - 496,980.00 520,482.50 23,502.50 2/01/2008 471,660.00 - - 471,660.00 494,687.50 23,027.50 2/01/2009 459,832.50 - - 459,832.50 483,700.00 23,867.50 2/01/2010 445,930.00 - - 445,930.00 471,700.00 25,770.00 2/01/2011 425,990.00 - - 425,990.00 453,687.50 27,697.50 I Total 2,901,545.83 (2,476,193.33) 3,366,053.75 3,791,406.25 3,939,553.75 148,147.50 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) I Net FV Cashflow Savings ........................................................................... ............................... 148,147.50 Gross PV Debt Service Savings ................................................................. ............................... 128,519.95 Net PV Cashflow Savings @ 3.213 %(Bond Yield) .................................... ............................... 128,519.95 Contingency or Rounding Amount .............................................................. ............................... 329.07 NET FUTURE VALUE BENEFIT ................................................................ ............................... $148,476.57 • NET PRESENT VALUE BENEFIT ............................................................. ............................... $128,849.02 NET PV BENEFIT/ $507,562.51 PV REFUNDED INTEREST ................... ............................... 25.386% NET PV BENEFIT / $2,530,959.61 PV REFUNDED DEBT SERVICE ....... ............................... 5.091% NET PV BENEFIT/ $2,370,000 REFUNDED PRINCIPAL ........................ ............................... 5.437% NET PV BENEFIT / $2,505,000 REFUNDING PRINCIPAL ....................... ............................... 5.144% REFUNDING BOND INFORMATION Refunding Dated Date ................................................................................ ............................... 9/01/2003 Refunding Delivery Date ............................................................................ ............................... 9/01/2003 Springsted Incorporated File = BROOKL-1.SF- Series 2003 Cross Ref 1995A (Taxable)- Refund 1995A Advisors to the Public Sector 6127 12003 12:04 PM I I • Page 16 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE • ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,120,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2003B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, August 11, 2003, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. • (a) Sealed Biddinq. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Biddina. Notice is hereby given that electronic proposals will be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY' shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY The City is using the services of PARITY sole) as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY`is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY this Terms of Proposal shall control. Further information about PARITY including any fee charged, may be obtained from: PARITY 40 West 23 rd Street, 5 th Floor, New York City, New York 10010, Customer Support, (212) 404 -8102. Page 17 DETAILS OF THE BONDS • The Bonds will be dated September 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $590,000 2008 $610,000 2010 $645,000 2012 $685,000 2007 $600,000 2009 $625,000 2011 $660,000 2013 $705,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, • representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to refund • in advance of maturity the February 1, 2006 through February 1, 2013 maturities of the City's General Obligation Police and Fire Building Bonds, Series 1997B, dated December 1, 1997. Page 18 TYPE OF PROPOSALS Proposals shall be for not less than $5,079,040 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $51,200, payable to the order of the City. If a check is used, it must accompany the proposal. if a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. Page 19 SETTLEMENT • Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 150 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 14, 2003 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk • Page 20 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE • ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,505,000* CITY OF BROOKLYN CENTER, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003C (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, August 11, 2003, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. • (a) Sealed Biddinq. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Biddinq. Notice is hereby given that electronic proposals will be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITY' shall constitute the official time with respect to all Bids submitted to PARITY'. Each bidder shall be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY' shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY The City is using the services of PARITY sole) as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY this Terms of Proposal shall control. Further information about PARITY, including any fee charged, may be obtained from: PARITY', 40 West 23 Street, 5 th Floor, New York City, New York 10010, Customer Support, (212) 404 -8102. Page 21 DETAILS OF THE BONDS . The Bonds will be dated September 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $420,000 2008 $415,000 2010 $415,000 2007 $430,000 2009 $415,000 2011 $410,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, • representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax • increment revenues from Tax Increment District Number 3. The proceeds will be used to refund in advance of maturity the February 1, 2006 through February 1, 2011 maturities of the City's Taxable General Obligation Tax Increment Bonds, Series 1995A, dated November 1, 1995. Page 22 TAXABILITY OF INTEREST • The interest to be paid on the Bonds is includable in gross income of the recipient for United t State of Minnesota income tax purposes, and is subject to Minnesota Corporate States and S a p p orate and J p bank excise taxes measured by net income. TYPE OF PROPOSALS Proposals shall be for not less than $2,484,960 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $25,050, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral • multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. Page 23 CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 80 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 14 - 1 2003 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk Page 24 • City Council Agenda Item No. 9d • MEMORANDUM DATE: July 8, 2003 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Authorizing the Purchase of Properties in a Pending Condemnation Action, Mississippi Riverbank Protection Project, Improvement Project 1999 -11 On June 9, 2003, the Brooklyn Center City Council authorized the appraised values of temporary and permanent easements necessary for the construction of the Mississippi Riverbank Protection Project. The nine property owners along the project corridor were presented with offers to purchase the easements based on the amounts approved by the Council. In addition to easement costs, Evergreen Land Services has been negotiating with individual property owners to reach an agreement on the price for administrative adjustments. Administrative adjustments include compensation for miscellaneous structures such as stairways, large trees in the rear yards and sheds that will be removed for construction of the project. • Evergreen Land Services has reached an agreement with six of the nine roe owners for �' � property rtY compensation for the easements and administrative adjustments. A resolution authorizing the City Manager to enter into agreements with the six owners of the affected properties for acquisition of easements and administrative adjustments is attached for City Council consideration. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT 1999 -11 WHEREAS, by Resolution No. 2002 -189, adopted on December 9, 2002, the City Council for the City of Brooklyn Center authorized the acquisition of certain easements by eminent domain, as more particularly described in said resolution; and WHEREAS, the City's agent has negotiated with the property owners along the proj ect corridor for acquisition of temporary and permanent easements and administrative adjustments for existing stairs, large trees and sheds; and WHEREAS, the City's agent has reached a tentative agreement with six of the nine property owners along the project corridor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is authorized to enter into agreements to purchase easements and compensate for administrative adjustment items in the amounts set forth on the attached Exhibit A. 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 Parcel Property Addresses Easement Admin. Total No. Amount Adjustment Amount 2 6648 West River Road, Brooklyn $2,400.00 0 $2,400.00 Center, MN 55430 16 6720 Willow Lane N., Brooklyn $4,600.00 0 $4,600.00 Center, MN 55430 17 6712 West River Road, Brooklyn $9,000.00 $1,000.00 $10,000.00 Center, MN 55430 Stairway/Trees 18 6704 West River Road, Brooklyn $5,000.00 $1,000.00 $6,000.00 Center, MN 55430 Stairway/Trees 19 6700 West River Road, Brooklyn $4,700.00 $700.00 $5,400.00 Center, MN 55430 Shed Removal 21 6620 Willow Lane N, Brooklyn $3,500.00 $1,000.00 $4,500.00 Center, MN 55430 Trees in Rear Yard • i City Council Agenda Item No. 9e . MEMORANDUM DATE: July 8, 2003 TO: Michael McCauley, City Manager �p }� FROM: Todd Blomstrom, Director of Public Works I Yr SUBJECT: Staff Report on Locomotive Horn Operations at the Railroad Crossing on Azelia Avenue North City staff contacted the Canadian Pacific railroad to discuss the use of locomotive horns at the Azelia Avenue railroad crossing in response to noise complaints that were received from residents. A Canadian Pacific representative indicated that it is company policy to sound locomotive horns in advance of at -grade crossings until a proposed rule is passed that will regulate the use of locomotive horn operations. The proposed rule from the Federal Railroad Administration currently under consideration is titled: Use of Locomotive Horns at Highway -Rail Grade Crossings. The rule provides for the establishment of quiet zones where supplemental safety measures are installed for at -grade crossings. These measures include gates, center median barriers and warning lights. Canadian Pacific has indicated that local governments will be able to request that locomotive horn operations be discontinued for specific railroad crossings where supplemental safety measures are installed once the proposed rule is passed. Canadian Pacific confirmed that the recent improvements at the Azelia Avenue crossing would meet the new requirements for supplemental safety measures. The City will need to provide a city council resolution or ordinance if there is a desire to have Canadian Pacific discontinue the sounding of locomotive horns at the Azelia Avenue at -grade crossing. Additional information on the proposed rule is attached for your consideration. • Fedreral Railroad Administration - DOT Page 1 of 3 Questions and Answers on The Proposed Rule for the Use of Locomotive Horns Question: Why is the Federal Railroad Administration (FRA) proposing to universally require the sounding of locomotive train horns in advance of highway -rail grade crossings? Site Index Use of Locomotive Horns Answer: • Backaround Studies The FRA is promulgating the proposed regulation because the and Reports Swift Rail Development Act, enacted in November 1994, required that locomotive horns or whistles be sounded upon • Notice of Proposed approaching every public grade crossing except where: Rulemakino • There is no significant risk to persons; • Use of a horn as a warning device is not practical; or • Draft Environmental • Supplemental Safety Measures (SSMs) fully compensate for Impact Statement the absence of the audible warning provided by a horn or whistle. • Dockets Question: • News Releases What is a whistle ban? • • Fact Sheet Answer: • Questions and A whistle ban or train horn ban is a prohibition of the sounding of Answers locomotive audible warning devices within a local community or at specific highway -rail grade crossings. Whistle bans have historically been established by local ordinance or through agreements with specific railroads pursuant to existing state law. Studies have shown the silencing of locomotive horns greatly increases the safety hazard to vehicles at highway -rail grade crossings, since no specific safety improvements are made to compensate for the absence of the audible warning. Question: What is a "quiet zone "? Answer: As conceived in the proposal, a quiet zone is a rail corridor at least one half mile in length with one or more public highway -rail grade crossings at which Supplemental Safety Measures (SSMs) or Alternative Safety Measures (ASMs) are adopted by a state or local traffic control or law enforcement authority to "fully compensate for the absence of the audible warning provided by the locomotive horn." Under the proposed rule, train horns or • whistles could only be silenced if approved SSM or ASM treatments are applied to crossings in the designated corridor. All public crossings in the quiet zone must be equipped with gates and lights at a minimum. http: // www.fra.dot.gov /rdv/homs /qa.htm 6/26/2003 Fedreral Railroad Administration - DOT Page 2 of 3 Question: What are Supplemental Safety Measures (SSMs) and Alternative Safety Measures (ASMs)? Answer: A SSM is a system that has been determined to be effective in preventing the careless movement by motorists over a crossing. For example, median barriers, also referred to as traffic separators or channelization devices, at crossings equipped with automatic crossing gates, are considered to be effective toward this end. Proposed SSMs include: • Four quadrant gates. • Medians or channelization devices at gated crossings. • Paired one -way streets. • Temporary closure (i.e., nighttime closure). • Use of photo- enforcement technology. ASMs include approved variations of SSMs as well as: 1. Long -term programmatic law enforcement efforts and initiatives within a community. 