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HomeMy WebLinkAbout2003 07-28 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION July 28, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Presentation on potential senior housing at Best Western Hotel site 3. Miscellaneous 4. Adjourn 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 23, 2003 Re: Conversion of Best Western to senior housing A developer will make a short presentation to the City Council regarding his concept for converting the Best Western Hotel into senior housing at the Study Session. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Fall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org 1 1 1 1 S in ro"oKlInn Center Ilk ��� ��r�rw►ti�►nrs. � 1""�` - NiayYr�i�r.�f� lytlli�i�Ulwi1�R1l01� w : rrrr . ,�� _.."`• � ,�.,���� ��� t war.Y�►�wf -� � — �r�11lGI atrrw ��i�rl e'� w, � 0A AO A' . fit' kx got jot Iwo ,. r . •a _ — _...�►..._ °- ,mom- __ � -� �i�.) , j a !Ma V W , s B GECREE 0 0 �n om oz �rn z n 70 m m IT1 zQ 70 S O C Z G1 y f tr mffl� , a • •�.�vrtsULDT AVEIVVE Nno-r.. D O n D m FREEWAY BOULEVARD PROPOSED WATER ELEMENT t _ PROPOSED DECORATIVE — --.a D DECORATIVE PROPOSE 1 FENCE WITH MASONRY PIERS` ° � FENCE WITH MASONRY PIERS 1 4 (9 1 = _ cc O ui Z 248 STALLS PROVIDED i \ w •. J i 1 m W - 1 � PROPOSED LANDSCAPING G y �OA11 tj co 1 i © �� • ,� � 0 20 40 80 1 ' BROOKLYN CENTER SENIOR HOUSING PE A S S 0 C I A T E S 1 BROOKLYN CENTER, MN 1 June 8, 2009 THE BUSINESS. JOURNAL I twincities.bizjournals.com. 5 • ' ve ti i n 'St. Pa . ul . N Developer of California.'s i nvesti ng REAL ESINITE talk'and no o but these obviously have RAW, 1 ?' BY SAM BLACK - g , guys Y STAFF REPORTER c and are serious about followin g P . .,. - , •�' �a";�a� ; , +y�'� ,�ti A California -based developer is entering the Foundation, which spends about $5 million through, Fuller said. ; , ; i`bG ''a._ „�� ; .,,, +, , ;,,.;,•, St, Paul real estate market with two new proj- annually on educational exchanges, between Bridgecreek hasn't submitted formal plans or ` ,;; ��' aw^ l • ti 1 , ` ects and more on the way. the U.S. and Vietnam, talked in detail with the city about conversion �tiSlh , „� + itlTe v Huntington Beach, Calif.- based,.Bridgecreek Martha Fuller, director of St. Paul's plans for the Minnesota Building, she said. Development Corp., owned by Frank Jao, Department of Planning and Economic Such a switch in uses would fit well with.the�r 1 aeiiiFti s a ” "'at; j >> recently: Development, said she anMayor city's g d St. Paul Moal.to land,new,housing in downtown. �sv ' 4 ", ■ Bought a 120,000- Rand Building, Randy Kell Y t the Minnesota Buildin have each met with Jao a few times. "The more of that Class B and - C office spaceil� taw a;`;,:,; square-foot office building in Y ver Were obviousl excited that we have we can get off the market, the better off we Q downtown St. Paul. The build- new developers at the table that seem to be are; Fuller said. N a.:,,v +' ,.,,.:, ,ti„ :,..,,,.•,,. , ,•.,:.< , + „.,'.:;,.:,;, „ ......:...:.:.: ing .was sold for between $5 genuinely interested in St. Paul,” Fuller said. Although Bridgecreek is studying an .even - The .building is. 70 . percent occupied and million and $10 million by St. The city contributed about $2.2 million in tax trial conversion of the Minnesota Building generates positive cash flow, -Vang said, "Why Paul businessman John Rupp. increment financing for the 160 -unit apart- into housing, it also plans to begin upgrading break something that.is working ?” he said. The new owners are studying merit complex for independent seniors, the elevators and trying to attract new tenants. whether the building can be "Sometimes developers come in and are all It is honoring existing leases as well. #ck ftaumals;com (812) 288 2103 converted to condominiums. ■ Finalized an agreement Jao with the city to develop a new $20 million senior living com- plex near the Lafayette Bridge in Lowertown. Tao will be in town Monday to help break ground on the senior housing project and look at a half -dozen other potential redevelopment opportunities in the Win Cities, including one that may involve an Asian theme, said Cha Vang, vice president of Bridgecreek; who heads the company's St. Paul office: Vang said Bridgecreek took a look at the Minnesota market after he and Jao met .on a trade mission to China two years ago. Vang, who was working at the time for the. St. Paul Area Chamber of Commerce, said Jao came to St. Paul, liked what he saw and decid- ed to. start investing here. Jao 'fled war -torn Vietnam and came to America in 1975, He's probably best -known for developing Little Saigon, a large Asian commercial district in Orange County, Calif. He has been ranked several times as one of the 50 most influential business people in . Orange County by the Orange County Business Journal, which has no affiliation with-The Business Journal in Minneapolis -St, Paul, In February, President George Bush named Jao to the board of the Vietnam Education Public Copy CITY COUNCIL MEETING City of Brooklyn Center July 28, 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. 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. July 14, 2003 - Executive Session 2. July 14, 2003 - Study Session 3. July 14, 2003 - Regular Session b. Licenses C. Approval of Application from St. Alphonsus Church to Conduct a Raffle on September 20, 2003 • • CITY COUNCIL AGENDA -2- July 28, 2003 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Approval of Contract Between the City of Brooklyn Center, School District No. 279, and Hennepin County for the Use of Brooklyn Center's County -owned Election Equipment by the School District 8. Public Hearings a. An Ordinance Amending Sections 34 -110 and 34 -140 of the Brooklyn Center Code of Ordinances Relating to Sign Regulations -This item was first read on June 23, 2003, published in the official newspaper on July 3, 2003, and is offered this evening for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. Consideration of Application for a Currency Exchange License Submitted by Fast • Cash Check Cashing LLC to Operate a Currency Exchange Business at 6050 Shingle Creek Parkway, Suite 6078, Brooklyn Center, Minnesota - Resolution to Deny Issuance of a Currency Exchange License to Fast Cash Check Cashing LLC to Operate a Currency Exchange Business at 6060 Shingle Creek Parkway, Suite 6078, Brooklyn Center, Minnesota - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 9. Planning Commission Item a. Planning Commission Application No. 2003 -010 Submitted by David Lutz (SPM Construction Company). Request for Preliminary Plat Approval to Divide and Combine Five Tracts of Land and Surplus Right -of -Way into Two Parcels at the Southeast Corner of Shingle Creek Parkway and 69 Avenue North. The Planning Commission recommended approval of this application at its July 17, 2003, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -010 subject to the Planning Commission recommendations. • • CITY COUNCIL AGENDA -3- July 28, 2003 10. Council Consideration Items a. Discussion Regarding Taxicab Licensing from Request of Tim Crandall -Requested Council Action: - Council direction. b. An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center -Requested Council Action: - Motion to open for public input. - Motion to approve first reading and set second reading and public hearing on August 25, 2003. C. 2:00 a.m. Bar Closing -Requested Council Action: - Council direction. d. City of Brooklyn Center v. Brendan J. McCarthy, et al Stipulation - Requested Council Action: • - Motion to approve stipulation. e. Resolution Authorizing the Execution of Agreement Between the Minnesota Department of Public Safety and the City of Brooklyn Center -Requested Council Action: - Motion to adopt resolution. f. Potential Development Along Highway 252 and 69 Avenue -Requested Council Action: - Motion to approve letter to the Minnesota Department of Transportation requesting purchase of access right -of -way along Highway 252 and 69 Avenue. 11. Adjournment • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION JULY 14, 2003 ALL AMERICA CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Executive 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: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. The Council discussed a personnel matter relating to City Council Agenda Item 7k, Resolution Approving Agreement on Employment Matter. • ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Executive Session at 6:10 p.m. City Clerk Mayor • 7/14/03 _1_ 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 JULY 14, 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 6:10 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. CONVENE FOR CLOSED EXECUTIVE SESSION IN ALL AMERICA ROOM TO • DISCUSS PERSONNEL MATTER This matter started at 6:00 p.m. and there was no need to close the Study Session. RECONVENE IN COUNCIL /COMMISSION CONFERENCE ROOM No need to reconvene; the Study Session was called to order at 6:10 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed Consideration Items 9f, An Ordinance Amending Chapters 11 and 23 of the Brooklyn Center Code of Ordinances, Relating to Liquor Licensing and General Licensing Regulations; 9i, Report on Code Enforcement; 9j, Report on Dog Ordinance Options; 9c, Setting Date for Sale of Refunding Bonds; and 7b, Licenses. Councilmember Lasman questioned if the apartment and commercial properties are being treated the same as residential properties during the code enforcement sweeps. City Manager Michael McCauley informed that the code enforcement sweep consists of all properties including apartments, commercial, and residential properties. She questioned if residents have to have garbage service as one property listed in the code enforcement report had chosen not to have a garbage service. Mr. McCauley summarized Section 7 -102, Subdivision 3: • 07/14/03 -1- DRAFT Frequency and Manner of Collection. The contents of the containers must be collected once every • week, or more frequently if necessary or required by the provisions of any other ordinance of the City, by a collector licensed under this Chapter. The collector must transfer the contents of the containers to the collection vehicle without spilling them, and if any spilling occurs, the collector must clean it up immediately and completely. Collection must be conducted in a manner as to not create a nuisance. Collection in residential zones must be between the hours of 6:30 a.m. and 8:30 p.m. Upon each collection the containers must be completely emptied and returned to the racks or stands where they are kept, and the lids of the containers must be replaced. Mayor Kragness questioned if residents are issued a citation when they are not in compliance with this ordinance. Mr. McCauley will check into this and report back to the Council. Councilmember Lasman questioned the dangerous and /or nuisance dog language and who would enforce the State's dog laws if new language were added to the City's ordinance. City Attorney Charlie LeFevere informed that the local police departments would do the enforcing. Councilmember Carmody expressed that she believes there are two separate issues to be considered regarding dangerous and nuisance dogs. Councilmember Peppe agreed with Councilmember Carmody and expressed that he believes this would be moving in the right direction. Councilmember Peppe questioned the payoff for the refunding bonds. Mr. McCauley discussed that the payoff for the General Obligation Police and Fire Building Series 2003B would be approximately $213,000 and the payoff for the Taxable General Obligation Tax Increment Series 2003C would be approximately $211,000. He informed that a representative from Springsted would be available at the regular meeting. Councilmember Niesen questioned the jurisdiction for rental properties and if there had been any cases of rental properties reaching the three strike rule. Mr. McCauley discussed that he believes that the owners need to have someone local to manage the properties and he does not recall any of the rental properties reaching the three strike rule since landlords generally start unlawful detainer actions' to remove a tenant if the rule is coming into play. REPORT/DISCUSSION SIGNS AT 69 AND BROOKLYN BOULEVARD There was no discussion on this item. SCHEDULING CITY COUNCIL WORK SESSION There was no discussion on this item. • 07/14/03 -2- DRAFT I • MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor • I i • 07/14/03 -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 JULY 14, 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, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Jim Soderberg, 6401 Camden Avenue North, addressed the Council to discuss the City's proposed • rental ordinance and the City of Brooklyn Park's rental ordinance. He expressed that he believes the calls for service from the rental managers should not be counted; there should not be a no retaliation clause; and something should be addressed regarding new ownership of rental properties. Councilmember Carmody informed him that the Council would be discussing this matter at the July 28, 2003, City Council meeting. Nancy Dillon, 5444 East Twin Lake Boulevard, addressed the Council to discuss her concerns with the garbage cans and parking of vehicles. She believes the nuisance of garbage cans is worse since the containers have become larger. She asked that these two nuisance matters receive more educational attention and enforcement. Ms. Dillon asked that future crime reports for Brooklyn Center not include Brookdale Mall or retail areas. Sarah Schwartz, Sun Post Editor, discussed that the Police Department provides the informatics and that they are working on segregating the retail areas from the residential area. Donna Zieska, 5455 Brooklyn Boulevard, addressed the Council to ask that the Osseo Road sign be removed from her street. ADJOURN INFORMAL OPEN FORUM I A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the • Informal Open Forum at 6:58 p.m. Motion passed unanimously. 07/14/03 -1- DRAFT 2. INVOCATION • Theresa Rousseau, St. Alphonsus Church, 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. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. Mayor Kragness expressed thanks to the City employees who detailed the City of Brooklyn Center markings in the Council Chambers. 6. COUNCIL REPORT • Councilmember Carmody expressed thanks to the Earle Brown Days Committee for all their work on the successful events. She informed that the Earle Brown Days Fireworks that had been cancelled have been rescheduled for July 22, 2003. Councilmember Lasman expressed thanks to the Earle Brown Days Committee and the Brooklyn Center Lions for all their work with the Earle Brown Days events; and reported that on July 11, 2003, she attended a Relay for Life event. Councilmember Peppe reported that he attended the Association for Rental Managers (ARM) meeting on July 10, 2003, and that he believes that the meeting was helpful for others to better understand the City's proposed rental ordinance. He also attended the Financial Commission meeting on July 10, 2003. He expressed thanks to the City Manager and City staff for the helpful information to help with the City's budget. Mayor Kragness reported that she attended the ARM meeting on July 10, 2003, and that she believes it was important to discuss this matter again to help those involved better understand the City's proposed rental ordinance. 07/14/03 -2- DRAFT i Councilmember Peppe expressed thanks to Representative Debra Hilstrom for attending the ARM • meeting. Councilmember Peppe informed that National Night Out would be on August 5, 2003. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES Motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the June 16, 2003, joint work session with Financial Commission, and June 23, 2003, study and regular sessions minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 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 382 " 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 • 07/14/03 - � -3 DRAFT RENTAL • Renewal: Carrington Drive Apts. Norman Chazin (1302 -08 69" Ave. & 6910 -20 Humboldt Ave) 5825 Dupont Avenue North Pal Ace Yang 4210 Lakebreeze Avenue North James and Bobbie Simons 4207 Lakeside Avenue North #320 Heinz Pollinger 2812 O'Henry Road Mainsl Properties 6218 Unity Avenue North Chuzong Xiong 5300 -04 Vincent Avenue North Patricia Beier Initial: 3501 47 Avenue North Richard Grommes 3012 & 3018 Sl Avenue Steven Elhardt 4518 65 Avenue North Ernest Anyanwu 532272 nd Circle Lenita Elon 6613 Camden Avenue North Charles Bailey 5637 Emerson Avenue North Douglas Pederson 5707 Emerson Avenue North Lois Frost 5925 Ewing Avenue North Chai Vang 6824 Fremont Place North David Oium 7242 Knox Avenue North Damien Washington 3318 Mumford Road Olufemi Olagbaju 6912 Unity Avenue North Geri Williams • SIGN HANGER Sign -A -Rama 13692 Grove Drive, Maple Grove 7c. APPROVAL OF SECONDHAND DEALER APPLICATIONS AND LICENSES FOR GAMESTOP INC. DBA/GAMESTOP #535,6068 SHINGLE CREEK PARKWAY, AND GAMESTOP #1704,1307 BROOKDALE CENTER A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the secondhand dealer applications and licenses for GameStop Inc. dba/GameStope #535,6068 Shingle Creek Parkway, and GameStop #1704,1307 Brookdale Center. Motion passed unanimously. 7d. APPROVAL OF APPLICATION FROM ST. ALPHONSUS CHURCH TO CONDUCT A RAFFLE ON SEPTEMBER 21, 2003 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the application from St. Alphonsus Church to conduct a raffle on September 21, 2003. Motion passed unanimously. I 07/14/03 -4- DRAFT • i • 7e. APPROVAL OF APPLICATION FROM ST. ALPHONSUS CHURCH TO CONDUCT RAFFLES ON NOVEMBER 8 AND 9, 2003 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the application from St. Alphonsus Church to conduct raffles on November 8 and 9, 2003. Motion passed unanimously. 7f. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES FOR HOLIDAY STATIONSTORE, 420 66 AVENUE NORTH; AND TARGET STORE, 6100 SHINGLE CREEK PARKWAY A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the site performance guarantee releases for Holiday Stationstore, 420 66 Avenue North, and Target Store, 6100 Shingle Creek Parkway. Motion passed unanimously. 7g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-103 Councilmember Lasman introduced the following resolution and moved its adoption: • RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7h. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: SHINGLE CREEK PARKWAY SOUTH OF 69 AVENUE NORTH A motion b Councilmember er Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on August 11, 2003. Motion passed unanimously. 7i. AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT ALONG GARDEN CITY ELEMENTARY SCHOOL, OSSEO SCHOOL DISTRICT NO. 279 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading pp pp g and set second reading and public hearing on August 11, 2003. Motion passed unanimously. 7j. RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH IN- CONTROL INC. FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM • 07/14/03 -5- DRAFT i RESOLUTION NO. 2003 -104 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH IN- CONTROL INC. FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7k. RESOLUTION APPROVING AGREEMENT ON EMPLOYMENT MATTER RESOLUTION NO. 2003 -105 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT ON EMPLOYMENT MATTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PUBLIC HEARING 8a. 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 City Manager Michael McCauley discussed that this ordinance was 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 and creates the ability to adopt a franchise fee ordinance at a later date. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 07/14/03 -6- DRAFT • i • A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-06 Councilmember Lasman introduced the following ordinance and moved its adoption: 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 motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION • OF THE DONATIONS AND VOLUNTEERS FOR THE BEAUTIFICATION OF CENTRAL PARK Mayor Kragness read the resolution expressing recognition for and appreciation of the donations and volunteers for the beautification of Central Park. She informed that letters were sent to all donors and volunteers. Mr. McCauley presented a PowerPoint presentation on the outcome of the plantings. RESOLUTION NO. 2003-106 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE DONATIONS AND VOLUNTEERS FOR THE BEAUTIFICATION OF CENTRAL PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9b. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE • 07/141 - 03 - 7 )RAFT Councilmember Carmody read the resolution expressing recognition of and appreciation for the • dedicated public service of the Earle Brown Days Committee. RESOLUTION NO. 2003-107 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. 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 Mr. McCauley discussed that these issues were reviewed and it was determined that refinancing these bonds could generate savings. He informed that Bob Thistle from Springsted was present to • discuss further. Bob Thistle, Executive Vice President, addressed the Council to inform that their task is to monitor the City's existing debt. With the market the way it is at the current time, he suggests that the City refinance these two bonds. The savings would be as follows: The 1997B General Obligation Police and Fire Building Bonds that were originally issued to finance the construction and rehabilitation of several public safety facilities was $7.9 Million. This amount had 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 percent as compared to the original rate of 4.73 percent. 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. 07/14/03 -8- DRAFT • I The 1995A General Obligation Tax Increment Finance (TIF) Bonds that were issued to facilitate acquisition of property and construction of infrastructure in TIF District No.3 was $4.56 Million. This amount had been reduced with principal payments beginning in 1999. The new issue will be $2.505 Million in principal and will lower the actual interest cost by $24,700 annually beginning in 2005. The net interest rate is estimated to be 3.39 percent as compared to the original rate of 6.79 percent. 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. Councilmember Niesen questioned the mechanism. Mr. Thistle discussed that the call date had not been reached but they are proposing to refinance these bonds and that the money will be reinvested until the call date. There may be negative arbitrage calculations; however, the calculations are already figured in the current calculations. Councilmember Peppe expressed thanks to Mr. Thistle for the substantial savings to the City. Mr. McCauley noted that the 2003B Bonds will address the market value levy and does pass directly on to the taxpayer's savings. Mr. Thistle informed that they would continue to monitor the City's debt on a regular basis. RESOLUTION NO. 2003-108 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $5,120,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING REFUNDING BONDS, SERIES 2003B The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 2003-109 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,505,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003C The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 07/14/03 -9- DRAFT I 9d. RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999-11 Mr. McCauley discussed that the Council authorized appraised values of temporary and permanent easements necessary for the construction of the Mississippi Riverbank Protection Project. Six properties are in agreement with Evergreen Land Services. This resolution would authorize the purchase of properties in a pending condemnation action for the project. RESOLUTION NO. 2003 -110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES IN A PENDING CONDEMNATION ACTION, MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9e. REPORT ON LOCOMOTIVE HORN OPERATIONS AT THE RAILROAD CROSSING ON AZELIA AVENUE NORTH Mr. McCauley reported that staff had contacted the Canadian Pacific Railroad to discuss the use of locomotive horns at the Azelia Avenue crossing in response to noise complaints received by residents. A representative from Canadian Pacific Railroad indicated that the company policy is to sound locomotive horns in advance of at -grade crossings until a proposed rule is passed that will regulate the use of these horns. The rule that is being considered by the Federal Railroad Administration 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. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to discuss that believes residents were told that once the roadway was constructed there would be no more horns. Councilmember Niesen expressed that she would like to have an ordinance drafted. o Councilmember Peppe questioned whether an ordinance should be done now or after the rule is approved by the Federal Railroad Administration. Director of Public Works /City Engineer Todd Blomstrom discussed that an ordinance could be drafted and finalized after the rule is approved. Mayor Kragness expressed that she is concerned with the staff time for this matter. Mr. McCauley suggested that the City Attorney monitor the Federal Railroad Administration and see what type of local action would be required. 07/14/03 -10- DRAFT • 9f. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS Mr. McCauley discussed that this ordinance amendment would consolidate the licensing operation relating to liquor licensing. Currently the liquor licensing is divided between the Police Department and City Clerk's Office. While drafting this ordinance there were a number of inconsistencies regarding the procedures that are used depending on the type of license and was found not to be business friendly. This draft results in a more uniform and friendly use. A motion by Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on August 11, 2003. Motion passed unanimously. 9g. AMENDING 2003 CITY COUNCIL MEETING SCHEDULE TO ADD A CITY COUNCIL WORK SESSION Mr. McCauley suggested scheduling a work session on August 11, 2003, immediately following the Regular City Council meeting. A motion by Councilmember Lasman, seconded by Councilmember Carmody to amend the 2003 City Council meeting schedule to add a City Council work session on August 11, 2003, immediately following the regular City Council meeting. Motion passed unanimously. • 9h. REPORT ON DEER COMPLAINTS Mr. McCauley reported that there would be a community meeting on July 30, 2003, at 6:30 p.m. in the Cohen Community Room at the Brooklyn Center Community Center to discuss the deer complaints that had been received. A representative from the Department of Natural Resources will be at the meeting to provide information on the deer population and the options regarding those issues. Mayor Kragness expressed that she hopes this information will also be published in the Sun Post. Councilmember Carmody expressed that publishing this information in the Sun Post would be beneficial for others not living around the Palmer Lake area that are interested in these topics. Assistant City Manager /Director of Operations Curt Boganey informed that he had been contacted by the Brooklyn Park City Manager who informed that someone from Brooklyn Park would be attending the meeting. 9i. REPORT ON CODE ENFORCEMENT Mr. McCauley esented a PowerPoint presentation regarding the following and informed that the Yp P g g g first inspections for all property types will be complete by the end of July. • 07/14/03 -11- DRAFT Number of Violation(s) by Tvne: Garbage Storage/Removal 87 Parts/Engines and Related Items 10 Accumulation of Rubbish/Brush/Debris 170 Accumulation of Junk/Furniture /Appliances 71 Illegal Parking /Storage of Vehicles 90 Unlicensed/Inoperable Vehicles 96 Yard Maintenance (Seed and 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 900 There were 740 first letters, 138 second letters, 466 compliance /thank you letters, and one • citation/formal complaint. Council discussed gravel driveways and the storage of garbage receptacles. Mr. McCauley will check with the Police Department to inquire if the number included with the report consists of inappropriately stored garbage receptacles. Nancy Dillon, 5444 East Twin Lake Boulevard, addressed the Council to inform that she believes the garbage receptacles have become more of a nuisance and that she believes people have become lazy about storing them properly. Mr. McCauley summarized that cars must be parked on asphalt, concrete, or gravel surfaces and that garbage receptacles must be placed in a garage or behind the plane if stored in the front of a home. 9j. REPORT ON DOG ORDINANCE OPTIONS Mr. McCauley reported on the materials prepared by the City Attorney regarding possible options for the regulation of dogs. City Attorney Charlie LeFevere suggested that he prepare a checklist for the Council to consider regarding dangerous dog restrictions before drafting an ordinance amendment. 07/14/03 -12- DRAFT • Councilmember Niesen questioned the current process and the $1,000 violation fee. Mr. McCauley discussed that the Police Department can issue tickets and that there are different charges for different offenses. Persons issued a ticket can protest the ticket and have the ability to go to court. Mr. LeFevere discussed that the fees are determined by the District Court. Councilmember Niesen questioned if there is any record of how many tickets have been issued and if there is a track of the money received from these fines. Mr. McCauley discussed that the money collected goes to the County and a percentage comes back to the City. Councilmember Niesen expressed concern about the number of dogs running at large in the Twin Lake Beach area and questioned if the Police are to be monitoring dogs while in the area. Mayor Kragness reminded that all dogs must be leashed at all times and that she believes that the Police respond to complaint driven issues. Mayor Kragness questioned how many private kennel licenses the City currently holds and if any of the grand fathered licenses had been dropped. Mr. McCauley will check with staff and report back to the Council. Councilmember Carmody expressed that she would like to see the Council move in the direction of amending the animal ordinance to make the penalties more severe for dangerous dogs. Mayor Kragness suggested that the City Attorney draft a checklist for the Council to review before • an ordinance is drafted. 10. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:12 p.m. Motion passed unanimously. I I City Clerk Mayor • 07/14/03 -13- DRAFT I I F City Council Agenda Item No. 7b OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 23, 2003 CA 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 28, 2003. AMUSEMENT DEVICE OPERATOR Scoreboard Pizza 6816 Humboldt Avenue North MECHANICAL Budget Home Services 13755 Buck Lake Boulevard, Big Lake Green Mechanical, Inc. 8811 East Research Center Road, New Hope Nasseff Mechanical Contractors 122 South Wabasha, St. Paul NS/I Mechanical Contracting 2300 Territorial Road, St. Paul RENTAL Renewal: 151069 th Avenue North (4 plex) Brian Doyle 6/13/03 Intoxicated person (one to detox) - unit 1 6/13/03 Disturbing the peace - unit 1 6/5/03 Disturbing the peace - unit 4 6/4/03 Domestic - no unit known (unfounded call) 4/29/03 Burglary - unit 3 1/02/03 Assault with a knife (arrest) - unit 4 8/28/02 Assault, non domestic (arrest) - unit 1 Initial: 501 Bellvue Lane Brett Hildreth 3/8/03 Alarm call (false) 5/25/03 Alarm call (false) 5919 Pearson Drive Ramales Salustio Zero calls for service in last 12 months SIGN HANGER Griffin Sign & Awning Inc. 21513 5 1 " Avenue NW, Cambridge Spectrum Sign Systems 5680 Flint Trail, Wyoming Universal Signs, Inc. 1033 Thomas Avenue, St. Paul Vol 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 t • City Council Agenda Item No. 7c BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Chief Scott Bechthold I DATE: July 10, 2003 SUBJECT: Application to Conduct Raffles St. Alphonsus Church On July 10, 2003, the Brooklyn Center Police Department received an Application to Conduct Excluded Bingo from St. Alphonsus Church. This application is for an event to be held at St. Alphonsus Church on September 20, 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 G Page 1 of 2 • LG240B Application to Conduct Excluded Bingo (No fee) 8100 If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Previous authorization number, If any Organization / Name (a it appears on documentation filed vrf Minnesota Secretary of State or lntemal Revenue Service) Ch ur�j A -:57 Street W 5 - ! 5 44 � ✓e. / city State i Zip code County Type of nonprofit organization (check one): rl Fraternal Veteran 0 Religious Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): Certificate of Good Standing - Minnesota Secretary of State's Office E] Internal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? • N ° ...- - _ Yes ....... _ .. _ If yes. list the dates that bingo was conducted .....__ ............._- ..-..... _ _.....-.- .. --- __. The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event{ s)..- _...C_....�aOP.3 _........__.._._..__.....__..........._............._ ......._.._...._....._.._...__. OR. The bingo event will be conducted (up to 12 consecutive days) in connection with a. County Fair - - - -- Date(s) of bingo event ----.......--.-----_-----------_---_.._..-____-- State Fair -- -- Date(s) of bingo event Civic Celebration - Date(s) of bingo event _ _ . ...... Name of person in charge of the bingo event (Y DQ lf0. n.......... Daytime Phone i .I -b3.) -,J r4 1 Premises Where Excluded Bingo Will Be Conducted Flame of premises Al l7�(.P �OR S u5 Street address A ve . N, City or township Cou 4 #11,1 1 Cen �Pr IAI Be sure to complete page 2 LG240B Application to Conduct Excluded Bingo Page 2 of 2 / v • Organization Narne._. sine:.. fll..Ci __ .. ( ._. _/t®KSU£. _ �i� }L�._ Chief Executive Officer's Signature The information provided in this applicati to and accura o the best of my knowledge. rr Chief executive officers signature.,__ Phone number(G 3-&�..�?�-✓/P Name(please print) ._.... t�►/.�....'l,G� ...�f.r..�c. Date- --.� r.. _1&'9„ Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits,the city must sign this application. On behalf of the city, I hereby approve this application for excluded bingo activity at the _t"�-._ .'�° premises located within the city's jurisdiction. P off city personnel receiving application Title_ __.....__( r! ._.._... _.. Date_ ._f i ;03 _ If the gambling premises is located in a township,both the county and township must sign this application. For the township: On behalf of the township, acknowledge that the organization is applying for -_ _---__-----._.__ - _- -.......excluded bingo activity within the township limits. Print name of township A township as no statue Si.. _t-u. ..._-._n-s,h._ of a...-... __.._. p.I------.-_..- .. p statutory authority to approve or 5ignaiure o€ township of€ic�al acknow'leclging application deny an application(Minn. Stat. sec. 349.213, subd. 2) Title..._....... . • For the county: On behalf of the county, I hereby approve this application for excluded bingo activity --• ---. .__._._ _.- at the premises located within the county's Print name of county jurisdiction. (Signature of county personnel receiving application) Title_....__ ... Date_. _._I 1- This form wilt be made ara lahle in alternative fannat ti.e-large print,Braille) an authorization,all the information you have provided in the process of upon request. The information requested on this form land any applying for an authorization remains private,with the exception of your attachments) will be used by the Gambling Control Board (Board)to name and your organization's name and address which will remain public. determine your qualificationstobeirrvolveoin lawful gambling activities in f,�natedataaboutyouareavaitableanlytathetollotiu ng: Board members, Minnesota.oev r.i You have fuse t right to refuse to supply the information requested: staff of the Board whose work assignment requires that they have access however.if you refuse to supply this information.the Board may not be able to determine your qualifications and,as a consequence,may refuse to the information; the Minnesota Department of Public Safety;the to issue you anauthorizaticn. it yousupp4ytheinfamaiion requested,the Minnesota Attorney General; the Minnesota Commissioners of Board will be able to process your application. Administration,Finance,and Revenue:the Minnesota Legislative Auditor, national and international gambling regulatory agencies;anyone pursuant Your name and your organization's name and address will be public tocourtorder:otherindividuals and agencies that are specifically authorized information when received by the Board. All the other information that you by state or federal law to have access to the information;individuals and provide will be private data about you until the Board issues your acgemies fix vrhich lave or legat order authorizes a new use or sharing of authorization. Wher the Baird issues your authorization, all of the information after this Notice was given;and anyone with your consent. information that you have provided to the Board in the process of applying for your authorization tivili become public, If the Board does roil issue you Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to Gambling Control Board Suite 300 South 1711 W.County Rd.B • Roseville, IWIN 55113 If your application is denied by the local unit of government. do not send the application to the Gambling Control Board. r Internal Revenue Bernice Department of the Treasury District 31 Hopkins Plaza, Baltimore, MD 21201 Director Person to Contact: >United States Catholic Conference M. Schreiber 1312 Massachusetts Avenue, N.W. Telephone Number. Washington, D.C. 20005 (301) 962-4769 Attn: Wilfred R. Caron, Refer Reply to: General Counsel EP/EO: 7204 Date: SEP 2 Dear Sir: In a ruling dated March 25, 1946, we held that the agencies and instrumen- talities and all educational, charitable and religious institutions operated, supervised, or controlled by or in connection with the Roman Catholic Church in the United States, its territories or possessions appearing in the Official Catholic Directory for 1946, are entitled to exemption from Federal income tax under the provisions of section 101(6) of the Internal Revenue Code of 1939, which corresponds to section 501(c) (3) of the 1954 Code. This ruling has been updated annually to cover the activities added to or deleted from the Directory. The Official Catholic Directory for 1981 shows the names and addresses of all agencies and instrumentalities and all educational, charitable, and religious institutions operated by the Roman. Cathnlic_ Chuurch in the United • States, its territories and possessions in existence at the time the Directory was published. It is understood that each of these is a nonprofit organization, that no part of the net earnings thereof inures to the benefit of any individual , that no substantial part of their activities is for the Promotion of legislation, and that none are private foundations under section 509(a) of the Code. You have certified that all elementary schools, high schools, and colleges listed in the Directory have a publicized policy of racial nondiscrimination as to students so that applicants of all races have equal access to each educational institution. Revenue Procedure 75-50, published in Cumulative Bulletin 1975-2, page 587, sets forth guidelines and recordkeeping requirements for determining whether private schools exempt from tax have racially nondiscriminatory policies as to students. You must comply with this Revenue Procedure. Based on all information submitted, we conclude that the agencies and instn uentaIities and educational , charitable, and religious institutions operated, supervised or controlled by or in connection with the Roman • (2) . United States Catholic Conference Catholic Church in the United States, its territories or possessions appearing in the Official Catholic Directory for 1981 are exempt from Federal income tax under section 501(c) (3) of the Coale__ You and your subordinates are not required to file Federal income tax returns ~ as long as a tax-exempt status. is maintained. But under section 512(a) (1) of the Code, the unrelated business taxable income derived by any organization from any unrelated trade or business is subject to unrelated business income tax. If you or your subordinates are' subject to this tax, You must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. You are not required to file Form 990, Return of Or Exempt from Income Tax, if you meet the exception in section 6033(a) (2)(A) (i) of the Code. Your subordinates are also not required to file Form 990 if they qualify as churches or integrated auxiliaries of churches or otherwise meet the exceptions in sec- tion 1 .6033-2(g) of the Income Tax Regulations. You and your subordinates are not liable for social security (FICA) taxes. However, you or any of your subordinates, in their own right , may file a certif- icate waiving exemption from taxes, Form SS-15, under the Federal Insurance Contributions Act. You and your subordinates are not liable for tax under the Federal Unemployment Tax Act (FUTA) . • Donors may deduct contributions to the agencies, instrumentalities and institutions referred to above, as provided by section 170 of the Code. Requests, legacies, devises, transfers, or gifts to them or for their use are deductible for Federal estate and gift tax purposes under sections 2055, 2106 and 2522 of the Code. Next year, within 45 days after the close of your annual accounting period, or by May 31 , the date established by our letter of April 28, 1975, w1iich gave an extension of time to file the information, please send one copy of the Official Catholic Directory for 1982 for each Internal Revenue District in which one or more of your subordinates are located, with four additional copies to this office. Group Exemption Number 928 has been assigned to you. You are required to in- clude this number on each Form 990 and Form 990-T required to be filed by your subordinates. Please advise your subordinates of this requirement and provide them with the Group Exemption Number. In addition, please sub;, it the following, annually, on or before May 31 to the Internal Revenue Service Cer?t_er 11601 Roosevelt Boulevard Philadelphia , Pennsylvania 19155 g Attention: Entity Control Unit • (3) United States Catholic Conference 1 . A statement that the information upon which your present group exemption letter is based applies to any new subordinates; 2. A list of the names, mailing addresses, including ZIP codes, of the subordinates on your group exemption roster that during the year: (a) changed names or addresses; (b) were deleted from the roster; (c) were added to the roster. 