2. Targeted public education awareness efforts and initiatives within a community. Question: Is the FRA proposing to regulate the maximum sound level and duration of locomotive horns or whistles? Answer: The FRA proposes to regulate maximum audibility and is requesting comments on two proposed maximum noise levels: 104db and 111 db. The proposed regulation specifies that locomotive horns or whistles be sounded at whistle boards, which are operational signs located along the right -of -way. Over time, whistle boards would be relocated so that a train traveling at the maximum authorized track speed would provide 20 seconds advance audible warning before the crossing, but not to exceed a distance of one - quarter mile in advance of the crossing. Question: In the absence of a federal requirement, why have the nation =s railroads always sounded locomotive horns or whistles? Answer: Since the late 1800s the sounding of locomotive horns or • whistles in advance of highway -rail grade crossings has been used as a universal safety precaution by railroads. Whistles were initially used to alert livestock on the track and to warn horse - drawn carriages and then automobiles at crossings. http:// www.fra.dot.gov /rdv/homs /ga.htm 6/26/2003 Fedreral Railroad Administration - DOT Page 3 of 3 The manner in which horns have been sounded at crossings (two longs, one short and one long) was standardized in 1938 and the operating practices associated with the sounding of whistles or horns were codified into railroad rule books. Today, audible warning devices are used primarily to warn motorists and for emergency situations. Most states have statutes or regulations requiring that trains provide an audible warning on approach to public grade crossings. Question: Why do we need the train horn at locations where flashing lights and gates already announce the arrival of the train? Answer: Every year, about half of crossing collisions and casualties occur at crossings with fully operational warning devices (flashing lights alone, or lights and gates). These are generally higher volume crossings (with many trains and many motor vehicles). Unfortunately, just as some motorists run stop lights at street intersections, some motorists also believe that they can "beat the train." Too often, they are wrong. The train horn is a powerful means of alerting the motorist of the direction from which the train is coming and predicting its early arrival on the crossing. This warning appears to help motorists make sound decisions concerning compliance with these traffic signals. Even with the train horn, too many casualties occur at crossings with lights and gates. However, FRA =s statistics indicate that, when train horns are silenced at crossings with lights and gates, the collision rate jumps 62 percent. {nav_._loc fag - comments - what's new - Search I i htt : / /ww .fr p w a.dot.gov /rdv /horns /ga.htm 6/26/2003 JUN -10 -2003 1104 CITY OF VADNA I S HGTS 651 204 6100 P.01/01 CITY OF VA.DNAIS HEIGHTS ORDINANCE No. 505 AN ORDINANCE PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE WHISTLES IN THE CITY AND ADDING CHAPTER 187 TO THE VADNAIS HEIGHTS CITY CODE The City Council of the City of Vadnais Heights does hereby ordain: I. Chapter 187 is hereby added to the Vadnais Heights City Code to read as follows: 187.010. Finding and Puraose. The Council finds that the sounding of railroad locomotive whistles at grade crossings has increased in recent years. The increased use of railroad locomotive whistles at grade crossings in and around residential neighborhoods has detracted from the quiet enjoyment of property and from the peace and dignity of the City. In "order to protect the safety, welfare ' and convenience of the public, and in conformance with Nfinn. Stet. Section 219.567, the Council finds it necessary to establish the following regulation pertaining to railroad locomotive whistles. 187.020. Limitations on Use of Whistles._ No person shall sound or blow the whistle or hom of a railroad locomotive between the hours of 8:00 p.m. and 6:00 a.m. at or near the at grade crossings of McMenemy Road and Highway 96, within the City, except at times where there is a clear and present danger to life or property. The sounding of any railroad locomotive whistle or horn shall be prima facia evidence that it was sounded or blown with the permission of the railroad company. 187.030. tension of Prohibition Area. The prohibition set forth in Section 187.020 above shall automatically extend to the at grade crossing of County Road F when such crossing is equipped with gates, flashing lights and center medians. 187.040. Penalty. Violation of the provisions of this Chapter is a misdemeanor. II. Passed this 8tk�t day of November_._, 2000 • u�',Gddrs(i �" Susan Banovetz, Ma3prr Attest: Gerald Urban, Ci dministrator • NATI'" FAX MEMO 01615 Date b aa / f 9 1 T / �" � From Co.t Dep C co. • Plano # Pnono V p el Fax d TOTAL P.01 Office of the City Manager TCity of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmember ody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley, City Manager DATE: July 11, 2003 SUBJECT: Council Agenda Item No. 9e Attached please find additional materials for the informational item on the agenda under 9e on train whistles. Attachment • 4"301 Shingle Creek Parkway Recreation and Community Center & TDD g y ec Co u y C er Phone 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 Jul -10-03 16:55 From - Kennedy & Graven +6123379310 T -628 P.002/003 F -231 470 Pillsbury Center 200 Soiuh Sixth Street Minneapolis MN 55402 (612) 337 - 9300 telephone Grawv- (612) 337.9310 Fax C H A R T E R E D http : / /www.kenncdy- gravett.cotll M)CHAELT. N ORTON Awmey at Law Dircc:[ Dial (612) 337 -9242 Email mnononCkrnnndy- g=vwn.com July 10, 2003 Todd Blomstrom City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE Brooklyn Center Train Whistle Ordinance Dear Todd: • 1 have reviewed the draft Brooklyn Center train whistle ordinance which is designed to limit the use of whistles in the vicinity of Azelia Avenue North. Brooklyn Center may regulate the blowing of whistles, if consistent with the requirements of Minnesota law, and until federal regulations are finally enacted. Discussion Minn. Stat. § 219.166 — Establishment of Quiet Zones provides as follows. A county, statutory or home rule charter or city, or town may by ordinance establish a defined "quiet zone" in which the sounding of horns, whistles or other audible warnings by locomotives is regulated or prohibited. A quiet zone established under this section must consist of at least one -half mile of railroad right -of -way. All quiet zones, regulations, and ordinances adopted under this section must conform to federal law and the regulations of the Federal Railroad Administration. The Federal Railroad Administration (FRA) has under advisement a series of regulations which are designed to unplemern the authority granted by Congress to the Administrator of the FRA by USCA Title 49, § 20153. The FRA has not yet completed the fugal rulemaking on the regulations, but the clear intent would be to preempt both state and local authority to regulate the use of locomotive horns or other similar devices. However, the authority of the FRA to promulgate such regulations does not preempt at this time local regulation as proposed by the City of Brooklyn • Center. See, e.g., Civil Cit of South Bend, Tn_diana v. Consolidated Rail Corp., 880 F.Supp. 595 ntTnr- zaazs��l sR291-4 Jul -10 -03 16:55 From - Kennedy & Graven +6123379310 T -628 P.003/003 F -231 Todd Blomstrom July 10, 2003 Page 2 • .D. Ind. 1995 . Therefore, (N ) h fore, the city still retains the authority to promulgate reasonable regulations concerning locomotive warning devices consistent with Minn. Stat. § 219.166_ However, there are liability issues associated with the banning of locomotive whistles, depending on the level of safety features in existence at the affected crossing. Rail carriers may still challenge such a regulation on the basis that there is federal preemption due to interference with interstate commerce, and federal laws regulating rail carriers, as well as the safety issues associated with the crossing. In reviewing he d g raft ordinance in light of the requirements of Minn- Stat. § 219.166, you should consider that the City must defino a "quiet zone" which consists of at least one-half mile of railroad right-of-way in order to meet the statutory requirements. You should also consider that any ordinance establishing a quiet zone in or near the vicinity of Azelia Avenue North, should snake findings as to why a quiet zone is needed at that particular location in order to provide a factual basis for the regulation. A review of liability issues should be conducted by staff in light of the safety measures presently available at, or contemplated near, Azelia Avenue, if a whistle ban is enacted. Conclusion The City has the authority to promulgate an ordinance establishing a quiet zone prohibiting the sounding of locomotive warning devices, if the ordinance is consistent with Minn. Slat. § 219.166. It is still possible that the affected railroad may challenge such a regulation on preemption grounds. • Liability issues should be addressed as part of any decision to establish a quiet zone. Very truly yours, Michael T. Norton MTNIcm cc: Charlie LeFevere • M1N- 234287vi BR291.4 I_ _ City Council Agenda Item No. 9f • MEMORANDUM TO: Michael McCauley, City Manager FROM: Curt Boganey, Assistant City Mana DATE: July 9, 2003 SUBJECT: Revision of Licensing Ordinances Background: Currently the licensing operation is divided between the Police Department and the Clerk's office. Due to budget constraints the police department has reduced its clerical staff support by one and one -half employees and it's possible that additional reductions may be necessary. The current liquor ordinance has a number of inconsistencies regarding the procedures that are used depending on the type of license being applied for. Current language has required the City to hold license fee checks of several thousand dollars on deposit for many weeks as the investigation process is underway. • Some of the prescriptive background check requirements of the current ordinance have been determined to be unnecessary and without value in the opinion of the Police Chief. You have directed that we address these and other issues, by establishing a " one stop shop" for licensing in the Clerks office, streamlining our procedures, eliminating