3. A statement that each has given you written authorization to add its name to the roster; 4. A list of those to which the Service previously issued separate ruling or determination letters relating to exemption; and 5. A statement that none of the new subordinates are private foundations as defined in section 509(a) . Please use the employer identification number assigned to you on all returns • you file and in all correspondence with the Internal Revenue Service. This is a determination letter. Please retain it with your permanent records. Thank you for your cooperation. Sincerely yours, Teddy R. Kern District Director cc: Wilfred R. Caron, General Counsel United States Catholic Conference • City Council Agenda Item No. 7d • MEMORANDUM DATE: July 23, 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 --------------------------------------------------------------------------------------------- • JONATHAN&LUBA EVARTS 6936 MAJOR AVE N 196 RICHARD &MARYANN WILDER 6718 DREW AVE N 197 ALBERT&SHARON QUICK 6712 DREW AVE N 198 CITY OF BROOKLYN CENTER CENTERBROOK GOLF COURSE 199&200 LORRAINE SENESCALL 6818 EWING AVE N 201 DAVID THIESEN 5547 LYNDALE AVE N 202 DUANE ENNINGA 5435 EMERSON AVE N 203 EMILY MILLER 5510 EMERSON AVE N 204 MARTY&DEBRA PETERSON 2213 ERICON DR 205 FRANCES SCHLOSSER 5724 DREW AVE N 206 DONALD&BONNIE PETERSON 3715 58"AVE N 207, 208,209,210&211 MARK KLINKNER 5637 BROOKLYN BLVD 212, 213 &214 DANIEL&DEBORAH DRURY 5648 NORTHPORT DR 215 JANICE BREYFOGLE 6901 LOGAN AVE N 216 HONG&CHUNG LE 3306 64"AVE N 217 ROLAND&EUNICE MORGAN 6115 ALDRICH AVE N 218&219 JAMES &HEATHER DEFRANCE 7049 PERRY AVE N 220 JOHN&VICKIE WILMES 6924 SCOTT AVE N 221 OLUFEMI OLAGBAJU 6225 NOBLE AVE N 222 BONNIE LASLEY 6331 INDIANA AVE N 223 CITY OF BROOKLYN CENTER FIREHOUSE PARK 224 BRETT&BURTON HANSON 6406 COLFAX AVE N 225 • 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. 7e Hennepin County Taxpayer Services ElectionsNoter Registration 612-348-5151,Phone 07� A-600 Government Center 612-348-9677,Fax • 300 South 6th Street www.Co.hennepin.mn.us yf p Minneapolis,MN 55487 70060 6J_1 Alt July 18, 2003 Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Sharon, Enclosed please find a consent of assignment of contract between the City of Brooklyn Center, School District No. 279 and Hennepin County for use of Brooklyn Center's county-owned election equipment by the school district in this fall's election. Please note that this is a three-way agreement that must be approved by all three parties. This original document must be signed and dated by the proper authority. Please forward the signed agreement to School District No. 279 for their approval and signature. They should then • mail the original document back to our office. After the County Board's approval, and when the document is finalized, we will forward a copy to you and to School District No. 279. Please note the county attorney has approved the language in the agreement so that it is standard for all jurisdictions using equipment this fall. Because it is a pre-approved standard agreement your city and the school district must approve all of the clauses and language contained within with no additional changes. If there are additional conditions you feel are needed please do so in a separate agreement between your city and the school district. Due to the complexity of this issue, our time to expedite this agreement is extremely limited. Please do whatever you can to assist us in executing this agreement. Sincerely, V, �) Michelle D. DesJardin Elections Manager Enclo: Agreement No. 31032 Cc: Hazelle Nyberg, Osseo ISD 279 An Equa/Opportunity Employer Recycled Paper • Agreement No. A031032 HENNEPIN COUNTY, OSSEO SCHOOL DISTRICT 279 & THE CITY OF BROOKLYN CENTER CONSENT OF ASSIGNMENT OF CONTRACT NO. A07910 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, the INDEPENDENT SCHOOL DISTRICT 279 AND THE CITY OF BROOKLYN CENTER, all political subdivisions of the State of Minnesota, hereinafter referred to as the "County", the "School District" and "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487, the address of the City is 6301 Shingle Creek Pkwy Minnesota 55430 and the address of the School District is 11200 93rd Ave North, Maple Grove Minnesota 55311. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-426 authorized the purchase of election equipment (hereinafter "Election Equipment") for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and iWHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer County property from the City to the School District for the School District's use; and WHEREAS, the County desires to lease Election Equipment to the School District for use at the 2003 School District general and/or special elections; and NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the County Election Equipment identified as: four (4) Model 100 Optical Scan Precinct Count Units (including eight (8) PCMIA memory cards, and four (4) Model 100 cover carry cases) for polling places contained within the School District. • • Section 2 OWNERSHIP 2.1 The City and the School District acknowledges that the County owns the Election Equipment and that the School District is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The School District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ESS) and is protected under federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The School District shall be responsible for the Election Equipment while it is in the possession of the School District. The School District either through • insurance or a self-insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the School District's defense and indemnity obligations contained in Section 5.6 herein. Section 4 TERM, TERMINATION 4.1 The City, the School District and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the School District returns the equipment to the City or December 31, 2003, whichever is sooner. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Waiver. No delay or omission by any party hereto to exercise any right or • power occurring upon any noncompliance or default by the other party with 2 respect to any of the terms of this Agreement shall impair any such right or power • or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by any of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to any party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. None of the parties shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of all of the other parties, and any attempt to do so shall be void and of no force and effect. 5.5 THE SCHOOL DISTRICT AGREES THAT THE COUNTY IS FURNISHING THE ELECTION EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT • WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ES&S, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S AND THE CITY'S SOLE LIABILITY AND THE SCHOOL DISTRICT'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County or the City be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other • financial loss or any other damage arising out of performance or failure of 3 performance of this Agreement by the County. The County, the City and the • School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the School District: Hazelle Nyberg Osseo School District 279 1120093 rd Avenue North Maple Grove, MN 55311 To the City: Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 5.8 Audit Provision. All parties agree that any party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. • 4 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District the City and the C • ount hereof Y Y shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the School District, the City and the County represent that they are duly authorized to execute this Lease Agreement on behalf of the School District, the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 5.12 For lease of the Model 100 Optical Scan Precinct County Units, the School District shall: Pay the City the amount of Twenty-five dollars ($25) per Model 100 Optical Scan Precinct Count Unit upon receipt of billing for use of the equipment; 5.14 Program Service. The County shall, without charge, provide programming services to the School District. 5.15 Transporting and Return of Equipment. The School District shall be responsible for the transporting of the equipment from and to the City. Upon • termination of this Agreement, the School District shall forthwith deliver the Election Equipment to the City or its designee, complete and in good order and working condition. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK • 5 COUNTY BOARD APPROVAL • The SCHOOL DISTRICT and the CITY, having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the_ day of 2003 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: And: Approved as to execution Assistant/.County Administrator ATTEST: Deputy/Clerk of County Board Assistant County Attorney Date: SCHOOL DISTRICT • Approved as to form By; By: School District Attorney School District Date: CITY Approved as to form By; City Attorney By:City Date: • 6 City Council Agenda Item No. 8a i MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: June 3, 2003 SUBJECT: Flashing Signs The owners of Culver's have requested the City consider some modification of our sign ordinance. They have an electronic message board with a single message line informing people of the time of day, date, temperature and their flavor of the day. Their problem is that on occasion, the flavor of the day can be too long to display on the single line. For example, the flavor last week was chocolate covered strawberry. In order to display that information, the sign would read, "chocolate covered" then change to "strawberry". Changing the sign in such a • manner is a violation of City Ordinance 43-130 (4). It would be considered a"flashing sign". A flashing sign is defined as "Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or color when such sign is in use, except for that portion of a sign providing public information such as time, weather, date, temperature or similar information." The obvious concern, as noted in the "Statement of Purpose" is to limit distractions to motorists. At the time this was written it would seem that the ordinance was aimed at the rapid blinking sign with arrows and etc designed to overwhelm the motorists attention to driving. What the ordinance did not anticipate, nor could it, was the technological advances in signs. The new electronic signs can still do the flashing arrows and pictures that can be distracting but they also can provide information in a short written format. The problem with our ordinance or its gray area is what constitutes flashing. If a sign changes every 10 minutes we would be hard pressed to defend that as a flashing sign. The ordinance does not have a time frame for determining what is a flashing sign. I believe the request from the Culver's owner is reasonable. If the only information provided on their sign was the date, weather, time etc, there would be no regulation as to the • duration that information would have to remain before it was changed. In fact I have observed such signs change every 3 to 4 seconds and that is legal. It would be my recommendations that • the City consider amending the sign ordinance to allow a written ' g 0 information change on a sign every 10 seconds. The time frame allows continuity in the message and at the same time is not a visual barrage to the motorist. I believe that Chad Liston from Culver's will be present Monday evening to address the Council with his request. We should also note that MNDOT currently employs such signs to warn motorist of driving conditions. • I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 28th day of July, 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 Chapter 34 relating to sign regulations. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 76')-569-3308 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 34-110 AND 34-140 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City Code Section 34-110 amended by adding the following definition: Section 34-110. DEFINITIONS. Sign, dynamic message. A dynamic messages sign "DMS," also known as a changeable messages sign, variable messages sign or other similar name is an electrical or electro mechanical sigh on which a message may be placed which can be changed remotely or on site through hard wire or wireless communications. • Section 2. City Code Section 34-140, paragraph 1 is amended by adding new paragraph k as follows: Section 34-140. PERMITTED SIGNS. 1 General requirements and standards for permitted signs k. A dvnamic messages sign "DMS," is permitted only in the C2 I-1 and 1-2 Districts. _A DMS is also subject to the requirements of Section 34-140, subdivision 3.A. of this ordinance. A DMS message must remain constant for at least two seconds when such sign is in use. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publications. Adopted this day of , 2003. ATTEST: Mayor City Clerk Date of Publication: • Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) MEMORANDUM TO: Michael McCauley,City Manager FROM: Brad Hoffman, Community Development Director DATE: June 18, 2003 SUBJECT: An Ordinance Amending Chapter 34 (Sign Ordinance) At the June 9, 2003 Council work session, staff was directed to draft an amendment to the City's sign ordinance that would allow electronic message boards to change messages/images routinely. Under the current ordinance any change in the message is defined as a flashing sign and is prohibited. Specifically,the current ordinance does not define flashing vs. changing within a specific time frame. For example, an electronic message board that changed once per hour is technically a flashing sign and yet clearly not the intent of the ordinance. • For background, I have attached my memo to the Council for the meeting on the 91h of June. The ordinance as written permits a sign change, actually a cell change, every 2 seconds. Electronic message boards are made up with a series of cells that are illuminated. Thus you can create a message that travels across the board. My memo recommended every 10 seconds. Since that time, I have had the opportunity to observe various time frames for changing the cells on such message boards. The 2 second time frame is appropriate and most importantly does NOT create a flashing effect. I would recommend that this amendment be approved for a first reading. I believe that a representative from Culvers will be present. • i City Council Agenda Item No. 8b Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Ma ager FROM: Sharon Knutson, City Clerk DATE: July 23, 2003 SUBJECT: Public Hearing: Consideration of Application for a Currency Exchange License Submitted by Fast Cash Check Cashing LLC to Operate a Currency Exchange Business at 6050 Shingle Creek Parkway, Suite 6078,Brooklyn Center,Minnesota Resolution to Deny Issuance of a Currency Exchange License to Fast Cash Check Cashing LLC to Operate a Currency Exchange Business at 6050 Shingle Creek Parkway, Suite 6078,Brooklyn Center, Minnesota On June 10, 2003, the City received a letter from the Minnesota Department of Commerce requesting City Council consideration of a currency exchange license application submitted by Fast Cash Check Cashing LLC to operate a currency exchange business at 6050 Shingle Creek Parkway, Suite 6078. Minn. Stat. § 53A.04 (a) requires the governing board of the City to consider the issue and approve or disapprove the issuance of the currency exchange license. The City is required to publish notice of the Council's intention to consider the currency exchange license and solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. Notice was published in the City's official newspaper • on July 17, 2003 indicating that the City Council will consider the issue at its July 28,2003, meeting. Sections 23-2201 through 23-2205 of the City Ordinances provide criteria for the City Council with regard to review of an application for a currency exchange license referred by the Commissioner of Commerce. Section 23-2203 (1) specifies, "The business premises shall not be located within 300 feet of, or in the same building as, or on the same legally subdivided lot,piece, or parcel of land as any of the following uses: a school, day care center, church hospital, on-sale liquor estab lishment,hshment halfwa Y house theater, residence pawnshop, secondhand goods dealer,tattoo establishment, body piercing establishment,massage parlor, or another currency exchange." The proposed location of the currency exchange business is on the same parcel of land as GameStop (Suite 6068) and CD Warehouse (Suite 6072). Both GameStop and CD Warehouse are licensed by the City as Secondhand Goods Dealers; it should be noted that GameStop and CD Warehouse were in their current locations prior to City Ordinance amendments that added location restrictions. Therefore, it is recommended that the City Council deny the issuance of a currency exchange license to Fast Cash Check Cashing LLC to operate a currency exchange business at 6050 Shingle Creek Parkway, Suite 6078, by reason of Brooklyn Center Code, Section 23-2203 (1), which prohibits location of a currency exchange within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as a secondhand goods dealer. A resolution to deny issuance of the license is included for Council consideration. Attachments 1. Resolution to Deny Issuance of Currency Exchange License 2. June 9, 2003,Letter from Minnesota Department of Commerce 3. Currency Exchange License Application Submitted by Fast Cash Check Cashing,LLC 4. Minnesota Statutes Chapter 53A - 5. City Ordinance Section 23-2201-23-2205 6301 Shingle Creek Parkway Recreation and Community Center Phone& TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number(763) 569-.3300 FAX(763) 569-3434 FAX(763) 569-3494 www.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6050 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER,MINNESOTA WHEREAS,an application by Fast Cash Check Cashing LLC("Applicant")for a currency exchange license has been referred to the City by the Minnesota Department of Commerce;and WHEREAS,the Council has conducted a public hearing on the application in accordance with Minnesota Statutes, 53A.04(a); and WHEREAS,the Council has determined that the proposed use is not in compliance with the ordinances of the City and that the City should therefore disapprove the application as hereinafter provided. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center that: L The application for a license to operate a currency exchange at 6050 Shingle Creek Parkway,Suite 6078,is denied by reason of Brooklyn Center Code,Section 23-2203 (1),which prohibits location of currency exchanges within 300 feet of,or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as a secondhand goods dealer. Because a secondhand goods dealer is currently licensed • on the same parcel of land,the proposed currency exchange would be on the same parcel of land as the licensed secondhand goods dealer. 2. The City Clerk is directed to provide a certified copy of this resolution together with notification that the City does not concur in the issuance of the license to the Minnesota Department of Commerce. 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. • MINNESOTA f DEPARTMENT OF 85 7th Place East, Suite 500 jk i COMMERCE St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 June 9, 2003 C IVED Sharon Knutson, City Clerk JU I 0 2003 City of Brooklyn Center 6301 Shingle Creek Parkway BZr. Brooklyn Center, MN 55430-2199 RE: Fast Cash Check Cashing LLC Currency Exchange License Application CERTIFIED MAIL Dear Ms. Knutson: Enclosed is a copy of an application submitted by Terry Buchanan to operate a currency exchange business 6078 Shingle Creek Parkway,Brooklyn Center,Minnesota. The name of the currency exchange company is Fast Cash Check Cashing LLC Minnesota Statute 53A.04(a) states: "Within 30 days after the receipt of a complete application,the commissioner shall deny the application or submit the application to the governing body of the local unit of government in • which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." Please respond in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not hear from you within 60 days, approval will be presumed and the license will be issued. If you have any questions,please feel free to contact me. Very ly yours, R bin H. Brown Financial Examinations Division (651)282-9855 Enclosure • cc: Terry Buchanan Enforcement: 1.800.657.3602 Licensing: 1.800.657.3978 Energy Information: 1.800.657.3710 Unclaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity Employer RECEIVED JUN 1 0 2003 BY. • STATE OF MINNESOTA OFFICE USE ONLY CASHIER USE ONLY DEPARTMENT OF COMMERCE Deputy DMSJON OF FINANCIAL EXAMINATIONS Asst. 85 EAST 7TH PLACE,SUITE 500 Chief ST.PAUL,MINNESOTA 55101-2198 Review (651)297,9855 Data Entry Cuurency,Exchange License Number. Processing Date Surety Bond Number CURRENCY EXCIIANGE Insurance Company NAIC Number LICENSE APPLICATION 10l;We ; r — G, T c data,which you fvmish on this form,will be used by the Department of Commence to assess your qualifications for a license. Disclosure of your social security number, is voluntary. You are not legally required to provide this data; however, if you do not provide your social. security number, the Department of Commerce may be unable to grant a license. The Department may use social security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all information contained in this application, except your social security number,is public pursuant to Minnesota Statutes,Chapter 13. A. TYPE OF LICENSE check one) NEW ❑ RENEWAL ❑ AMENDED LICENSE • B. APPLICANT INFORMATION NAME OF CY EX GE NAME OF CORPORATION OR PARTNERSHIP BUSINESS ADDRESS(No Post Ogice Boxes CITY STATE ZIP CODE CO Ty NAME=R4DWIDUAL MANAGING THIS LOCATION STATE TAX ID NLTM13ER 2- id'— 46.3 TELEPHO NUMBER JFAX NUMBER E-MAIL ADDRESS 31fS 7, Check one; ❑ SOLE PROPRIETORSHIP ❑ ASSOCIATION ❑ PARTNERSHIP ❑ LIMITED LIABILITY PARTNERSHIP C o� ❑ CORPO TION LIMITED LIABILITY COMPANY Date of Ineo lion or O on Place of Inco oration Coup State • vnznoot 1 MN/DOC CURRENCY EXCHANGE APPL 7/1999 S 0-78 Z1O/ZOO R IPTPunS IVINO nod 9019 49 M IVA W fT :QUA HOZ/SZ/50 C. Additional licensed currency exchange locations operated b the a needed). Y applicant(use separate sheet if additional s / paw is �.f Street Address - (P•O. oxes are not acceptable) i City � n' State Zip Code County Street Address(P.O.Boxes are not acceptable) City State Zip Code County Street Address(P.O. Boxes are not acceptable) City State Zip Code County .Street Addr ess .O. B (P oxe s are not acce ptable) City State Zi Code D. Please County provide the names and complete business addresses of owners 10% or more of the corporate � partners, officers iP stock),and a , stockholders the _ ) employees with authority (owning company, my to exercise management or policy control over • Full N Official Name Percent Residence Tide � Social Security Address Number Birth Date 2 • E ALL applicants must answer the following questions. If any questions are answered "YES," you MUST attach a detailed written explanation and any legal documentation,if applicable. Have you,any of the owners,partners,oir'iccrs,,managers,directors,or shareholders owning more than 10%of the corporate stock: YES N O d 1. Held a currency exchange license in any other state other than Minnesota? If YES,the new License application must include a verification of license certified by the status); all other applicants must verify that Ibe ccrtifieation(s)previously submitted is accurate. D D 2. Been the subject of any inquiry or investigation by any division of the Minnesota Depattme,nt of Commerce? D 3. Had any occupational license censured, suspended, revoked,cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? D ( 4. Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to, / \ any criminal offense(felony,gross misdemeanor or misdemeanor),other than traffic violations, in any State or Federal Court? D C 5. Been a defendant in any lawsuit involving claims of fraud, misrepresentation, ccmvccsion, / ,,,i=Anagement of'funds or breach of contract? 13 5, 6. Been notified by the Commissioner of Revenue, pursuant to Nfimcsota Statutes, Section 270A.72,that you currently owe the State of Minnesota taxes? Have any unclaimed property(unclaimed finds or property over 3 years old)to report under • /t Minnesota Statutes, Section 345.37? ® 8. Filed for bmikmptcy or protection from creditors or currently have outstanding unsatisfied judgment(s)? D 9. Been affiliated with any other currency exchange? O 10. Will the applicant sell lottery tickets at the licensed location? I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM THE FORM ADOPTED BY THE DEPARTMENT OF COMMERCE. Z" C S' a of Owner,Partner or Corporate Officer Date e�". PPriTl Name of r,Partner,or Corporate Officer • 3 ZIO/�00�I IETpun§ IETluapndd 9019 TLS €9G W 6T:tI GHA H0Z/8Z/90 • MY-ASE PROVIDE THE FOLLOWING P*1ORMATION ON ALL NEW OR RENEWAL APPLICATIONS: (unless otherwise noted) All NEW applicants must provide a signed,notarized statement from the applicant stating the proposed location of the currency exchange is not located within 1/2 mile of another currency exchange. A current fee schedule of all fees charged by your currency exchange office for cashing checks,'money orders or travelers' checks. The list MUST include the type of check cashed,the fee charged,and whether or not the fee varies depending on the amount of the check All owners,partners, officers, stockholders (owning 10% or more of the corporate stock), and employees with authority to exercise management or policy control over the compaW must request that the Bureau of Criminal Apprebension conduct a background investigation on the form provided. Completed form(s) MUST be submitted with your license or renewal application. The work experience covering ten(10)years prior to application for cash person listed. A surety bond fnr$10,000(on the forms provided)with a power of attorney form. A check or money order made payable to`Department of Commerce"f or New Applicants: $1,500.00($1,000.00 non Tefimdable application fee and$500.00 licensing fee.) Amendment Fee:$100.00 License Renewal Fee 5500.00 If applicant is a corporation,attach a copy of the Axticles of Incorporation filed with the Secretary of State. If the applicant is a partnership,attach a copy of the Articles/Agreement of Partnership. The name under which the business will be conducted must be exactly the same as the name on your license. If • operating under any name other than the exact corporate or partnership name or, if an individual proprietorship doing business under any name other than your first and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretary of State(651)296-2803. To apply, complete (please type or print in ink) and submit this form with the required fee to the Department of Commerce, Division of Financial Examinations, 85 East 7th Place, Suite 500, St. Paul; N N 55101-2198. Check or money order must be payable to the "Department of Commerce". VVE CANNOT ACCEPT CASH. Incomplete forms will be returned to the business address listed. For further information on the application process, applicants may contact the Division at (651) 282-9855 or via e-mail, financial.commerce @state.mn.us. The application is available on the Commerce website: www.commerce.state.mmus. • 4 7T�i�oof n� M .6I;.� Q 00 /j;Im IetPap Z/5D O V� oo � o o � � � � o � w ►� w � .�; w w � � u � Mar p O �+ E.. V� Ul, IA x � � � ti SFr tea , SOP L BOND NUMBER:40057976 S TE O>F'MINNESOTA D ,rA M.ENI' OF COMMERCE Cpk EXCHANGE SURETY BOND KNOW ALL PRESENTS: That Fast CashCheck Cashing, LLC (Name of Currency Exchange) a Check Cashing Business Incorporated in Minnesota (Description or form of business organization,including state of incorporation) with business office at 6078 Shingle Creek Parkway, Brooklyn Center, MN 55430 (Street Address,City, State,Zip) as PRINCIPAL and Platte River Insurance Company (Name of Surety) a corporation duly organized under the laws of the State of Nebraska which is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmly bound to the Department of Commence of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal* and Sure hereby bind them s.e lves,their representatives,successors and assigns,jointly and severally by these presents. The parties further agree that: 1. The purpose of this obligation,which is required by Minnesota Statutes, Section 53A.08,is to secure the compliance by Principal with the terms of Minnesota Statutes, Section 531.02 to 53A.13,and any other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefit of the State of N finntsota and all persons suffering damages by reason of the Principal's failure to comply with MinncsOta Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principal's conduct as a currency exchange. • 3. If the Principal shall violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange,the Commissioner of Commerce,as well as any person damaged as a result of such violation shall have,in addition to all other legal remedies, a right of action on this bond in the name of the injured parry for loss sustained by the injured party. 4. This bond shall be effective from April, 10th 2003 until December 31, 2003 Signed and Sealed this 10th day of April 2003 By: Platte River Insurance Co. By: (Name of Surety) (Sign re of A �Fact ety Co mpany) M' hael D.By; Fast Cash Check Cashing LLC By:` - " �` (Name of Currency Exchange) (Signature of Sdi"e Proprietor,Partner,or President) Terry Buchanan FOR DEPARTMENT USE ONLY Approved as to form and cxccution by Department of Commerce. Date 1 MIST/DOC CE BOND 7/1999 • 1. This page is to be completed by a notary public for both the Principal and the Surety. 2. Please attach the power of Attorney and Certified Copy of the Corporate Resolution for the Surety listed herein, • STATE OF Wt ,1 ACKNOWLEDGMENT OF PRINCIPAL COUNTY OF e t a ) ss. ($OL.E PROPRIETORSHIP) 7/, The foregoing insArurnent was acknowledged before me this oZ�' day of A\ d by 2c_ t_ -y &f r Afnczas ask= ledged) ,JAMES J. KORTAS wry Public N Public Minnesota "SP My Commission Expires Jan.31]2005 (PARTtVERSMPI Xv=D LIABHXrY COMPANY The foregoing instrument was acknowledged before me this day of , by ,a partner on behalf of (Name of acknowledging partner) a partnership. (Name of partnership/limited liability company) NOTARY SEAL Notary Public • (CORPORATION) The foregoing instrument was acknowledged before me this day of , by ,President of (Name of corporate president) .a corporation,on (Name of corporation acknowledging) (state of incorporation) behalf of the corporation. NOTARY SEAL Notary Public M kMM k Mc +MWkN w +k Ic yc Mk K R Mc k qc h +R K k # i' i' # k F *• s * R ## ** �a:s es a * x *sk: t� r :* s +s ls .. ^� ACKNOWLEDGMENT OF SURETY COUNTY OF ss. The foregoin,g instrument was acknowledged before me this /0 day of Ap-, by(Name and title of officer or agent of (Name of corporation acknowledging) a ,"J -, ',,`--- corporation,on behalf of the corporation. (state of incorporation) ^ NOTARY SEAL Notary Public '<�*a•`mLe-�'rfa��:�`e" �-e6.�a4'�°S<5; �t'��€R� JCM=1R0YJOHN CF1101111 2 MN/DOC CE BOND 7/1999 • NOTAI ry PUBLIC-MINNESOTA w "y Commission EXPIMs Jan.31,2007 hf L s INK, ; d' \ o- :£ "� 3 tx€ Y 4' °� £}££"£ fb f ti 4;F 7 X2 t. .E At..}$z,.ti o-..7.... b 2.3`--tic ';azxF i§.�s'.c' `i d zXB.€ rRS'� ih...: ) r'$.:i.f.�• T€ Ss.-,s.x: f:F AE 4.f,.a3gwy„a 'S'' f '. °[:..:$s F�€.s he-.tn t fgg 44 zro.'�t£w i F P fif;: _, .....__..._.._....... ...... xb....—x---. PLATTE RIVER INSURANCE COMPANY j ,,^ POWER OF ATTORNEY , ^ t- S {'^ KNOW ALL MEN BY THESE PRESENTS,That PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska,having z r } its principal offices in the City of Madison,Wisconsin,does make,constitute and appoint MICHAEL D.WILLIAMS*WILLIAM J.NEMIC OF GOLDEN VALLEY,MINNESOTA i its true and lawful Attorney(s)-in-fact,to make,execute,sea]and deliver for and on its behalf,as surety,and as it t its and deed n _ � •�: a and all Y. y bonds, undert akings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum ofsz ka`�' at , ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED $500,000.00 This Power of Attorney �., A orne is ranted � y and is signed and ea g g sealed by facsimile under and by the authority of the following Resolution adopted by the Boazd of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January,2002. inn. € 5M i "RESOLVED,that the President,and Executive Vice-President,the Secret ary or Treasurer,acting individually or otherwise,be and hereby are granted illhul ` c # the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings a r; obligatory in the nature thereof,one or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties usual k to such offices to the business of the Corporation;the signature of such officers and seal of the Corporation may be affixed to such power of attorney or to Y ..fm any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile si gnatures or facsimile seal shall be valid 2.1 and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it.is attached. f}:• Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time." ` c IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its ¢ corporate seal to be hereto affixed duly attested by its President,this 8th day of January,2002. M a Attest: PLATTE RIVER INSURANCE COMPANY Q��pKPOR.gTC��p= g� Thomas K.Manion =' David F.Pauly a ? Treasurer l Z, President and CEO s <: STATE OF WISCONS #''•........... # s # IN s.s.: %.,,NFBRAS�P x COUNTY OF DANE € On the 8th day of January,2002 before me personally came David F.Pauly,to me known,who being by me duly sworn,did depose and say:that he ;F resides in the County of Dane,State of Wisconsin;that he is President and CEO of PLATTE RIVER INSURANCE COMPANY,the corporation described in and which executed the above instrument;the he knows the sea]of the said corporation;that the seal affixed to said instrument is such k k, corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. A}};; ice. w� OF wg ,`\\`\oEowu�„iUa 4y ENDURES os a =k _ t f•. _ _ .. 1a � Jane F.Endres STATE OF WISCONSIN �6j��iaanm \ Notary Public,Dane Co.,WI €� [. CO I Y OF DANE CERTIFICAT My Commission Expires 3/23/2003 y _ I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska } £ Corporation,authorized to make this certificate,DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has € r not been revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. { Signed and sealed at the City of Madison,State of Wisconsin this 1 0th day of April 2 003 - ' James W.Smirz , r Assistant Secretary ' f THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE r UPPER RIGHT HAND CORNER.THE BACK OF THIS DOCUMENT CONTAINS A WATERMARK,IF YOU HAVE ANY E QU STIONS i CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-394-7806. _ Z e � �.3 ,a i° f _ Z� t _,:` f 5.. S 1 _E 3 :p 3 T P• FS $ (t^ , 5.�� ES° E �„ After viewing a current Currency Exchange locations and driving around the Brooklyn Center • area. To the best of my knowledge there isn't a currency exchange located within a''/z mile of my proposed location at 6078 Shingle Creek Parkway. Sincerely, Terry Buchanan�. PHILIP VICTOR YEAKEL NOTARY PUBLIC—MINNESOTA My Commission Expires 1-31-2005 ■vrvv�nnr+nn ■ pj ^e- S 3 1 9c)c::, Terry L. Buchanan 652 36th Ave. Minneaplois, MN • Home Phone (612)-782-1069 S U M M A R Y: For nearly four years I have worked in the fluid power industry. Prior to working in the industry, I graduated from Alexandria Technical College with a diploma in Fluid Power, maintaining a 3.23 GPA. My Prior work experience has taught me self motivation, responsibility, and the value of a hard days work. My goal is to work for a company that conceives and applies new ideas while allowing employees to grow with the company. WORK HISTORY: Real estate agent I.Prudential Sundial Jan. 02- Present Technical Sales, Toll-o-Matic Sep. 00 - Nov. 01 Carpenter, Barnabo Builders May 00 -Sep. 00 Inside Sales I Quote Specialist, SunSource Oct. 98 -May 00 Inside Sales, Applied Fluid Power June 97-Oct. 98 • Laborer, Sight Works Design May 96- Aug. 96 Custodian, Lakes community Recreation Sept. 95 May 96 Apprentice, Jerry's Floor Store March 94- Aug. 95 Subcontractor, Research Reality May 93-Jan. 94 EDUCATION: Diploma, Blaine High School,1994 Diploma, Alexandria Technical College Earned a Fluid Power Specialist certification from the Fluid Power Association. INTERESTS & ACTIVITIES: Weightlifting • Nearly all outdoor activities • STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION • CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 4197 www.bca. state .mn.us (651) 642-0670 TTY (651) , 282-65S5 Date : 2003/05/15 Name: BUCHANAN, TERRY DOB: 1975/01/14 SEQ ##: 1071 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. • The .result of this search indicates that no record was found based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels . If you have questions about this record please contact the telephone number above . y, :� Y,� rf r/ �C .:� �'/ 1 � �/!'•'� �.'•�1 �. �/� .%� ��",/\ I'. "'� I,;1 I ` '.! \ ��'%.�� �� a/ ti � I� .1� ��. ^, 1 a� 1 I i I f�..--if f � _ }, �•._,. ... I f'... I`� �.I , �-.,. � i �. f�` �. I '��, ' I } r.... .... f JnxL •'p f ��?� Fig I: Yom; /"� ; = enoaoflaou naucatica�� �I -o f �... .fir � I f r-.�f� 'I� •� � i,.,., +f!, f f '.�, f c f �il u 1 I I 1 I I Page l of 6 Minnesota Statutes 2002,Chapter 53A. Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. A.01 53A.01 Definitions. Subdivision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Currency exchange" does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one P ercent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. HIST: 1989 c 247 s l; 1995 c 202 art 1 s 25 =53A.02 53A.02 License. Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be ed or renewed under this chapter if the place of business to perated under the license is located or proposed to be bated within one-half mile of another licensed currency exchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures involved. Subd. 3. Prohibition. A licensee may not contract with another person or business entity to manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency exchange facility. HIST: 1989 c 247 s 2; 1992 c 504 s 2 53A.03 53A.03 Application for license; fees. (a) An application for a license must be in writing, under oath, and in the form prescribed and furnished by the commissioner and must contain the following: (1) the full name and address (both of residence and place of business) of the applicant, and if the applicant is a partnership or association, of every member, and the name and business address if the applicant is a corporation; (2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the applicant; and 10s) the applicant's occupation or profession, for the ten y immediately preceding the application; present or previous connection with any other currency exchange in this or any other state; whether the applicant has ever been convicted of any crime; and the nature of the applicant's occupancy of the llttp://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 7/9/2003 Page 2 of 6 premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this agraph must be required of each partner and each officer, ector, and stockholders owning in excess of ten percent of e corporate stock of the corporation. (b) The application shall be accompanied by a nonrefundable fee of $1,000 for the review of the initial application. Upon approval by the commissioner, an additional license fee of $500 must be paid by the applicant as an annual license fee for the remainder of the calendar year. An annual license fee of $500 is due for each subsequent calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state treasury and credited to the general fund. Upon payment of the required annual license fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of criminal apprehension as a condition of licensure. As part of the background investigation, the bureau of criminal apprehension shall conduct criminal history checks of Minnesota records and is authorized to exchange fingerprints with the Federal Bureau of Investigation for the purpose of a criminal background check of the national files. The cost of the investigation must be paid by the applicant. (d) For purposes of this section, "applicant" includes an employee who exercises management or policy control over the company, a director, an officer, a limited or general partner, a manager, or a shareholder holding more than ten percent of the 0 standing stock of the corporation. HIST: 1989 c 247 s 3; 1992 c 504 s 3; 1993 c 354 s 1; 1999 c 223 art 2 s 2 =53A.04 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days 0 eceiving the notice of a denial, request a contested case ing pursuant to chapter 14; provided that if the denial is H�5'ed upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's http://www.revisor.leg.state.nm.us/cgi-bin/getstatchap.pl 7/9/2003 Page 3 of 6 refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. �(d) The state shall have no responsibility for the action the governing body. HIST: 1989 c 247 s 4; 1992 c 504 s 4 53A.05 53A.05 Change of name, ownership, or location. Subdivision 1. Name or location. If a licensee proposes to change the name or location of any or all of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner shall not approve a change of location if the requirements of sections 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commissioner shall issue an amended license in the licensee's new name or location. A $100 fee must be paid for the amended license. Subd. 2. Ownership. The licensee shall notify the commissioner 30 business days in advance of any change in ownership of the currency exchange. The commissioner may revoke the currency exchange license if the new ownership would have resulted in a denial of the initial license under the provisions of chapter 53A. HIST: 1989 c 247 s 5; 1992 c 504 s 5; 1999 c 223 art 2 s 3 ==53A.06 • 53A.06 Fine, suspension, or revocation of license. (a) The commissioner may suspend or revoke any license under section 45.027 if the commissioner finds that: (1) the licensee has failed to pay the annual license fee or to maintain in effect the required bond or to comply with any order, decision, or finding of the commissioner under this chapter; (2) the licensee, or any officer or director of a corporate licensee, has violated any.provision of this chapter or any rule or order of the commissioner under this chapter or chapter 45; (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which would indicate that the person is untrustworthy or not qualified to operate a currency exchange; or (4) any fact or condition exists which, if it had existed at the time of the original or renewal application for the license, would have warranted the commissioner refusing the issuance of the license. (b) A license may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affect the licensee's civil or criminal liability for acts committed before the Oender, or affect the liability on the bond required by ions 53A.01 to 53A.13, or entitle the licensee to a return any part of any license fee. (d) Before suspension or revocation of the license, the commissioner may fine a licensee for violations of this chapter http://www.revisor.leg.state.rrm.us/cgi-bin/getstatchap.pl 7/9/2003 Page 4 of 6 as authorized under chapter 45. HIST: 1989 c 247 s 6 ==53A.07 53A.07 Filing of fees; unreasonable fees. • . ..Subdivision 1. Approval of fees. Fees charged at each location for check cashing services must be filed with and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments with the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a currency exchange if they are not fair and reasonable. In determining whether a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check cashing services in the state of Minnesota; (2) the income, cost, and experience of the operations of currency exchanges existing prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; 04) the general cost of doing business, insurance costs, urity costs, banking fees, and other costs associated with the operations of the particular currency exchange; (5) a reasonable profit for a currency exchange operation; and _ (6) any other matter the commissioner deems appropriate. The commissioner shall set a separate rate, consistent with the above standards, for checks issued by a government entity in an amount up to $500 to be cashed by a currency exchange. HIST: 1989 c 247 s 7 ==53A.08 53A.08 Bond. Before a license may be issued to a currency exchange, the applicant shall file annually with and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the commissioner and is for the benefit of creditors of the currency exchange for liability incurred by the currency exchange on money orders issued or sold by the currency exchange, for liability incurred by the currency exchange for sums due to a payee or endorsee of a check, draft, or money order left with the currency exchange for collection, and for liability incurred by the currency exchange in ection with providing currency exchange services. The ssioner may require a licensee to file a bond in an a tional amount if the commissioner considers it necessary to meet the requirements of this section. In determining the additional amount of the bond which may be required,uired th Y q e commissioner may require the licensee to file its financial http://www.revisor.leg.state.mn.us/egi-bin/getstatchap.pl 7/9/2003 Page 5 of 6 records, including all bank statements, pertaining to the sale of money orders for the preceding 12-month period. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. Q HIST: 1989 c 247 s 8; 1992 c 504 s 6 A.081 53A.081 Annual report and investigations. Subdivision 1. Annual report. On or before April 30, a licensee shall file an annual report with the commissioner for the previous calendar year. The report must contain information that the commissioner may reasonably require concerning, and for the purpose of examining, the business and operations of each licensed currency exchange. Subd. 2. Investigation. The commissioner may at any time investigate the currency exchange business of any licensee and of every person, partnership, association, and corporation engaged in the business of operating a currency exchange in the manner provided under section 45.027. Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or investigation in the manner provided under section 60A.03, subdivision 5. Subd. 4. Classification of data. Financial information on individuals and businesses that is submitted to the commissioner in the annual report under subdivision 1 are private data on individuals or nonpublic data. HIST: 1992 c 504 s 7; 1996 c 439 art 1 s 6; 1Spl997 c 3 s 19; 2001 c 208 s 2 0 09 53A.09 Powers; limitations; prohibitions. Subdivision 1. Deposits; escrow accounts. A currency exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks. Subd. 2. Gambling establishments. A currency exchange located on the premises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under section 256.9831, subdivision 3. HIST: 1989 c 247 s 9; 1996 c 465 art 3 s 1 53A.10 53A.10 Violations. Any person, firm, association, partnership, or corporation that violates this chapter shall be guilty of a misdemeanor. HIST: 1989 c 247 s 10 ==53A.11 53A.11 Books of account; annual report. The licensee shall keep and use in the licensee's business Os books, accounts, and records that will enable the Issioner to determine whether the licensee is complying with chapter and with the rules adopted by the commissioner. A licensee shall preserve the books, accounts, and records for at least two years after making the final entry. http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 7/9/2003 Page 6 of 6 HIST: 1989 c 247 s 11 ==53A.12 53A.12 Rules. The commissioner may adopt rules under chapter 14 as may be essary to administer and enforce this chapter. HIST: 1989 c 247 s 12 ==53A.13 53A.13 Fee notice; false advertising; penalty. Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering any service authorized by sections 53A.01 to 53A.13 must be prominently displayed on the premises of the currency exchange in the fashion required by the - commissioner. Subd. 2. False advertising. A licensee may not advertise, print, display, publish, distribute, or broadcast any statement or representation that is false, misleading, or deceptive, or that omits material information. Subd. 3. Civil liability; penalty. A person who violates any subdivision of this chapter is liable to the person damaged by the violation for actual damages. The court may award reasonable attorney fees and costs. HIST: 1989 c 247 s 13 53A.14 53A.14 Repealed, 1992 c 504 s 8 53A.misc2002 Minn. Stats. repealed, etc. secs in chap 53A �3A.14 Repealed, 1992 c 504 s 8 http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 7/9/2003 The licensee under this ordinance, whether or not he is in direct control of an amusement device • described in Section 23-2102 hereof,or the premises upon which said amusement device is located, may be charged under this ordinance for any violation thereof, by virtue of his in direct control of said amusement device and premises, resulting from his being the licensee. CURRENCY EXCHANGES Section 23-2201. LICENSE REQUIRED; DEFINITION. No person shall engage in the business of currency exchange within the City of Brooklyn Center without a license as provided by Minnesota Statutes, Chapter 53A. The term "Currency Exchange" has the meaning given in Minnesota Statutes, Section 53A.01, Subd. L Section 23-2202. ACTION ON REFERRAL FROM COMMISSIONER. A. Upon referral of an application for a currency exchange license from the Commissioner of Commerce and upon completion of statutory procedures for the consideration thereof, the Council may approve the application, decline to act(in which case concurrence will be presumed by operation of law), or disapprove the application. If the application is disapproved,the Council shall state its reasons therefore. Notice of disapproval may be communicated to the Commissioner of Commerce before the completion of a resolution stating such findings when necessary to avoid a presumption of concurrence. B. Disapproval of an application may be based on one or more of the following grounds,in addition to any other ground allowed by law: I. Violation of any provision of the state currency exchange law contained in Minnesota Statutes, Chapter 53A. 2. The applicant is not at least eighteen(18) years of age. 3. The applicant is not the real party in interest in the application. 4. The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. 5. The applicant or its proposed business location does not comply with applicable zoning, building, fire, and health codes. 6. The license or permit was procured by misrepresentation of material facts, fraud, deceit, or bad faith. 7. The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. 8. The license or permit was issued in violation of law, without authority, or under a material mistake of fact. • City of Brooklyn Center 23-80 Ci ty Ordinance 9. (a) The licensee or applicant(or any person whose conduct may by law be imputed • to the licensee or applicant) has violated or performed any act which is a violation of,any of the provisions of these chapters or of any statute,ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; (b) The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or (c) The licensee or applicant(or any person whose conduct may by law be imputed to the licensee or applicant)has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an inference of lack of fitness or good character may be drawn. 10. The licensed business, or the way in which such business is operated,maintains or permits conditions that unreasonably annoy, injure, or endanger the safety,health, morals, comfort, or repose of any considerable number of members of the public. 11. The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse,assaults,or violent actions done to others,including,but not limited to,actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes Sections 609.342 through 609.3451; sexual abuse, physical abuse, or maltreatment of a child as defined in Minnesota Statutes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.02, subdivision; 609.321 through 609.3451; or 617.246;neglect or endangerment of a child as defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery,transportation,exchange,or barter of a controlled substance as defined in Minnesota Statutes Chapter 152;the possession of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others;or by the abuse of alcohol or other drugs,that such licensee or applicant is not a person of good moral character or fitness required to engage in a licensed activity,business, or profession. 12. The applicant or someone acting on his or her behalf or under the applicant's direction or control has violated any of the provisions of Section 23-2203. • City of Brooklyn Center 23-81 Ci ty Ordinance C. Persons and Corporations. If an applicant is a partnership,the application may be denied • if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any(i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation,or(iii)employee of the enterprise having policy or management control over the enterprise. Section 23-2203. RESTRICTIONS. All Currency Exchanges shall be operated and maintained in accordance with the requirements of state law and of this section: A. The business may not be advertised with back lighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty(3 0)percent of the window area and shall not block views into the building at eye level. B. The window and door area of any existing first floor fagade that faces a public street or sidewalk shall not be reduced,nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor fagade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. • D. The use of bars,chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. E. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred(100)feet shall be inspected regularly for purposes of removing any litter found thereon. F. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. L The business premises shall not be located within 300 feet of,or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as any of the following uses: a school, day care center, church, hospital, on-sale liquor establishment,halfway house,theater,residence,pawnshop,secondhand goods dealer,tattoo establishment,body piercing establishment, massage parlor, or another currency exchange. • City of Brooklyn Center 23-82 Ci ty Ordinance Section 23-2204. SEVERABILITY. If any part of this ordinance shall be adjudged to be • invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section 23-2205. PENALTY. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and subject to a find not to exceed $1,000 or imprisonment for a period not to exceed ninety (90) days or both, together with the costs of prosecution. Such penalty may be imposed in addition to a decision by the Council to disapprove applications for new licenses or license renewals. TATTOO AND BODY PIERCING ESTABLISHMENTS Section 23-2301. FINDINGS AND PURPOSE. The purpose of this section is to regulate the business of tattooing and/or body piercing in order to protect the general health, safety,and welfare of the community. a. The City Council finds that the experience of other cities indicates that there is a connection between tattooing/body piercing and hepatitis and other health problems. b. The City Council finds that stringent regulations governing tattooing and body piercing can minimize the hepatitis and disease risk, and therefore protect the general health, safety, and welfare of the community. c. It is not the intent to prohibit tattoo and/or body piercing establishments from having a • reasonable opportunity to locate in the City. Section 23-2302. DEFINITIONS. The following words and terms when used in Sections 23- 2301 through 23-2314 shall have the following meanings unless the context clearly indicates otherwise: a. Body Piercing: Penetrating or making a hole in or through the human body to place jewelry or objects of metal,plastic,wood,bone,or other foreign material on any area for cosmetic purposes. b. Branding: The use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing. C. Clean: The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. d. Operator: Any person who performs or practices the art of tattooing and/or body piercing on another person in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the owner of the business or its patrons. • City o f Brookl y n Center 23-83 City Ordinance City Council Agenda Item No. 9a r • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Sp cialist Subject: City Council Consideration Item - Planning Commission Application No. 2003- 010 Date: July 23, 2003 On the July 28,2003 City Council Agenda is Planning Commission Application No. 2003-010 submitted by David Lutz (SPM Construction Company) requesting Preliminary Plat approval to divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast corner of Shingle Creek Parkway and 69th Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003-010 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the • Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their July 28, 2003 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. I • Application Filed on 6-26-02 City Council Action Should Be Taken By 8-25-03 (60 Days) Planning Commission Information Sheet Application No. 2003-010 Applicant: David Lutz (SPM Construction Company) Location: Southeast Corner of Shingle Creek Pkwy and 69th Avenue North Request: Preliminary Plat Approval The applicant, David Lutz on behalf of SPM Construction Company, is seeking preliminary plat approval to divide and combine part of the Palmer Lake Plaza site (6850, 6860, 6870 Shingle Creek Parkway)with a vacant triangular parcel of land to the west along with surplus Shingle Creek Parkway right of way that is proposed to be vacated. The division/combination would create two parcels of land, one containing the existing Palmer Lake Plaza building and the other a new site for proposed development by Holiday Companies for a food distribution center. The properties under consideration are zoned I-1 (Industrial Park) and include Tracts D,H, I and L of RLS 1499 (Palmer Lake Plaza site); Tract K, RLS 1499 (vacant land); and surplus right of way lying west of Tract K and east of Shingle Creek Parkway that is proposed to be vacated. They are surrounded on the north by 69th Avenue North with R-1 zoned land on the opposite side of the street containing Palmer Lake area; on the east by Shingle Creek and the Shingle Creek • green strip; and on the south by Shingle Creek Parkway with C-1 (Service/Office)property containing the Spiritual Life Church and R-3 (Multiple Residence)property containing townhomes on the opposite side of the street. The proposed plat, to be known as Wirth Addition,would create two parcels of land. Lot 1, Block 1, would be 426,896 sq. ft. in area(9.80 acres) and contain the existing Palmer Lake Plaza office/industrial complex, which is made up of three attached buildings of 136,092 sq. ft. and accessory parking and loading space. The proposed Lot 2, Block 1, would be 182,541 sq.ft. in area(4.19 acres) and is proposed under Planning Commission Application No.2003-011 for use as a Holiday Stationstores, Inc. commissary, which is a support facility where fresh and frozen sandwiches are assembled and distributed. The building would also serve as a minor training facility and have a small warehouse component. Lot 2 includes 28,251 sq. ft. of surplus right of way that once contained Shingle Creek Parkway where it intersected with 69th Avenue North. A realignment project was undertaken a number of years ago allowing Shingle Creek Parkway to connect directly with a widened 69th Avenue North to become the main throughway to Brooklyn Boulevard. Sixty-ninth Avenue North now intersects to the east of the throughway. Sanitary sewer and water main still exist in the surplus right of way and an appropriate easement will need to be prepared and filed to protect these public utilities if the surplus right of way is to be vacated. A street vacation ordinance has been offered to the City Council for first reading on their July 14, 2003 agenda. This vacation must be accomplished prior to final plat approval. • 7-14-03 Page 1 No access to the proposed Lots 1 and 2 from 69th Avenue North should be granted in keeping • with the City's access restriction policy preventing access to the industrial park from 69th Avenue North. This policy has been in place since the development of the industrial park in the late 1960's. Shingle Creek Parkway has a median restricting full access and turning movements to certain already established median breaks. One such median break exists at Freeway Boulevard and Shingle Creek Parkway in the immediate vicinity of this preliminary plat. The proposed Lot 2 will be allowed a right in, right out only access onto Shingle Creek Parkway requiring the need for a cross access agreement for Lot 2 over Lot 1 so that full access can be provided to Lot 2 at Freeway Boulevard. The Zoning Ordinance requires a 50 ft.buffer and setback area where I-1 zoned property is across the street from R-1, R-2 or R-3 zoned Rroperty. Such a situation exists along the northerly side of both of the proposed Lots 1 and 2 (69' Avenue North) and along the southerly side of the proposed Lot 2 and a small portion of the proposed Lot 1 (Shingle Creek Parkway up to Freeway Boulevard). The proposed division of the Palmer Lake Plaza site will allow for 377 parking spaces for the site. The current office/industrial ratio of the buildings is 60,536 sq. ft. of office and 75,546 sq. ft. of industrial/warehouse space requiring 275 parking spaces for the office parking requirement and 95 parking spaces for the industrial parking requirement for a total of 370 spaces. The proposed division will leave enough parking spaces to accommodate the current office/industrial ratio. The owners of Palmer Lake Plaza have indicated that they wish to increase the office • occupancy by 14,800 sq. ft. in January 2004 to accommodate the future expansion of an existing tenant which would necessitate the need for 30 more parking spaces for a total of 407 parking spaces on the site. The owners plan to submit a PUD rezoning and development plan proposal that they believe will be able to provide the ability to expand parking for the site based on the current platting proposal. The PUD application will be filed by July 17, 2003 for consideration by the Planning Commission as the August 14, 2003 meeting. In the mean time, this preliminary plat can proceed but it must be with the clear understanding that if the PUD is not approved, or some other alternative is not approved, and the plat is filed, the proposed January 2004 modifications will not be allowed to be made based on a lack of appropriate parking meeting the minimum requirements of the zoning ordinance. The Public Works Director/City Engineer is reviewing the preliminary plat and will be offering his written comments, which will be attached for the Commission's review. No Watershed Management Commission review is required. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions: 7-14-03 Page 2 • 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An appropriate cross access agreement allowing access from the proposed Lot 2 through the proposed Lot 1 shall be developed and filed with the final plat. 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall be filed with the final plat. 5. The proposed division/combination comprehended under this preliminary plat allows for 377 parking spaces on the Palmer Lake Plaza site (proposed Lot 1), which will accommodate a 60,546 sq. ft. office and 75,546 sq. ft. industrial/warehouse occupancy of the building. • • 7-14-03 Page 3 r��ae r���rtr�ettrrrr �rrr� rrrrrrrrtrttrtr� 111191 i iiiiirtrt iii �► r tai 5:22 slam 7% �..4 s :T • � 1 f� � Gr y Sy'1 { .tti �P'r 1Y�79� �4 ..,r.+: � .� •`. . � �lsi1 Sit F fns i u:•r �� � ��� :ter?; RM MAN NONE ,. >, . rr ` �� �r 'rte �� �• � �� •1�)•. 1. ��' ' • �►� '�''♦' 'fir A �►� �t�,�, ♦�,�i ��'�` r r�.� �,�'�` ♦� � ���°� r �: :� � _.`�C :� :•• �a "� •• °� �: Irk ii �� ■n■� =ice ter' - m W-M> air+ # 1"V^' - ° a,tix� A y"AbZar VMS x Erb ^r " n g r 01 „ k+ A `` ,. >.. him # -^. •' '` %- t r, as"` }, gsx.`�v'� ='ta}.h C°._-,- ,,# "�P,�• a .>"z`, �- a � .2+.. n'. .. 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I ka'SITE INFORMATION" N ,wr. / 1��•/ \ -'E '9� .f�1�` ve'Y' ' ~ l I ! 1� ,,,I Z U C � �` e-...•w�N.wsµ.:o,,rm,�."vla•..i...d o,..:•. ..I� ..ur..c.."...I .� T '<`` �\\ "'' `�`. ."—r..••. ..�'". I= ��ECero.ar� ax �;ya�o� `� �v I��a, \ -^+` \ �` � �:•,, � a nwr unuapuo muxa[u[ • Ns •uiommo-nY Recmc uv[ c..u»uu.•.w.."s..u.lr....".°u MI xa n.:u x.x• F,.roua xuvl.I w.- 1e � • .nm waMar rainy /i� !fi•- '- y� Il —.p- n. .....� v.:lM..+.....,. a.. .... o s".rvlr x"A II Y I T, W_ p z D ?J9'�9 W W C~j d es� 1e• hr^ i—s o L 4p • MEMORANDUM DATE: July 15, 2003 TO: Ron Warren,Planning and Zoning Specialist b FROM: Todd Blomstrom,Director of Public Works SUBJECT: Preliminary Plat Review for Wirth Addition Wirth Companies The Public Works Department has reviewed the Preliminary Plat dated June 25,2003 for the Wirth Addition. The following comments and recommendations are provided for your consideration. Street Right-of-Way The property owner has met with City staff to discuss the potential of vacating a portion of right- of-way located to the north of the current alignment for Shingle Creek Parkway. The portion of right-of-way prorsed to be vacated is located along a section of Shingle Creek Parkway that terminated at 69' Avenue prior to reconstruction in 1994. The portion of Shingle Creek • Parkway adjacent to the site was shifted to the southwest and 69th Avenue was terminated at Shingle Creek Parkway with the 1994 reconstruction project. The City did not vacate the unused portions of right-of-way that are no longer necessary for public street after reconstruction was complete. Public Utilities Water main and sanitary sewer extend through the western portion of the site along the former alignment of Shingle Creek Parkway. These utilities were not relocated when Shingle Creek Parkway and 69th Avenue were relocated during reconstruction. The dedication of a permanent drainage and utility easement over the existing utilities will be required if the unused portion of public right-of-way is to the vacated. Recommendations: 1. The south property line within the proposed right-of-way to be vacated shall be shifted north to provide a minimum of 1-foot of separation between the existing sidewalk and the property line. 2. Beginning at a point 410 feet west of the existing site entrance,the south property line shall be shifted north to provide a minimum of 10-feet of separation between the existing sidewalk and the proposed property line. This is to allow for the construction of a future right turn bay along Shingle Creek Parkway at 69th Avenue North. • G:\Depts\Public Works\Engineering\Development&Planning\Wirth Plat\Preliminary Plat Review.doc i i I A 25-ft radius shall be provided at the property corner in the northeast quadrant of the intersection of Shingle Creek Parkway and 69 th Avenue North. 4. The portion of the platted area for public right-of-way shall be appropriately labeled on the p lat. 5. The Plat shall include a permanent drainage and utility easement over the existing utilities within the site. The easement s ment shall extend 15-feet on both sides of the parallel sanitary sewer and water main located within the site. 6. The plat shall be revised to reflect the location of storm sewer along Shingle Creek Parkway. Contact John Harlow or Dave Peterson at 3- 76 585-7 190. 7. Vacation of right-of-way must be completed by City Ordinance prior to release of the Final Plat. 8. The Final Plat shall address Item No. 1 of the notes to include all existing easements based on current deed and title information. • GADepts\Public Works\Engineering\Development&Planning\Wirth PlatTreliminary Plat Review.doc MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 17, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. John Whitehead was absent and excused. APPROVAL OF MINUTES —May 29 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the May 29, 2003 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the • Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003-010 DAVID LUTZ (SPM CONSTRUCTION COMPANY Chair Willson introduced Application No. 2003-010, a request for preliminary plat approval to divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast corner of Shingle Creek Parkway and 69th Avenue North. Mr. Warren presented the staff report for Application No. 2003-010 which consists of a preliminary plat that will divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast corner of Shingle Creek Parkway and 69th Avenue North. One parcel would contain the existing Palmer Lake Plaza building and the other a new site for a proposed development by Holiday Companies for a food distribution center. (See Planning Commission Application No. 2003-010 dated 7-17-03 and the Director of Public Work's memo dated 7-16-03, attached.) PUBLIC HEARING—APPLICATION NO 2003-010 There was a motion by Commissioner Newman, seconded by Commissioner Rahn,to open the public hearing on Application No. 2003-010, at 7:53 p.m. The motion passed unanimously. Chair Willson called for comments from the public. • 7-17-03 Page l Mr. Neil Johnson, Project Manager for Ryan Companies, and Jeff Bornmann, Wirth Companies, • introduced themselves. Commissioner Boeck inquired about the proposed addition to the existing Palmer Lake Plaza. Mr. Jeff Bornmann explained that they would not be adding to the building but rather the "tenant mix" would be changing which would increase the office occupancy in the building. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003-010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003-010, at 8:00 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003-010 DAVID LUTZ (SPM CONSTRUCTION COMPANY There was a motion by Commissioner Boeck, seconded by Commissioner Newman,to recommend to the City Council that it approve Application No. 2003-010, submitted by David Lutz of SPM Construction Company for Preliminary Plat approval to divide and combine five tracts of land and surplus right-of-way into two arcels at the southeast corner of Shingle Creek p g Parkway and 69th Avenue North subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An appropriate cross access agreement allowing access from the proposed Lot 2 through the ro osed Lot 1 shall be developed and file P p p d with the final plat.: 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall al be 1 fi ed with the final plat. 5. The proposed division/combination comprehended under this preliminary plat allows for 377 arkin s on the p g aces p Palmer Lake Plaza site (proposed Lot 1), ill h hiwc w accommodate a 60,546 s . ft. office and 75 546 s q . ft.q industrial/warehouse occupancy of the building. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman,Rahn, and Reem. The motion passed unanimously. i 7-17-03 Page 2 The Council will consider the application at its July 28, 2003 meeting. The applicant must be • present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2003-011 HOLIDAY STATIONSTORES INC Chair Willson introduced Application No. 2003-011, a request from Holiday Stationstores, Inc. for site and building plan approval to construct a 43,761 sq. ft. commissary building on a newly created parcel of land at the southeast corner of Shingle Creek Parkway and 69th Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 7-17-03 for Application No. 2003-011.) He pointed out that as was indicated in the report for the preliminary plat under Application No. 2003-010,the Wirth Companies will be seeking a PUD rezoning of the properties to provide a Planned Unit Development justification for additional parking on the Palmer Lake Plaza building. The applicant may make some adjustments to coincide with the other submittal, which will be incorporated with the Planned Unit Development proposal. Mr. Warren recommended that this application be tabled to allow the applicant to submit their proposal as part of the Planned Unit Development rezoning and development plan process. Chair Willson asked the applicant if they understand the process for tabling their application and reviewing it later with the PUD application. Mr. Victor Sacko,Holiday Stationstores,responded that they do understand and that there is a sense of urgency to get approval on the application as ' • they are anxious to build. He added that they hoped to keep their business in Brooklyn Center and find this site to be a good fit. They plan to improve the site with added landscaping. There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to table Planning Commission Application No. 2003-011, submitted by Holiday Stationstores, Inc. The motion passed unanimously. The Planning Commission recessed at 8:24 p.m. and reconvened at 8:32 p.m. OTHER BUSINESS Mr. Warren stated that he has been requested by the developer of 69th &Brooklyn Boulevard to ask the Planning Commission to consider a minor amendment to the PUD that was approved for this site. He explained that the original plan granted approval of a 4,300 sq. ft. restaurant or retail building. It was assumed that a retail use would occupy approximately 7,000 to 8,000 sq. ft. based on the parking plans. The developer is are now in discussion with an auto parts store and additional square footage would be necessary to accommodate the building. They have requested consideration to alter the location and size of the building as a minor amendment. Mr. Warren asked for the Planning Commission's input regarding the possible need for a formal amendment to the Planned Unit Development. It was the consensus of the Planning Commission that resubmittal through the PUD process is not necessary for minor modifications to the approved plan and the developer can proceed to • alter the proposed location of the building provided all other aspects of the PUD are unchanged. 7-17-03 Page 3 • Commissioner Reem inquired about the status of various locations around the city. The Commission also briefly discussed the location and safety related issues of the temporary bus transfer point along Xerxes Avenue North and 56th Avenue North. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman,to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:52 p.m. Chair Recorded and transcribed by: Rebecca Crass • 7-17-03 Page 4 • City Council Agenda Item No. 10a i Cit y o f Brooklyn Center B y A Millennium Community • To: Mayor Kragness and Council Members Carmody, Lasman,Niesen, and Peppe From: Michael J. McCaule City Manager Date: .July 24, 2003 Re: Taxicab Licensing The City Council has been contacted regarding taxicab regulation. Council Member Carmody spoke with Tim Crandall from a taxicab company who wished to address the City Council regarding the City ordinance. Attached is some background material on the ordinance and the genesis of police enforcement efforts. • OI Shingle Creek Parkway ' Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number(763) 569-3300 FAX(763) 569-3434 FAX(763) 569-3494 www.cityo fbrooklyncenter,org �RppKLYN CElyrFq BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police DATE: July 24, 2003 SUBJECT: Taxicab License/Permit Enforcement Officers of the Brooklyn Center Police Department have stepped up their enforcement of City ordinance 23-702 which requires taxicabs and their drivers operating in the City of Brooklyn Center to be licensed by the Metropolitan Airports Commission. The enforcement effort resulted from complaints received at the Brooklyn Center Police • Department from a number of businesses adjacent to the MTC bus stops in the 5500 and 5600 blocks of Xerxes Avenue North. The taxicabs were using the parking lot of Brookdale Shopping Center, adjacent to the MTC bus stop, as a cabstand. The Brooklyn Center Police Department responded to disturbance/fight calls between cab drivers engaged in verbal and physical confrontations over fares. Brookdale no longer allows taxicabs to park on their property unless they are there to conduct business at one of the mall stores. The taxicabs moved to the business parking lots and access roads across the street from the bus stop. The Brooklyn Center Police Department began receiving complaints from these business owners/operators, i.e. Pearl Vision, McDonalds, and Wendy's regarding the taxicabs using their lots as cabstands. The complaints received dealt with the cabs taking up customer parking, traffic congestion on caused by the cabs stopping in driving lanes, and safety concerns with the cabs parking at or across from the entrance/exit to their businesses. The enforcement effort has shown that a large majority of the taxicabs encountered do not have a J y MAC license, a number of them do not have a license from any City, drivers that have suspended, revoked, or limited drivers licenses, and cabs that are uninsured. The enforcement effort is to assure that those taxicabs operating in the City of Brooklyn Center are providing a safe mode of transportation for the citizens of the City. The license requirement • is one tool to assure that the taxicabs are mechanically sound, the drivers have valid drivers licenses, and the taxicabs are insured. /cl MEMO • DATE: July 24, 2003 TO: Mike McCauley, City Manager FROM: Curt Boganey, Assistant City Manage SUBJECT: Taxi Cab License - Mr. Tim Crandall of All Around Taxi Appearance On April 14, 2003, the City Council adopted an ordinance Repealing Chapter 21 and adopted a new ordinance regarding taxicabs with language incorporated into Chapter 23. This action occurred following an Open Forum presentation from Kenneth Ewer of All Around Transportation and Michelle Reinke of Airport and Town Taxi regarding taxicab- licensing requirements on January 13, 2003. The issues raised were insurance coverage requirements and the separate licensing of drivers and companies. At its February 24, 2003, Work Session, the City Council reviewed the materials provided and discussed taxicab licensing regulations. Included in the materials was information illustrating the fact that the City's insurance limits were recommended by American Risk Management and a taxicab survey of other cities. Following the • discussion, it was the consensus to further explore the issue of removing taxicab licensing from the City's Ordinance. On April 14,2003 the new ordinance was adopted. The most significant elements of the new ordinance are as follows: • The City of Brooklyn Center no longer directly licenses taxicabs; • All taxicabs operating in Brooklyn Center must be licensed by the Metropolitan Airports Commission(MAC), except; • Taxicabs licensed by another municipality may carry passengers from another city into Brooklyn Center, but may not solicit business or pick up passengers within the City unless licensed by the MAC. • i Office of the .City Clerk City. of Brooklyn Center ffi A Millennium Community • MEMORANDUM TO: Michael J. McCauley,City Manager FROM: Sharon Knutson, City Clerk DATE: April 7, 2003 SUBJECT: Public Hearing: An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs' At its March 24, 2003, meeting, the City Council adopted first reading of An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs and set April 14, 2003, as second reading and public hearing. Attached are the materials from the March 24, 2003, City Council meeting. Attachments • 0001 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 ww w.cityolbrooklyncenter.org i CITY OF BROOKLYN CENTER • Notice is hereby eb y given that a public hearing will be held on the 14th day of April, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding taxicabs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE N0. AN ORDINANCE REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21, Public Transportation, of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. Section 2. Chapter 23, General Licensing Regulations, of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new sections: TAXICABS Section 23-701 DEFINITIONS. Unless the context otherwise clearly indicates the following terms as used in this Section shall have the meanings given them in this Section a. "Taxicab" means any motor vehicle as defined in Minnesota Statutes 169.01 engaged in carrying of persons for hire whether over a fixed route or not and whether the motor vehicle is operated from a street stand or subject to Gall from a garage, or otherwise operated for hire The term shall not include motor vehicles subject to control and regulation by the State Public Service Commission motor vehicles regularly used by undertakers in carrying on their business or motor vehicles hired on an hourly basis b. "Taxicab Driver"means any person who drives a taxicab C. "Street" means any street alley avenue court brid-ge land or public place or highway in the City of Brooklyn Center • ORDINANCE NO. Section 23-702. TAXICAB LICENSE REQUIRED No person shall operate a taxicab within the City of Brooklyn Center without displaying a valid taxicab permit decal duly issued by the Metropolitan Airports Commission and without complying with the requirements of said issuing authority (and providing proof thereof) regarding driver qualifications insurance vehicle safety and vehicle inspections Section 23-703. TAXICAB DRIVER'S LICENSE REQUIRED No person shall drive a taxicab within the Citv of Brooklvn Center without possessine a valid taxicab driver's license duly issued by the Metropolitan Airports Commission Section 23-704. DESIGNATION Each taxicab required to be licensed by this Section shall bear signs identifying the vehicle as a taxicab._Such signs shall be on the exterior of the vehicle and shall be visible from each side of the vehicle. Section 23-705. EXEMPTION Any taxicab driver licensed to operate in another City may carry passengers from the City where licensed to any place or point within the City and may freelv travel upon the streets without being licensed in accordance with this Section provided that the taxicab driver shall_ not be Permitted to solicit business or pick up passengers within the City unless the taxicab and the taxicab driver are licensed as required by this Section Section 3. Transitional Provision. Licenses issued under Chapter 21 for the calendar year 2003 will continue to be valid for the year 2003. No license fees will be returned or prorated. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. ATTEST: Mayor City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) Office of the City Clerk City o f Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 17, 2003 SUBJECT: An Ordinance Repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding Taxicabs At its January 13, 2003, Open Forum, the City Council heard from Kenneth Ewer of All Around Transportation and Michelle Reinke of Airport and Town Taxi regarding taxicab licensing requirements. Council direction was for staff to research the issues and report back. At its February 24, 2003,Work Session, the City Council reviewed the materials provided in the agenda packet and discussed taxicab licensing regulations, and it was consensus to further explore the issue of removing taxicab licensing from the City's Ordinances. Attached for Council consideration is an ordinance that repeals the current chapter regarding public transportation and requirements for City taxicab licenses and replaces it with a new ordinance that regulates taxicabs under the Metropolitan Airports Commission standards and regulations. The proposed new ordinance also incorporates taxicab licensing as a Section in Chapter 23, General Licensing Regulations, rather than providing it as a separate Chapter. The issue of taxicab licensing has been reviewed over the past few years by several other cities. In 2000 the Metropolitan Council established a regional task force to review taxicab licensing requirements in the seven-county metropolitan area. One of the main goals of the task force was to eliminate duplication of taxicab Iicensing and develop uniform standards with regard to vehicle inspections, taxicab drivers, insurance requirements, etc. The task force dissolved the end of 2001, but several cities chose to eliminate taxicab licensing and adopt the Metropolitan Airports Commission standards. A copy of the Metropolitan Airports Commission Ordinance No. 81 and Taxicab Manual are attached for review. Attachments 301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX(763) 569-3434 FAX(763) 569-3494 www.cityo.fbrookl,vneenter.org CITY OF BROOKLYN CENTER • Notice is e h reby given that a public hearing will be held on the 14th day of April, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 21 of the City Ordinances of the City of Brooklyn Center and adopting a new ordinance regarding taxicabs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 21 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21, Public Transportation,of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. Section 2. Chapter 23, General Licensing Regulations, of the City Ordinances of • the City of Brooklyn Center is hereby amended by adding the following new sections: TAXICABS Section 23-701. DEFINITIONS 'Unless the context otherwise clearly indicates the following terms as used in this Section shall have the meanings given them in this Section a. "Taxicab" means any motor vehicle as defined in Minnesota Statutes 169.01 enizaged in carryin of persons for hire whether over a fixed route or not and whether the motor vehicle is operated from a street stand or subject to call from a garage, or otherwise operated for hire The term shall not include motor vehicles subject to control and regulation by the State Public Service Commission motor vehicles regularly used by undertakers in carrying their business or motor vehicles hued on an hourly basis b. _"Taxicab Driver"means any person who drives a taxicab C. "Street" means any street alley avenue court bridge land or public place or highway in the City of Brooklyn Center. • ORDINANCE NO. i Section 23-702. TAXICAB LICENSE REQUIRED No person shall operate a taxicab within the City of Brooklyn Center without displayin a valid taxicab permit decal duly issued by the Metropolitan Airports Commission and without complying with the requirements of said issuing authority (and providing proof thereof regarding driver qualifications insurance vehicle safety and vehicle inspections- Section 23-703. TAXICAB DRIVER'S LICENSE REQUIRED No person shall drive a taxicab within the City of Brooklyn Center without possessing a valid taxicab driver's license duly issued by the Metropolitan Airports Commission Section 23-704. DESIGNATION Each taxicab required to be licensed by this Section shall bear signs identifying the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and shall be visible for each side of the vehicle. Section 23-705. EXEMPTION • Any taxicab driver licensed to operate in another Crtv may carry passengers from the City where licensed to any place or point within the City and may freely travel upon the streets without being licensed in accordance with this Section provided that the taxicab driver shall not be permitted to solicit business or pick up passengers within the City unless the taxicab and the taxicab driver are licensed as required by this Section Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) I Cvrren-�- ord�nance_ CHAPTER 21 - PUBLIC TRANSPORTATION • Section 21-101. DEFINITIONS. Unless otherwise expressly stated, whenever used in this ordinance, the following words shall have the following meanings: Taxicabs shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same is operated from a street stand or subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the Minnesota Public Service Commission. Street shall mean and include any highway, street, alley, avenue, court, or lane in the City of Brooklyn Center. Taxicab drivers shall mean and include any person who drives a taxicab, whether such person be the owner of the taxicab or employed by a taxicab owner. Operator shall mean and include any person owning or directing the use of one or more taxicabs used for hire upon the streets of Brooklyn Center. Persons shall mean and include an individual,firm,partnership,association,corporation,or any similar organization. • Taximeter shall mean a meter instrument or device contained in and attached to a taxicab which measures mechanically the distance driven and the waiting time upon which a fare is based. Section 21-102. LICENSE REQUIRED. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab license. Provided,however,that any taxicab licensed to operate in any other municipality of this State may carry passengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed;but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center without being licensed under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the city clerk for such license and must be at least eighteen years of age,must conform to applicable laws of Minnesota,and must furnish to the city. clerk information covering each vehicle to be so licensed, giving the full name and address of the owner, the class and passenger-carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use,the make of vehicle,the vehicle registration number,and such other information as the city clerk may require. The city clerk or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through 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. City of Brooklyn Center 21-1 City Ordinance Section 21-103. INSURANCE POLICIES. Before a license shall be issued to any operator,the • operator shall furnish the city clerk a certificate of insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota(licensed). Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed. The policy shall cover all owned, hired, or nonowned vehicles used by the operator. The minimum limits to be carried shall not be less than: 1. Bodily Injury Liability a. $250,000 each person b. $500,000 each occurrence 2. Property Damage Liability a. $250,000 each occurrence Evidence of such insurance will be in the form of a Certificate of Insurance(A CORD or its equivalent) and shall state that the insurance cannot be canceled, nonrenewed, or undergo any major change in coverage without 30 days prior written notice. Such Certificate shall be furnished to the city clerk prior to the issuance of any license. Section 21-104. TAXICAB FEE. The applicant applying for a taxicab license shall pay an annual license fee, as set forth by City Council resolution, for each vehicle to be so licensed. • Section 21-105. EXAMINATION OF TAXICABS. Pri or t o.the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant applying for a taxicab license shall provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license. Taxicabs must be in a thoroughly safe condition and must be clean,sanitary,and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Section 21-106. DISPLAY OF LICENSES AND MARKINGS. The operator of every taxicab shall display in a conspicuous place on the inside of the taxicab a copy of the license issued for said taxicab. In the event a license is issued covering more than one vehicle,sufficient copies of said license shall be provided to the licensee for each of the vehicles covered. Every taxicab soliciting or accepting business on the streets of Brooklyn Center shall have some designation of the character of the vehicle painted in plain visible letters thereon. • City of Brooklyn Center 21-2 City Ordinance I_ Section 21-107. TAXIMETER REQUIRED. All taxicabs operated under the authority of this • ordinance shall be equipped with taximeters fastened in front of the passengers,visible and readable to them at all times of day and night. The taximeter shall be operated mechanically by a mechanism of standard design and construction,driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. Taximeters shall be sealed at all points and connections to prevent manipulation which would affect recording and reading reliability. The taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each fare trip. Taximeters shall be subject to inspection from time to time by the police department. Upon discovery of inaccurate taximeter operation,the licensee shall be ordered to cease operation until the taximeter is repaired and approved to resume operations upon Brooklyn Center streets. Section 21-108. RATES. Every taxicab operated under this ordinance shall display in view of all passengers a rate card setting forth the authorized rates of fare. Rates charged shall be set forth by City Council resolution. The driver of any taxicab shall,upon demand by the passenger,render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner,license number,amount of meter reading or charges, and date of transaction. Section 21-109. TAXICAB DRIVER'S LICENSE. No person shall drive a taxicab in the City of Brooklyn Center unless said person possesses the appropriate license or licenses required under the • provisions of Minnesota law. Said license or licenses shall be displayed in full view of all passengers while such driver is operating a taxicab. Section 21-110. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part thereof. Section 21-111. PENALTIES. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall,upon conviction thereof,be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. City of Brooklyn Center 21-3 City Ordinance MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY - OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 13, 2003 CITY HALL - COUNCIL CHAMBERS 1• INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness,Councilmembers Kathleen Carmody,Kay Lasman,Diane Niesen,and Bob Pep e. Also present were Cit y y Manager er Michael McCauley,le y Interim Assistant City Manager/Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Kenneth Ewer, All Around Transportation, addressed the Council regarding taxicab insurance coverage and questioned why the insurance limits in Brooklyn Center are so high. • Michelle Reinke,Airport and Town Taxi,requested that the Council consider licensing taxicabs and drivers separately. Mayor Kragness informed Mr.Ewer and Ms.Reinke that staff will research these issues and report back to them. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered the invocation. 3. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered a Ceremonial Oath of Office to Mayor Kragness Y a 7 Councilmember Carmody, and Councilmember Niesen. 01/13/03 -1- Cit y O f Brooklyn Center Office of the City Clerk rookl y A Millennium Community - MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 28, 2003 SUBJECT: Followup on Taxicab Licensing As requested at the January 13, 2003, City Council Open Forum, attached is information Maria Rosenbaum compiled from surrounding cities regarding taxicab licensing. I've also included a copy of Brooklyn Center's taxicab ordinance and a copy of the agenda materials from 1993,the last time the insurance requirements were increased as recommended by the City's risk manager. Please let me know if you need additional information. • Attachments • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center,MN 55430-2199 (763) 569-3400 City Hall & TDD Number(763) 569-3300 FAX(763) 569-3434 FAX 763 569-3494 www.cityofbrooklyncenter.org City of Brooklyn Center A Millennium Community r • MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 27, 2003 SUBJECT: Taxicab Survey I have concluded the taxicab survey and have the following to report. The Metropolitan Airports Commission (MAC) is no longer working with cities regarding the regulation of taxicabs in the metropolitan region. The issue ended in October last year when the cities of St. Paul and, Minneapolis opposed to a joint movement of control. Dave Christenson, from the Metropolitan Council, provided that information since Clarence Shallbetter retired last year. Attached is a table regarding the information gathered and copies of the ordinances that were • available. `Several of the cities surveyed have an ordinance;however,,the ordinance is not regulated.*-,_; None of the cities surveyed have a separate license for the driver of a taxicab. Along with the cities you requested I gathered taxicab information from the;City'dBloomingtonand,n the MAC.. The City of Golden Valley requires taxicabs to be licensed by the City.of Bloomington or� ,,the MAC.- Please let me know if you need any further assistance on this issue. • EM 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(7.63) 569-3494 - City Insurance Ordinance Comments Repealed Re uirements Brooklyn Park $50,000 - bodily injury Yes Only license_ 124-8000 (Linda) �$100,000- for injuries to -companies':: more than one sustained in the same accident They have none in the $25,000 -property City of Brooklyn dama e Park. Columbia Heights No No longer license 706-3678 (Shelly) taxicabs. They do require them to be licensed by another, Crystal No entity. 2000 531-1000 (Janet) Fridley $25,000 - bodily injuries Yes 571-3450 (Deb) Not less than $50,000 because of bodily injury $5,000 against loss for damage to ro erty Golden Valley Yes Taxicabs must be Stopped licensing 593-8000 (Jeanine) licensed by the City of approximately in Bloomington or the June 2001 'JviAC. New Hope $200,000 - bodily injury Yes They have not -31-5100 (Val) $500,000-for injuries to licensed taxicabs in more than one sustained in many years. the same accident $100,000 -property damage Robbinsdale No Approximately 537-4534 (Diane) four to years St. Louis Park Yes Do not license 952-924-2525 (Ann) taxicabs and/or drivers and have not done so in years. Bloomington '$100,000,-t,bodily injury Yes $300;000.- injuries to more than sustained in the same accident $50,000 property damage Metropolitan Minimum of. Yes Airports $200,000 Commission(MAC) I$600,000 612-726-5578 (John) $200,000 • for bodily injury and ro erty damage CITY OF BROOKLYN CENTER council Meeting Date 11!22!93 AS-da Item Number y Q/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: .An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation DEPT. APP L: A Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: # No comments to supplement this report Comments below/attached SUMEVIARY EXPLANATION: (supplemental sheets attached ) John R. Simacek, vice president of American Risk Services, Inc., is recommending updates to the City Ordinances in the area of insurance requirements. Section 21-103 of the City Ordinances reflects his recommendation for increasing the insurance requirements for taxicabs. Section 21-105 adds a requirement for taxicabs to provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license and defines the Twin Cities metropolitan area. This requirement will eliminate our present administrative process to have the taxicab inspected at our inspection station, currently Duke's Amoco. With the elimination of the required inspection at Duke's Amoco, the City will save the cost of the inspection fee ($15 per .taxicab). RECOMMENDED CITY COUNCIL ACTION: Approve for first reading An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation. CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing`day of will be .held on the y , 1993 , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 21 of the City ordinances regarding public transportation. Auxiliary aids for persons with disabilities are available u request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY ORDINANCES REGARDING PUBLIC TRANSPORTATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 21-103 INSURANCE POLICIES. Before a license shall be issued to any operator he shall [deposit the City [ P with] furnish y lerk a certificate[s] of insurance iss ued by a_ n • insurance company who has a Certificate of Authorization from the State of Minnesota (licensed) [duly licensed to transact such business in Minnesota. ] Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death[ , ] or for damages to property resulting rom the any taxicab to beglicensed ownership, maintenance, or use of _. [ , and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy. The limit in any such insurance policy shall be not less than $100, 000 for bodily injuries to or death of one erson $300, 000 on account of an p $ y accident resulting in injuries to and/or death of more than one person at a total of $50, 000 liability for damage to property of others, rising out of any one accident. ] The policy shall cover all owned, hired, or nonowned vehicles used by the operator. The minimum limits to be carried shall' not be less than. I. Bodily Injury Liability a• $250 , 000 each person b. X500 , 000 each occurrence ? Property Damage Liability • a. 250 _ 000 each occurrence ORDINANCE N0. Evidence of such insurance will be in the form of a Certificate of Insurance (ACORD or its equivalent) and shall state that the insurance cannot be canceled nonrenewed or undergo any ma 'or change in coverage without 30 days prior written notice Such Certificate shall be furnished to the city clerk Prior to the issuance of any license Section 21-105 . EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant anplying for a taxicab license shall provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license Taxicabs must be in a thoroughly safe condition and must be clean, sanitary and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka Carver Dakota Hennepin, Ramsey Scott and Washinaton • Section 2 . This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1993 . Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter. ) Nor[hwrst llusinm%(;ampui American Risk Services Inc. 3033 C:aml)ux!hive,Suite A418 • Minneapolis,N1N 55441-2667 Tcl: (6 12)559-7300 Vax:(612)559-7640 November 5, 1993 Ms. Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: City's Ordinance RelzardingTa:acabs Dear Sharon: Per your request I am enclosing my suggested wording for Section 21-103 of CHAPTER 21 - PUBLIC TRANSPORTATION. I am assuming that there are no off-street taxicab stands or parking areas owned by the taxicab companies. If there are, then we should make some additional insurance requirements relative to General Liability coverages. The previous limits of liability under this,ordinance were as follows: Bodily Injury Liability S 100,000 each person S 300,000 each occurrence Property Damage Liability S 50,000 each occurrence In today's values these limits are very low, accordingly,the limits I show arc the recommended limits. I have not contacted the insurance carriers to see the availability of these limits, but will do so and advise you accordingly. I hope this fully complies with your request. Please let me know if you do have any questions. Sin y, t hn R. Simacck Vice President J RS/na • .Enclosure Risk Management . Employer Benefits Consultants CHAPTER 21 - PUBLIC TRANSPORTATION • Section 21-103, INSURANCE POLICIES. Before a license shall be issued to any operator he/she shall furnish the City lerk a Certificate cafe of Insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed). Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injury or death or for damage to property resulting from the ownership, maintenance or use of any taxicab to be licensed. The policy shall cover all owned, hired or non-owned vehicles used by the operator. The minimum limits to be carried shall not be less than: Bodily Injury Liability $ 250,000 each person $ 500,000 each occurrence Property Damage Liability $ 250,000 each occurrence Evidence of such insurance shall be in the form of a Certificate of Insurance (ACORD or it equivalent) and shall state "that the insurance cannot be canceled, nonrenewed or undergo any major change in coverage without 30 days prior written notice. Such Certificate shall be furnished to the City Clerk prior to the issuance of • any license. • i Taxicab Certificate of Insurance :Bodily Injury and Property Damage Liability • Landside Use Only Owner ID AVI Tag# By Date Taxi Owner, Vehicle,find Corn Ru n Information Name of owner Address Name of insured Address of insured Naine of Taxicab Company Taxicab Number Vehicle Identification Number(ViN) _ Vehicle Year Vehicle Make Vehicle Model Insurance Company Information Filed with the Metropolitan Airports Commission, (hereinafter called"the Commission".) This is to certify that the(name of insurance Company) (hereinafter cal Icd" Insurance Company") of (home address of Insurance Company)has issued to the applicant described in"Taxi Owner, Vehicle-and Company Information"above, a policy or policies of insurance at the address of the insured stated in the said policy or policies and continuing until canceled as provided herein,�Insurati e Company affirms that this-policy or policies provide(s)automobile bodily in3ury_and property damage habtitty insiiranc t(N(�niriium of$200,000,$600,000;: 20.0,000)covenii `tfietligaton`simposcd on the —..,- suss ze.x34 s,dot t(�' Ei.�.�y.,� t .: appic:u�t far Commercial Vehicle operation by theprovtstortS of Section4 and;Section"1� S,yOrdin�nce 81 of the.. Metropolitan Airports Commission and the laws of the State of Minnesota. ON =Uftft n, NV enever requested, insurance Company agces to furnish the Commission a duplicate original of the said policy or policies and all endorsement.. thereon. The Policy names the Commission as an additional insured, as well as indemnifying and holding the Commission harmless. The Insurance Company must notify the Commission in writing 10 days before the policy may he canceled or changed by endorsement. The Insurance Company inust notify the Commission immediately in writing that a.Vehicle(s) is being deleted from the policy. Cotintersigned at: Street City State Zip cads This day of Authorized Insurance Company Representative(signature) Insurance Company file No (Policy T) Policy effective from to The above policy is maintained at: -et City State Zipcode Certificate holder: Landside Operations MSP International Airport 4300 Glumack Drivc, St. Paul, MN 55111-3010 Phonc: (612) 726-5463, Fax: (612) 726-560 POLICE DEPARTMENT REORGANIZATION PLAN • Mr. Bech thold presented a PowerPoint presentation on a proposed reorganization plan within the Police Department and discussed that this plan is directed toward improving operations responsiveness. The plan provides the essential structure for the new Crime Reduction Strategy that moves the department from the traditional reactive organization to a proactive organization. Mr. Bechthold discussed the current and the proposed organizational charts. Mr. McCauley discussed that the same coverage will continue, 12 hour shifts,for officers and that the concern with the east and west sides will be an issue to focus on proactively for the entire City. Mr.Bechthold informed that the staff had been presented this plan and there was no opposition to the plan. Councilmember Niesen informed that she is all for proactive goals and that an issue she would like to discuss in the future will be traffic. POLICY ON LIQUOR IN CONSTITUTION HALL Councilmember Lasman inquired if the Council would be interested in exploring the current policy that prohibits alcoholic beverages in City Hall and Constitution Hall. She was approached by the Lions regarding this policy as it would impact a use they might consider for an event in Constitution • Hall. It was the consensus of the Council to leave the policy as it is written. TAXICAB LICENSING REGULATIONS Council discussed the current taxicab licensing procedure. Mayor Kragness questioned why the City of Brooklyn Center's insurance limitations are higher than other cities. Councilmember Niesen questioned who made t_he decision. Mr.McCauley informed that the Council had previously adopted the ordinance and that the limits were suggested from the American Risk Services, Inc. Mr.McCauley inquired if the Council would like staff to explore the option of having the City taken out of the taxicab licensing business. It was the consensus of the Council to explore the issue of removing the taxicab licensing business from the City' Ordinances. A motion by Councilmember Carmody,seconded by Councilmember Lasman to extend the meeting to 11:30 p.m. Motion passed unanimously. • 02/24/03 -2- MAC • TAXICAB MANUAL 01' Iss', P P N 4Z* G • M 2 � + o o c, a 1 G 0 5 Fipov� • Established by the Airport Director Adopted 05-09-1997 Per Ordinance No.El,Section 5.6 Including Addendum through 09-30-2002 Table of Contents I. OPERATING PROCEDURES................................... ................................................3 • A. POST ROAD PROCEDURES/AVI TAGGED TAXIS B. FRONT CURB PROCEDURES......................................................................4 C. SPECIAL REQUEST.......................... ........5 ..................................................... D. SPECIAL CALL ...............................................................................................5 E. HUBERT H. HUMPHREY (H HH) TERIlNAL PROCEDURES..............5 F. REGIONAL TERMINAL................................................................................6 G. GENERAL PROCEDURES H. SPECIAL CIRCUMSTANCES.................................................... .................6 II. VEHICLE STANDARDS............................................................. 7 A. VEHICLE SIZE ..................................................... ...............7 B. SALVAGE VEHICLES 7 C. TAXIMETER REQUIREMENTS/INSPECTIONS.............................. D. LIGHTS.................................................................................. ....8 . ........................ E. STEERING......................................................................... ....8 TIRES G. WHEELS. ...................................................................................................8 ................... . .............................. ....... ..............................9 H. SUSPENSION 1. FRAME..............................................................................................................9 J. BRAKES ............................................................................................................9 K. EMERGENCY BRAKE..................................................................... .......10 L. ENGINE........................................... .............10 . M. TRANSMISSION & DIFFERENTIAL ..........................................................10 N. FUEL SYSTEM......... . ..................... .. ............................ .. .10 O. EXHAUST..........................................................................................................10 P. HORN.................................................................................................................11 Q. WIPERS.............................................................................................................11 R. GLASS................................................................................................................ 11 S. NIIRRORS................................................................ ........11 T. INTERIOR................................................................................................... U. COMMUNICATIONS DEVICE.....................................................................12 V. MAP.......................................................... ......12 W. BODY..................................................................... . .. ............................... .12 X. TRUNK Y. VEHICLE.................. ...................................................................................13 COLOR................................................................. ....................... .. .13 Z. LETTERING............. ........................................ ......................... ..............13 III. APPLICATIONS....................... IV. DRIVER APPEARANCE.................................................... .... ...... ...14 V. ADVERTISING.................................................................................... ................. ..14 VI. TRIP SHEETS........................................................ ......................... VII. VEHICLE TOWING.... ....................................................................... ......15 VIII. RIDERS/TRAINEES....................................................... ......... .............. ..... ...15 1 IX. RECEIPTS.................................................................................................. ..................15 ADDENDUM 07-31-97 VEHICLE COLOR........................................................16 ADDENDUM 07-31-97 VEHICLE APPEARANCE..............................................17 EMERGENCY DECLARATION VOUCHERS...................................................15 ADDENDUM 09-30-02 AIRPORT ASSIGNED TAXICAB NUMBER .......................19 ADDENDUM 09-30-02 ALL WHITE PAINT SCHEME.........................................20 • 2 UNDER THE AUTHORITY OF METROPOLITAN AIRPORTS COMMISSION TAXICAB ORDINANCE INA\CE #81, SECTION 5.6, ALL TAX ICABS PICKIlVG UP AT THE • AIRPORT SHALL FOLLOW THE PROCEDURES AS OUTLINED IN THIS MANUAL. I. OPERATIN G PROCEDURES A. POST ROAD PROCEDURES/AVI TAGGED TAXIS 1. All taxicabs must enter the Post Road holding area prior to being dispatched to the front curb. Taxicabs will automatically be logged into the taxi line in the order that they entered. 2. After entering the holding area, drivers may park anywhere in the taxi parking area until they are called into the staging area. Once the drivers are called, they will be given three and one-half (3.5) minutes to enter into the first up staging area, or as may be adjusted. If the driver fails to enter the first up area in the allotted three and one-half minutes time, that taxi will be dropped to the end of the holding list. Should that taxi fail to respond to the second call up, it will be taken off the list altogether. The driver is then required to exit, and re-enter the holding area before being added back to the end of the regular dispatch queue. 3. Once taxicabs have entered the first up staging area, the drivers must remain with their vehicles. Taxicabs will be called from this area to the curb in the exact order in which they entered the Post Road staging area. • Taxicabs will have two (2) minutes to exit staging. If the driver fails to leave staging in the allotted two (2) minutes, that vehicle will be placed at the end of the staging list. Should the same vehicle fail to respond a second time, then that vehicle will be taken off the list altogether. If they fail to arrive at the front curb within seven (7) minutes after exiting staging, they will then be taken off the list and will be shown as illegal on all taxi terminals. 4. In the event the taxi dispatching system is not operating, taxis will line up in lines and wait for the appropriate taxi light to flash, or a PSA will call your vehicle to the first up and front curb areas. 5. If your AVI tag does not operate correctly, you must contact the Landside Operations Department immediately. Inoperable tags will prevent your taxi from entering the taxi dispatching system and from being able to pick up an airport customer. 6. No driver shall interfere with any other commercial ground transportation operators, vehicles, or activities which may be in this area. 7. Drivers are not to loiter inside the SuperAmerica (SA) store. Once you have purchased your food, use the lounge area or go back to your vehicle. • 8. Vehicle maintenance is prohibited in holding or staging areas. 9. No self-fueling(using gas cans) of any vehicle is allowed. 3 10. Smoking is prohibited along the fence line adjacent to the aviation fuel tank. Drivers must refrain from throwing cigarettes out their window and shall insure that all cigarettes are fully extinguished in their ashtrays. Smoking is also prohibited near gas pumps and in SA. 11. Driver disputes will result in both drivers being sent to the end of the line. 12. Drivers are not allowed in the taxi booths. 13. Driver disputes will result in disciplinary actions for all drivers involved. 14. No drivers will be allowed to stop at the SA on their way to the curb. Doing this will result in the vehicle being timed out, showing illegal at curbside, and ultimately sent back to the end of the line. 15. With the availability of a car wash, all,cars at the front curb should be clean. 16. Only current MAC licensed drivers and permitted vehicles are allowed in the Post Road staging lot. B. FRONT CURB PROCEDURES 1. Once taxis are called to the front curb, the drivers will proceed and take their place at the end of curbside staging line and wait for further call up. Taxis must line up using the left lane first, middle lane second, and then the third lane. The third lane is for overflow only. Drivers are to remain with their vehicles while in this area. 2. Once the drivers have been called to the first up space on the curb, they must be prepared to assist their passengers. Drivers parked in one of the loading lanes may greet their passengers at the taxi booth. Passenger assignment is on a first come, first serve basis to the first vehicle to accommodate all of the passenger's needs. 3. All drivers will assist their passengers in and out of the taxicab, and will load the passenger's luggage (up to 50 lbs.) into the vehicle unless the customer requests otherwise. 4. Drivers must follow the direction of the PSA's at all times. 5. Taxicabs that show up as "ILLEGAL", "NO CALL" "TAG OFF' on the taxicab terminal display will not be loaded. Drivers must accept the finding and not challenge the PSA. They may contact the Landside Office during normal business hours to appeal or determine the problem. 6. Handicap transportation requests will be sent from the front curb to the terminal roadway. Drivers will be given the passenger's name before proceeding. All handicap pick-up requests must be arranged through the PSA. 4 C. SPECIAL REQUEST Special request taxis are those taxis that can handle the specific needs (shown in • C.2.) of the passengers waiting in the taxi line. 1. All Special Request taxis will proceed to one of the designated spots on the AVI only taxi pick-up area. Taxicabs responding to calls by a PSA will be given a different load should the passenger decline the taxicab. 2. Taxicabs accepting vouchers, credit cards, no smoking only, taxicabs that hold more than four passengers (vans), and any other Special Request must have that information on file, in the taxi database, and posted on the vehicle in order to be considered, or not considered for a ."Special Request". 3. Customers needing a credit card, voucher, or a no smoking cab will be loaded only into a cab displaying the appropriate signage. The PSA will only be allowed to work with the computer designation, and the signage on the vehicles, and will not be allowed to ask if a cab accepts credit cards if not posted. 4. Taxi requests will be dispatched from the first up in curbside loading D. SPECIAL CALL • 1. Taxicabs arriving to pick up paying passengers on a pre-arranged basis must park in the Special Call stand. Drivers will then notify the PSA of their presence, and give the name of the pre-arranged passenger. 2. Drivers with AVI tagged vehicles may not wait longer than ten (10) minutes for their passengers to arrive. Taxis that are required (non-AVI tagged or suspended) to use the cash lane will pay dwell charges after ten (10) minutes in addition to per trip fees. Under no circumstances will a PSA give special call taxis a load from the curb if their special call passenger does not arrive. 3. No other parking or package delivery will be allowed in the special call pick up area. 4. Non-AVI tagged or suspended vehicles will have to pull a ticket to enter this area. Upon exiting this area, drivers will have to pay the appropriate fee. All special call taxis will be charged a fee, even if the passenger does not arrive. Charges for non-AVI tagged vehicles will include excess dwell fees if such fees are accrued. E. _HUBERT H. HUNIPHREY (H.H.H.) TERMINAL PROCEDURES • I. Drivers will lineup in a one-line system. The first passenger will go to the first taxi in line. Drivers will not pick and choose their passengers. 2. Drivers are not allowed to leave their vehicles while in line at the H.H.H. Terminal. 5 3. Drivers may not park, or stage their taxis in any area other than the designated taxi area in front of the terminal. 4. Special call and handicap pick up will be allowed at the front curb. Drivers must notify the police officer on duty, or the taxi company dispatcher must notify the airport police dispatcher of the special call to the curb, along with the passenger's name. F. REGIONAL TERMINAL 1. All Regional Terminal taxi requests will be dispatched from curbside loading using the first car in line. 2. Drivers will be given customer's name when dispatched. If the customer does not show up, drivers should notify the PSA at curbside. 3. Drivers will leave the Regional Terminal via the most expedient route. G. GENERAL PROCEDURES 1. Taxicabs may depart at any time from the taxi line to leave the airport, or to respond to a special call. 2. Taxicabs, when called from the head of the taxi line in response to a false signal, may wait on the special request stand for another load. PSA's will • load the taxi as the last taxi in the taxi loading area. 3. In the event of a system failure, and absence of a PSA, all taxicabs will operate in a one-line system. All taxi trips must originate from Post Road. 4. All taxis must observe the Valid/Invalid/Illegal lights at all the entrances and exits. Only Valid lights will allow vehicles to be loaded. 5. Any type of vandalism will be handled in the most severe manner possible. 6. Keep the Post Road area and facility clean. Drivers violating this rule will be fined, suspended, or revoked. 7. Drivers refusing a load will be sent back to Post Road. 8. Drivers must have their vehicle in clean and presentable condition at all times. When called to the front curb, the vehicle should be unlocked, with the rear seat and front passenger seat clean, and cargo area ready to accept passengers and their baggage (this means all personal items such as TV's, radios, musical instruments or an y similar item will not be allowed in the vehicle when picking up at the curb). • H. SPECIAL CIRCUMSTANCES 6 1. Dogs or animals will be transported with their owners. Dogs must be kept on the floor and restrained. Refusal of a passenger with a domestic animal constitutes refusal of a load and the taxi will have to return to Post Road. • UNDER SECTION 5.6 OF THE MAC TAXICAB ORDINANCE, ALL TAXICABS PERMITTED TO OPERATE AT THE AIRPORT MUST COMPLY WITH THE VEHICLE REQUIREMENTS SET FORTH IN THIS MANUAL. II. VEHICLE STANDARDS A. VEHICLE SIZE 1. All vehicles for taxicab operations must be full size, unless otherwise- approved by the Landside Operations Department (must be approved prior to permitting). All vehicles must have sufficient capacity to carry at least four passengers (in addition to the driver), and a reasonable amount of baggage. Vehicles carrying more than four passengers must provide proof from manufacturer of vehicle passenger capacity, and include the information on the application. 2. Currently, all vehicles approved must meet the following minimum dimensions: a. Overall Width 71.9 in. • b. Overall Height 53.8 in. C. Front Head Room 37.9 in. d. Front Leg Room 42.5 in. C. Rear Head Room 36.9 in. f. Rear Leg Room 34.9 in. g. Cargo Volume 15.7 in. B. SALAVAGE VEHICLES I. All vehicles that have titles marked "salvage" must go through specific inspections. These inspections will assure that the vehicle has been repaired properly, and can provide safe public transportation. a. All vehicles must meet all the requirements of this manual. In addition, they must go through a complete wheels off detailed salvage or state inspection prior to permitting, and a safety inspection again in six months. b. Salvage inspections must be done by the state or a MAC approved inspection location qualified to verify that the repairs made meet manufacturer's specifications for that vehicle. City inspections will not be accepted in place of salvage inspections. A list of • authorized inspection locations are available in room 330, Landside Operations. 7 , C. TAXIMETER REQUIREMENTS/INSPETIONS In addition to the taximeter requirements set forth in Ordinance 81, the meters must also meet the following requirements: • 1. All taximeters must be permanently mounted, lighted, and clearly visible so that they may be seen by the passengers at all times. The meter must have a clear display that will be easily viewed by the customer. The meter will not display the authorized Airport Use Fee, or any other extra amount (the extra button must be disabled). The meter must be sealed to the dash so that it cannot be reopened or removed without breaking the seal (in some cases this means two seals). Seals must have a company or city ID embedded in the surface. Taxi drivers may not pick up Airport passengers if any taximeter seals are broken or missing from their taxi vehicle. 2. The certification and sealing of the meters must be done ANNUALLY by a person or establishment authorized by the cities of Minneapolis, St. Paul or NIAC. MAC representatives may also check the meters for accuracy by doing mileage checks at any time. D. LIGHTS 1. All lights must operate properly. Light lenses must not have cracks or breaks. SEE INSPECTION CERTIFICATION FOR COMPLETE LISTING OF LIGHTS. E. STEERING 1. All steering components must meet manufacturer's specification and no component can be worn or damaged (i.e. tie rods, control arms, idler arm, Pitman arm, etc.) 2. Power steering pump must function properly and pump and lines must be free of leaks or damage. The steering wheel must turn without binding or play. F. TIRES 1. A tire shall be considered unsafe if it has: a. Any part of the card exposed, any bump, bulge, or separation, or any sidewall cracks, cuts, or snags deep enough to expose the body of the tire or cords. b. A tread worn to less than 2/32 (1116) of an inch measured in the tread groove nearest the center of the tire at three locations equally spaced around the circumference of the tire, or if worn to tread wear indicators. • C. A marking "not for highway use", or`.