unnecessarily burdensome regulations and establishing consistent methods and procedures to improve customer convenience. To accomplish this we have revised all business and liquor license ordinance processes and procedures so that the City Clerk may serve as the responsible administrative authority. We have revised our ordinance procedures to avoid holding application fee checks for long periods during the investigation process. We have reviewed and revised our liquor license background criteria to assure completeness and ongoing relevance. Proposed Changes: In accordance with your direction an administrative team including the City Clerk, Chief of Police and myself have worked with the City Attorney to draft the attached ordinance amendments. We believe that with the adoption of these amendments the objectives set forth will be achieved. • The language changes are generally intended to be technical and not substantive. The new language is underlined and old language is within brackets. Chapter 11, The Liquor Ordinance and Chapter 23, the General Licensing Regulations Ordinance of the City Code are modified by these changes. As provided in other City Ordinances the new language is intended to provide the City Manager with the necessary discretion to authorize or appoint the appropriate enforcement and administrative staff. Under the current ordinance application procedures, fees and charges vary between licenses without clear rationale; therefore modifications have been made to provide a reasonably consistent process for administering all license applications. To accomplish greater uniformity, the language consistently establishes a non - refundable investigation fee for all new licenses requiring a background investigation. The language consistently requires that the initial license fee be paid in cash before the license is issued. The language consistently requires a re- investigation fee when a change in management or ownership occurs. The language consistently requires a late renewal charge when applicable. Like other business license ordinances this amendment authorizes the City Council to establish a fixed investigation fee amount. Because the City will only require payment of the non - refundable investigation fee at the time of application, we avoid holding license fees during the investigation process, which • may take several weeks in some cases. After a new application is approved, the license fee must be paid in cash prior to issuance of the license. Section 11 -503 has been substantially modified to eliminate the prescriptive liquor license background check requirements. The new language substitutes the requirements set forth by Public Safety Commissioner in the State application form plus any additional information deemed appropriate by the City Manager's designee. The City presently has an application form establishing the necessary background information needed. This new language allows the City Manager through his or her designee to modify the background information requirements as may be warranted. Recommendation: With the amendments sited above and included within the attached, we believe that the objectives set forth by your assignment will be met. We recommend that the amendments to Chapters 11 and 23 of the City Code of Ordinance be submitted to the City Council for adoption consideration. Following the adoption of these amendments a resolution establishing investigation fees will be required. • GADepts\ADMIN \Asst City Mgr \citymanager.licenses.mem.doc • 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. or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapters 11 and 23 relating to liquor licensing and general licensing regulations. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 11 -103 is amended as follows: Section 11 -103. APPLICATIONS FOR LICENSE. • Subdivision 1. Every application for a license to sell beer shall be made on a form supplied by the City. It shall be unlawful to make any false statement in an application. Applications shall be filed with the [chief of police] Citv Manager's designee. Subdivision 2. Every application shall be referred to the [chief of police] Cily Manager's designee. The [chief of police or his/her designee] City Manager's 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 the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. A[n] non - refundable investigation fee as set by city council resolution shall accompany each application. [The chief of police shall estimate the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeds the minimum but which remains unused after completion of the investigation shall be returned to the applicant.] A re- investigation fee as set by city council resolution shall be applied when a change in management or ownership occurs. Subdivision 3. Every "on- sale" application shall be [referred to the director of planning and inspection as to] reviewed to determine whether the proposed licensed premises meets the requirements of the zoning ordinance and building code. • CLL- 234056v1 1 BR-291-4 I • Subdivision 4. "Temporary on- sale" applications shall be submitted to the [chief of police] Citv Manager's designee a minimum of thirty calendar days in advance of the proposed event. There is no investigation fee to apply for this license. Subdivision 5. ADDlication for the renewal of an existing license shall be made by November 1. If in the iudament of the city council. good and sufficient reason is shown by the applicant for his failure to file for a renewal within the time provided, the city council may. if the other provisions of this ordinance are complied with, grant the application. Section 2. City Code Section 11 -104 subdivisions 1 and 2 are amended as follows: Section 11 -104. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on- sale or off -sale 3.2 percent malt liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial • responsibility may be provided by supplying to the [chief of police] Citv Manager's designee any of the following proofs: a. A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than $300,000 per policy year; or b. A bond of a surety company with minimum coverages as provided in clause (a); or C. A certificate of the state treasurer that the licensee has deposited with him $300,000 in case or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000. Section 3. City Code Section 11 -105 subdivision 1 is amended as follows: Section 11 -105. LICENSE FEES. Subdivision 1. [Each application for a license shall be accompanied by a receipt from the chief of police for payment in full of the required fee for the license.] A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. The initial license fee shall be raid in full. with cash. or a certified or cashier's check, before the license is issued.. Renewal license fees shall be paid • in full at the time of application for renewal.. All fees shall be paid into the general fund of CLL- 234056vl 2 BR291 -4 • the municipality. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1.. [Upon rejection of any application for a license, the City shall refund the amount paid.] Section 4. City Code Section 11 -106 subdivision 1 is amended as follows: Subdivision 1. The city council shall cause to be investigated all facts set out in the application. [Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the city council shall grant or refuse the application at its discretion.] Section 5. City Code Section 11404 is amended as follows: Section 11 -404. PREMISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the commissioner of public safety, his designated agents, and duly authorized peace officers of the City. Refusal to permit such inspections shall be a violation of this ordinance. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the [chief of police] Citv Manager's designee with such indicia of membership to be used only for the purposes set forth in this Section 11 -404. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of the license. • Section 6. City Code Section 11407 subdivisions 1 and 2 are amended as follows: Section 11 -407. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any annual ti or one day set -up license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: CLL- 234056v1 3 BR291 4 • Section 7. City Code Section 11 -501 paragraph 10 is amended as follows: Section 11 -501. DEFINITION OF TERMS. 10. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] Citv Manaeer'S desienee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained for a limited period of time under certain conditions. Section 8. City Code Section 11 -503 and paragraph 9 are amended as follows: Section 11 -503. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] City Manaeer's desienee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 9. Such other information as the [chief of police] Citv Manaeer's desienee shall require. Section 9. City Code Section 11 -506 paragraphs 2 and 7 are amended as follows: • Section 11 -506. LICENSE FEES. 2. A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accented. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the [application for a] license is [accepted] issued Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full [by December 15 preceding each license year] at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charee as set by city council resolution will be applied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. 7. An investigation shall be made of the application for an "on -sale club" license, however no fee shall be charged for the investigation. The club shall, however, notify the [chief of police] Citv Manaeer's designee within 30 days of any change of manager or officers of the club and submit a personal information form on the new individual(s). • CLL- 234056vi 4 BR291-4 I • Section 10. City Code Section 11 -507 is amended as follows: Section 11 -507. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee. and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] Qi�y Manager's 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 the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The [chief of police] City Manager's designee shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. Section 11. City Code Section 11 -510 paragraphs 14, 15 and 18 are amended as follows: Section 11 -510. CONDITIONS OF LICENSE. 14. Changes in the management, officers, or directors of the club shall be submitted to the [chief of police] Citv_ Manager's designee within 30 days after such changes are made. • 15. At the time of license ense renewal, the manager, officers, and directors of the club shall state the nature and amount of any contributions made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made, and the person or organization for whom intended. This shall be done for the individuals and the club itself.) 18. Every licensed premises which requires a passcard, password, or passkey or other indicia of membership as a condition of entrance thereto, shall provide the [chief of police] City Manager's designee with such indicia of membership to be used only for the purposes set forth in this ordinance. Section 12. City Code Section 11 -511 paragraph 2 is amended as follows: Section 11 -511. HOURS OF OPERATION. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and 1 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] Citv Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. • CLL- 234056v1 5 BR291 -4 • Section 13. City Code Section 11 -513 subdivisions 1 and 2 are amended as follows: Section 11 -513. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for an on- sale club license, the applicant shall file with the [chief of police] Citv Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective to the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 14. City Code Section 11 -601 paragraph 12 is amended as follows: Section 11 -601. DEFINITION OF TERMS. • 12. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] Citv Manager's designee, with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained for a limited period of time under certain conditions. f Section 15. City Code Section 11 -604 paragraphs 4, 5, and 14 are amended as follows: Section 11 -604. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] t� Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 4. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 [above] of this section. A managing partner, or partners shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the clerk of district court shall be attached to the application. • CLL- 234056v1 6 BR291-4 • 5. If the applicant is a corporation or other organization and is applying for an "on -sale wine" license, the following: d. The application shall contain a list of all persons, who, singly or together with their spouse, or a parent, brother, sister of child of either of them, own or control an interest in said corporation or association in excess of 5% [or who are officers or directors of said corporation or association] together with their addresses and all information as is required of a single applicant in Subsection 3 [above] of this section. 14. Such other information as the [chief of police] City Manager's designee shall require. Section 16. City Code Section 11 -605 is amended as follows: Section 11 -605. RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale wine" license, and in any event prior to the time that the application is considered by the city • council, the applicant shall file with the [chief of police] City Manager's desienee a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. Section 17. City Code Section 11 -607 paragraphs 2, 7 and 8 are amended as follows: Section 11 -607. LICENSE FEES. 2. A non - refundable investigation fee as set by city council resolution must be vaid in full before an application for a new license is accented. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the [application for a] license is [accepted] issued Renewal license applications shall be filed by November 1 vrecedinLy each license year. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be aDolied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. [7. At the time of each original application for a license, the applicant shall pay • in full an investigation fee, the amount of which is set by city council resolution.] CLL- 234056v1 7 BR291 -4 • 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee [as set forth in Subdivision 7 of this section]. The investigation fee shall accompany the application. Section 18. City Code Section 11 -608 is amended as follows: Section 11 -608. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] Citv Manager's designee and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] Ci_yt Manager's 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 the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The [chief of police] Citv Manager's designee shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. Section 19. City Code Section 11 -611 paragraph 14 is amended and paragraph 15 is deleted as follows: • Section 11 -611. CONDITIONS OF LICENSE. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws, or partnership agreement, as the case may be, shall be submitted to the [chief of police] Citv Manager's designee within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the [chief of police] City Manager's designee when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds 5 %, and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -604, Subdivision 3, of this ordinance. [ 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended.] Section 20. City Code Section 11 -614 subdivisions 1 and 2 are amended as follows: Section 11 -614. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on- sale intoxicating liquor license, the applicant shall file with the [chief of police] C� • Manager's designee proof of financial responsibility for liability which shall be subject to CLL- 234056vl g BR291 -4 • the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] Citv Manaeer's designee any of the following proofs: Section 21. City Code Section 11 -701 paragraph 11 is amended as follows: Section 11 -701. DEFINITION OF TERMS. 11. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] Citv Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained pursuant to Section 11 -702, paragraph 3[ili for a limited period of time under certain conditions. Section 22. City Code Section 11 -702 paragraphs 3d, e, g, and j are amended as follows: • Section 11 -702. LICENSE REQUIRED. 3. The following are the types of "on -sale liquor" licenses [which] that can be issued under this section: d. On -Sale Class D Liquor License: This is a probationary license for new applicants who have not established a ratio between food and liquor for the licensed premises. Twelve months of documentation of food and liquor sales shall be presented to the [chief of police] Citv Manager's designee on or before renewal time to determine the appropriate license class for the following year. If such documentation is not available, the probationary license shall be extended for no more than one additional year. Otherwise, a Class A, B, or C license will be assigned based on established ratio. e. On -Sale Class E Liquor License: This license is available only to hotels which serve food and liquor in a dining room to guests. Applicants for Class E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served with the liquor dispensed. The city council will determine whether such food and beverages are adequate to protect the public interests. Changes in menu may not be made without the prior approval of the [chief of police] Citv Manager's designee. Liquor may be dispensed for no more than two hours a day and shall not be dispensed before 4 p.m. or after 8 p.m. The licensee may not require the payment of consideration for liquor other than that • which is paid as its regular charges for rooms. The area designated as the dining room shall CLL- 234056vl 9 BR291- • be adequately separated from other common areas of the hotel by physical barriers to control ingress and egress and to ensure security and compliance with the provisions of this Code. Class E licensees may serve liquor on Sunday subject to the provisions of this Code without a separate Sunday on -sale liquor license. g. Sunday On -Sale Liquor License: Establishments to which "on -sale liquor" licenses have been issued may file an application with the [chief of police] Citv Manager's designee to serve intoxicating liquor during set hours on Sundays in conjunction with the sale of food. j. Special Provision; Expansion of Premises for Special Events: Special permission may be granted either by the City Council or in writing signed by [both] the [chief of police] Citv Manager's designee [and the director of planning and inspection] for a temporary expansion of the licensed premises for wedding receptions, parties, promotional activities or other special events. Special permits may be issued only for specified areas of the same lot, piece or parcel of land on which the premises lies or a contiguous lot, piece or parcel of land. Application shall be made to the [chief of police] City Manager's designee on a form provided by the City and all information requested by the [chief of police] C Manager's designee shall be submitted therewith. Section 23. City Code Section 11 -704 paragraph 14 is amended as follows: Section 11 -704. APPLICATIONS FOR LICENSE. Every application for a license to • sell intoxicating liquor shall be verified and filed with the [chief of police] Ci1y Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 14. Such other information as the [chief of police] City Manager's designee shall require. Section 24. City Code Section 11 -705 is amended as follows: Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale liquor" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the [chief of police] Citv Manager's designee a statement prepared by a certified public accountant that shows the total gross sales, the total food sales for consumption on the premises, and the total food sales of the restaurant for the twelve -month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. • CLL- 234056v1 1 BR291 -4 • Section 25. City Code Section 11 -707, paragraphs 2, 7 and 8 are amended as follows: 2. A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accented. The initial license fee shall be paid in full with cash, or certified or cashier's check., before the [application for a] license is [accepted] issued Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be annlied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. [Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant.] All "temporary on —sale liquor" licenses shall be good only for the dates, times, and location specifically named on the license itself. [7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable.] 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as • set by city council resolution [as set forth in subdivision 7 of this section]. The investigation fee shall accompany the application. Section 26. City Code Section 11 -708 is amended as follows: Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manaerer's designee and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manal;er's 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 the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The [chief of police] City Manager's desi shall cause to be made such investigation of the information requested in this ordinance as shall be necessary and shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. Section 27. City Code Section 11 -711 paragraphs 14 and 15 are amended as follows: Section 11 -711. CONDITIONS OF LICENSE. • CLL- 234056v1 11 BR291 • 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the case may be, shall be submitted to the [chief of police] Citv Manager's designee within 30 days after such changes are made. In the case of a corporation; the licensee shall notify the [chief of police] Citv Manager's designee when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds 5 %, and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -604, Subdivision 3, of this ordinance. [ 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended.] Section 28. City Code Section 11 -714 subdivisions 1 and 2 are amended as follows: Section 11 -714. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on- sale intoxicating liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall • be approved as to content, form, and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 29. City Code Section 23 -604 subdivisions 1 and 3 are amended as follows: Section 23 -604. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the [chief of police] Citv Manager's designee. The application must be in a form and request information of the applicant as determined by the [chief of police] City Manager's designee. Subdivision 3. Fees: A non - refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. [The application must be accompanied by the required license fee and the established fee for investigation.] The initial license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of • application for renewal. The annual license fee [, but not the investigation fee,] will be CLL- 234056v1 12 BR29111 • returned to the applicant if the application is rejected or denied. The investigation fee may be paid with a personal check. Section 30. City Code Section 23 -607 subdivision 1 is amended as follows: Section 23 -607. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed pawnbroker license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The [chief of police] Citv Manager's designee shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The [chief of police] Citv Manager's designee must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Section 31. City Code Section 23 -608 is amended as follows: Section 23 -608. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -625, the application for a new or renewed pawnbroker license. A license will not be effective unless the application fee and bond have been filed • with the [chief of police] Citv Manager's designee. Section 32. City Code Section 23 -655 subdivisions 1 and 3 are amended as follows: Section 23 -655. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the [chief of police] City Manager's designee. The application must be in a form and request information of the applicant as determined by the [chief of police] CLty Manager's designee. Subdivision 3. Fees: A non- reftindable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. [The application must be accompanied by the required license fee and the established fee for investigation.] The initial license fee shall be paid in full with cash. or certified or cashier's check. before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The annual license fee [, but not the investigation fee,] will be returned to the applicant if the application is rejected or denied. The investigation fee may be paid with a personal check. Section 33. City Code Section 23 -658 subdivision 1 is amended as follows: • CLL- 234056v1 13 BR291 -4 • Section 23 -658. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed secondhand goods dealer license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The [chief of police] Citv Manager's designee shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The [chief of police] Citv Manager's designee must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Section 34. City Code Section 23 -659 is amended as follows: Section 23 -659. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -673, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the [chief of police] Citv Manager's designee. Section 35. City Code Section 23 -1101 is amended as follows: • Section 23 -1101. PERMIT REQUIRED. N person a Q o p so shall engage m, participate m, aid, form or start any parade, unless a parade permit shall have been obtained from the [chief of police] Citv Manager's designee of the City of Brooklyn Center. Section 36. City Code Section 23 -1102 paragraphs A.12 and B are amended as follows: Section 23 -1102. APPLICATIONS. A person seeking issuance of a parade permit shall file an application with the [chief of police] Citv Manager's designee on forms provided by such officer within not less than twenty days nor more than sixty days before the date upon which it is proposed to conduct the parade. A.12. Any additional information which the [chief of police] Citv Manager's designee shall find reasonably necessary to a fair determination as to whether a permit should be issued. B. Late Applications. The [chief of police] Citv Manager's designee. where good cause is shown therefore, shall have authority to consider any application which is filed not less than ten days before the date such parade is proposed to be conducted. On applications by school officials, the [chief of police] City Manager's designee may grant a permit if the application is made three days prior to the date of such parade. • CLL- 234056v l 14 BR291.4 • Section 37. City Code Section 23 -1103 is amended as follows: Section 23 -1103. STANDARDS FOR ISSUANCE. The [chief of police] City Manager's designee shall issue a permit when, from a consideration of the application and such other information as is available to him, he finds as follows: Section 38. City Code Section 23 -1104 is amended as follows: Section 23 -1104. NOTICE OF REJECTION. The [chief of police] Citv Manager's designee shall act upon the application for a parade permit within three days after the filing thereof. If the [chief of police] Citv Manager's designee disapproves the application, he shall immediately mail to the applicant a notice of his actions stating the reasons for the denial of the permit. Section 39. City Code Section 23 -1106 is amended as follows: Section 23 -1106. ALTERNATIVE PERMIT. [chief of police] City Manager's designee. in denying an application for a private permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the [chief of police] City Manager's designee, file a written acceptance with the [chief of police] Citv Manager's designee. • Section 40. City Code Section 23 -1107 is amended as follows: Section 23 -1107. NOTICE OF OTHER OFFICIALS. Immediately upon the issuance of a parade permit, the [chief of police] Citv Manager's designee shall send a copy thereof to the City Manager, Fire Marshal, Public Works Director. Police Chief and to the director or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade. Section 41. City Code Section 23 -1108 paragraph F is amended as follows: Section 23 -1108. EACH PERMIT SHALL STATE THE FOLLOWING INFORMATION: F. Such other information as the [chief of police] Citv Manager's designee shall deem necessary. Section 42. City Code Section 23 -1109 paragraph C is amended as follows: • CLL- 234056v1 15 BR291-4 • Section 23 -1109. PUBLIC CONDUCT DURING PARADES. C. Parking on Parade Route._ The [chief of police] City Manager's designee shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles along the route of the parade in areas contiguous thereto. The [chief of police] City Manager's designee shall post signs to such effect, and it shall be unlawful for any person to park or leave any vehicle unattended in violation thereof. Section 43. City Code Section 23 -1110 is amended as follows: Section 23- 1110. REVOCATION. The [chief of police] Citv Manager's designee shall have the authority to revoke a parade permit issued hereunder, on notice, upon application of the standards for issuance as herein set forth. Section 44. City Code Section 23 -1111 is amended as follows: Section 23 -1111. PENALTY. The violation of the provisions of the Chapter or any lawful order of the [chief of police] Citv Manager's designee issued pursuant to the provisions hereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. • Section 45. City Code Section 23 -1220 is amended as follows: Section 23 -1220. RECORDS OF SALES. Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Manager, [chief of police] Citv Manager's designee, and such other agents as may be designated by the City Council. Section 46. City Code Section 23 -1604 is amended as follows: Section 23 -1604. LICENSE FEE, LICENSE INVESTIGATION AND LICENSE YEAR. The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. [The license fee and fee for the] A non- refundable investigation fee [of the license shall] must be paid in full [when] before the application [is filed] for a new license is accepted. The f annual licensel initial license fee shall be paid in full, with cash, or a certified or cashier's check. before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be Maid with a personal check. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for the investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license • shall be obtained each year for each place of business. The licensee shall display the license CLL- 234056v1 16 BR291.4 • on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. The fee for the investigation for issuance of a license must be [entered] tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 47. City Code Section 23 -1706 is amended as follows: Section 23 -1706. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR. The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. [The license fee and fee for the] A non - refundable investigation fee [of the license shall] must be paid in full [when] before the application for a new license is [filed] accepted. The initial license fee shall be paid in full. with cash. or a certified or cashier's check._ before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be paid with a personal check., . In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no • part of the annual license fee or fee for the investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must F also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and interested parties are proposing to be licensed. A license for the operation of a massage parlor is nontransferable. Section 48. City Code Section 23 -1804 is amended as follows: Section 23 -1804. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR. The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. [The license fee and fee for the] A non - refundable investigation fee [of the license shall] must be paid in full [when] before the application [is filed] for a new license is accepted. The initial license fee shall be paid in full, with cash, or a certified or cashier's check. before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be paid with a personal check. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no • part of the annual license fee or fee for the investigation for the issuance of a license shall be CLL- 234056vl 17 BR291 • returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 49. City Code Section 23 -2003 paragraphs 2 and 3 are amended as follows: Section 23 -2003. PERMITS AND EXEMPTIONS. 2. Review of Permit. The [chief of police or the Chiefs designee,] CL Manager's designee shall review the issuance of all police alarm permits. The [chief of police or the Chiefs designee,] Citv Manager's designee, in consultation with the Fire Chief, shall review the issuance of all fire alarm permits. 3. Process for Issuance of Permit. Upon receipt and determination of the fifth • false police alarm report or the second false fire alarm report at an address, the [chief of police or the Chiefs designee,] Citv Manager's designee, after review, shall then assess the alarm user for an alarm user's permit. The alarm user must submit the required permit fee to the [Police Chief] Citv Manager's designee within thirty (30) working days after receipt of the assessment invoice, in order to continue to use the user's alarm system. Section 50. City Code Section 23 -2004 paragraph 1 is amended as follows: Section 23 -2004. REQUIREMENTS AND DUTIES. 1. Letter of Contestation. After the [chief of police or the Chiefs designee,] City Manager's designee determines that a false alarm has occurred at an address, the alarm user at that address may submit a letter of contestation to the [chief of police] !L Manager's designee to explain the cause of the alarm activation. If the [chief of police] CL Manager's designee determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. Section 51. City Code Section 23 -2007 paragraph 1 is amended as follows: Section 23 -2007. REVOCATION AND SUSPENSION OF PERMIT. 1. Basis for Revocation or Suspension. In addition to the automatic revocation • process described in Section 23 -2003, the [chief of police] City Manager's designee may CLL- 234056v1 18 BR291 -4 I suspend or revoke any alarm user permit issued pursuant to this ordinance if the [chief of • police] Citv Manager's designee finds that any of the following occur: All alleged violations defined above shall be investigated by the Police Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to the [chief of police] Citv Manager's designee prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the [chief of police] City Manager's designee may appeal that decision to the City Council. Section 52. City Code Section 23 -2009 paragraph 1 is amended as follows: Section 23 -2009. CRIMINAL PENALTIES. 