`for racing purposes only", or "unsafe for highway use". 8 d. Been regrooved or recut below the original tread design depth, except special taxicab tires which have extra under tread rubber and are identified as much. (MS 169.723) e. Any flat spots on the tires. 2. The vehicle must also have a usage spare tire meeting the above requirements. 3. No passengers will be loaded into a taxi operating with a compact spare tire. G. WHEELS 1. Wheels must not have any missing lug nuts, elongated holes in rims, cracked rims, bent rims, or worn studs. Wheels must be the same size as specified by the manufacturer. H. SUSPENSION 1. The below listed components must been the manufacturer's specified tolerances, and must not have any leaks, cracks, missing parts. The vehicle should not rattle, squeak, or bottom out during a test drive. a. Ball Joints • b. Springs C. Shocks d. Struts e. U-Bolts I. FRAME Frames must not be cracked, bent, broken, have any areas rusted through, or any other problems or defects causing the vehicle to be unsafe, unable to handle a load, or uncomfortable for passengers. J. BRAKES 1. Brakes must be adequate to control the movement of and to stop and hold in place a vehicle operated on the highway. 2. All pedals will be checked for proper operation (too spongy, hard, etc.). 3. All brakes must be free of leaks, bindings, drag, uneven wear, rust, cracks, or other damage including rotors, calipers, drums, hoses, lines, and wheel • cylinders. 4. Brake pads must be at least as thick as the metal backing. Master cylinders will be checked for leaks, proper fluid level, and cover seal. Axle shafts, and wheel bearings must be properly installed, free of wear 9 and must not show signs of leaking seals, make any noise when the wheels are in motion, or any other defect, or problem that could affect the braking or safe operation of the vehicle. t� K. EMERGENCY BRAKE The emergency brake must operate properly, including but not limited to, holding the vehicle in place while idling in reverse, and the pedal must push down freely and release freely. L. ENGINE 1. The engine must not exhibit any of the following problems: a. Stall due to overheating b. Kills when idling or in gear C. Will not start, or restart when hot d. Has unusual power loss when driving e. Knocking or ticking noises f. Burn oil g. Smoke from exhaust h. Leak any fluids i. Have any other unusual noise 2. The engine must run smoothly as all times. • 3. All other components such as the radiator, hoses, belts, pulleys, motor mounts, electrical system, and accelerator cable must be in good condition showing no signs of wear, poor operation, visible leaks,or improper.fluid levels. M. TRANSMISSION & DIFFERENTIAL 1. All transmission lines and pan must be free of damage and leaks, check fluid level, and condition. 2. The vehicle must drive and shift properly, operating smoothly in all gears. 3. The gear shift lever must go into the park position smoothly, and the parking pawl must hold without slipping. 4. The differential, u joints and yoke must not exhibit any signs of wear, leakage, or unusual noise. N. FUEL SYSTEM The complete fuel system from carburetor to gas tank must not have any leaks, • cracks, rust or holes. The fuel system includes the gas tank, carburetor, carburetor gaskets, fuel filter, fuel pump, fuel lines, injectors, and fuel injector pumps. O. EXHAUST 10 Exhaust system must not have any missing or defective parts allowing noise and/or exhaust leaks. There must be no missing or inoperative pollution control equipment, and the exhaust system must meet state emissions standards. P. HORN All vehicles must have a functioning horn. Q. WIPERS Wipers shall operate in all switch positions, wiper blades shall be able to wipe a clean path without streaks from tip to tip, and washer fluid shall dispense when engaged. R. GLASS Windshield shall be free of cracks, chips, holes, and shall not be discolored. All side windows shall be in the same condition and operate up and down properly. The rear window shall also be free of cracks and obstructions. All glass shall be free of leaks and properly sealed, and of a clarity to readily see and identify the driver and passengers. All glass shall be of a shatterproof or non-shatterable glass. S. MIRRORS • All vehicles are to be equipped with one side mirror on each side and rear view mirror. They are to be intact, unbroken, free from fading or clouding, and fully functional. T. INTERIOR 1. The interior must be in good condition, free of tears, rips, stains, holes, and burns. This includes floors, doors,moldings, headliner, seats, and seat backs. Floors must have factory carpet, or rubber mats designed to fit and permanently attached(no indoorloutdoor or house type carpet). 2. Back seat must be secured, rear doors must lock, unlock and open from the inside at the passenger's control. 3. The interior must be clean, including but not limited to, door panels, seats, dash, glass, floor, and the vehicle must be odor free. 4. All seats, door panels, and interior pieces must be the same color. All doors must have handles, window cracks, or switches in good operating condition. There should be no disconnected, loose, or hanging wires visible under dash, on the floor, from door panels, or anywhere else. The dashboard must not be broken, or have any missing pieces. The instrument panel must be intact, and all gauges must function properly. Gauges include speedometer, odometer, temperature indicator,oil pressure indicator, and gas gauge. Interior lights must have a protective cover and operate properly. 11 5. The vehicle must have functional air conditioning and heat, the blower must operate at all speeds, and be free of core leaks. 6. When test driving, the vehicle must not leak any air from doors, windows or floor. 7. The vehicle must have seat belts available for all passengers and driver. 8. The gearshift selector must be intact and operational. 9. Display — In addition to the items listed in Ordinance 81, the following items must be displayed inside the vehicle in a place visible (or as specified)to the passengers: t a. Any "Special Request" items. (1) No smoking (2) Credit cards (3) No checks (4) Vouchers U. COMMUNICATIONS DEVICE Every -taxicab shall be equipped with a communications device as listed in Ordinance 81. In addition, all antennas must be permanently mounted to the exterior of the vehicle. V. MAP Every taxicab driver shall carry in the taxicab at all times a current year Hudson map book. W. BODY 1. The body is to be free of rust, dents and cracks. The body must be professionally painted, lettered (see lettering below, for specific lettering details) and have a clean appearance. 2. The body must not show any signs of repair. All.body parts must be properly aligned, fitted, and painted to match the exact color of the vehicle. 3. All lights,moldings, emblems, and chrome must be properly attached, and in good condition, and shall not detract from the appearance of the vehicle. Matching hubcaps must be in place on all four wheels. 4. The top light must illuminate, be permanently affixed, free of cracks, i holes, discoloration, and properly lettered (taxi or name). 5. All hood and trunk latches must be working properly. 12 6. The State of Minnesota license plates are to be permanently attached in their proper location, in good condition and valid. No temporary license • permits will be accepted. X. TRUNK 1. A vehicle's trunk shall contain only necessary items: a. Jack b. Spare Tire C. Fire Extinguisher d. 3 Emergency Triangles e. Jumper Cables or Emergency Equipment 2. These items must be secured and covered to protect a passenger's baggage. The trunk should be lined and clean. Bags of sand or other approved items can be in a trunk for traction during icy conditions. Y. VEHICLE COLOR 1. Taxicab companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. i 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5 x 7 color photos (1 vehicle only) showing a full view from the side and a full view of the rear of the vehicle, and company color scheme must be on file with the office at time of approval. No company will be allowed to duplicate another (see the f Landside Operations Department for a listing of color schemes taken). 3. Vehicles that were permitted during the 1996-1997 season that do not match the approved company color scheme will not have to be repainted unless body condition warrants repainting, or the vehicle changes owners, or company affiliation. 4. All new vehicles must comply with authorized color schemes. Color schemes that are already approved by .cities with color scheme requirements prior to May 1, 1997, such as Minneapolis, St. Paul or Bloomington will be given that color scheme, and no other company y ma Y take it. Any duplications that may arise will be allowed until one of the companies stops operating at the airport. The remaining company will retain that color scheme and it will not be given out again. Should the remaining company stop its operations at the airport, the color scheme will become available for someone else. • Z. LETTERING 13 1. The vehicle shall be clearly marked to show the company name, vehicle number, and phone number (number must be listed with directory assistance) of the company operating. The company name, vehicle • number, and phone number shall be affixed to both sides, and rear of the vehicle in contrasting letters which shall be a minimum of 4" in size. 2. All other required markings such as operating area (Minneapolis, St. Paul, Suburbs) posted rates, .capacity, smoking/non-smoking, credit cards, checks/no checks, vouchers accepted, any application MnDOT or operating authority numbers, and top light lettering shall be painted neatly and plainly on the taxicab or otherwise attached by permanent decal approved by the Airport Director. 3. Decals must be approved prior to inspection, and no magnetic signs will be accepted. III. APPLICATIONS A. APPLICATIONS 1. All owners must complete and sign the vehicle permit application form(s). a. Drivers are not allowed to fill out vehicle permit application forms unless they have power of attorney. b. Any falsification of the form(s) will result in revocations of all • permits affected. 2. All drivers license applications must be filled out by the person wishing to be licensed. IV. DRIVER APPEARANCE A. DRIVER APPEARANCE 1. Every taxicab driver, while on duty (this includes time while the vehicle is logged in dispatch system), shall keep a well groomed appearance, and shall be suitably dressed. Drivers shall be clean shaved, and hair shall be neatly trimmed. If a beard or mustache is worn, it shall be neatly trimmed. "Suitably dressed" shall mean long trousers or slacks, jogging suit, dress jeans, skirt or dress, a dress shirt or blouse with a collar (without if so designed), turtle neck, and shoes or sandals, provided such clothing is clean and neat (this also means shirt tails must be tucked in). The following articles of clothing are prohibited: a. When worn as outer garments, underwear, tank tops, swim wear, body shirts, cut-offs, trunks, sweat suits, shorts (except Bermuda type), or similar attire. b. Footwear: thongs and clogs. V. ADVERTISING 14 Owners and drivers shall not cause any advertising, signage or phone boards to be placed on Airport property other than as allowed by MAC under separate agreement. TRIP SHEETS A. TRIP SHEETS Every taxicab driver shall keep a trip sheet, current to the last run taken, upon which shall be noted the starting point and time, the termination point and time of each trip, the place of discharge of each passenger, fare charges whether metered rate or flat rate, driver name and number, cab number, time going on- duty and off-duty, and whether an airport use fee was charged. A spiral notebook will be an acceptable trip sheet log. 1. Each taxicab driver shall preserve for a period of one (1) year and submit upon request any information contained in the driver's/vehicle's trip sheets to a MAC representative. Failure to make and keep such a trip sheet or the falsification of such trip sheets shall constitute a violation of the Ordinance. 2. Trip sheets shall be completed after each run and the trip sheets for the last seven (7) days shall be kept with the driver in the vehicle except where the driver is required to file such trip sheets with the company. • VII. VEHICLE TOWING No taxicab shall tow or otherwise transport another motorized vehicle on Airport property. Vehicles may only be towed by commercial towing vehicles designed specifically for this purpose. VIII. RIDERS/TRAINEES A. RIDERS/TRAINEES L No taxicab driver picking up passengers at the Airport shall allow riders other than fare paying passengers and those accompanying them to ride in the taxicab, except as authorized by a MAC representative. 2. Drivers in training are not authorized to ride in MAC permitted taxicabs without prior written approval from the Landside Operations Department. 3. Upon a passenger's request, the driver in training must exit the vehicle. IX. RECEIPTS Drivers shall not give airport passengers a payment receipt from any taxicab company • other than the taxi company name on the vehicle. 15 ADDENDUM TO TAXICAB MANUAL DATED 5-9-97 ADOPTED 7-31-97 IL VEHICLE STANDARDS Y. VEHICLE COLOR 1.1 Taxicab companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. 16 ADDENDUM TO TAXICAB MANUAL DATED 5-9-97 ADOPTED 7-31-97 • H. VEHICLE STANDARDS AA. VEHICLE APPEARANCE All vehicles in a company must have uniform markings. Except as specifically authorized by the airport director, the only things that may be displayed on the outside of taxicab vehicles are: (1) Required color scheme; (2) Company name; (3) Telephone number; (4) Taxicab number; (5) Other information required by the Ordinance, Manual or other jurisdictions where the taxicab is licensed; (6) Information directly related to service the taxicab is providing, which includes but not limited to information on credit cards, air conditioning, 24-hour service and non-smoking status. Items that may not be displayed include but are not limited to bumper stickers, decals, placards and advertising. • 17 EMERGENCY DECLARATION—VOUCHERS Because of the extraordinary circumstances, ALL taxicabs permitted at the airport are required to accept vouchers as a form of payment on August 28, August 29 and August 30, 1998. Ordinance 81, Section 5.8 states: "Taxicab operation and parking shall at all times be in accordance with requirements established by the Airport Director...." Ordinance 81, Section 5.6a authorizes the Airport Director to modify the Taxicab Manual by emergency declaration. • 18 ADDENDUM FOUR TO TAXICAB MANUAL DATED 5-9-97 ADOPTED 9-30-02 III. VEHICLE STANDARDS AB. AIRPORT ASSIGNED TAXICAB NUYIBER 1. Prior to application for the annual taxicab permit Landside Operations will assign the taxicab number for each taxicab. 2. Vehicles that were permitted during the 2001-2002 permit year will have until January 1, 2003 to change the taxicab number to the Landside Operations assigned taxicab number, or at which time body condition warrants repainting, the vehicle changes ownership or the vehicle changes company affiliation, whichever come first. 3. All new vehicles must display the Landside assigned taxicab number. 4. Effective January 1, 2003 the taxicab number shall be displayed on a Landside approved customer information sign that must be permanently attached to the back of the front passenger's seat. The customer information sign must remain visibly unobstructed. • i9 ADDENDUM NUMBER FIVE TO TAXICAB MANUAL DATED 5-9-97 ADOPTED 09-30-02 • II. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab Companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 5x7 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. t, 3. Special rules for Taxicab Companies voluntarily adopting the all white paint scheme. A. The "all white" color scheme shall be available to all Taxicab Companies. B. Taxicab companies adopting the "all white" color scheme must meet the following requirements which shall supercede all decal, lettering and color scheme requirements listed elsewhere in this Taxicab Manual. C. The exterior of entire taxicab shall be painted "factory white" to match that color white utilized by the manufacturer during that model year. D. There shall be no other coloring, markings, decals, stickers or striping on the exterior of the taxicab except as noted below. E. The taxicab number shall be displayed in black using decals 8-inches tall by 4-inches wide on both the passenger and driver-side rear quarter panels of the taxicab and must fit within an imaginary rectangle 8-inches tall by 15-inches wide. F. The taxicab number shall be displayed in black using decals 12-inches tall by 6-inches wide directly centered on the hood • of the taxicab and must fit within an imaginary rectangle 12- inches tall by 20-inches wide. G. The taxicab number'shall be displayed in black using decals 4-inches tall by 2.5-inches wide on the rear of the taxicab ;20 and must fit within an imaginary rectangle 4-inches tall by 9- inches wide. H. The Taxi Company's, 10-digit telephone number shall be in black using decals 3-inches tall by 2-inches wide on both front doors of the taxicab. I. The Taxi Company's name and logo shall be displayed on both sides of the taxicab b usm decals and remain within the b boundaries of the front doors in any color(s) that sharply contrast with the factory white body color. J. Landside size-approved rate of fare decals shall be displayed in black within 1-inch of the rear window on each rear door. K. Landside size-approved credit card and non-smoking decals shall be displayed within 1-inch of the rear window of each rear door to accurately reflect those preferences chosen on the Taxicab Vehicle Permit Application Attachment. L. Vehicles that were permitted during the 2001-2002 permit year that do not match the company adopted "all white" color scheme will not have to conform to the criteria listed above unless body condition warrants repainting 50% or more of the taxicab exterior, or the vehicle changes ownership, or the vehicle changes company affiliation M. Adoption of the"all white color scheme is irrevocable. N. Companies currently possessing a Landside approved white color scheme, (i.e. United Taxi and Air Taxi Service Association), must declare their intention in writing if they • wish to adopt the Section Y.3. "all white" color scheme. If they do not they are exempt from all requirements in Section Y.3.. If they do adopt the Section Y.3. "all white" color scheme they must meet all requirements of Section Y.3. O. Taxicabs currently licensed in municipalities requiring painted numbering and lettering will be allowed to use paint instead of decals as referenced above. P. Display of stickers required by municipalities where the taxicab is licensed will be allowed. • 21 ADDENDUM NUMBER SIX TO TAXICAB MANUAL DATED 9-30-02 ADOPTED 12-10-02 Addendum Number Five is hereby replaced with the following: H. VEHICLE STANDARDS Y. VEHICLE COLOR 1. Taxicab Companies shall adopt a unique and standardized paint scheme so that passengers may visually recognize a company. All taxicabs driving for a company must be painted in accordance with that company's color scheme. Each company shall have only one color scheme, except slight variations are permissible if the company has taxicabs permitted in more than one city that requires color scheme variations. Slight variations include, but are not limited to different colored roof or door. 2. All color schemes must be approved by the Landside Operations Department prior to permitting. Two 50 color photos (one vehicle only) showing a full view from the side and a full view of the rear of the vehicle and company color scheme must be on file with the office at the time of approval. No company will be allowed to duplicate another (see the Landside Operations Department for a listing of color schemes taken). Color scheme variation described above must also be approved by the Landside Operations Department. 3. Special rules for Taxicab Companies voluntarily adopting the all white paint scheme. A. A company's all white color scheme must be approved by the Landside Operations Department before any taxicab affiliated with that company is authorized to operate at the Airport as an all white taxicab. All taxi companies adopting the all white color scheme must present 50 photos to Landside Operations showing the _ front, side and rear of one vehicle for approval. All taxicabs affiliated with a company with an all white color scheme must match decal positioning as shown in the photos approved by Landside Operations for that company. All vehicles that were approved by Landside Operations for the all white color scheme prior to December 3, 2002 have until their 2003 St. Paul inspection to match their company's approved all white color scheme. All vehicles approved after December 3, 2002 must match their company's Landside operations approved all white color scheme immediately. B. The "all white" color scheme shall be available to all Taxicab Companies. C. Taxicab companies adopting the "all white" color scheme must meet the following requirements which shall supersede all decal, lettering and color scheme requirements listed • elsewhere in this Taxicab Manual. D. The exterior of entire taxicab shall be painted "factory white" to match that color white utilized by the manufacturer during that model year. E. There shall be no other coloring, markings, decals, stickers or striping on the exterior of the taxicab except as noted below. F. The taxicab number shall be displayed in black using decals 8-inches tall by 4-inches wide on both the passenger and driver-side rear quarter panels of the taxicab and must fit within an imaginary rectangle 8-inches tall by 15-inches wide. y G. The taxicab number shall be displayed in black using decals 12-inches tall by 6-inches wide directly centered on the hood of the taxicab and must fit within an imaginary rectangle 12- inches tall by 20-inches wide. H. The taxicab number shall be displayed in black using decals 4-inches tall by 2.5-inches wide on the rear of the taxicab and must fit within an imaginary rectangle 4-inches tall by 9 inches wide. I. The Taxi Company's, 10-digit telephone number shall be in black using decals 3-inches tall by 2-inches wide on either both front doors or both back doors of the taxicab. J. The Taxi Company's name and logo shall be displayed on both sides of the taxicab using decals and remain within the boundaries of the front doors in any color(s) that sharply contrast with the factory white body color. K. Landside size-approved rate of fare decals shall be displayed in black within 1-inch of the rear window on each rear door. • L. Landside size-approved credit card and non-smoking decals shall be displayed within 1-inch of the rear window of each rear door to accurately reflect those preferences chosen on the Taxicab Vehicle Permit Application Attachment_ A Vehicles that were permitted during the 2001-2002 permit year that do not match the company adopted "all white" color scheme will not have to conform to the criteria listed above unless body condition warrants repainting 50% or more of the taxicab exterior, or the vehicle changes ownership, or the vehicle changes company affiliation. N. Adoption of the "all white" color scheme is irrevocable. - - O. Companies currently possessing a Landside approved white _color scheme, (i.e. United Taxi and Air Taxi Service Association), must declare their intention in writing if they wish to adopt the Section Y.3. "all white" color scheme. If they do not they are exempt from all requirements in Section Y.3. If they do adopt the Section Y.3. "all white" color scheme they must meet all requirements of Section Y.3. P. Taxicabs currently licensed in municipalities requiring painted numbering and lettering will be allowed to use paint instead of decals as referenced above. •• Q. Display of stickers required by municipalities where the taxicab is licensed will be allowed. R. The Taxi Company's name and 10-digit telephone number shall be in black using decals no larger than 3- inches tall by 2-inches wide on the rear of the taxicab. 1 • MAC Ordinance No. 81 Effective June 1, 1997 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 81 TABLE OF CONTENTS SECTION 1 - DEFINITIONS 1 SECTION 2 - SCOPE . . . 3 SECTION 3 - AUTHORITY TO OPERATE . . . . . . . . . 3.1 Taxicab Permit 4 3.2 - Taxicab Permit Requirements . . . . . . . 4 3.3 AVI Tag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.4 insurance and Indemnification 3.5 Company Requirements . . . . . . . . . . . . . 3.6 Two-Way Communication Device . . . . . 8 3.7 Owner Information on File with Commission . . . . . . . . • g 3.8 Authorized Transfers 9 SECTION 4 - TAXICAB DRIVER LICENSING . ... . . . . . . . 4.1 MAC Drive's License 10 4.2 MAC Driver's License Requirements . . . . . . . . . . . 4.3 Renewal . . . . . . . . . . . . . . . . . . . . . . . . 13 4.4 Driver Information on File with Commission . . . . . . . . . . . . . . . . . . . . . . . . 13 4.5 Ineligibility . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION 5 - TAXICAB OPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 * 5.1 Commercial Lanes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5.2 Taxicab Loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5.3 Passenger Transportation . . 15 5.4 Lost Articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.5 Taxilines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 15 5.6 Taxicab Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.7 Compliance with Legal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5.8 General Taxicab Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 6 - TAXICAB FARES . . . . . . . . . . . . . . . . . 16 6.1 Rate of Fare . . . . . . . . . . . . . . . 16 6.2 Airport Use Fee . . . . . ... . . . . . . . . . . . . . . . . . . . . . 17 6.3 Computation of Fares . . . . . . . . . . . . . . . . . . . . . . . 17 6.4 Taximeter . . . . . . . . . . . . 6.5 Items Displayed in Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 MAC Ordinance No. 81 Effective June 1, 1997 • SECTION 7 - DRIVER CONDUCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7.1 Solicitation . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 18 7.2 Alcohol or Controlled Substance Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7.3 Smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7.4 Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7.5 Prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7.6 Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7.7 Driver Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 8 - SPECIAL CALL TAXICABS . . . . . . . 8.1 Picking Up Prearranged Passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8.2 Comply with Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8.3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 9 FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9.1 Annual Taxicab Permit Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9.2 AVI Tag Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9.3 MAC Drivers License Application Fee .. . . . . . . . . . . . . . . . . . . . . . 22 9.4 Driver Safety and Customer Service Course Fee . . . . . . . . . . . . . . . . . . . . 22' • 9.5 Transfer Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9.6 Late Fee . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9.7 Other Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . 22 SECTION 10 - ENFORCEMENT . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 22 10.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10.2 Dismissal From Taxiline . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 23 10.3 Delayed Suspension Repair Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10.4 Immediate Suspensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10.5 Administrative Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10.6 Suspensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10.7 Revocations . . . . . . . . . . . . . . . . . . . . . 29 10.8 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 11 - NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11.1 Notice of Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11.2 Posted Notice . . . . . . . . . . . . . . . . . _ . 33 SECTION 12 - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 33 12.1 Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 12.2 Provisions Severable . . . . . . . . . . . . . . . . . . . . . . . . 33 • 12.3 Repealer . . . . . . . : . . . . . . . . . . . . . . . . . 33 12.4 Time Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12.5 Effective Date . . . . . . . . . . . . . . . . . . . 34 • MAC Ordinance No. 81 Effective June 1, 1997 METROPOLITAN AIRPORTS COMMISSION ORDINANCE NO. 81 An Ordinance to promote and conserve public safety, health, peace, convenience and welfare and to provide for the equitable allocation of the costs of establishing and maintaining ground transportation facilities at the Airport, by regulating the operation of all Taxicabs at Minneapolis- St. Paul International Airport, Wold-Chamberlain Field, a public airport under the operation, direction and control of the Metropolitan Airports Commission, and repealing Ordinance 79 as it relates to Taxicabs. The Metropolitan Airports Commission does ordain: SECTION 1 - DEFINITIONS 1.1 Air . Minneapolis-St. Paul International Airport, Wold-Chamberlain Field, a public airport under the su ervision operation, direction f' p and control of the Metropolitan Airports Commission, and located in the County of Hennepin and State of Minnesota. • 1.2 Airport Director. The Commission's administrative officer or the officer's designee and, for purposes of the licensing, permitting and control of Taxicabs and enforcement of this Ordinance, the agent of the Metropolitan Airports Commission, in charge of the Terminal Areas at the Airport. 1.3 Airport Use Fee. The fee set by the Commission that Taxicab Drivers are authorized to charge in addition to the metered fare in order to recover the cost paid to the Commission for the Taxicab Permit. 1.4 Automatic Vehicle Identification (AVI)System. Aradio frequency identification system which includes AVI Tags, readers, a reader-controller, and a central computer. 1.5 AVI�Taa. A small device that monitors when Vehicles enter or exit the AVI Commercial Lanes. 1.6 Commercial Lanes. Traffic lanes designated by the Airport Director as Permitted Taxi Lanes or areas for use by Special Call Taxicabs. 1.7 Commission. The Metropolitan Airports Commission, a public corporation organized and operating pursuant to Chapter 500, Laws Of Minnesota 1943 and amendments thereto. 31_'2 cc _g 3 Ff' 1991 r 0 ti �sL 8L!19�, MAC Ordinance No. 81 Effective June 1, 1997 1.8 Company. One Taxicab or a group of Taxicabs operating under and displaying a distinct company name that share distinct uniform markings, unique color scheme,telephone number and two-way communication system. 1.9 Driver. Every person who drives or is in actual physical control of a Taxicab under this Ordinance. 1.10 Dwell Fee. A fee imposed on Special Call Taxicabs for exceeding the prescribed time in picking up passengers or cargo while operating in the Commercial Lanes. 1.11 Executive Director. The Commission's chief executive officer or a designated representative. 1.12 Hearing Officer. The Executive Director of the Commission or his/her designee who shall conduct hearings, hear evidence and make a determination regarding fines, Suspension or Revocation of Taxicab Permits and MAC Drivers' Licenses. 1.13 MAC Driver's License. The driver's license the Commission issues to Taxicab Drivers that allows them to pick up passengers at the Airport through the • Permitted Taxi Lane. 1.14 MAC Representative. Any Person authorized by the Airport Director to direct or coordinate Taxicab operations at the Airport. 1.15 Owne r. The Person who holds the title to a Taxicab Vehicle. 1.16 Permitted Taxi Lanes. The Commercial Lanes at the Charles A. Lindbergh Terminal and the Hubert H. Humphrey Terminal that Taxicabs permitted under this Ordinance must use to pick up non-prearranged passengers. 1.17 person. Every natural person, firm, partnership, association, corporation or other entity. 1.18 Revocation. The discontinuance of a Person's Taxicab Permit or MAC Drivers License. 1.19 Special Cali Taxicab. .A Taxicab that is at the Airport to pick up passengers for a prearranged trip. 1.20 s9us ension. The temporary discontinuance of a Person's Taxicab Permit or MAC Drivel's License. e 2 • MAC Ordinance No. 81 Effective June 1, 1997 1.21 Taxicab. Any motor Vehicle carrying passengers for pay or hire to specific destinations requested by passengers upon public streets and upon the streets, avenues and roads of the Airport, and subject to call on or upon such .public streets and Airport streets, avenues or roads or from a garage or other established place of business. 1.22 Taxicab Manual. A manual established by the Airport Director that sets forth requirements for the operation of Taxicabs. 1.23 Taxicab Permit. An authorization from the Airport Director issued to a Taxicab Owner that allows the Taxicab to pick up passengers at the Airport through the Permitted Taxi Lanes. One Taxicab Permit is issued per Vehicle to an Owner who complies with the requirements of this Ordinance. 1.24 Taxicab Staging Area. An area directly adjacent to the Super America facility along Post Road, or as designated by the Airport Director, to provide a staging location for Taxicabs. 1.25 Taximeter. Any instrument or device attached to a Vehicle and designed to measure mechanically the distance travelled by such Vehicle, to record the • time the Vehicle travels or is waiting, and to indicate upon such record, by figure or design, the fare to be charged. 1.26 Vehicle. Every device in, upon or by which any Person or property is or may be transported or drawn upon public streets and upon streets, avenues and roads within the Airport. SECTION 2 - SCOPE This Ordinance applies to all Persons and Vehicles engaged in Taxicab transportation at the Airport. Taxicab Owners are responsible for their Taxicab Vehicles and the Drivers of those Vehicles. Taxicab Vehicles are permitted and Drivers are licensed by the Commission to serve the Airport and the traveling public. The Commission does not employ, subsidize or guarantee the profitability of Taxicab Owners or Drivers. • 3 MAC Ordinance No. 81 Effective June 1, 1997 • SECTION 3 - AUTHORITY TO OPERATE 3.1 Taxicab Permit All Taxicabs, except Special Call Taxicabs that use only the cash Commercial Lane, must obtain an annual Taxicab Permit and have an AVI Tag in order to pick up passengers at the Airport. 3.2 Taxicab Permit Requirements Upon application, the Airport Director may issue an AVI Tag and an annual Taxicab Permit to the Owner of a Taxicab when the requirements set forth in this section are met and where the interests of the traveling public and the efficient operation of the Airport are best served by such issuance. The Airport Director may deny requests for Taxicab Permits and AVI Tags where the interests of the traveling public and the,efficient operation of the Airport are best served by such denial. The Airport Director also may limit the number of Taxicab Permits issued in order to promote the efficient operation of the Commission's ground transportation system and to promote orderly traffic flow. All Owners shall maintain these Permit qualifications throughout the Permit year. a. Ti IP The Taxicab Owner must have title to the Vehicle as evidenced by the certificate of title. b. Licensed by Municipalily and Mechanical Inspection The Taxicab Owner must have a current permit or license in good standing for the specific Taxicab Vehicle for which the Taxicab Permit is sought issued by a city, village or other political subdivision of the State of Minnesota ("municipality"). Such municipality must regulate Taxicabs and be located in the 7 county Minneapolis-St. Paul metropolitan area. The municipality must either require Taxicabs to pass a mechanical inspection substantially equivalent to mechanical inspections required for Taxicabs by Minneapolis or St. Paul or the Taxicab must pass a mechanical inspection as required by the Commission at the Owner's expense. 4 • MAC Ordinance No. 81 Effective June 1, 1997 C. Insurance The Taxicab Owner must assure that proof of insurance is submitted for the Taxicab as required by Section 3.4. d. Aqe of Vehicle For the permitting period June 1 - November 10, 1997, the Vehicle must be model year 1992 or newer; model year 1992 Vehicles_ are only eligible if they have been previously permitted at the Airport. For the permitting year beginning November 11, 1997, and each subsequent permitting year, take the year in which the permitting period begins and subtract 4 to calculate the oldest model year eligible for permitting. This means 5 model years will be eligible for permitting each year. For example, the model years eligible for permitting in November 1997 will be 1997, 1996, 1995, 1994, and 1993. Therefore, a Vehicle will have had 6 years of eligibility when it reaches the replacement deadline by the end of the permitting year. The 1993 Vehicles that must be replaced in November 1998 were eligible to operate at the Airport during • 1993, 1994, 1995, 1996, 1997, and 1998. e. Vehicle Ins Pection The Taxicab Vehicle must pass an inspection by the Commission pursuant to standards set out in the Taxicab Manual Inspection decals shall be issued to indicate the Vehicle has passed the Commission's inspection. Inspection decals shall at all times be affixed to the window of the Taxicab, or to another area,prescribed by the Airport Director, so that the inspection decal can clearly be identified from outside the Taxicab. f. Taximeter Calibration Certificate The Taxicab Owner must furnish a current Taximeter calibration certificate at the time of Permit application. • 5 MAC Ordinance No. 81 Effective June 1, 1997 �. g. Driver Each Taxicab Owner must designate a Driver(s) who holds a current MAC Driver's License to drive each Taxicab permitted under this Ordinance. The Owner shall provide information to the Commission upon demand regarding who is driving any specific Vehicle for which the Owner has a Taxicab Permit. h. Company The Taxicab Owner. must. be a Company or be affiliated with a Company that meets all the Company requirements of this Ordinance. i. No Past Due Balance A Taxicab Permit shall not be issued to an Owner who has past due fees or fines at the time of Permit application. 3.3 AV_ I�Taa a. Commission Property • An AVI Tag issued to a Taxicab Owner remains the property of the Commission. The AVI Tag shall at all times be affixed in a location that allows the tag to operate properly. Upon expiration or termination of a Taxicab Permit, the AVI Tag shall be returned to the Commission. b. No Unauthorized Transfer An AVI Tag shall only be used in the Taxicab for which it is authorized. 3.4 Insurance and Indemnification a. CQmmercial Automobile Liability Insurance The Owner shall have commercial automobile liability insurance for each Vehicle in force at all times with minimum coverage limits of either (i) $200,000 bodily injury per person, $600,000 bodily injury per accident, and $200,000 property damage; or (ii) a combined single limit of $1,000,000 for each occurrence. The insurance policy shall name the Commission as an additional insured. The Owner must have a completed insurance certificate evidencing such coverage on file with 6 • MAC Ordinance No. 81 Effective June 1, 1997 the Commission at all times. The insurance certificate shall be on the form provided by the Airport Director. Insurance will be provided by a company licensed to write such insurance in the State of Minnesota. Also liability will not be limited due to insolvency o r bankruptcy of the insured. The Commission must immediately be notified in writing that a Vehicle(s) is being deleted from the policy. The Commission must be notified in writing 10 days before a policy maybe canceled or changed by endorsement. The Owner will be held responsible if proper notice is not provided by the insurance company. Also, coverage will not be limited in any way when insured Vehicles are driven, used, operated or maintained while the Driver or occupants are under the e influence of alcohol or controlled substances as defined in Section i ton 7.2) ovengaged ' m the illicit transportation of such substances. b. Indemnification The Owner shall indemnify and hold harmless the Commission for the negligent acts of the Owner or Driver with permission, expressed or • implied, of the Owner of all covered Vehicles resulting in personal injury or property damage within the limits of coverage stated herein. 3.5 Company Requirements a. The Taxicab Owner must be a Company or be affiliated at all times with a Company that meets the following requirements at all times in order to be recognized as a Company. 1. The Company must operate under a distinct Company name. 2. The Company must have the current Company name-and telephone number registered with Directory Assistance for Minneapolis or St. Paul_ 3. The Company must adopt a unique and standardized color scheme and markings so that passengers may visually recognize the Company. The Company must register the color scheme with the Commission. The Airport Director has final authority to settle an disputes related o e tY y p t the Company color . scheme or markings. 7 MAC Ordinance No. 81 Effective June 1, 1997 b. The Taxicab Owner must meet the following requirements at all times. 1. The Owner must operate under the Company name. 2. The Owner must display the Company name and Company telephone number on the outside of the Taxicab. 3. The Owner must paint the Taxicab according to the Company color scheme and markings. Any Taxicab licensed by the Commission in 1996-97 does not need to comply with this requirement unless ownership of the Vehicle changes or its Company affiliation changes. 3.6 Communication Device a. Radios 1. Each Taxicab Owner, except as provided below, shall equip each Taxicab with an operable two-way. radio with 24-hour dispatch service. The radio must be permanently attached to the Vehicle and be turned on at all times when the Driver is in • the Vehicle. 2. Each Owner shall be affiliated at all times with a Company that provides a 24-hour dispatch service. One or more Companies may jointly operate a dispatch service. b. Independent Owners 1. "Independent Owner" means an Owner that has one or two Taxicab Vehicles, does not operate under the name of another Company, and is not affiliated with another Company for purposes of the insurance required by Sections 3.4 and 12.5 (this does not preclude Owners who are otherwise Independent Owners from forming an association to purchase the insurance required by Sections 3.4 and 12.5), color scheme, or markings. An Independent Owner must meet all the Company requirements of this Ordinance. 2. An Independent Owner may operate with a cellular phone instead of a radio provided that an operable cellular phone is in the Vehicle and turned on in order to receive incoming calls at all times when the Driver is in the Vehicle. The cellular phone 8 MAC Ordinance No. 81 • Effective June 1, 1997 number must be displayed on the outside of the Taxicab. The Owner shall keep the current cellular phone number on file with the Commission at all times. C. Enforcement A Taxicab shall not be allowed to operate without the-required communication device. Failure to comply with this Section will result in an immediate suspension under Section 10.a.4 or a.6, and the appropriate penalty as set forth in,Schedule IL 3.7 Owner Information on File with Commission a. Owner Information Each Taxicab Owner shall keep a current address and telephone number on file with the Commission at all times. b. Compaq Information • Each Taxicab Owner shall keep the current name and address of the Company that the Owner is affiliated with on file with the Commission at all times. C. Changes Each Taxicab Owner shall provide the Commission written notice of any changes required by this section within 5 days of making the change. d. Enforcement Failure to comply with this Section will result in an Immediate Suspension under Section 10.4. 3.8 Authorized Transfers No Owner may sell or transfer a Taxicab Permit to another Owner. An Owner may transfer a Taxicab Permit from one Vehicle to another subject to procedures set forth by the Airport Director and payment of the appropriate fee. An Owner may transfer a Vehicle from one Company to another, so long as ownership of the Vehicle is not transferred, subject to procedures set forth by the Airport Director and payment of the appropriate fee. 9 MAC Ordinance No. 81 Effective June 1, 1997 SECTION 4 - TAXICAB DRIVER LICENSING 4.1 MAC Driver's License No Driver shall operate, and no Owner shall allow a Driver to operate, a Taxicab permitted.under this Ordinance at the Airport without a current, valid MAC Driver's License. The Driver shall display the MAC Driver's License upon demand to a police officer or MAC Representative. MAC Driver's Licenses shall be issued effective from the date of issuance until the first birthday following issuance. However, if the Driver's birthday is within 30 days of initial issuance, the MAC Driver's License will be valid until the following birthday. The Airport Director may limit the number of MAC Driver's Licenses issued in order to serve the public's welfare and.provide for the efficient operation of the Airport. 4.2 MAC Driver's License Requirements Upon application, the Airport Director may issue a nontransferable MAC Driver's License to a Person who meets the following requirements. All licensed Drivers shall maintain these license qualifications throughout the term of their MAC Driver's License. a. U.S. Citizen or Right to Work The applicant must be a citizen of the United States, or an alien admitted for permanent residence or have .otherwise obtained work authorization from the U.S. Immigration and Naturalization Service. The applicant must provide documentation of such upon request at the time of application submittal. By federal and state law, social security numbers are required on all such license applications. b. Background Check The applicant must not have any of.the following offenses as verified by a criminal background check. 1. No convictions in the last 60 months for any of the following offenses involving injury or death, and no convictions in the last 36 months for any of the following offenses not involving injury or death: (i) Hit and run; • 10 • MAC Ordinance No. 81 Effective June 1, 1997 Driving under the influence of alcohol or a controlled substance; Reckless or careless driving. 2. For original licensure, no more than 2 moving violations in the last 12 months, and no more than 3 moving violations within the last 36 months. For renewal, no more than 2 moving violations in the last 12 months, and no more than 4 moving violations within the last 36 months. 3. No felony convictions in the last 84 months for a sex crime or a crime of violence, and at least 12 months from the date of release from imprisonment for a sex crime or crime of violence. "Sex crime"is any prohibited act that has an element of a sexual nature. "Crime of violence" means any prohibited act that has as an element .(a) the use or threat of force or a dangerous weapon or (b) a person (i) committing substantial bodily harm to another, or (ii) committing great bodily harm to another or (iii) causing the death of another. • 4. No felony convictions in the last 60 months for any crime. A MAC Driver's License may be granted to a.Person who does not qualify because of b.3. or 4. by submitting to the Airport Director substantial evidence indicating significant improvement of the Person's character and conduct subsequent to the felony conviction. After considering the facts and circumstances of the conviction, the evidence submitted by the Person and any recommendation by the Airport Police Department, the Airport Director may grant a MAC Driver's License. C. Health Status The applicant must possess a current D.O.T. medical card. The D.O.T. medical card must be presented prior to license issuance or renewal and a copy will be kept in the Driver's application file. d. Driving Excerience Applicant shall have at least 12 month's driving experience in the United States as a licensed Driver and have a valid Minnesota driver's license. Such prior driving experience shall be verified by a background check conducted by the Commission's Police Department, • 11 MAC Ordinance No. 81 Effective June 1, 1997 e. The applicant must be at least 18 years of age. f. Driver Safety and Customer Service Training Each Taxicab Driver shall attend a course designed to improve public service to Taxicab passengers as so approved and when directed by the Airport Director. Proof of course completion must be provided to the Commission. The cost of the course shall be paid by the applicant. Taxicab Drivers shall attend the course when space is available and pass the test (i) prior to receiving their initial MAC Driver's License; (ii) if the Driver receives 3 customer complaints in a 12-month period; (iii) in conjunction with penalties established in Schedule 11 where appropriate; and (iv) pursuant to any policy adopted by the Airport Director and incorporated into the Taxicab Manual. Failure to pass the test will result in loss of the MAC Driver's License, and loss of.driving privileges subject to Section 4.5. g. Test The applicant must have a demonstrated ability to read,write and speak the English language. In addition, the applicant must have a demonstrated knowledge of the geography and street systems of the seven-county metropolitan area, as well as the location of major attractions within those areas. The applicant must also have a demonstrated knowledge of the provisions of this Ordinance relating to the conduct of Taxicab Drivers and the operation of a Taxicab. The Airport Director shall establish tests to verify these abilities and this knowledge. A Driver must pass the test before receiving a MAC Driver's License. Such tests shall be administered in compliance with the Americans With Disabilities Act. h. Other Requirements A photograph of each applicant shall be furnished by the Commission without any additional charges. Upon good cause, a fingerprint record will be required by the Airport Police Department. • 12 MAC Ordinance No. 81 • Effective June 1, 1997 i. No Past Due Balance A MAC Driver's License shall not be issued,to any Person who has past due fees or fines. 4.3 Renewal a. A MAC Driver's License shall be renewed annually on the birthday of the Taxicab Driver or within 60 days of the Driver's birthday. Drivers that do not renew their MAC Driver's License within that time period will be required to take the Driver Safety and Customer Service course, retake and pass the MAC Driver's License test, and pay the appropriate fees and fines. b. To renew a MAC Driver's License, the Driver must meet all the requirements of Section 4.2 except the Driver Safety and Customer Service Course and the- MAC Driver's License test subject to the provisions of Section 4.2.f. C. A temporary MAC Driver's License, not to exceed 30 days, may be • issued pending the background investigation. 4.4 Driver Information on File with-Commission a. Driver Information Each Taxicab Driver shall keep a current residence address and telephone number on file with the Commission at all times. b. Company Information Each Taxicab Driver shall keep the current name of the Taxicab Owner(s) and Company(ies)for which the Person drives,on file with the Commission at all times. C. Changes Each Taxicab Driver shall provide the Commission written notice of any changes required by this section within 5 days of making the.change. • 13 MAC Ordinance No. 81 Effective June 1, 1997 d. Enforcement Failure to comply with this Section will result in an Immediate Suspension under Section 10.4. 4.5 Ineligibility a. Failing One Section If an applicant fails 1 section of the Driver Safety and Customer Service Course and associated test, the applicant may retake that section of the course and test. b. Failing Two or More Sections If an applicant fails 2 or more sections of the Driver Safety and Customer'Service Course�,and associated test, the applicant shall wait a minimum of 60 days, or other time period established by the Airport Director for such applicants, to retake the entire Course and test. C. False Application • If a MAC Representative determines a false application has been made, the applicant shall wait 6 months before reapplying. A false application is any incorrect statement that could have lead the Airport Director to improperly issue a MAC Driver's License. SECTION 5 - TAXICAB OPERATION 5.1 Commercial Lanes Taxicabs shall only use the Commercial Lanes to pick up passengers at the Airport unless otherwise directed by a MAC Representative. 5.2 Taxicab Loading A Taxicab Driver shall in all instances in which it is requested or required assist a passenger to enter the Taxicab and to load and unload all property except that a Taxicab Driver shall not be required to lift a passenger or property weighing more than 50 pounds. • 14 • MAC Ordinance No. 81 Effective June 1, 1997 5.3 Passenger Transportation No Taxicab Driver shall refuse or neglect to convey any orderly Person or Persons and their reasonable property upon request to their destination. "Orderly" means a Person who is not verbally abusive or physical threatening. A Driver who refuses a short trip will be sent to the end.of the Taxicab line in the Taxicab Staging Area. A Driver will not be sent to the end of that line because the Driver cannot transport excessive luggage. However, the decision that too much luggage exists must be.made before the destination has been discussed. 5.4 Lost Articles The Taxicab Driver shall inspect the Vehicle after the departure of each passenger to ascertain that no article has been left behind. If a passenger leaves an article in the Taxicab, the Driver shall immediately attempt to return it. If the Driver is unable to return the article, the Driver shall immediately notify the Company dispatcher and deliver the article to the Airport lost and found or to the Person acting as Taxicab starter as soon as reasonably • practical. 5.5 Taxilines The Airport Director may establish one or more taxilines at the Lindbergh Terminal and the Hubert H. Humphrey Terminal to ensure that all transportation needs of Persons using the Airport are met. 5.6 Taxicab Manual a. Adoption of Manual The Airport Director has the authority to establish a Taxicab Manual that includes but is not limited to Vehicle standards, taxiline procedures, detailed operational procedures, and administrative issues. Except for emergency declarations by the Airport Director,the Airport Director shall post notice prior to adopting or changing the Taxicab Manual and hold a meeting at which proposed changes will be discussed. b. compliance with Manual Every Person engaged in Taxicab transportation at the Airport shall comply with the Taxicab Manual at all times. • 15 MAC Ordinance No. 81 Effective June 1, 1997 • 5.7 Compliance with Legal Requirements a. Laws All Persons and Vehicles engaged in.Taxicab transportation at the Airport shall comply with all applicable federal, state and local laws. b. Orders All Persons engaged in Taxicab transportation at the Airport shall comply with all lawful _orders or directions given by MAC Representatives. c. Compliance Checks MAC Representatives may conduct random, unannounced compliance checks at any time to determine compliance with this Ordinance and the Taxicab Manual. 5.8 General Taxicab Opergtion Taxicab operation and parking shall at all times s be in accordance with requirements established by the Airport Director. No Taxicab shall be operated so as to obstruct traffic,jeopardize passenger safety or interfere with the efficiency of Airport operations. No Taxicab Owner or Driver shall take any actions that threaten the safety, comfort or convenience of passengers or MAC Representatives or that interfere with the efficiency of Airport operations. SECTION 6 TAXICAB FARES 6.1 Rate of Fare A Taxicab Driver shall not charge more than the legal fare shown on the Taximeter except as otherwise provided by this Ordinance. The legal rate of fare shall not exceed that authorized by the cities of Minneapolis or St. Paul, whichever is greater. Each Taxicab shall have the rate of fare, including any minimum rate of fare, displayed on the outside of the Vehicle, on both sides, so that it is clearly visible to passengers upon entering the Taxicab. 16 MAC Ordinance No.81 Effective June 1, 1997 6.2 Airport Use Fee A $2.00 Airport Use Fee will be added to the final metered rate for trips originating from the Airport. The amount of the Airport Use Fee may be adjusted annually by the Commission to recover the cost paid to the Commission for the Taxicab Permit based on the average annual number of trips per Taxicab Vehicle (rounded to the nearest $.25 increment for ease of collection), except that it shall not be reduced below $2.00. The Driver may only charge one Airport Use Fee regardless of the number of passengers. 6.3 computation of Fares Taxicab Drivers may only charge one fare per Taxicab trip to the passenger or passengers they are transporting, whether or not the passengers are traveling to the same destination, except in the limited circumstances of MAC Representative-directed multiple loading. A Taxicab trip originates from the Airport and concludes when the last passenger has been dropped off at the passenger's destination. One fare means the final rate on the Taxicab meter plus one Airport Use Fee. • MAC Representative-directed multiple loading occurs in circumstances such as weather emergencies, extremely heavy passenger traffic, or when there is a limited number of Taxicabs available. When MAC Representative- directed multiple loading is utilized, any waiting passenger has the right to refuse multiple loading, may command the Taxicab's immediate departure, and shall not be caused undue delay. In cases of MAC Representative directed multiple loading, each passenger pays the full fare, but only one Airport Use Fee may be charged for the Taxicab trip. No passenger, however, shall be required to pay a higher fare than if that passenger had sole use of the Taxicab. 6.4 Taximeter Every Taxicab shall be equipped with a Taximeter in good working order equipped to measure the rate of fare which may legally be charged, and equipped with a light so placed as to enable the passengers at all times to see the fare registered. The Taximeter shall be so equipped that it is not capable of altering the legal fare shown on the meter. The Taximeter must be operating at all times when the Taxicab is engaged. Each Taximeter shall be inspected annually by a meter repair establishment acceptable to the Commission who will calibrate the meter to the rate of fare which may legally be charged. Written documentation of the calibration shall 17 MAC Ordinance No. 81 Effective June 1, 1997 be provided to a MAC Representative as required by Section 3.2.f. A MAC Representative may waive this requirement if the meter has previously been calibrated by another licensing agency within the calendar year, by an establishment acceptable to the Commission. 6.5 Items Displayed in Vehicle The following items shall be displayed in the Taxicab at all times in a position that is plainly visible to passengers seated in the Vehicle: a. A printed card and/or decal containing the permit or license of the city, village or other political subdivision pursuant to which the Taxicab is operated; b. The rate of fare the Taxicab is authorized to charge under this Ordinance.; C. Current Airport Use Fee card issued by the Commission informing the public of the Taxicab's authorization to charge the Airport Use Fee and the amount of that charge; d. MAC Driver's License located next to the Taximeter. SECTION 7 - DRIVER CONDUCT 7.1 ,Solicitation No Person shall solicit the business of carrying passengers for hire in any Taxicab and no Taxicab shall be driven within the limits of the Airport for the purpose of soliciting the carrying of passengers for hire. No Taxicab Driver shall provide any payment to any skycap, MAC Representative, bartender or any other Person in return for the referral of passengers or preferential treatment. "Solicitation" means to directly or indirectly, actively or passively, openly or subtly, ask, request, plead for, seek, or try to obtain passengers for hire in a Vehicle, whether or not by the Owner or Driver of such Vehicle. This includes any effort by use of voice, movement of body or by mechanical contrivance of whatever sort to call attention to the availability of a Vehicle to carry a passenger or baggage for hire. The fact that a Vehicle displays a mechanical device to indicate that such Vehicle is not engaged is not considered solicitation. 18 MAC Ordinance No.81 Effective June 1, 1997 7.2 Alcohol or Controlled Substance Use No Taxicab Driver shall possess, consume or be under the influence of alcohol or a controlled substance while on duty at the Airport. No Taxicab Driver shall consume alcohol or a controlled substance within 4 hours of beginning a shift at the Airport. "Controlled substance" has the meaning given in Minnesota Statutes Section 152.01, subd. 4 or as amended. 7.3 Smokina No Taxicab Driver shall have in his or her possession a lighted cigarette, cigar, pipe, or light or smoke same while driving a Taxicab which is occupied by a passenger unless such passenger shall have first granted permission to do so.. 7.4 Weapons No Taxicab Driver shall have in his or her possession while operating a Taxicab at the Airport any firearm, knife with a blade length in excess of 4 inches, or any assault weapon. • 7.5 Prostitution No Taxicab Driver shall allow any Person to occupy or use such Vehicle for the purpose of prostitution. No Taxicab Driver shall direct or offer to direct any Person to any place or Person for the purpose of prostitution, or to transport any Person to any building, place or other Person with knowledge or reasonable cause to know that the purpose of such transportation is prostitution. 7.6 Discrimination No Taxicab Driver shall discriminate against any Person based on race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age. • 19 MAC Ordinance No. 81 Effective June 1, 1997 •. 7.7 Driver Behavior A Taxicab Driver shall at all times be courteous when dealing with the public or any MAC Representative. A Taxicab Driver shall not use profane or threatening language or gestures directed at or in front of any passenger or MAC Representative. No Taxicab Driver shall interfere with any other authorized Driver with whom any Person is negotiating or inquiring about the - transportation of Persons or property. SECTION 8 - SPECIAL CALL TAXICABS 8.1 Picking Up Prearranged Passengers Special Call Taxicabs, whether or not permitted by the Commission, may pick up passengers at the Airport using the areas designated by the Airport Director. 8.2 Comply with Manual Special Call Taxicabs and Drivers shall comply with Special Call provisions of the Taxicab Manual and any direction of MAC Representatives. • 8.3 Fees Special Call Taxicabs not permitted by the Commission shall use the cash Commercial Lane and pay the Cash Lane Trip Fee or Cash Lane Lost Ticket Fee set forth in Schedule I. Special Call Taxicabs not permitted by the Commission remaining in the lane longer than the dwell time set forth in Schedule I shall pay a Dwell Fee as set forth 'in Schedule L Taxicabs permitted by the Commission are not subject to the Dwell Fee. The Airport Director may increase or decrease the Dwell Fee or the dwell time set forth in Schedule I as needed in order to ensure that commercial roadways operate free of congestion, and may do so to reflect different levels of congestion that may occur during the day. The Airport Director may adjust the Cash Lane Trip Fee and Cash Lane Lost Ticket Fee to match the fees paid by other Vehicles that use the Cash Lane. 20 MAC Ordinance No. 81 Effective June 1, 1997 SECTION 9 FEES 9.1 Annual Taxicab Permit Fee a. Taxicab Permit Year Each Taxicab Owner shall pay a nonrefundable Taxicab Permit Fee for use of the Permitted Taxi Lanes in order to support the costs described in Section 9.1.b. An annual Taxicab Permit Fee for each Taxicab Vehicle shall apply to the period from November 11 to November 10 of each year or as otherwise established by the Commission. The fee shall be paid in full at the time of application for the Taxicab Permit. b. Establishment of Fee For the periods June 1 to November 10, 1997 and November 11, 1997 to November 10, 1998,the Taxicab Permit Fee shall be as set forth in Schedule I, which reasonably recovers 80% of Taxicabs' proportionate share of the year's budgeted costs as defined below. For each subsequent year the Commission shall establish the Taxicab Permit Fee • to reasonably assure recovery of 100% of such budgeted costs. The amount shall be rounded to the nearest $25.00 increment. When determining budgeted costs, the Commission shall take into consideration among other things, actual historical costs, operational costs, administration,depreciation, and interest attributable to the Airport terminal roadway system and the commercial ground transportation facilities, and the previous years' historical data regarding the numbers of trips by class of Vehicle. The fees shall be established by the Commission at public meetings with notice provided in accordance with Section 11. 9.2 AVI Tao-D?, sit The AVI Tag deposit shall be as set forth in Schedule I. The deposit is refundable if the AVI Tag is returned to the Commission in good condition within 60 days following the expiration or termination of the Taxicab Permit. 21 - MAC Ordinance No. 81 Effective June 1, 1997 9.3 MAC Driver's License Application Few The annual MAC Driver's License Application Fee shall be as set forth in Schedule I. The fee shall be paid at the time the application is filed and is nonrefundable. 9.4 Driver Safety and Customer Service Course Fee A fee for the Driver Safety and Customer Service Course will be charged so that the Commission recovers the cost of providing the course. 9.5 `Transfer-F The transfer fee shall be as set forth in Schedule L 9.6 Late Fee A late fee of $5.00 or 1% per month on past due -balance, whichever is greater, shall be charged on any past due balances. 9.7 Other Fees The Commission has the authority to adjust any of the fees in this section annually when setting the Taxicab Permit Fee; notice shall be provided as in Section 11. The Airport Director has the authority to establish other fees that cover reasonable administrative costs for services provided to Taxicab Owners or Drivers. SECTION 10 - ENFORCEMENT 10.1 5col2e 2. Violations The sanctions set forth in this section shall apply to Persons committing any of the following (hereinafter referred to as "violations"): 1. Violations of this Ordinance, the Taxicab Manual, or any laws or regulations expressly incorporated by this Ordinance; 2. Violations of any Ordinance of the Commission for which a criminal penalty may be imposed; • 22 I • MAC ordinance No. 81 Effective June 1, 1997 3. Violations while on Airport property of any law of the State of Minnesota or the United States for which a criminal penalty may be imposed. b. Penalties Penalties for violations shall be as set forth in this Ordinance and Schedule. IL The Commission at public meetings may review and change Schedule II annual) or as it de . ems necessary. . Y ry Notice shall be provided as required in Section 11. It is anticipated that changes to Schedule II would be recommended through the Taxi Advisory Committee, staff, Commissioners or other .interested and affected parties. C. Enforcement Enforcement of this Ordinance shall be done in a uniform and nondiscriminatory manner. 10.2 Immediate Dismissal From Taxiline • a. Conduct MAC Representatives may immediately dismiss from the taxiline any Driver or Vehicle on the grounds that, in the judgment of the MAC Representative: 1. The Driver or the Owner of the Vehicle is engaged in behavior in the taxiline which amounts to a violation and which is disruptive of the efficient operation of the taxiline. 2. The Driver is driving a Vehicle in the taxiline which is in violation of standards which relate to the ability the Vehicle to safely afel Y convey passengers. 3. The Driver has violated taxiline procedures and has taken an improper position in the taxiline. b. Qther Actions Not Preclud d Any Immediate Dismissal from the taxiline shall be without prejudice to other enforcement actions taken under this section and Schedule 11. • 23 MAC Ordinance No.81 Effective June 1, 1997 • C. limitations On Immediate Dismissal An Immediate Dismissal shall be imposed for one trip through the taxiline only, provided that subsequent violations of the type contained in a.1., 2. or 3. above may result in subsequent Immediate Dismissals. 10.3 Delayed Suspension Repair Notice a. Conduct MAC Representatives may issue to the Driver and the Owner of any Vehicle a Delayed Suspension Repair Notice upon observing that the Vehicle is in violation of the Vehicle standards contained in this Ordinance or the Taxicab Manual, but which do not relate to the ability of the Vehicle to safely convey passengers. b. Contents of Notice The Delayed Suspension.Repair Notice shall set forth: 1. The nature of the violation(s). 2. The date on which the violation(s) took place. 3. The date by which the repair of such violation(s) must take place ("repair date"), which shall be up to 30 days from the date of the violation. 4. Notice that the Permit for the Vehicle shall be suspended, and its AVI Tag deactivated, on the repair date without further notice unless the Vehicle has passed inspection by a MAC Representative. C. Duration A Suspension pursuant to a Delayed Suspension Repair Notice shall be for such time until the Vehicle passes an inspection by a MAC Representative. • 24 • MAC Ordinance No. 81 Effective June.1, 1997 d. Other Actions Not Precluded Any Delayed Suspension Repair Notice shall be without prejudice to other enforcement actions taken under this section and Schedule li. e. Review Any Delayed Suspension Repair Notice shall .be reviewable by the Airport Director upon written request, 10.4 Immediate Suspensions a. Conduc The Manager of the Landside Operations Department (or its successor) or designee may immediately suspend a Taxicab Permit(s) or MAC Driver's License for the following reasons: 1. Failure by an Owner to keep current the information required by Section 3.7 or failure by a Driver to keep current the information required by Section 4.4. 2. Failure by an Owner to respond to telephone communications by the Commission within 12 hours, provided that the Commission has attempted to establish telephone contact by: (1) calling the Company through which the Owner has radio dispatching or is affiliated with; and (2) calling the Owner at the telephone number on file with the Commission. The 12-hour period shall commence when steps (1) and (2) of this paragraph have been completed. 3. Failure by a Driver to respond to telephone communications by the Commission within 12 hours, provided that the Commission has attempted to establish telephone contact by: (1) calling the Company through which the Commission reasonably believes the Driver is operating; and (2) calling the Owner of the Vehicle through which the Commission reasonably believes the Driver is operating at the telephone number on file with the Commission; and (3) calling the Driver at the telephone number on file with the Commission. The 12-hour period shall commence when steps (1), (2) and (3) of this paragraph have been completed. 25 MAC Ordinance No. 81 Effective June 1, 1997 4. Failure by an Independent Owner to keep a current cellular phone number on file as required by Section 3.6.b. 5. Failure by an Owner to pay in full an outstanding balance for any fees that are at least 60 days past due or fines that are not" paid within the time specified by the Ordinance. 6. Violations where the failure to immediately suspend would jeopardize the health, safety or welfare of the traveling public. b. Immediate Suspension Order Upon finding cause for such Immediate Suspension, the Manager of the Landside Operations Department (or its successor) or designee shall immediately issue a written Order of Immediate Suspension to the Owner or. Driver depending on the nature of the violation. The Immediate Suspension Order shall state the grounds for the Suspension and inform the Owner or Driver that he or she may present additional information to the Airport Director, if he or she chooses to request that the Airport Director vacate that order. If such additional information is presented to the Airport Director, the • Director shall consider such information and shall promptly affirm or vacate the Order of Immediate Suspension. C. AVI Tack Deactivation Upon the issuance of an Order for Immediate Suspension, the Commission may deactivate the AVI Tag for one or more of the Owner's Vehicles. Where the Immediate Suspension is for Driver conduct for the reasons stated in Paragraph a.1. or 3. above, the Commission may deactivate the AVI Tag of the Vehicle which the Commission reasonably believes the Driver is operating. For violations of Paragraph a.1. above, if mail is returned to the Commission for bad address, the AVI Tag will be deactivated at the time mail is returned. For any other information required by Sections 3.7 or 4.4, the Commission shall wait 5 days from the time the Commission received actual knowledge that the information was inaccurate before deactivating the AVI Tag, unless the AVI Tag is deactivated pursuant to Paragraphs a.2., 3., or 4., above. • 26 . MAC Ordinance No. 81 Effective June 1, 1997 d. Immediate Suspension Duration Where the Immediate Suspension is for the reasons stated in Paragraph a. 1., 2., 3., 4., or 5 above, the Immediate Suspension shall end and the AVI Tag shall be reactivated as soon as practical (but not later than the next business day) upon remediation of the reasons for the Immediate Suspension. Where the Immediate Suspension is for the reasons stated in Paragraph a.6. above, the Immediate Suspension shall be for such time as the Manager of the Landside Operations Department (or its successor) or designee determines that there continues to be a threat to the health, safety and welfare of the public; provided that if the Immediate suspension period shall exceed 7 days after issuance of the Order of Immediate Suspension, the Airport Director shall initiate proceedings for Suspension or Revocation through issuance of an appropriate notice. 10.5 Administrative Fines a. Amount • Administrative Fines shall be imposed for violations of this Ordinance and the Taxicab Manual as set forth in Schedule IL b. Notice of Assessment Any person authorized by the Airport Director shall have the authority to issue a Notice of Assessment of fines to the Owner and/or Taxicab Driver who is the violator(s). The Notice of Assessment shall state: 1. the nature of the violation; 2. the date on which the violation occurred; 3. the amount of the fine; and 4. the date of the Notice of Assessment. • 27 I MAC Ordinance No. 81 Effective June 1, 1997 • C. Pam n Payment of fines must be received within 15 days of the date on which the Notice of Assessment is dated, or where a hearing is requested, within 15 days of the date of the Commission's final action affirming the Notice of Assessment under Section 10.8. 10.6 Suspensions a. ConduQt Taxicab Permits and MAC Driver's Licenses may be suspended for any one of the following reasons: 1. Repeated violations for which fines have been assessed, as set forth in Schedule IL 2. Violations for which Suspension is specified in Schedule H. 3. Violations' which are aggravated in nature by their adverse impact on the orderly delivery of ground transportation services to the public or the efficient operation of the airport. b. Notice of Sus ensign The Airport Director shall have the authority to issue a Notice of Suspension. The Notice of Suspension shall set forth: 1. the nature of the violation(s) which is the reason for the Suspension; 2. the date of the violation(s); 3. the length of the Suspension; 4. the date on which the Suspension shall commence; 5. the date of the Notice of Suspension; and 6. the right to a hearing. The Airport Director shall review any report brought to his/her attention and may conduct additional investigation into such facts as deemed 28 MAC Ordinance No. 81 • Effective June 1, 1997 necessary in order to determine whether there are grounds for issuance of a Notice of Suspension. A Suspension shall commence not earlier than 15 days from the issuance of a Notice of Suspension or, where a hearing is requested, the final action of the Commission sustaining the Suspension under Section 10.8. C. Duration The Suspension shall be for the period .stated in Schedule II, where specified, or for such time as is ordered by the Airport Director not to exceed 6 months. d. AVI Tag Deactivation Upon the commencement of a Suspension, the Commission may deactivate the AV[ Tag(s) for the.Owner's affected Vehicle or Vehicles for the length of the Suspension. 10.7 Revocations • a. Conduct Taxicab Permits and MAC Driver's Licenses may be revoked where any one of the following exist: 1. A violation(s) for which a Notice of Suspension may issue where the violator has had a previous Suspension within 12 months prior to the violation. 2. Violations for which Revocation is specified in Schedule I]. 3. Violations that indicate a willful or reckless disregard for, and which has an immediate impact on the health, safety or welfare of the public. b. Notice of Revocation The Airport Director shall have the authority to issue a Notice of Revocation. The Notice of Revocation shall set forth: 1. the nature of the violation(s)which is the reason for the Revocation; 2. the date of the violation(s); 29 i MAC Ordinance No. 81 Effective June 1, 1997 • 3. the length of the Revocation; 4. the date on which the Revocation shall commence; 5. the date of the Notice of Revocation; and 6. the right to a hearing. The Airport Director shall review any report brought to his/her attention and may conduct additional investigation into such facts as deemed necessary in order to determine whether there are grounds for issuance of a Notice of Revocation. A Revocation shall commence not earlier than 15 days from the issuance of the Notice of Revocation or, where a hearing is requested, the final action of the Commission sustaining the Revocation under Section 10.8. C. Duration 1. MAC Driver's License After a MAC Drivers License has been revoked, the Taxicab • Driver shall not be eligible to apply for another MAC Driver's License for a period of 2 years from the date Revocation commences. 2. Taxicab Permit In the event that any or all of the Taxicab Permits of an Owner are revoked, the Owner shall be eligible to apply for new Taxicab Permits as follows: (i) In the event that fewer than all Taxicab Permits of an Owner are revoked, for a period of 2 years after the date on which the Revocation commences, the total number of Taxicab Permits which the Owner is eligible to hold shall be the number of Permits held prior to the Revocation minus the number of Permits revoked. (ii) In the event that all Taxicab Permits of an Owner are revoked, such Owner shall not be granted any Taxicab Permit for any Vehicle for a period of 2 years from the date on which the Revocation commences. • 30 • MAC Ordinance No. 81 Effective June 1, 1997 d. Multiple Permits Where an Owner has more than one Taxicab Permit, only the Permit for the Vehicle involved in the violation shall be revoked. If the violation(s) giving rise to the Revocation involves conduct or policies involving all of the Vehicles of the Owner, all of his/her Airport Permits shall be revoked. Conduct or policies involving all of an Owner's vehicles includes but is not limited to: 1. violations which have the potential to place in imminent jeopardy the safety and well-being of others; or 2. violations involving dishonesty, fraud or corruption; or 3. violations where the Owner has knowingly or with reckless disregard allowed Vehicles to be operated by Drivers who do.not hold valid MAC- Driver's Licenses; or 4. more than 2 insurance violations and where one-third or more of the Owner's Vehicles have been operated without • the insurance required by this Ordinance during any 12- month period. 10.8 Procedure a. The procedures herein shall apply to Persons receiving a Notice of Assessment, Suspension, Revocation, or loss of License under Section 4.2.f, but shall not apply to a Dismissal From Taxiline, Delayed Suspension Repair Notice or Order for Immediate Suspension. b. Any Person receiving a Notice of Assessment, Suspension or Revocation may request a hearing before a Hearing Officer. Such request must be made in writing and received by the Airport Director within 15 days after the Notice of Assessment, Suspension or Revocation has been issued. C. If the Person requests a hearing, the Airport Director shall so advise the Executive Director, who shall appoint a Hearing Officer to conduct the hearing. The Hearing Officer shall set a time for such hearing to be held as soon as practical. The Airport Director shall notify the Owner or Driver of the time and place of the hearing not less than 5 days before the time set for the hearing. • 31 MAC Ordinance No. 81 Effective June 1, 1997 • d. The hearing shall be conducted by the Hearing Officer, shall be recorded by electrical or mechanical recorder or by a qualified reporter, and shall proceed as follows: 1. The Airport Director shall present evidence which supports the facts constituting grounds for the Notice. 2. The Person requesting the hearing may appear in person, may be represented by counsel, may cross-examine Airport Director's witnesses who are present, and may present any relevant evidence which the Owner or Driver has relating to the facts constituting grounds for the Notice. The evidence at the hearing shall be limited to that which is relevant to the facts constituting grounds for the Notice. 3. All .testimony shall be taken under oath, but both the Airport Director and the Person requesting the hearing may introduce testimony under oath in the form of sworn statements if witnesses are unavailable or refuse to appear in person. 4. The Hearing Officer shall hear the evidence and shall make recommended findings concerning the facts relevant to the violation(s) set forth in the Notice. The.Hearing Officer shall make no determination conceming the penalty set forth in the Notice, nor shall the Hearing Officer make recommended findings concerning any substantive issue other than the facts underlying the Notice. 5. The Hearing Officer shall issue a report in writing stating his/her recommended findings as soon as practical following the hearing. 6. Either the Airport Director or the Person requesting the hearing may request review of the Hearing Officer's report by the Executive Director. The-review must be requested by filing with the Executive Director a written Request for Review within 10 days of the date of the Hearing Officer's report. The Request for Review must state reasons for reversing or vacating the report. The party not requesting review may submit a written Response to the Request for Review within 10 days of the date of the Request for Review. Based on the record of the hearing, the Request for Review and the Response, the Executive Director shall issue a written ruling that affirms, reverses or vacates the Hearing Officer's report. The Executive Director may order remand to a Hearing Officer for a new hearing, a supplemental hearing and/or for additional findings. • 32 MAC Ordinance No.81 Effective June 1, 1997 7. Where review is requested, the Executive Director's ruling shall be the final action of the Commission. Where review is not requested within 10 days as set forth in Section 10.8.d.6., the Hearing Officer's report shall be the final action of the Commission. SECTION 11 - NOTICE 11.1 Notice of Violations Notice as required by Section 10, or any other notice required by this Ordinance to be given to an individual, is sufficient if delivered in person, sent by U.S. mail to the last address on file with the Commission, or transmitted by fax. Time of "issuance" means when the notice is hand delivered, placed in the mail, or faxed. 