1. Any alarm user, who continues to use an alarm system after receiving notice of revocation or suspension by the [chief of police] Citv Manager's designee, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable 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. • Section 53. City Code Section 23 -2104 paragraphs A and B are amended as follows: Section 23 -2104. LICENSE FEE. A. The annual license fee for required licenses shall be as set forth by City Council resolution. The initial license fee shall be paid in full with cash, or a certified or cashier's check, before the license is issued.. Licenses shall be issued for an annual period from July 1 through June 30 for each year hereafter, provided, however, that the initial license fee for each applicant shall be prorated as of the date of the application therefore. Said application for license shall then be presented to the City Council for consideration, and if approved, the City Clerk shall issue the license to the applicant. B. At the time of application for an operators license the applicant shall pay in full an investigation fee as set forth by City Council resolution. If at any time an additional investigation is required because of a change of ownership or control of a corporation or partnership previously licensed, the licensee shall pay in full an additional investigation fee as set forth by City Council resolution. Investigation fees may be Maid in cash or with a personal check and are [shall not be refunded] non - refundable. Section 54. City Code Section 23 -2106 paragraph B is amended as follows: Section 23 -2106. INSPECTION. • CLL- 234056v] 19 BR291 -4 B. Each amusement device located in the City of Brooklyn Center shall be • inspected by the [chief of police] Citv Manager's designee prior to approval for licensing, and an inspection ion re ort shall be forwarded t P p o the City Manager. Upon notice by the operator to the [chief of police] Citv Manager's designee requesting an inspection and stating that one amusement device has been substituted for another under an existing license, pursuant to Section 23 -2108 hereof, said substituted amusement device may be operated unless license therefore has been denied by the City Council. An amusement device which is not being substituted for another pursuant to Section 23 -2108 hereof, shall not be operated until notice has been given by the operator to the [chief of police] Citv Manager's designee requesting an inspection, an inspection report has been forwarded to the City Manager, and a license issued. Refusal by an operator of the right of entry to the [chief of police] Citv Manager's designee during business hours for the purpose of a scheduled inspection, a requested inspection, or an inspection made upon probable cause, shall constitute grounds for revocation of all licenses for amusement devices held by the operator. Section 55. City Code Section 23 -2305 paragraphs a. and b. are amended as follows: Section 23 -2305. LICENSE FEE. a. The annual license fee is set by City Council resolution. • b. Each application for a license shall be submitted to the City Clerk and payment made to the City. The initial license fee shall be Laid in full with cash. or certified or cashier's check. before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. [Each application for a license shall be accompanied by payment in full of the required license fee.] Upon rejection of any application for a license, the applicant may be refunded a portion of the license fee in accordance with the fee resolution, except where rejection is for a willful misstatement in the license application. Section 56. City Code Section 23 -2306 paragraph a. is amended as follows: Section 23 -2306. INVESTIGATION FEE. a. At the time of the original application for a license, the applicant shall deposit the investigation fee set by City Council resolution. The investigation fee may be paid in cash or with a Dersonal check. The investigation fee is non - refundable. An investigation fee must be tendered with each new application for a license and must also be paid at anv time when there is a oroDosed change of ownership or reapplication for a license wherein additional or different Darties other than the original licensee and Darties are DIODosina to be licensed. • CLL- 234056vl 20 BR291 -4 • Section 57. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: Clerk Date of Publication: Effective Date: (Underline indicates new matter, brackets indicate matter to be deleted.) • CLL- 234056v1 21 BR291 -4 City Council Agenda Item No. 9g City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCaul y City Manager Date: July 10, 2003 Re: City Council Work Session Agenda Items There are several pending and new work session agenda items: 1. Council Member Niesen a. Public hearings b. Agenda process c. City Council Minutes d. Policy on semi - annual reports on lost property received & disposed i. Note: under ordinance that was adopted all lost property goes to the auction e. Broadcasting other city council meetings • 2. Northwest Regional Human Rights Commission a. Position on outreach to assist Department of Human Rights 3. Tree replacement and sod policies for street projects I would suggest scheduling a City Council work session immediately following the August 11 or July 28 regular City Council meetings. With the budget meetings that are scheduled and will be scheduled, having a work seesion following a regular City Council meeting would be expeditious. If there are other items that the Council would like on the agenda, please advise. 0 01 Shingle Creek Parkway Recreation and Communit y Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org City Council Agenda Item No. 9b 6T City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley �Ir� DATE: July 10, 2003 SUBJECT: Deer Complaints Mr. Boganey has made arrangements for a community meeting on July 30 at 6:30 p.m. in the Brooklyn Center Community Center, Cohen Community Room, to discuss the deer complaints that have been received. A representative from the Department of Natural Resources will be there to provide information on the deer population and options regarding those issues. • 9 01 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityof brooklyncenter.org City of Brooklyn Center A Millennium Community July 9 , 2003 Mr. Doug Reeder City Manager Brooklyn Park City Hall 5200 85th Avenue Brooklyn Park, MN 55443 RE: Deer Management Meeting Dear Mr.*sd�r: This letter is to inform you that the City of Brooklyn Center will be hosting a meeting July 30`" 2003 at 6:30 p.m. in the Brooklyn Center Community Center, Cohen Community Room to discuss deer management issues. Mr. Bryan K. Lueth, Minnesota Urban Wildlife Manager will be present to answer questions and provide information about ways the city and its' citizen can manage the deer population. I expect the meeting will help to establish a course of action regarding the deer population in Brooklyn Center. • Because the Cities of Brooklyn Center and Brooklyn Park share both a border and deer population, you are invited to attend and participate in this initial meeting. I do believe that it is important that Brooklyn Park be informed because it is possible that any actions taken by Brooklyn Center may affect Brooklyn Park residents in the future. If you have questions, do not hesitate to call. Sincerely, Curt Boganey, Assistant City Manager Cc: Michael McCauley, City Manager • Doug- Reeder July 9 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 Council Agenda Item No. 9i • Memorandum July 08, 2003 TO: Michael McCauley, City Manager From: Code Enforcement Team Subject: Code Enforcement Activities Current Status of Sweep: As of July 08, first inspections of residential homes are complete and second inspections are underway. Second inspections for some violations will continue into August due to extensions and compliance timelines. First inspections of apartment properties have begun and will be completed by July 15 at which time first inspections of commercial properties will begin. First inspections for all property types will be complete by the end of July. Number of Violation(s) by Tvne: Garbage Storage/Removal 87 Parts/Engines & Related Items 10 Accum/ of Rubbish/Brush/Debris 170 Accum. Of Junk/Furniture /Appli. 71 Illegal parking /Storage of Vehicles 90 • Unlicensed/Inoperable Vehicles 96 Yard Maintenance (Seed & sod) 1 Proper Addressing 23 Miscellaneous (14 Days) 4 Fences 33 Accessory Buildings 125 Windows /Doors /Screens 18 Stairs/Porches/Decks 17 Driving /Parking Area Repairs 24 Foundations /Ext Walls/Roofs 126 Miscellaneous (30 Days) 2 Total Number of Violations: 900 Breakdown of letters sent: First Letters: 740 Second Letters 138 Compliance /Thanks You 466 Citation/Formal Complaints 1 • • Staffing: The re- organization of the police department has resulted in a geographic split of duties for the code enforcement team. Lt. Lund and NLO Koncar are responsible west of Shingle Creek and Lt. Benner and NLO Boie east of Shingle Creek. The NLOs have contributed approximately 640 hours towards summer inspections since May 1St Successes 7243 Morgan: Issued formal complaint, now working on re- siding house. 627 58 t ": In need of painting house /garage — painters hired. 5700 Camden Ave: Bricks on side of house for over 1 year — compliance 5650 Dupont: Parking issues (compliance) 7213 Emerson: Compliance 5422 Humboldt: Has been problem for many years— working diligently to clean up 5531 Northport: Compliance with driveway paving 5346 Emerson: Will be painted through Marshall Field's community service program. 5633 Humboldt: Will be painted through Marshall Field's community service program. Extension/Work in Progress: 5532 Logan: Driveway 6007 Emerson: Steps 5315 Camden: Screen area 5327 Colfax: Siding 5509 Girard: Painting house • 6001 Halifax Ph Painting /soffits /fascia/steps. Homeowner given August 15 deadline for major repairs. 6600 Unity: Fence /shed /soffits /fascias 4821 Twin Lake Ave: Driveway 5655 BB: Numerous violations. Homeowner recently died and we're working with son to clean property. 5649 BB: Numerous violations, still time remaining in compliance timeline. 7208 Dallas Rd: Numerous violations, still time remaining in compliance timeline. 2920 Zenith: Property abandoned last fall. Attempting to work with mortgage company in Florida regarding maintenance. 5237 Ewing: Numerous violations, progress being made. 4746 Lakeview: Leonard Martin is making progress is fixing his home. 5025 Ewing: Working with owner to clean up accumulated garbage in yard. Elderly homeowner chooses not to have garbage service. 4100 Lakeside: Numerous violations. Working with homeowner to clean property. Tickets/Knock & Talks: 6031 Halifax: Formal complaint submitted. Houses on track for citations /complaint with three or more violations: 5600 Irving Ave N 5603 James Ave N • 6900 Oliver Ave N City Council Agenda Item No. 9j 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: July 3, 2003 Re: Dog Ordinance Options Attached are materials from Charlie LeFevere regarding possible options regarding the regulation of dogs for City Council discussion and direction as to whether you would like draft ordinance language prepared for further discussion. • 9 01 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 Michael McCauley - Dogs Page 1 From: "LeFevere, Charlie L." <clefevere@ Ken nedy-G raven. com > • To: "Mike Mccauley (E- mail)" <mmccauley @ci.brooklyn - center.mn.us> Date: 6/25/03 3:06PM Subject: Dogs Mike, Attached is a memo by Kari Valley -Zipko of my office relating to the regulation of dogs. As outlined in the memorandum, there are a number of ways in which the City can make its regulations relating to the keeping of dogs more restrictive. She concludes that it may be possible to prohibit an individual from keeping dogs in the City if there are sufficient standards for such a prohibition and the person involved is given adequate procedural safeguards. I have asked Kari to see whether she can find examples of ordinances from other cities containing such regulations. The kinds of restrictions that the City might wish to make more strict relate to: 1) Restrictions on security measures and other conditions of keeping dogs; 2) Misdemeanor penalties for more kinds of incidents of dog problems; 3) Specifying additional procedures and standards for impounding of dogs; and 4. Specifying additional procedures and standards for destruction of dogs. Perhaps after you have had a chance to review the memorandum, it would be helpful for us to meet with City staff to determine the specific kinds of ordinance restrictions that we should prepare for City Council consideration. • <<#232404 v1 - Memo to CLL re dog violations.doc>> Charlie CC: "Tietjen, Mary D." < mtietjen @Ken nedy-G raven. com > • Michael McCauley - #23 v1 - M emo to CLL re dog violation Page 1 MEMORANDUM TO: Mary Tietjen FROM: Kari Valley Zipko DATE: June 10, 2003 RE: Repeat Dog Violations City of Brooklyn Center The City of Brooklyn Center has asked us to review City Ordinances and State law to determine: 1) whether the City has the option to prohibit the keeping of dogs in the case of repeat violations; and 2) whether repeat or dangerous dog violations trigger the City's ability to require additional fencing or other "control measures." The following outlines the current city ordinances related to the keeping of dogs, relevant Minnesota statutes, current City of Saint Paul ordinances, and what options the City of Brooklyn Center may pursue to more stringently regulate the keeping of dogs in the City. I. Citv Ordinances Chapter 1 of the Brooklyn Center City Code governs animals ( "dogs and cats "). Several sections in Chapter 1 may be applicable to the issues raised by the City. However, the Code does not impose significant restrictions on dog owners who repeatedly violate the City's ordinances. I . Section 1 -110 of the City Code prohibits the keeping of animals that constitutes a nuisance: It shall be unlawful for any person to keen an animal ... in a manner which ... constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety. health, morals, comfort, or repose of any person_ or property. 