11.2 Posted Notice Notice of Commission meetings to review Schedules I or II, notice of meetings, and notice of issues that affect numerous Taxicab Owners or Drivers shall be sufficient if posted at the Super America on Post Road or other location reasonably calculated to provide notice. Changes to Schedules I or II (that require Commission action • ) shall be posted in such manner 30 days prior to implementation. SECTION 12 - GENERAL PROVISIONS 12.1 Penalty Any Person violating any of the provisions of this Ordinance shall upon conviction be punished by sentence within the parameters of the maximum penalty for misdemeanors set forth in Minn. Stat. § 609.03 or as amended. 12.2 Provisions Severable If any part of this Ordinance shall be held unconstitutional or invalid, this does not affect the validity of the remaining parts of this Ordinance. The Commission declares it would have passed the remaining parts of this Ordinance without the unenforceable provisions. 12.3 Repealer As of the effective dates of this Ordinance, Ordinance No. 79 as it relates to Taxicabs is revoked. Ordinance 79 remains in effect for all other Commercial Vehicles. 33 i MAC Ordinance No. 81 Schedule Adopted April 1997 • SCHEDULE II Violations are cumulative by category and all categories are tracked for a 12 month consecutive period. Fines will be assigned to each Person/Vehicle involved in the incident. In addition to the penalties established in this Schedule, the Airport Director may require a Driver to attend remedial training, such as the Driver Safety and Customer Service Course and test, in appropriate situations at the Driver's expense if the Airport Director determines performance may be improved. (See Section 4.2f.) Category A: First offense in this category warning, second offense fine, third offense fine doubles, fourth offense suspension, fifth offense suspension doubles, sixth offense revocation. Category B: No warning, first offense in this category fine, second offense suspension, third offense revocation. Category C: No warning, first offense in this category suspension, second offense revocation. Category D: No warning, first offense in this category revocation. Vehicle Owners are responsible for paying all fines. Responsible Party Codes identify which individual would be held responsible for accumulating offenses. D = Driver, O = Owner, E = Either the Driver or Owner, whoever is determined responsible. If both are determined to be responsible, both will be held accountable. Applicable Length of Category A Se ion Fine Suspension aaam Al Driver not with Vehicle in areas where Manual $25.00 1 Week D required to stay with Vehicle A2 Taxi Trunk Cluttered/Dirty Manual $25.00 1 Week D A3 Taxi Front Seat Cluttered Manual $25.00 1 Week D A4 Interior/Exterior Dirty Manual $25.00 1 Week O A5 Obstructing Roadways and/or Double Parking Ord 5.8 $50.00 30 Days D A6 Discourteous Behavior, Use of Profane or Threatening Language to Passengers,MAC Employees,MAC Agents, and Other Drivers Ord 7.7 $50,00 1 Week E A7 Missing Equipment Manual $50.00 30 Days 0 MAC Ordinance No. 81 • Schedule Adopted April 1997 Category B 81 Overcharging Passengers Ord 6.1,6.2, $50.00 30 Days D (Driver must also pay restitution) 6.3,6.4 B2 Violations of MAC Ordinance, Taxicab Manual Not Specifically Mentioned All $50.00 30 Days E B3 Driver Operating without a valid MAC Driver's License Ord 4.1 $200.00 60 Days E B4 Soliciting /Loading in Improper Area Ord 5.1,7.1 $500.00 1 Year D B5 Driver/Owner Refusing to Comply With MAC Representative Instructions Ord 5.7.b $100.00 30 Days D B6 Unloading in Improper Area Ord 5.8 $100.00 30 Days D B7 Bypassing Holding, Staging, or Loading Area Manual $100.00 30 Days D • B8 Failure to display required items Ord 6.5 $100.OD 30 Days O B9 No/Incomplete Trip Sheets Manual $100.00 30 Days D B10 Vehicle Operating Without Inspection Decal Ord 3.2.e $200.00 60 Days O B11 Unauthorized Company Transfer Authorized Vehicles Ord 3.8 $100.00 60 Days O B12 Careless/Reckless Driving Ord 5.7,5.8 $100.00 30 Days D B13 Radio/cell phone violations Ord. 3.6, 12.5 $200.00 30 days O Category C C1 Conduct Which Interferes With or Threatens the Safety of Passengers Ord 5.8 30 Days E C2 Conduct Which Interferes With or Threatens the Operational Efficiency of the Airport r rp Ord 5.8 30 Days. E C3 Discrimination Ord 7.6 30 Days E C4 Unauthorized AVI Tag Transfer • Between Authorized Vehicles Ord 3.3, 3.8 120 Days 0 MAC Ordinance No. 81 Schedule Adopted April 1997 SCHEDULE SCHEDULE OF FEES Taxicab Permit June 1 - November 10, 1997 $625.00 November 11, 1997 - November 10, 1998 $1,500.00 AV[ Tag Deposit $50.00 MAC Driver's License Application Fee $25.00 Transfer Fee $75.00 Late Fee $5.00 or 1% per month on past due balance, whichever is greater Cash Lane Trip Fee* $5.00 Cash Lane Lost Ticket Fee* $30.00 Cash Lane Dwell Rate* 0 - 10:59 minutes $0.00 11:00 - 20:59 minutes $1.00 each additional 10 minute increment $2.00 Fees are subject to annual review by the Commission according to Section 9 *These Special Call Taxicab Fees may be adjusted periodically by the Airport Director under Section 8.3. Check with Landside Operations for current amounts. a:SCHED.1 MAC Ordinance No. 81 Effective June t., 1997 12.4 Time Periods The time periods set forth in this Ordinance shall be based on calendar days unless otherwise specified. 12.5 Effective Dates The Ordinance is effective June 1, 1997 except as provided below. a. Section 3.6 is effective for the Permitting year beginning November 11 1997. For the Permitting period June 1 - November 10, 1997, each Taxicab shall be equipped with an operable two-way radio with 24-hour dispatch service or a cellular phone. This two-way communication device shall be turned on at all times while the Driver is in the Vehicle. If a cellular phone is used, the cellular phone number shall be kept on file with the Commission at all times. b. Section 3.4.a. is effective May 11, 1998. From June 1, 1997 - May 10, 1998, the Owner shall have in force insurance with minimum coverage of $100,000 bodily injury per person, $300,000 bodily injury per accident, and • $100,000 property damage and comply with all other requirements of Section 2.9 of MAC Ordinance 79. N „ (P lZ,r 1°91 H -A N �' FfI F� o • si81LL a:�sct�ed.2 3 4 MAC Ordinance No. 81 Schedule Adopted April 1997 C5 Unauthorized Owner Transfer Ord 3.8 120 Days 0 C6 Terroristic Threats Ord 5.7.a 120 Days E C7 Operating Without Insurance Ord 3.4, 12.5 180 Days 0 at o C ea ry D D1 Unauthorized Vehicle Ord 3.1, 3.2, 3.3 Revocation E D2 Manipulating AVI Tags to Reduce or Eliminate Dwell or Trip Charges Ord 3.3 Revocation 0 D3 Bring Weapons onto MAC Property Ord 7.4 Revocation E D4 Alcohol/Controlled Substance violations Ord 7.2 Revocation D Schedule II is subject to change by Commission action according to Section 10.1. a:sched.2 • City Council Agenda Item No. 10b • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist l DATE: July 21, 2003 SUBJECT: An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center At the direction of the City Council, the city's Housing Commission investigated and reviewed options for revising the city's rental licensing ordinance and reducing the calls for police and fire service at apartment complexes in the city. The Housing Commission's review of the city's rental licensing policies and procedures is part of the city's effort to improve the effectiveness of its policies and procedures relative to rental housing in the city. On March 25, 2002, the City Council adopted Ordinance No. 2002-03, An Ordinance Amending Sections of Chapter 12 of the Brooklyn Center Code of Ordinances Relating to the Licensing of Rental Properties. The passage of this ordinance amendment was phase one of an effort to clarify the city's rental licensing regulations. The second phase,begun • by the city's Housing Commission in April 2002,was to consider additional changes to the city code relative to rental licensing which would address a more comprehensive approach to regulation of rental property. The Housing Commission began its review of rental licensing issues in April 2002 with the Commission's work culminating in a special joint meeting with the City Council to review its recommendations on April 2, 2003. The following is a summary of some of the major points of the Housing Commission's consideration of rental licensing amendment options. • The Housing Commission reviewed rental licensing ordinances and policies from numerous metropolitan area cities including Woodbury, New Brighton, Richfield, Minneapolis, Eagan, St. Louis Park and Brooklyn Park. Ordinances from the cities of New Brighton, Richfield and Brooklyn Park included a requirement for a provisional license. • The Commission also discussed the issue of tenant and employee background checks in rental properties. The Commission believed that background checks should be done on both employees and tenants and believed strongly that owners and managers should have this information available when making decisions about tenants and employees. • The training of apartment owners and managers was also discussed by the Commission. Some of the municipal ordinances reviewed required that owners/managers undergo some type of training, usually provided by the City. The general consensus of Commission members was that they did not want to become involved in training of • owners and managers since they did not want to "micro manage"the apartment complexes. Page 1 • • The Commission also discussed how fees should be used to relate to the number of calls for service and what fee structure would be both equitable to the apartment owners and managers but yet serve as an incentive to maintain low calls for service rates at their particular complex. The Housing Commission did not recommend a specific fee structure. • In reviewing the various municipal ordinances, the Commission believed it was important that any ordinance change enacted by the City of Brooklyn Center be compatible with the ordinance in Brooklyn Park since the two cities are so closely aligned in terms of the rental market. • The Commission also spent a significant portion of time reviewing the purpose paragraph contained in the current draft ordinance. The Commission emphasized the importance of this provision and particularly emphasized the section that states "operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children". • The Housing Commission's final draft ordinance, which was recommended to the City Council,most closely followed the New Brighton ordinance. The manager's certification section from the New Brighton ordinance was deleted from the Housing Commission's draft. This provision requires that a site manager must complete a training program provided or specified by the City. Additionally, the Housing Commission's draft • included background check provisions contained in Brooklyn Park's ordinance. JOINT CITY COUNCIL AND HOUSING COMMISSION MEETING HELD TO DISCUSS PROPOSED RENTAL LICENSING ORDINANCE AMENDMENT On April 2, 2003, the City Council and Housing Commission met in a special joint session to discuss the Housing Commission's recommendations regarding An Ordinance Pertaining To The Licensing Of Rental Units In The City of Brooklyn Center. A summary of the main items discussed and recommended at the April 2, 2003,joint meeting follows: • The City Council and Housing Commission agreed that the City should establish a provisional rental license category for apartment complexes generating excessive police and fire calls for service. • The City Council and Housing Commission recommended at the April 2°a meeting that, the point at which calls for service would require a provisional license would be .41 calls for service per unit per year,which is based on the mean average of calls for service for apartment complexes with more than four units. • The consensus of the City Council and Housing Commission was to apply the ordinance provisions to apartment complexes with five or more units. • The City Council and Housing Commission agreed that the term of any regular rental license should remain at two years,but language should be added to review a complexes call for service status before the license period ends. • The City Council and Housing Commission also agreed that criminal background checks • should be conducted on prospective tenants and that this should be incorporated into the ordinance. Page 2 • • Housing Commission Chair requested a"no retaliation"provision be incorporated into the ordinance. MAY 8, 2003, ASSOCIATION OF RENTAL MANAGERS (ARM) MEETING TO REVIEW PROPOSED ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER On May 8, 2003, the proposed ordinance amendment was discussed with the members of ARM. It was explained to the ARM group that the proposed ordinance will be reviewed formally by the City Council at their June 9, 2003 meeting and that the May 8, 2003 ARM meeting was an opportunity for property owners and managers to review and discuss the provisions of the proposed ordinance amendment. It should be noted that copies of the proposed ordinance amendment were mailed to all apartment property owners in Brooklyn Center. Some of the major concerns and discussion points raised at the May 8, 2003 ARM meeting follows: • One of the concerns expressed at the May 8th meeting was that the number of calls for service at .41 would be a problem for smaller complexes. The calls for service number has since been revised to .65 per unit. This calculation is based on data from June 2002 through June 2003. • There was a concern expressed that the requirement for criminal background checks would create additional costs for apartment properties. As a response, the Housing • Commission, in its deliberation to prepare a draft ordinance, believed very strongly that apartment property owners and managers should conduct criminal background checks on tenants to assist them in making decisions on renting to specific individuals. • Another concern expressed was that tenant disputes can generate numerous calls for service and that this situation would be unfair in terms of counting all calls for service. It should be noted the ordinance addresses situations such as this whereby the City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. • Another issue raised at the May 8th meeting was how to determine whether an offense is generated by a tenant or a guest and whether the guest's offense would count as a call for service against the apartment complex. This situation has been acknowledged and in the most current draft, vandalism calls have been deleted from the count of calls for service due to the fact that most vandalism calls are damage to vehicles caused by indiciduals not associated with apartment complexes. However, if any of the remaining offenses in the ordinance can be linked to a guest associated with a particular tenant or apartment unit, these calls would be counted against the apartment complex. CONSIDERATION OF AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER AT THE JUNE 9 2003 CITY COUNCIL MEETING. At the June 9, 2003 City Council meeting, an opportunity was provided to apartment owners and managers to discuss and comment on the proposed ordinance amendment. It was noted at the • outset of the meeting that the original draft of the ordinance contained an incorrect mean average of.41 calls for service per unit and that the correct mean average should actually be .51 calls for Page 3 • service per unit on an annual basis calculated on calls for service during calendar year 2002. A summary of the comments and concerns raised by apartment property owners and managers at the June 9, 2003 City Council meeting follows: • A concern was expressed by one apartment owner that the requirement to prepare a mitigation plan would take time away from normal management duties and that the ordinance provisions could reduce the value of rental properties in the city. • Some of the property owners/managers resent at the meeting suggested that the focus of g p g gg enforcement should be on tenants and those managers that are not managing their properties well. • It was also suggested by property managers at the meeting that the ordinance may result in owners and managers telling their tenants not to call the police for service. • There was some concern expressed by apartment owners and managers that it is not fair to hold landlords responsible for tenant behavior and that the city should focus on what the landlords can control not what they cannot control. • The Council concluded the discussion of the rental licensing ordinance and tabled the item to the July 28, 2003 City Council meeting to provide an opportunity for additional discussion and review by apartment owners and managers at the July 10, 2003 ARM meeting. DISCUSSION AND REVIEW OF AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER AT THE JULY 10 2003 MEETING OF THE ASSOCIATION OF RENTAL MANAGERS (ARM). • Staff presented a revised ordinance pertaining to the licensing of rental units in the City of Brooklyn Center to the ARM group. In part, the revised draft was in response to comments received from apartment owners and managers relative to the types of calls for service, which would be counted for a provisional license. In the revised draft presented at the July 10th ARM meeting, vandalism calls had been deleted from the count of calls for service since the majority of vandalism calls were generated by individuals not connected to particular apartment complexes. Subsequently, the revised calls for service,which would initiate a provisional license was proposed at .65 calls for service per unit annually. Based on comments and questions from apartment owners and managers at previous meetings, staff distributed samples of two mitigation plans from the City of New Brighton so apartment owners and managers could review the types of information typically included in a mitigation plan. Lieutenant Kevin Benner reviewed a Power Point presentation relative to the proposed ordinance and discussed the specific types of violations, which would be counted in the calls for service total. In their discussion of the draft ordinance,property owners and managers raised some of the same issues discussed at previous meetings. A summary of their comments from the July 10th ARM meeting follows. • Page 4 • • Concern was expressed over the process used to generate the ordinance, suggesting that there should have been more involvement from apartment owners and managers in the drafting of the ordinance. • A suggestion was made that property owners could be fined for false fire alarms rather than being issued a provisional license. • One property owner commented that even though he feels his building is properly run and he screens his tenants, it is not always possible to predict a tenant's behavior. • Resources available to assist property owners and managers in addressing tenant problems was also discussed and one property manager commented that she believed it is the responsibility of the owners and managers to educate tenants and not the City. She also noted there are resources available for owners and managers to provide educational opportunities for tenants. • A concern was expressed that smaller complexes would be unfairly impacted by the ordinance relative to the calculation of calls for service which would trigger a provisional license. Initially, the Housing Commission discussed including all rental property, including single family, in the ordinance. The recommendation to include properties with five or more units is a modification of the Housing Commission's initial position. Staff noted that the draft ordinance would again be reviewed by the City Council at their regular meeting to be held on July 28, 2003. SUMMARY OF PROVISIONS OF PROPOSED ORDINANCE PERTAINING TO THE • LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER Based on feedback from apartment owners and managers at the meetings reviewed in this memorandum, staff has revised the proposed ordinance pertaining to the licensing of rental units in the City of Brooklyn Center. The revisions consist of removing vandalism as an offense that will count towards an apartment's call for service. Vandalism has been removed since it has been determined that the majority of vandalism incidents at apartment complexes involve damage to motor vehicles, typically done by persons not associated with the apartment complex. As a result of eliminating vandalism from the offenses counted for the calls for service total,the calculation of the mean average also changes. The revised ordinance establishes .65 calls for service per unit per year as the point at which a provisional license is required,based on June 2002 through June 2003 calls for service data. A summary of the major provisions of the ordinance follows. • Section 12-901. Licensing of Rental Units. This section creates two types of licenses, regular and provisional. Regular licenses will be issued for a period of two years and provisional licenses will be issued for a period of six months. All licenses,regular and provisional will be reviewed every six months after the beginning of the license term to determine the license status. • Section 12-910. License Suspension or Revocation, Denial and Non-Renewal. The amendment to this section specifies that a regular license may be revoked at the end of any six month review period, as described in Section 12-901 (2) or at the end of the two year term upon a finding that the licensed premises are only eligible for a provisional • license as provided in Section 12-913. The purpose of this provision is to provide ongoing monitoring of an apartment complexes performance in terms of calls for service Page 5 and the option to revoke a regular license and convert it to a provisional license should • the performance of the apartment complex require it. • Section 12-912. No Retaliation. This provision prohibits landlords from taking retaliatory action against tenants making calls for service "in good faith. This provision was recommended to be added at the April 2, 2003,joint meeting between the Housing Commission and City Council. This section does not preclude a landlord from taking action to evict tenants for unlawful conduct or violation of any rules,regulations or lease terms, but it does restrict the landlord's actions relative to evicting a tenant for retaliation for a call for service made in good faith by a tenant. It should be noted that both the New Brighton and Brooklyn Park ordinance contain a `no retaliation' provision and that State Statute 504B.205, Subdivision 1,Paragraph 2b, states that"a residential tenant may not waive and a landlord may not require the residential tenant to waive the residential tenant's right to call for police or emergency assistance". • Section 12-913. Provisional Licenses. This section provides that licensed multiple dwellings with five or more units that have generated an average of.65 or more police or fire calls per dwelling unit in the preceding one-year period are eligible only for a provisional license. This section also specifically defines the types of offenses that are counted towards the calls for service number. • Section 12-913. Also provides that the City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. This addresses a situation where multiple calls may be generated from a single tenant towards another tenant or other situations where it would be inappropriate to count all the calls for service against the apartment complex. • - This section also provides that calls will not be counted against the apartment complex relative to domestic abuse as defined in the domestic abuse act. - Section 12-913 establishes the period of time used to determine whether a provisional license is required as the 12 month period ending two months before the six month review period described in Section 12-901 (2). - Section 12-913 requires that the city provide by mail to each licensee a monthly report of the calls that are being counted to establish the apartment complexes calls for service number. Section 12-913 also requires that applicants for provisional licenses must submit for Council review a mitigation plan for the license period. Essentially, the mitigation plan is intended to describe to steps the licensee will take to reduce the number of police and fire calls. Examples of two mitigation plans from the City of New Brighton were distributed at the July 10, 2003 ARM meeting and those examples are included in the agenda packets. The ordinance requires that the rental license application include a mitigation plan to be presented to the City Council together with a recommendation b the City g by Y Manager or the Manager's designee as to the disposition of the mitigation plan and a license application. The applicant is also given an opportunity to be heard and present information to the City Council relative to the license application. This section also specifies that if the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for doing Page 6 so in writing. Once the provisional license is approved,the licensee must comply with the mitigation plan as approved or modified by the City Council. The licensee is also required not later than the tenth day after each calendar month to deliver to the City Manager a written report describing steps taken in furtherance of the mitigation plan during the preceding month. • Section 12-914. Tenant Background Checks. This section requires criminal background checks be conducted on all prospective tenants covering at least the last three years. The Housing Commission believed very strongly that a criminal background check is important information for landlords to know so that they are aware of individuals to which they are renting units. CALLS FOR SERVICE COUNTS The police department has generated calls for service data for the city's apartment complexes from June 2002 through June 2003. The calls for service counts are included with this memorandum. With the June 2002 through June 2003 data, the police department has eliminated vandalism - from the list of calls and has prepared the counts of calls for service based on validated disturbing the peace calls. • Validated disturbing the police calls reflect disturbing the peace calls for which a police officer responded during the June 2002 through June 2003 period and for which the • officer was able to confirm or validate the legitimacy of the call. Even though a non- validated call may reflect an actual disturbing the peace incident, if the officer arrives at the scene but cannot confirm the authenticity of the call, the officer cannot validate the offense. An example might be a situation where a call is made to the police for a loud stereo,the officer arrives and the stereo has already been turned down.. At this point the officer is unable to validate the call. • Using validated calls for the June 2002 through June 2003,the calls for service data reflects a .65 mean average. This is the calls for service number reflected in the proposed ordinance. PROVISIONAL RENTAL LICENSE FEE STRUCTURE The current license fee for multiple family dwellings is $150 for each building and$10 for each dwelling unit for a two-year license period. The following information shows various fee structures for a provisional license. The establishment of a fee structure would be accomplished in a separate resolution. MULTIPLE FAMILY DWELLING LICENSE FEE EXAMPLES BASED ON BIENNIAL FEE STRUCTURE A. Current fees are $150 per building and $10 per unit for a two-year license period. Under the current fee structure the rental owner pays the equivalent of$37.50 per building and $2.50 per unit every six months. B. A 50 percent increase in fees for a provisional license based on a biennial fee structure would mean $225 (50 percent increase)per building and $15 (50 percent increase)per Page 7 • unit pro-rated over a two year period would be the equivalent of$56.25 per building and $3.75 per unit every six months. C. A 100 percent increase or doubling of the current fees for a provisional license based on a biennial fee structure would mean $300 (100 percent increase)per building and $20 (100 percent increase)per unit pro-rated over a two year period would be the equivalent of$75 per building and $5 per unit every six months. As an example, for a 100-unit complex with five buildings, the fee structure would cost the following: Scenario A—Regular License$437.50 every six months. Scenario B—Provisional License at 50 percent increase based on biennial fee structure- $656.25 every six months. Scenario C—Provisional License at 100 percent increase based on biennial fee structure- $875 every six months. If the 50 percent increase in rental license fees were to be imposed at each renewal date of the provisional license or every six months, the cost for a provisional license for a 100 unit, 5 building complex would be $225 per building and $15 per unit or$2,625 paid every six months as long as the provisional license is renewed. A 100 percent increase in the license fee would result in$300 per building and$20 per unit or$3,500 every six months in the five building, 100-unit example. A copy of the proposed ordinance pertaining to the licensing of rental units in the City of • Brooklyn Center is included with this memorandum and is offered for a first reading. Also included in the list of attachments are: • Apartment calls for emergency service—June 2002 through June 2003. The chart shows the calls for service per unit for the reporting period June 2002 through June 2003 starting with the lowest calls for service complex to the highest. • City of Brooklyn Center Calls for Police/Fire Service Rental Property(more than four units) 2002-2003 • Copies of two mitigation plans from the City of New Brighton. (The names of the apartment complexes have been blacked out.) • Page 8 Attachments An Ordinance Pertaining to the Licensing of Rental Units in the City of Brooklyn Center Apartment Calls for Emergency Service—June 2002 through June 2003 City of Brooklyn Center Calls for Police/Fire Service Rental Property(more than four units) 2002-2003 Sample Mitigation Plans • • Page 9 CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the day of 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new section 12-900 as follows: Section 12-900. PURPOSE. It is the purpose of this section to assure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. Theoperation of rental residential properties is a business enterprise that entails certain responsibilities Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the city who occupy such units may pursue the Quiet enjoyment of the normal activities of life in surroundings that are: safe secure and sanitary free from noise nuisances or annoyances; free from unreasonable fears about safety of persons and security of property' and suitable for raising children Section 2. Section 12-901 of Chapter 12 is hereby amended as follows: Section 12-901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. [Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance.] Provisional licenses are defined in Section 12-913. 2. License Term. Regular licenses will be issued for a period of two years Provisional licenses will be issued for a period of six months All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the license status 3. License Renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12-902, the Compliance Official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the city council until the Compliance Official has determined that all life, health safety violations or discrepancies have been • corrected. Section 3. Section 12-910 of Chapter 12 is hereby amended as follows: Section 12-910. LICENSE SUSPENSION [OR], REVOCATION, DENIAL AND NON- RENEWAL. 1. Every[operating] license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a[n] [operating] license is suspended or revoked by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid [operating] license may be restored by the City Council. 3. Any person violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with costs of prosecution. Each day of each violation shall constitute a separate punishable offense. • 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. C. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. [any other violation of this Chapter.] failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. any other violation of this Chapter• • [2.] 5. Revocation, suspension and non-renewal may be brought under either this Section or Section 12-911, or both. MDT-223920v2 2 BR291-16 [3.) L. A regular license may be revoked at the end of any six-month review period, as described in section 12-901(2) or at the end of • the two-year term upon a finding that the licensed premises are only li ible for a y g provisional license as provided in Section 12- 913. [4] 7. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. [5] 8. The Council may suspend or revoke a license or not renew a license for part or all of a facility. Y [6] 9. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council • at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 10. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Chapter for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any • limitations on the period of suspension, revocation or non-renewal specified in the City Council's written decision or in paragraph 8. of this Section. MDT-223920v2 3 BR291-16 Section 4. Chapter 12 is hereby amended to add new section 12-912 as follows: • Section 12-912. NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. Section 5. Chapter 12 is hereby amended to add new section 12-913 as follows: Section 12-913. PROVISIONAL LICENSES 1. Licensed multiple dwellings with five or more units that have generated an average of 65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit • a. Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events: 0 calls or events listed in Section 12-911 ii calls or events categorized as part one crimes in the Uniform Crime Reporting System including homicide rape, robbery, aggravated assault burglary, theft auto theft and arson: (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons/dangerous weapons (Minn Stat. 609.02 subd.6 & 609.66) City Ordinance 19- 402 C) Drug paraphernalia(Minn Stat. 152.092) d) Loud persons—City Ordinance 19-1201 e) Gambling (Minn Stat. 609.755 & 609.76) f) Loud parties—City Ordinance 19-1201 • g) Prostitution(Minn Stat. 609.321) MDT-223920v2 4 BR291-16 h) Noise — cars/dogs City Ordinance 1-110- horns/radios — City Ordinance 19- 1201,02,03 • i) Fights—City Ordinance 19-203 j) Drugs/narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew/status offenses/underage drinking— City Ordinance 19-301,19-304 1) Disorderly conduct (Minn Stat. 609.72) m) Property damage—City Ordinance 19-211 n) Assaults 5th degree non-domestic — City Ordinance 19-204 o) Public disturbance-City Ordinance 19-202 p) Fire alarms—City Ordinance 5-112 q) Interference with a peace officer (Minn Stat. 609.50 r) Unlawful assembly (Minn Stat. 609.705) City Ordinance 19-1105 S) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) u) Loitering=City Ordinance 19-201 (iv) The City Manager may determine that multiple • incidents shall be counted as a single call in appropriate cases. b. Calls will not be counted for purposes of determining whether a_provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes Section 518B.01, Subd. 2 (b) and where there is a re op rt of "Domestic Abuse" as defined in the Domestic Abuse Act Minnesota Statutes, Section 518B.01 Subd. 2 (a). C. The period of time used to determine whether a Provisional license is required is the twelve (12) month period ending two months before the six-month review period described in section 12-901(2). d. The City will provide by mail to each licensee a monthly report of calls described in paragraph(1)a) above. 2. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the • number of police and fire calls described in paragraph (1) (a) to a level that qualifies for a regular license. The miti ation 1p an may include such steps as: changes in tenant screening_procedures MDT-223920v2 5 BR291-16 changes in lease terms security measures rules and regulations for tenant conduct and security personnel 3. The pp lication with a ro osed mitigation _ plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve disapprove or approve with conditions the application and the mitigation plan If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing In evaluating a mitigation plan the Council will consider, among other things the facility, its management practices the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls In evaluating a mitigation plan submitted by an applicant already under a provisional license the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire calls 4. The licensee shall comply with the mitigation plan as approved or modified by the Council No later than the tenth day after each calendar month the licensee shall mail or deliver to the City • Manager a written report describing all ll steps taken in furtherance of the mitigation plan during the preceding month Section 6. Chapter 12 is hereby amended to add new section 12-914 as follows: Section 12-914. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years, check must be done "in person" or by utilizing the most recent update of the state criminal histoly files (b) A__statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state: (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area • covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions MDT-223920v2 6 BR291-16 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. • Adopted this day of 200 Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) • • MDT-223920v2 7 BP291-16 • Apartment Calls for Emergency Service -June 02 thru June 03 (These totals are from validated calls for service) Calls Per Unit Basswood Apts 0 Brookdale Manor 0 3701 47'h 0 3713 47t 0 3725 47'h 0 4715 France 0 5843 Fremont 0 Crossing at Brookwood .01 Earle Brown Terrace .02 Maranatha Place .05 Humboldt Square .06 Carrington Drive .09 Twin Lake North .09 350147 I .09 3513 47t .09 6037 Brooklyn Blvd. .09 5207 Xerxes .09 • 5301 Dupont .1 5209 Xerxes 1 Earle Brown Farms .11 6331/6401/6425 Beard .11 Garden City Court .11 Melrose Gates .11 Shingle Creek Tower .13 Evergreen Park Manor .13 Willow Lane .14 7240 West River Road .14 Brookhaven Apts. .17 The Lilacs .18 Brookdale Towers .22 3401/3413 47t .23 Twin Lake Manor .25 River Glen .25 7230 West River Road .25 The Pines .26 5500 Bryant .27 Humboldt Courts .28 Georgetown Park .29 7250 West River Road .29 • Marvin Gardens .31 • Riverwood Estate .31 7018 Brooklyn Blvd .38 Unity Place .38 Sommerset .39 Ewing Square .43 Brookside Manor .5 Lake Shore .5 Sterling Square .5 5211 Xerxes .5 Summerchase .63 Victoria .65 6101 Beard .67 4819 Azelia .75 - Emerson Chalet .78 3601 47'h 1 5240 Drew 1 3613 47th1.55 • • City of Brooklyn Center Calls for Police/Fire Service Rental Property (more than four units) 14 Q 2002-2003 Basswd A is 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 Brookdale Manor 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0.00 Brookdale Towers 0 5 1 0 1 0 0 0 0 1 2 0 0 0 0 1 0 0 0 11 50 0.22 Brookhaven Apt 4 1 1 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 9 54 0.17 Brookside Manor 8 21 2 0 2 0 0 3 0 0 4 1 1 1 0 0 1 0 1 45 .90 0.50 Carrington Drive 1 5 2 0 0 0 0 2 0 0 1 0 0 1 0 0 0 0 0 12 128 0.09 Crss s at Brkwd 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 138 0.01 Earle Brown Terr 0 1 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 3 140 0.02 Earle Brown Farm 0 4 3 0 1 0 0 1 0 0 2 1 0 1 0 0 0 0 0 13 120 0.11 Emerson Chalet 5 4 0 0 1 0 0 2 0 0 1 0 0 0 0 1 0 0 0 14 18 0.78 Evr rn Park Mnr 0 4 1 0 0 0 0 0 0 1 1 0 0 1 0 2 0 0 0 10 80 0.13 Ewing Square 1 2 0 0 1 0 0 4 0 0 0 0 0 1 0 1 0 0 0 10 23 0.43 Garden City Ct 2 4 0 0 0 0 0 1 0 0 0 1 0 0 0 0 0 0 0 8 72 0.11 Georgetown Park 0 6 4 0 5 0 0 3 0 1 0 1 0 1 2 4 0 0 0 27 92 0.29 Humboldt Courts 0 5 1 0 0 0 0 3 0 0 0 1 0 0 0 0 0 0 0 10 36 0.28 Humboldt Square 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 18 0.06 Lake Shore 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 3 6 0.50 Maranatha Place 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 3 65 0.05 Marvin Gardens 4 3 2 1 2 0 0 1 0 0 0 1 0 0 0 2 0 0 0 16 52 0.31 Melrose Gates 2 5 2 0 1 0 0 6 0 3 1 0 0 0 0 0 0 0 4 24 217 0.11 River Glen 5 7 1 0 0 0 0 8 0 2 1 2 3 3 0 0 0 0 0 32 128 0.25 Riverwood Estate 5 10 2 0 0 0 1 2 0 1 0 1 1 2 0 0 1 0 0 26 84 0.31 Shingle Crk Twr 2 4 1 0 0 0 0 3 0 0 3 0 0 0 0 1 0 0 2 16 122 0.13 Sommerset 0 5 1 0 1 0 0 2 0 0 4 0 1 0 0 0 0 0 0 14 36 0.39 ° ,� •N y 6 Ut N a Sterling Square 2 5 2 0 1 0 0 4 0 0 10 0 0 0 0 1 0 0 2 27 54 0.50 Summerchase 27 42 13 0 5 0 0 15 0 1 18 9 1 7 0 2 0 1 18 159 252 0.63 The Lilacs 0 1 1 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 4 22 0.18 The Pines 2 10 3 0 1 0 0 0 0 1 2 1 1 2 2 2 0 0 0 27 102 0.26 Twin Lake Mnr 3 25 20 2 3 0 0 7 0 1 3 5 0 3 0 5 0 0 0 77 310 0.25 Twin Lake North 0 6 7 0 1 0 0 3 0 0 4 2 0 0 0 1 0 0 0 24 276 0.09 Unity Place 8 11 4 0 2 0 0 4 0 0 1 1 0 1 9 2 0 0 0 43 112 0.38 Victoria 6 5 0 0 2 0 0 4 0 0 5 1 0 4 0 4 0 0 0 31 48 0.65 Willow Lane 1 2 1 0 0 0 0 2 0 0 0 0 0 1 0 0 0 0 1 8 58 0.14 3401,3413 47 0 1 1 0 1 1 0 0 0 0 0 0 0 0 0 1 0 0 0 5 22 0.23 350147 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11 0.09 351347 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11 0.09 360147 1 4 0 0 0 1 0 1 0 0 1 3 0 0 0 0 0 0 0 11 11 1.00 361347 2 4 1 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 9 11 1.55 370147 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 371347 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 372547 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 0.00 4819 Azelia 0 1 1 0 0 0 0 1 0 0 1 0 0 0 0 5 0 0 0 9 12 0.75 6101 Beard 2 4 2 0 0 0 0 1 0 0 5 1 0 1 0 0 0 0 0 16 24 0.67 6331/6401/6425 Bd 0 1 1 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 4 36 0.11 6037 BB 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11 0.09 7018 BB 0 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 3 8 0.38 5500 Bryant 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11 0.27 5240 Drew 0 4 1 0 0 0 0 1 0 0 4 0 0 0 0 0 1 0 0 11 11 1.00 5301 Dupont 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 10 0.10 4715 France 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0.00 5843 Fremont 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0.00 7230 WRR 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 2 8 0.25 7240 WRR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 7 0.14 7250 WRR 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 2 7 0.29 5207 Xerxes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 11 0.09 5209 Xerxes 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 10 0.10 5211 Xerxes 0 2 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 6 0.50 Total CFS(+4 units) 95 235 89 5 1 33 60 1 1 81 1 15.1 17 1 77 34 1 33 13 39 3 1 10 793 3,318 0.24 Jul . 