2. Section 1 -111 provides that "[i]t shall be unlawful for any owner to allow its animal to run at large." 3. Section 1 -115 allows a dangerous dog to be killed under certain circumstances: KVZ- 232404 BR291 -4 1 I Michael McCauley - #2324 v1 - Memo to CLL re dog violations.doc Page k If an animal is ... dangerous ... and cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person ... or if the animal has made more than one attack on a person, such animal may be immediately killed by or under the direction of a police officer. 4. Section 1 -116 regulates the treatment of animals during impounding. Animals not suspected of carrying disease and that have not bitten any person or been bitten by any rabid animal are kept in the pound for five days. Animals suspected of having a disease that is capable of being transmitted to persons must be kept in the pound at least 10 days. 5. Section 1 -118 provides that the City may dispose of or sell any animal not reclaimed by its owner at the end of the impoundment period. 6. Section 1 -300 provides that any violation of the provisions of the Animal Ordinances of the City of Brooklyn Center shall be considered a misdemeanor. Any person convicted of this misdemeanor violation will be subject to a fine of not more than $1,000 or to imprisonment of not more than 90 days. 7. Section 18 -102 authorizes Code Enforcement Officers for the City to issue citations for violations of the animal ordinance and nuisance ordinance. 8. Section 19 -104 limits the number of animals that may be kept in a single location within the City. No more than two dogs older than six months may be kept in a household without first obtaining a private kennel license from the City. Also, no more than three cats over six months of age or five animals in excess of six months of age may be kept in a location at any given time, as well as Any combination of animals and /or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. Thus, under the & 19 -104. the keeping of more than two dogs, more than three cats or more than 5 dogs and cats altogether, appears to be a per se public nuisance in absence of a permit. Additionally, Section 1 -109 further extends this prohibition to family dwelling units and family premises. It appears that only those issued a private kennel license prior to April 23, 2001, may seek a renewal of their private kennel license allowing them to exceed the above limitations in a family dwelling unit. 8. Section 19 -105 allows the health officer of the City to order the owner or occupant of premises where a nuisance is found to exist to remove the nuisance within a specified period, not to exceed 10 days. The owner or occupant is responsible for the expenses related to the removal of the nuisance. BR291 2404 BR291 -4 2 I Mich McC auley - #232404 v1 - Memo to CLL re dog violations.doc Page 3 II. State Statutes Minnesota Statutes also address the keeping of domesticated animals and local authority to regulate the keeping of those animals. 1. Minn. Stat. & 347.04 provides that, "any dog that habitually worries, chases or molests teams or persons traveling peaceably ... is a public nuisance." If a judge receives a written complaint concerning such a dog, the judge may issue a summons requiring the dog's owner, if one is known, to appear before the court to answer the complaint. 2. Minn. Stat. & 347.02 provides that any person who keeps or harbors a dog that has bitten "any domestic animal" and who has notice of the fact must pay a fine of $5 per day for each day, after receipt of the notice, that the person keeps, harbors or permits the dog to remain on the person's premises. 3. Minn. Stat. & 347.08 authorizes the board of county commissioners to adopt ordinances establishing a system of licensing and regulating the running at large of dogs, except in cities of the first class. However, to be effective, the county must authorize such a system. It does not appear that the County of Hennepin has authorized such a system. 4. Minn. Stat. t 347.50. provides some definitions regarding the classification of dogs. Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has: 1. without provocation, inflicted substantial bodily harm on a human being on public or private property; 2. killed a domestic animal without provocation while off the owner's property; or 3. been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 3. Potentially dangerous dog. "Potentially dangerous dog" means any dog that: 1. when unprovoked, inflicts bites on a human or domestic animal on public or private property; 2. when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an KVZ- 232404 BR291 -4 3 f Michael NlcCaule #232404 v -M emo to CLL re do violation I .. Y g s.doc Page 4 j apparent attitude of attack; or 3. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 5. Minn. Stat. & 347.53 provides that nothins in §§ 347.50 to 347.54 "limits any restrictions the local jurisdictions may place on owners of potentially dangerous dogs." Thus, the statute expressly permits local jurisdictions to implement regulations for potentially dangerous dogs. 6. Minn. Stat. � 347.51 governs the registration of dangerous dogs in the state. The statute requires that a dangerous dog be registered with an animal control authority. Registration is available for dangerous dogs if the owner presents sufficient evidence that: 1) the dog is enclosed in a proper enclosure and the owner has posted warnings that a dangerous dog is on the property; 2) the owner has obtained insurance in the amount of at least $50,000 in case the dog inflicts injuries on any person; 3) the owner pays an annual fee of no more than $500, in addition to regular dog licensing fees; and 4) the owner has the dog outfitted with a microchip to identify the dog electronically. Beginning six months after a dog is declared a dangerous animal, the owner may request annually that the animal control authority review the designation. The owner must present evidence that the dog's behavior has changed. This evidence may include changes due to age, neutering, environment, obedience training or other factors. The only limitation on a local government's authority to regulate dangerous or potentially dangerous dogs is that the regulating ordinance cannot be breed specific. 7. Minn. Stat. � 347.515 requires that an owner of a dangerous dog or a potentially dangerous dog must have the dog implanted with an identifying microchip. 8. Minn. Stat. � 347.52 outlines the requirements for owners of dangerous dogs. While on the owner's property, the dangerous dog must be in a proper enclosure. If the dog is outside such an enclosure, the dog must be muzzled and restrained by a chain or leash "under the physical restraint of a responsible person." The muzzle must be of the type that will prevent the dog from biting but also will not impair the dog's vision or respiration. The statute further provides that the owner of the dangerous dog must renew the dog's registration annually. If the owner changes jurisdictions, the statute requires that the owner register the dog as a dangerous dog in the new jurisdiction. If the dog dies or is transferred, the owner must notify the animal control authority in writing of the death or transfer. The animal control authority may request that the owner execute an affidavit q under oath explaining the circumstances of the death or explaining to whom the dog had been transferred. KVZ- 232404 BR291 -4 4 L . Michael McCaul - #232404 v1 - Memo to CLL re dog violations.do Page 5 I Additionally, the animal control authority may require that a dangerous dog be sterilized at the owner's expense. Also, the owner of a dangerous dog that rents property from another must disclose to the property owner prior to entering a lease agreement that the owner owns a dangerous dog that will reside at the property. Finally, a person who sells a dangerous dog must notify the purchaser that the animal control authority has identified the dog as dangerous. The seller must notify the animal control authority of the new owner's name, address and phone number. 9. Minn. Stat. & 347.08 authorizes county boards of commissioners to establish a system of licensing and regulating the running at large of dogs, except in cities of the first class. 10. Minn. Stat. & 347.56 authorizes the animal control authority to destroy a dog that inflicted substantial or great bodily harm on a human being on public or private property without provocation. The dog may not be destroyed prior to the animal control authority holding a hearing that grants the dog owner an opportunity to be heard. III. Saint Paul Example The City of Saint Paul has also recently addressed the issue of repeated occurrences of the same dog on the loose. Saint Paul adopted a new ordinance on June 3, 2003, that allows the City to declare a dog a nuisance and keep the dog if the dog is impounded for running away four times in one year. The ordinance allows owners to appeal to a hearing officer if they want to fight the action. Additionally, Saint Paul has increased fines that may be applied to owners of dogs caught running loose. The fines are increased for dogs that are not licensed or spayed or neutered. For example, the first time fee for a dog owner whose dog is impounded by the city and whose dog is not licensed or sterilized is $244 plus $14 per day for each additional day the dog is in the pound. Further, current Saint Paul Ordinances already provide for treating dogs running at large as public nuisances. § 200.05 provides that an owner must keep a dog restrained by a leash when not effectively contained in a fenced area. The ordinance further provides that invisible underground fences are not an acceptable replacement for a chain or traditional fence. The Saint Paul City Code specifies actions required by owners of potentially dangerous and dangerous dogs that exceed those requirements outlined in Minnesota Statutes. For example, the City of Saint Paul provides that the owner of a potentially dangerous dog may be required to complete an approved dog obedience class and to keep the dog muzzled. Further, although state statutes explicitly require that dogs identified as potentially dangerous must be microchipped, the City of Saint Paul reiterates this requirement in the City Code. The City of Saint Paul expands this requirement, however, in requiring that a licensed veterinarian implant the microchip and that the microchip KVZ- 232404 BR291 -4 5 Michael M cCauley - #232404 v1 - Memo to CLL re dog viola tions.doc Page 6 identify the dog's owner when scanned. See Saint Paul Code § 200.16. Minnesota Statutes section 347.515 allows the microchip to be implanted by the dog's owner, and only requires that the dog be identified through a scan of the microchip. Additionally, with respect to dangerous animals, Saint Paul provides that the city can order the destruction of a dangerous animal upon finding that the animal is dangerous. If the city does not order the destruction of the animal, the city requires similar actions as those required under Minnesota Statutes. However, Saint Paul also requires that an owner of a dangerous dog show proof annually of public liability insurance in the minimum amount of $300,000. If an owner of a dangerous dog does not meet all the requirements outlined under the statute, the City may confiscate the dog. IV. Citv of Brooklvn Center The City of Brooklyn Center currently does not have in place ordinances that provide for procedures to be followed if a dog owner is found to have violated the City's ordinances on a repeat basis. The City may wish to adopt more stringent and explicit dog laws to enable the City to more actively enforce the City Code against repeat violators. Minnesota Statutes section 412.221 specifically provides that a statutory city, "shall have power by ordinance to regulate the keeping of animals, to restrain their running at large, to authorize their impounding and sale or summary destruction, and to establish pounds...." (2003). In the present case, however, the City of Brooklyn Center is a Home Rule Charter City. In general, charter cities may exercise all those powers granted by the Charter that do no conflict with state law. The "all powers" provision generally included in a city's charter is included in Section 1.02 of the City of Brooklyn Center's Charter: The City shall have all powers which it may now or hereafter be possible for a municipal corporation in this State to exercise in harmony with the constitutions of this State and of the United States. It is the intention of this charter that every power which the people of the City might lawfully confer upon themselves as a municipal corporation, by specific enumeration in this charter, shall be deemed to have been so conferred by the provisions of this section. This charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. Pursuant to the authority granted by § 1.02 of the City's Charter, the City may adopt an ordinance regulating the keeping of dogs and adopting procedures and penalties to be applied to those dog owners who are repeat violators. The City may wish to adopt procedures similar to those recently adopted by the City of Saint Paul. These may include impounding a dog if the same dog gets loose four or more times in one year, imposing KVZ- 232404 BR291 -4 6 I Michael McCauley - #232404 v1 - M emo to CLL r e dog violations.doc Page 7� increasingly punitive monetary penalties for the same dog running at large, and imposing restrictions on the manner in which a dog is kept. At present, the dog laws of the City of Brooklyn Center neither provide for the removal of a dog found to be running at large on a repeated basis nor impose any other remedial action for such violations. Although § 1 -111 of the City Code declares that it is unlawful for a dog to run at large, nothing in the existing City Code declares that it is a public nuisance to allow a dog to run at large. The only penalty provision is that violation of the animal ordinance may be prosecuted as a misdemeanor subject to a $1,000 fine, or 90 days in prison, or both. See Brooklyn Center Code § 1 -300. Municipalities have no inherent powers and possess only such powers as are expressly conferred by statute or necessarily implied therefrom. See Northern States Power Co. v. Citv of Oakdale. 588 N.W.2d 534, 538 (Minn. Ct. App. 1999). With respect to potentially dangerous dogs, the City is expressly granted authority to promulgate local ordinances regulating potentially dangerous dogs. See Minn. Stat. § 347.53 (2003). Such express authority is not granted regarding the treatment of dogs repeatedly found running at large, dogs that satisfy the definition of dangerous dog, and other nuisance- related situations regarding dogs in the City. However, such ordinances may be adopted pursuant to the City's police power to regulate to protect the public health, safety and welfare. The City may adopt requirements for dog owners requiring the keeping of the dogs and procedures for removing dogs from owners that violate the City Code. However, "dogs are personal property." See Corn v. Sheppard, 229 N.W. 869, 870 (Minn. 1930). Thus, contemporaneous with taking action to remove a dog from an owner that has allowed repeated violations to occur, the City should provide the owner some process through which the owner may voice his concerns and, perhaps, through which the owner may remedy the violations. The Saint Paul ordinance specifically requires that a dog be restrained by a leash when not effectively contained in a fenced area. See Saint Paul Code § 200.05. The Saint Paul ordinance does not require that a dog owner whose dog has repeatedly been found running at large must construct a fence to restrain the dog, although the Saint Paul ordinance does authorize the animal to be confiscated. Although it appears to be consistent with the public purposes of protecting the public from dogs running at large to require a dog owner whose dog has repeatedly been found running at large to construct a fence to restrain the dog, such a requirement may prove impossible for some dog owners due to the large costs associated with constructing a fence. Rather than imposing such an expansive remedy outright, the City may seek to require the application of some method of restraint for the dog that the dog has not been found to have outsmarted in the past. For example, the City may require that an owner implement new means of restraint for its dog. This restraint may be either a tie -out stake of sufficient strength that a dog of the size at issue cannot free himself from the stake. Alternatively, the restraint may be that the dog cannot be outside of the owner's home if KVZ- 232404 BR291 -4 7 Michael McCaul - #232 404 v1 - Memo to CLL re dog viola tions.doc Page 8: I not on a leash controlled by a person of adequate size and responsibility to restrain the dog. Or, as proposed by the City, the restraint may be that the owner erects a fence of sufficient height and strength of material that the dog cannot free himself from the yard. Consideration may be given to the number of times that the dog has been found to be running at large, whether the dog is classified as a potentially dangerous or dangerous animal, and whether the owner has exhibited a willingness to comply with the City's dog laws. If the dog owner fails to restrain his dog or implement the restraint methods imposed by the City, the City may confiscate the dog pursuant to a new ordinance. However, no action should be taken without first amending the City's dog ordinances to outline the new requirements and associated penalties. Additionally, if the dog owner at issue exceeds the City's maximum allowable number of offenses, the City may adopt an ordinance authorizing the local animal control authority to confiscate the dog as a public nuisance. The City should establish procedures for the owner to appeal these decisions to a hearing officer. A post- deprivation hearing should satisfy due process requirements regarding the confiscation of the dog at issue. However, if the City adopts an ordinance authorizing the destruction of the dog at issue, the City must provide an appeal procedure prior to any action being taken. Finally, the City has also questioned whether it can prohibit a dog owner with repeat violations from keeping any dog. The City may impose such limits, but should adopt procedures prior to taking such action. A dog owner may argue that he should not be deprived of keeping any dog when the problem is isolated to one particular dog. This is especially true if the dog owner has kept other animals and has not experienced the same violations with those other animals. The city ordinance must bear a rational relationship to the action taken. Thus, the procedures adopted must be sufficient to address these concerns. Several cases support the notion that a City may adopt ordinances regulating the keeping of dogs within the City. In Hannan v. Citv of Minneapolis, 623 N.W.2d 281 (Minn. Ct. App. 281), the dog owner sought review of the City of Minneapolis Animal Control Division's ( "Animal Control ") decision to euthanize the owner's dog. Animal Control issued an order for the destruction of the dog based on the dog's aggressive behavior, including four unprovoked bites and a near bite in a three -year time period. Id. at 282. Further, the owner failed to keep the dog enclosed and did not muzzle the dog. Id. Animal Control concluded that the dog represented a danger to public safety. Id. The issue addressed by the court was whether state statutes precluded the actions , of the City of Minneapolis in regulating and ordering the destruction of a dangerous animal. Id. at 283. The Hannan court cited four principles for determining whether an ordinance conflicts with state law: 1. Conflict occurs when `the ordinance and the statute contain express or implied terms that are irreconcilable;' 2. An ordinance conflicts with state law if it `permits what the statute forbids;' KVZ- 232404 BR291 -4 8 Michael McCauley - #232404 v1 - Memo to CLL re dog violations.doc page 9 , 1 3. There is conflict if the ordinance `forbids what the statute expressly permits;' and 4. `No conflict exists where the ordinance, though different, is merely additional and complementary to or in aid and furtherance of the statute.' Id. at 284 (citing Mangold Midwest Co. v. Villaee of Richfield. 274 Minn. 347, 352, 143 N.W.2d 813, 816 -17 (1966). The court found that the local ordinance was merely additional and complementary to the state statute that provided for destruction of the dog when the owner has failed to comply with the requirements of maintaining a dangerous dog. Id. The court noted that state law expressly provides for local regulation. Id. at 285. The legislature has given municipalities full authority to regulate dangerous k dogs. Id. Further, "the regulation and control of dangerous dogs is a wholly legitimate f issue for municipal interest because it primarily affects the local populace." Id. The f only limitation on the regulation of dangerous dogs is that the regulations cannot be breed specific. Id. (citing Minn. Stat. §347.51, subd. 8). Additionally, in Holt v. City of Sauk Rapids, at issue was whether the City's ordinance limiting the number of dogs per residential unit was constitutional. See 559 f N.W.2d 444 (Minn. Ct. App. 1997). The court noted that a municipal ordinance is presumed constitutional. Id. at 445. "[T]he burden rests on the party attacking an ordinance's validity to prove it is unreasonable or that the requisite public interest is not involved, and consequently that the ordinance does not come within the police power of . the city." Id. (citing City of St. Paul v. Dalsin. 245 Minn. 325, 329, 71 N.W.2d 855, 858 (1955)). Further, to prove that an ordinance is unreasonable, the party complaining must demonstrate that the ordinance "`has no substantial relationship to the public health, safety, morals or general welfare. "' Id. (citing State v. Hyland. 431 N.W.2d 868, 872 (Minn. Ct. App. 1988)). All that is necessary is a rational relationship between the ordinance and the general well -being of the city and its citizens. Id. The Holt court found that the dog owners failed to meet the burden the proof necessary to defeat the ordinance. Id. at 447. Although state statutes address many of the same issues intended to be addressed by the City, the City may choose to adopt dog ordinances that are more restrictive than the existing state statutes governing the same. The City may adopt more stringent dog laws so long as those laws do not conflict with state law. That is, the City's new ordinance(s) may not permit what the state statute expressly forbids or forbid what the state statute expressly permits. See Hannan at 284. The new ordinance must be "merely additional and complimentary to" or "in aid and furtherance" of the existing state statute. Id. Based on the above statutes and caselaw, the City of Brooklyn Center may implement more stringent animal control measures for dog owners than exist under the City's current ordinances. However, the City should amend its ordinances prior to imposing significant new restrictions and penalties on dog owners. KVZ- 232404 BR291 -4 9 Micha McCau - #23240 v1 - Memo to CLL re d og violations.doc Page 10J Because a city ordinance need only bear a rational relationship to the protection of the health, safety and welfare of its residents, the City may require that a dog owner to construct a fence to restrain a dog repeatedly found to be running at large. Following the action taken by Saint Paul, the City may choose to implement increasingly punitive monetary fines for repeat violations by the same dog and owner regarding the dog running at large. If the dog at issue is a potentially dangerous dog, a dangerous dog, unlicensed and /or unaltered, the dog owner may be subject to additional fines if so provided by ordinance. If the City adopts an ordinance that prohibits a particular dog owner from owning any dog, the procedures adopted in the ordinance must be sufficient to demonstrate that the ordinance bears a rational relationship to the protection of the public health, safety and welfare. The City may adopt an ordinance merely "additional and complementary to" the state statute and that is in furtherance of the protection of the public safety. KVZ- 232404 BR291 -4 10