2. 2003 12:33PM No.5058 P. 3/10 March 13,2002 • PROPOSED MUIGATION-PLAN ownership and strive to provide quality housing to the residents of and for the Property to be a good neighbor in the larger community. Many measures have been implemented oin the property in an attempt to minimize the number of calls for emergetacy services. These measures range from strict resident screening,to additional s tairxtg,and partnerships with other community agencies to provide on site social service programs. Input and suggestions have been solicited from local resources(including a Community Assessment completed in August 2001). In addition,thorough research into management models and actual,practical situation management of affordable housing across the count=y has been reviewed. Calls for service have declined at ver the last months,however the property is continuing to review,test, and implement additional measures to ftuther reduce the number of calls. Some of these measures have been at a large.financial expense to ownership, while others have been made possible through great partnership • fi muag with other local and regional organizations. Listed below are the cunmt and future key points of the on going, and conturually. developing Mitigation Plain, RESMENX'SC RUNdNG CRrrERU • All adult prospective renters must show a photo jM at the time of their tour and application ° All applicants a ge 18 years and older are screened through a local scxeeraaug company. ° Application approval is based on the previous three years of housing,credit, income and criminal history. ° Criminal background is checked at both the state and 7 county metro levels,and in any other state m which the applicant resided within the past 3 years. • Grounds for automatic denial of an application includes: falsification on application,felony or serious misdeineanor conviction,-poor landlord reference, monies owed to a previous landlord,open bankruptcy or tact lien. ° Applications that pass these auto-denial criteria are reviewed on a strict point based system. Jul . 2•-2003 12:33PM No-5058 P. 4/10 NZ=h 13,2002 -2 . AW)ODENr.CUNAUCr CRUERU • • All leaseholders are required to sign the Crime Free Lease Addendum with their initial lease team.. p Property manager monitors security company logs,police report information, resident calls and all other sources of information concerning resident behavior. Follow-up witlt problem persons or households is a daily part of her job. V Currently in development is a`°Zero Tolerance" addendum,that addresses - nuisance activities that have not, in the past, been viewed by the Ramsey County Housing Court as sufficient grounds for eviction. Eumples of activities that increase the calls for service,but for which it is very difficult to evict include; loitering in hallways or on building entry steps and unsupervised juveniles. We believe that by emphasizing the positive resources that the property zxAes available,a Zero Tolerance addendum will allow management to be more. aggressive through the court system to evict the persons or household(s)who threaten these programs with their nuisance behaviors. PHYSICAL PRO PERTX DRROVXMENTS • Installed controlled entry systems on all buildings in 2001. Installed additional exterior lighting on buildings and garages in 2001 and 2002. • Installed covert cameras to•monitor activity in perbicnlar area of property. • Replaced 4' fencing with 5' fencing along north property line. Added additional fencing along garages near creek. • Removed or trimmed landscape areas to removed any overgrown shnrbs etc. • Installed additional lock options on all I"'floor patio doors. • In 2002 will complete final phase of fire panel and system upgrades throughout the property. • Added on-site basketball-court to address neighborhood concern that resident children had"takezt over"the courts at the nearby local par's. • Have completed architectural drawings to remodel a portion of the existing space in the recreation building to meet the City E-2 building code. Xthis can be funded and built out in the spring of 200.2 the site can look forward to the return of the Tiger Paws after school and summer program. PERSONNEL o Increased.contracted security company patrols from 5 to 7 nights/week in 2001. s Site manager, has planned and implemented between 1 and-3 resident meetings each month since the summer of 200 1. Meetings range from a core resident group interested in forming a resident council,to a property-wide National Night Out celebration with over 200 residents and guests attending. • In 2002 added a full-time position for a Resident Services Coordinator. This Position will assist the manager in planning and holding resident meetings mentioned above, and'coordinating with outside service providers for additional programs on the premises. This position is hired by the management company Jul . 2. 2003 12:33PM No 5058 P, 5/10 March 13,2002 -3 - • and paid for by Nowwrtership. The position was filled mi February 2002,and the new person is currently going through New Hire Training. Management actively recruits and whenever possible hires new staff members who are able to live on site A D DMONAL FMCE rRESENCE Manager has worked with police department personnel to re-establish a police substation at the property as of fts month. Previous location was not easily accessible and therefore was rarely used by the officers. Current location is hear high traffic area of property, easily accessible,'and has good view of a troublesome building entry. Location of this unit could be moved if problem area shiffs. " Ownership has offered a free or reduced rent aparanent to a New Brighton Police or Community Officer willing to keep an eye out on the parking lots,properly entry and other areas,on his/her way on to or out of the property. This is currently on hold due to concerns by the City attorney that an officer agreeing to the arrangement would be receiving`an inappropriate"gift" Management is looking into possible solutions to this dilemma- SOCIAL sERVIUS • o Tiger Paws Program—,After school and summer program for elementary age residents. Was on.site in 2001,will need to rebuild space for it to retrm to the property in 2002. • Community Partners for Youth—After school program at nearby church for middle school age children. Also have a summer program for elementary and middle school children. Community Social Worker—Part-time person was available to the property in 2001,but the number of households that could benefit from case management was larger than a part-time person could carry. Beginning in the spring of 2002 a full` time community social worker will be assigned at This position is hired through Northwest Youth and Family Services, and paid through grant funding. • Additional programs available through school district,Northwest Youth and Family Services,and other agencies are being researched Jul . 2. 2003 12:34PM No.5058 P. 7/10 • Mitigation Plan Management The property is managed full-time by em� who lives on the property and is available 24 hours a day to handle tenant requests for maintenance and to deal with problems which may be related to those which effect the number of police calls that are counted in the licensing program. The property management of over-seen by who's responsibilities have been expanded to include this property. has ten years experience in residential property management, has completed the Certified Residential Manager Program of the Minnesota Multi Housing Association and has taken the Brooklyn Park Crime-Free Multi Housing Program on September 11, 1993 and again in St. Louis Park on October 15, 1998.Iftalso supervises the management of the Mproperty of 550 apartment and town home units at Resident Selection: • The resident selection criteria which has been in place at the_property, will be implimented at Apartments. A copy is enclosed. All adult customers will show photo identification. Applicants will be screened using the services provided by Rental Research Services, Inc., which include credit, residence, and criminal history along with verification..of social security number and other information available through their national data base. Employment and previous rental history are to be verged by our experienced staff at the property management office in Resident Condu .t Criteria: All leaseholders are required to sign the Crime-Free/Drug-Free Housing Lease Addendum with their initial lease term. The nagement team comprised of the property manager, resident manager and myself, an owner of the property, will moniter police reports, resident calls and all sources of information concerning resident behavior. Follow-up with problem persons or households is a daily concern for all management involved withINNINNIMpartments, The Crime-Free/Drug-Free Housing Lease Addendum is an important part of this lease and the provisions of it will be upheld. Jul . 2. 2003 12:34PM No-5058 P. 8/10 Mitigation Plan (cont'd) Re-sideat Conduct Criteria (cont'd)- Item#5 of the rental agreement will be upheld: "...In the event it is determined that said representation or any part thereof are not true and correct or should the tenancy of the Tenant become undesirable by reason of objectionable or improper conduct on the part of the Tenant, his family, or visitors to this apartment, than the Agent shall have the right to cause said termination, the Tenant agreeing to vacate the prenvses within 30 days after receipt of said written notice to quit" Item #6 of the Lease Addendum for Crime-Free/Drug-Free Housing states: "VIOLATION OF THE ABOVE PROVISIONS SHAH BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed serious violation and material non-compilance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease_ Unless otherwise provided by law, proof of violation shag not require criminal conviction, but shall be by the preponderance of the evidence." • Property Improvement Issues• The security doors which are not effectively working at this time are being contracted for replacement This project will be completed within a few weeks according to availabffity of products by the contractor selected to do the work. Other work on the buildings already under way will continue in association with the New Brighton inspections department Other work on the property needed to make it a safe,appearing and comfortable place to live will be done as needed as may be discussed by the inspections, police and management Crime-Free/Drug-Free Multi-Housing guidelines will be followed, as we 11 It is our intent to work together with city offices to make this property one which will relect the goals and standards of the community. Jul . 2. 2003 12 :35PM No-5058 P. 9/10 RESENT SELECTION APARTMENTS, MINNESOTA *Age RequiMmer : Lease holder(s) must be 18 years or older. All occupants 18 years or older will be • required to complete an application (even if living with parent or guardian). ,income Requirement: The gross monthly income of all lease holder(s) will be considered jointly and must equal three times the rental amount on the apartment, for the lease term,The head of household must have been employed by one firm for a continuous period of one year or have verifiable source of income during the previous two year period. -Rend ncv: Up to two (2) years residency history will be reviewed and must exhibit no derogatory references. Any debt owed to a Concierge property must be paid before lease can be approved. -Application Fee: A $25.00 non-refundable fee is required per adult applicant. •Cmdit Requirements' Household members must have a good credit reference from a previous landlord or mortgage company. Credit history will obtained from Rental Research Services, Inc., P.O. Box 5065, Hopkins, MN 55343. 95Z-852-2060. •Identification: Copies of photo Identification and Social Security card will be taken for all applicants. *The limit of number of persons who may occupy a unit are:. One bedroom apartment- no more than 2 persons: Two bedroom apartment- no more than 4 persons. • � shall never deny someone the right to rent an apartment on the,bases of their race, religion, color, creed, sexual preference, age, national origin, martial status, familial status, disability, or because they are a recipient of public assistance in accordance with the Minnesota Human Rights Act, when approving or disapproving an application for a rental it is legitimate to consider whether or • not someone comes in to make the application smelling of alcohol or obviously intoxicated or under the influence of any illegal or illicit drugs, has a history of unlawful detainers, or evictions, a criminal record, poor references or no references from prior landlords. -If a person is going to be denied a rental for bad credit, a lack of credit, criminal record, etc., it is our policy not to give them a reason why they are being turned down. It is sufficient to advise them that they have been turned down. You may be denied rental if: -you misrepresent any information on the application, If misrepresentations are found after a rental agreement is signed, your rental agreement will be terminated. *you have ever been convicted'of the manufacture or distribution of a controlled substance. -you have a conviction for any type of crime that would be considered a threat to real property or to other resident's peaceful enjoyment of the premises, including the manufacture or distribution of controlled substances. This also includes threatening or the act of physical violence. °previous landlords report significant complaint levels of noncompliance activity including but not limited to: -Repeated disturbance of the neighbors` peaceful enjoyment of the area. -Reports of gambling, prostitution, drug dealing, or drug manufacturing. -Reports of violence or threats to landlords, other employees or neighbors. -Allowing persons not on the lease to reside on the premises. -Failure to give legal notice when vacating the property. • •previous landlords would be disinclined to rent to you again for any other reason pertaining to the behavior of.yourself, your pets, your children or others allowed on the property during your tenancy. Management's rental policies are guidelines, which enable us to accept as prospective residents those individuals who are creditworthy and do not have a criminal background. This rental property does not insure that all individuals residing on or visiting the property conform to these guidelines. Jul . 2. 2003 12:35PM No.5058 P, 10110 LEASE ADI)ENUM��lARARTMENTS FOR CRIME FREE/DRUG-F EE • R HOUSING In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident(s) agree as follows; 1. Resident(s), any members of the resident's household or a guest or other person affiliated with the resident shall not engage in criminal activity, including drug-related criminal activity, on or near the said premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute or use of a controlled substance or any substance represented to be drags or any substance represented to be drugs (as defined in Section 102 or the Controlled Substance Act (21 U.S.C. 802)). 2. Resident(s), any member of the resident's household or a guest or other person affiliated with the resident shall of a in an act irate o facilitate cri I activit including drug-related criminal activity, on or near the said premises. 3. Resident(s) or members of the household Iwi! not permit the dwellings tQ be used for or to facilitat, criminal activity indudina drua-related criminal activity regardless or whether the individual engaging in such activity is a member of the household, 4. Resident(s) or members of the household % ill not engage in the manufacture, sale, or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises or otherwise, 5. Resident(s), any member of the resident's household, or a guest or other person affiliated with the resident shaft not enaan- ` acts of violence or threats of viol n�including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other • breach of the rental agreement that otherwise jeopardizes the health, safety, or welfare of the landlord, his agent(s) or tenants. 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENAN .5 A single violation of any of the provisions of this added addendum shall be deemed serious violation and material non-com li ance i the lease. I p with s . t is understood and agreed that a wiggle violation shall be good cause for termination of the tease. Unless otherwise provided by law, proof of violation shall not reouire criminal conviction but shall be by the preponderance of the evidence. 7. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern. 8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident(s). MANAGEMENT RESIDENT(S) Date Signed ARM Meeting Minutes 7-10-03 • Those in Attendance: Dawn Griffin(Willow Lane Apartments), Sarah Bingaman Schwartz (Sun Post), Mou Lee(Shingle Creek Tower), Mary Russell (Brookdale Towers), Adam Seifert(Center Pointe), Jane Thies (Center Pointe), Ed Carlson(Sterling Square), Representative Debra Hillstom, Carol McMahan (River Glen), Councilmember Kathleen Carmody, Housing Commission Member Lloyd Deuel, Tom Bublitz (Community Development Specialist), Brad Hoffman (Community Development Director), Jean& Bob Paden(Evergreen Park and Sommerset Place), Ruth Olson (Carrington Drive), Kenneth Phelan (6101 Beard Avenue North), Gerald Fenstad(Lang Nelson), Betty Anda (Brookside Manor), Donna Frost(Brookside Manor), Amy Schrobil en (Georgetown g g Park), Adam Horsman (Georgetown Park), Kris Bursey (The Crossings), Housing Commission Chair Mark Yelich, Councilmember Bob Peppe, Mayor Myrna Kragness, Kristina Kirksey(Unity Place),Nicole LaCroix (Unity Place), Deb Beckman(Unity Place) Meeting was called to order at 10:05 by Lt. Kevin Benner. Announcements Lt. Benner stated that the City has experienced a significant increase in vandalism and theft to cars. Apt managers should warn residents to keep windows up, cars locked and no valuables in view. Contact the police if there is suspicious loitering in parking lots. National Night Out is August 5, 2003. Lt. Benner shared information on National Night Out and passed out registration forms. . State Representative Debra Hillstrom Representative Hillstrom explained that the Brooklyn Center area has the second largest concentration of apartments in the state and housing is consistently an issue. She has met with MHFA and Met Council to determine what resources might be available to the city to improve housing. There are funds available for making improvements g g prov menu to rental property such as converting one bedrooms to two or three bedrooms or demolishing a building and building a common recreation building or a park area and/or converting to a senior housing building. She welcomes ideas or input from apartment owners and managers. Amendments to Chapter 12 Provisional License Community Development Specialist, Tom Bublitz, shared a draft copy of Chapter 12 showing revisions that include the proposed provisional license and sample mitigation plans that would be a requirement if a provisional license were issued. Lt. Kevin Benner gave a Power Point presentation explaining what crimes would be counted against a provisional license requirement. He described each crime that would be counted when it is determined that the call was related to a specific tenant or their guests. He added tenants are accountable for their guests Lt. Benner described what calls the police department would count towards determining if a property qualifies for a provisional license. They are firearm violations, dangerous weapons, drugs or paraphernalia, loud persons, gambling, loud parties,prostitution, noise disturbances, fights, underage drinking and/or curfew, disorderly conduct, fire alarms, interference with a peace • officer, unlawful assembly and/or presence,terroristic threats, and loitering 7-10-03 Page 1 Part one crimes only count if the suspect is "related to the property". Part one crimes include homicide, rape, burglary, aggravated assault, auto theft, arson, and theft,. • Calls that will not be counted are domestic assaults (where the victim calls), vandalism, medicals, and suspicious acts called in by residents. Gerald Fenstad, from Lang Nelson, stated that he manages 554 units in the City. He proposed a change to the ordinance that when there is an incident that the landlord has no control over and is not life threatening,the call be eliminated and not count against the provisional license. Brad Hoffman stated that with the calls for service data available on Mr. Fenstad's properties,they are not remotely close to qualifying for a provisional license. Larry Martin added that the city is concerned with life/safety issues and making the buildings a safer place to live for all tenants. Lt. Benner pointed out that the goals of this ordinance are to improve the quality of life for residents and neighbors of rental properties and to reduce unnecessary calls for service due to repeat violations. Lt. Benner opened the meeting up for discussion and questions. Betty Anda, Brookside Manor, asked if the ordinance were adopted, would the city follow the same guidelines for each property. Lt. Benner explained that the City Manager would make a determination if a property should be issued a provisional license and that owners and managers have the right to due process if they disagree. • Kathleen Carmody added that the Housing Commission has extensively reviewed the provisional license and that there is a distinct line between properties that would qualify and those that do not. Betty Anda asked when the license provision was first discussed by city staff. Mark Yelich, Housing Commission Chair, explained that the Housing Commission began discussing the license provision nearly two years ago and it has been fine tuned by the City Attorney and city staff following the Housing Commission's recommendations. Councilmember Bob Peppe points out the impact the provisional license would have on the entire city. He adds that the City is trying to reduce housing related problems in Brooklyn Center and keep things moving in a positive direction. By removing problem tenants from complexes it only maximizes living opportunities in the city. He added that the City cannot afford to move backwards in establishing a positive image. Gerald Fenstad raised the possibility of property owners being fined for false fire alarms rather than being issued a provisional license. Ken Phelan, 6101 Beard Avenue North, agreed that imposing a fine to property owners would eliminate the provisional license for some and could increase revenue for the city. He further discussed how he feels his building is properly run and even though he screens his tenants, you cannot always predict a tenant's behavior. Lt. Benner posed a question to owners "Do you feel your building is safe enough for you to live there"? He added that if the answer is no, why would • you feel it's safe enough for your tenants? 7-10-03 Page 2 Mr. Phelan further stated that often his tenants are merely escaping the inner city and do not have the skills to cope with conflict other than calling the police. Often the calls are not serious but it is how his tenants problem solve. He would like the city to offer classes to tenants in conflict • resolution skills, communication skills, etc. so that tenants learn how to better cope with one another. Lt. Benner reminds owners that as owners it is their property and they are responsible for it. Lt. Curt Lund explained that police and/or fire calls for service must be identified to a specific tenant to count against a complex for provisional license requirements. Tom Bublitz, Community Development Specialist, stated that the City looked at charging for excessive calls but the City Attorney felt it was not defensible. He adds that the provisional license is a more defensible mechanism for the City. Owners are required to come up with mitigation plan, which would outline how they propose to resolve the problems. He shared how other cities have brought in outside sources to educate tenants and mentioned which other cities are also adopting similar ordinances. Mark Yelich stated that he lives across the street from one of the complexes and he has called the police when he's seen certain behavior at the complex that makes his neighborhood feel unsafe. He holds the owner personally accountable for the behavior of their tenants. Representative Hillstrom stated that there are funds available from MHFA to educate tenants on how to be a good tenant and get along with others. Dawn Griffin responded that ARM is always looking for speakers to come to the meetings and educate and train managers/owners. • Kris Bursey responded to the suggestion of educating tenants. She feels that the responsibility for educating tenants is with managers and owners not the city. Councilmember Bob Pe pp e stated that the City feels th at the provisional 1 license is necessary to keep the city marketable with a good mix of tenants that provide stability in the city. He feels that owners have to effectively manage their property to keep desirable people in Brooklyn Center. Representative Hillstrom added that she discussed with MHFA who is responsible for a tenant's behavior on rental property. MHFA explained that if a landlord evicts a tenant who is receiving Section 8 benefits, the tenant could lose their Section 8 benefits. She initially was opposed to this ordinance but after attending today's meeting, she feels that adoption of the ordinance is necessary to maintain positive housing opportunities in the city. Brad Hoffman added that the provisional rental license would be reviewed by the City Council on July 28, 2003. Meeting adjourned at 11:50 a.m. by Dawn Griffin. Submitted by, Rebecca Crass 7-10-03 Page 3 City Council Agenda Item No. lOc City of Brooklyn Center A Millennium Community • To: Mayor Kragness an ouncil Members Carmody, Lasman,Niesen, and Peppe From: Michael J. McCauley City Manager Date: July 24, 2003 Re: 2:00 a.m.Bar Closing Time After the legislation allowing 2:00 a.m. bar closing, we discussed waiting before taking any action until we had received a request for 2:00 a.m. bar closing and an opportunity to see what the Metro North Convention and Visitor's Bureau and the Earle Brown Heritage Center's positions might be on the question. We have now received a request from Ref's Bar to consider changing the City ordinance from 1:00 a.m. to a 2:00 a.m. closing time. Ms. Knutson conducted a survey of surrounding communities. That survey reveals that all of the cities adjacent to Brooklyn Center except Fridley now have 2:00 a.m. closing times. (Fridley will be discussing the • issue on August 14Z Mr. Boganey advises that the Earle Brown Heritage Center is neutral on the issue. They have not experienced client requests for bar service past 1:00 a.m. yet. The Metro North Convention and Visitors Bureau has not taken a position on this issue yet. Chief Bechthold is neutral on the issue of a 2:00 a.m. closing. Based on the substantial hospitality industry in Brooklyn Center and the 2:00 a.m. closing times in the adjacent cities, except Fridley, changing our closing time to 2:00 a.m. would probably be appropriate. Some cities are charging an additional fee for a license that goes until 2:00 a.m. The State of Minnesota collects additional revenues for 2:00 a.m. closing authority from liquor license holders. Bloomington recently adopted 2:00 a.m. closing with an additional $500 fee. The item is on the agenda for City Council direction on whether you would like an ordinance revision allowing a 2:00 a.m. closing, and if so, should there be an additional fee charged by the City. 5501 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 Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J.McCauley,City Manager FROM: Sharon Knutson, City Cler DATE: July 22,2003 SUBJECT: 2:00 a.m. Closing Law The 2003 Minnesota Legislative Session passed legislation to allow for the sale of alcoholic beverages on the liquor licensed premises until 2:00 a.m. on all days of the week effective July 1, 2003. Brooklyn Center City Code of Ordinances, Chapter 11, sets the closing hour for liquor licensed premises at 1:00 a.m., which was previously the State Law. The City Council discussed the 2:00 a.m. closing law at a study session on June 23, 2003; and Council agreed to leave the bar closing time in the City Code at 1:00 a.m. until a request to change the closing time is received. Ref's Sports Bar & Grill, 2545 County Road 10, has submitted a request to the City to change the closing time to 2:00 a.m. You've asked me to poll contiguous cities to find out if they will be following the new State law or keeping bar closing at 1:00 a.m. Following are the results (note: Fridley had just surveyed a number of cities with the same question, and the results of those cities are also included): Contiguous Cities • Brooklyn Park 2:00 am*: 4 requests received; Council has already authorized approval Crystal 2:00 am*; 2 requests received; Council to discuss 7/22/03 Fridley 1:00 am set by ordinance; 4 requests received; Council to discuss 8/14/03 Minneapolis 2:00 am* Robbinsdale 2:00 am* Other Cities Andover 1:00 am Blaine 1:00 am; Council to re-discuss 9/4/03 Burnsville 1:00 am; Council currently discussing Coon Rapids 1:00 am; Council open to more discussion Eden Prairie 2:00 am; Ordinance adopted 7/1/03 Lakeville 2:00 am* Maple Grove 1:00 am; Council in consideration stage New Brighton 2:00 am; Ordinance in process of change from 1:00 am New Hope 1:00 am Plymouth 2:00 am* Spring Lake Park 1:00 am; Council in discussion phase One other note of information from Fridley is that Super Valu has submitted a letter regarding Cub Foods and inquired about the 2:00 a.m. closing law. Since Brooklyn Center has a Cub Foods, I thought you might be interested in that information. *City Code adopts Statutory language 301 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 Michael McCauley RE 2,00 A M Bar Closing From: "John Connelly" <johnc @justaskmn.com> • To: Curt Boganey <CBoganey @ci.brooklyn-center.mn.us> Date: 7/15/03 1:35PM Subject: RE: 2:00 A.M Bar Closing Good Morning Curt, Regarding the 2:00 am closing time, our Board has not at the present time taken a position on this. The component we are most concerned about is now that other cities are opting to with th this time, r i p t are the 9 9 , businesses in Brooklyn Center at a competitive disadvantage? I suggest that before the council meeting we poll our member properties that sell liquor. That would involve contacting the Hilton and the Best Western.After doing this, I will contact you with input and feedback. In the meantime, I will consult with our President to see if our Board should endorse or not endorse the initiative in our member cities. You will hear from me prior to your meeting in August Curt. John Connelly Executive Director Minneapolis Metro North CVB • 6200 Shingle Creek Parkway Suite 248 Brooklyn Center, MN 55430 763-566-7722 johnc @justaskmn.com www.justaskmn.com -----Original Message----- From: Curt Boganey[mailto:CBoganey @ci.brooklyn-center.mn.us] Sent: Tuesday, July 15, 2003 10:13 AM To: John Connelly Cc: Judith Bergeland Subject: 2:00 A.M Bar Closing On August 11, 2003 the Council will be discussing Bar Closing at 2:00 a.m. As part of that discussion the Council would like to have any comments or recommendations the Convention Bureau might have regarding this issue. Please provide me with you comments at your earliest convenience. Please let me know if you have questions. i `G 2545 County Road 10 Brooklyn Center, MN 55442 (763)569-4444 To: City Counc$[ Of Brooklyn Center RE: 2AM Closing Ref s Sports Bar& Grill, Inc. Due to a recent decline in late night business, resulting from neighboring suburbs participating in the new 2 AM closing time,Ref s requests consideration to change hours of closing to 2AM. This would allow Ref s to sell food and liquor until 2AM along with the neighboring suburbs. Sincerely, • Peter E. Benincasa, President Refs Sports Bar& Grill, Inc. • L • City Council Agenda Item No, 10d . Case Type: Condemnation STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a municipal Court File No. CD-2717 corporation under Minnesota Law, Petitioner, STIPULATION CONCERNING PUBLIC PURPOSE vs. AND NECESSITY OF TAKING Brendan J. McCarthy, et al.; Respondents. THIS STIPULATION is made as of July 21, 2003, by and among the Petitioner City of • Brooklyn Center and Respondents Brendan J. McCarthy, Tara L. McCarthy, Steven P. Jordan,Janet M.Jordan, Stephen W. Cooper, and Lisa K. McNaughton. Recitals A. Respondents Brendan J. McCarthy and Tara L. McCarthy are the fee owners of the real estate located at 6654 West River Road, Brooklyn Center, Minnesota, which is identified as Parcel No. 1 in this action. B. Respondents Steven P. Jordan and Janet M. Jordan are the fee owners of the real estate located at 6640 West River Road, Brooklyn Center, Minnesota, which is identified as Parcel No. 3 in this action. • CAH-234879v2 BR291-231 C. Respondents Stephen W. Cooper and Lisa K. McNaughton are the fee owners of the real • estate located at 6632 West River Road Brooklyn Center, Minnesot a, which is identified as Parcel No. 4 in this action. D. The Petitioner commenced this action in order to acquire certain permanent and temporary easements over the Respondents' properties and other property. Petitioner also proposed to acquire title to the easements as of August 4,2003 by"quick-take,"pursuant to Minna Stat. § 117.042. E. The court hearing on the Petition herein was held on July 21, 2003, before the Honorable Harry S. Crump. Respondents appeared and objected to the public purpose and necessity of the taking and to the use of quick-take. F. The project for which the easements are required involves the placement of riprap within the easement areas, for the purpose of stabilizing the bank of the Mississippi River. Petitioner has indicated that the riprap material will either be granite or limestone, depending upon the • comparative cost of those materials. Respondents desire that the Petitioner utilize granite for the riprap. G. Respondents Jordan have an outdoor fireplace located within the proposed temporary easement area on Parcel 3. Current construction plans call for the removal of the fireplace. Respondents desire to retain the fireplace. H. The parties have reached an agreement and settlement as to the issues addressed in this stipulation. Terms of Stipulation 1. Petitioner agrees to require the proposed contractor for the project to furnish bids for both granite and limestone riprap materials. Petitioner further agrees that, if the total estimated cost of granite materials is equal to or less than $5,000 greater than the cost of limestone materials, the • CAH-234879v2 BR291-231 Petitioner will require the use of granite materials in the construction of the project and, as between • Petitioner and Respondents, Petitioner will be solely responsible for the excess cost of the ante p � Y P �' materials. 2. Petitioner agrees to provide Respondents with written notice of the final prices for granite materials and limestone materials promptly after Petitioner receives those prices. The notice will include unit prices, estimated quantities, and the estimated total costs for each material. Notice will be given to Respondent Stephen Cooper as representative of the Respondents by facsimile, by mail or by personal delivery: If the total estimated cost of the granite materials is more than $5,000 greater than that of limestone materials, the Respondents will have five business days to notify Petitioner in writing whether Respondents would like to pay the excess cost over $5,000 and an additional five business days to pay the estimated additional cost to the Petitioner. If the Respondents do so, then Petitioner will require that granite materials be used in the construction of • the project,the Petitioner will pay the first $5,000 of additional cost of the granite materials, and the Respondents will pay the balance of the additional cost of the granite materials. 3. Respondents Cooper and McNaughton agree that, if granite riprap is used in the construction of the project, the court-appointed commissioners may enter an award in the amount of $19,200.00 for the easements over Parcel 4. Petitioner and Respondents Cooper and McNaughton each agree not to appeal any award entered in accordance with this paragraph. If the riprap material used on the project is anything other than granite,the parties expressly reserve their respective rights to contest the amount of just compensation to be paid and to appeal from any award of commissioners entered with respect to Parcel 4. 4. Petitioner agrees that it will exercise its best efforts to avoid the removal of the fireplace on Parcel 3. If Petitioner determines in good faith and the exercise of its reasonable judgment, CAH-234879v2 BR291-231 however, that the fireplace cannot remain in place without jeopardizing safety of workers and • equipment, then the Petitioner may remove the fireplace. Petitioner agrees to compensate Respondents Jordan for any damage or destruction of the fireplace caused by the Petitioner, in accordance with Minnesota Statutes Chapter 117. 5. Respondents McCarthy and Jordan expressly reserve the right to contest the amount of just compensation to be paid with respect to their respective parcels, regardless of whether the riprap material used in construction of the project is granite or some other material. 6. Based on the foregoing agreements, Respondents Cooper, McNaughton, McCarthy and Jordan each stipulate and agree to the entry of Findings of Fact, Conclusions of Law and Order Transferring Title and Possession. and Appointing Commissioners, in the form of the attached Exhibit A. Dated: KENNEDY& GRAVEN, CHARTERED • By: Corrine H. Thomson(#149743) 470 Pillsbury Center 200 South Sixth Street Minneapolis,MN 55402 Telephone: (612)337-9300 Facsimile: (612)337-9310 ATTORNEYS FOR PETITIONER CITY OF BROOKLYN CENTER COOPER LAW FIRM By Stephen W. Cooper(# � 800 Ceresota Building 155 Fifth Avenue South Minneapolis,MN 55401 • Telephone: (612)338-3533 CAH-234879v2 BR291-231 • Facsimile: (612) 338-3596 • • CAH-234879v2 BR291-231 • EXHIBIT A TO STIPULATION Case Type: Condemnation STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a municipal Court File No. CD-2717 corporation under Minnesota Law, Petitioner, FINDINGS OF FACT, vs. CONCLUSIONS OF LAW,AND ORDER TRANSFERRING TITLE Brendan J. McCarthy and Tara L.McCarthy, AND POSSESSION AND husband and wife; Wells Fargo Home Mortgage, APPOINTING COMMISSIONERS Inc., a California corporation;Ethyle V. • Bobendrier; Guy Q. Bobendrier; Steven P. Jordan and Janet M. Jordan,husband and wife; Bank of America,FSB, a federal savings bank, now by merger Bank of America,National Association; Stephen W. Cooper,a single person;Lisa K. McNaughton, a single person; Grace Lamusga, a single person;Joyce Lamusga, a single person; William A.Newman, a single person; COLONIAL MORTGAGE COMPANY, an Alabama corporation;Patrick G. Meuwissen, a single person;Mortgage Electronic Registration Systems, Inc., a Delaware corporation;Universal Mortgage Company, LLC, a Minnesota limited liability company; John P. Crooker; Annie P. Crooker; Charles J. Crooker;Henry D. Murch;Mary E. Farnham;James R. Farnham; John T. Farnham; Eleanor R. Molgren; Charles Nahum Crooker; Clara Ester Green;Harriet Elizabeth Rostamo; Robert Raymond Nystrom; Susan E.Nystrom; Lane R. Hawkinson; Maria F. Jaramillo; City of Brooklyn Center; County of Hennepin; all other • parties unknown having any right,title or CAH-231121 v2 BR291-231, A-1 EXHIBIT A TO STIPULATION • interest in the remises herein together with the P g unknown heirs or devisees, if any, of the parties that may be deceased, and including unknown spouses,if any, Respondents. The above-entitled proceeding came on for hearing before the undersigned Judge of this Court in the Hennepin County Govt. Center, Courtroom C-1959, Courts Tower, 300 South Sixth Street,Minneapolis, MN 55487,on July 21,2003,pursuant to Minn. Stat. §§ 117.055 and 117.042. Petitioner appeared by its attorney, Corrine H. Thomson, Esq. The following respondents and their attorneys appeared: Stephen W. Cooper, Esq. appeared on behalf of himself as a party respondent and also appeared as the attorney for respondents Lisa K. McNaughton, Brendan J. • McCarthy and Janet M. Jordan, all of whom were also present. No other parties appeared. Based on the stipulations on file, the evidence adduced at the hearing and the arguments of counsel, and all of the files and records herein, the Court makes the following findings of fact, conclusions of law, and order: FINDINGS OF FACT L Petitioner is a municipal corporation organized as a home rule charter city under the laws of the State of Minnesota. 2. Petitioner has undertaken a project, City Project No. 1999-11 (the "Project"), to stabilize approximately 800 feet of Mississippi River Bank adjacent to certain properties within city boundaries (the "Project Area"). The Project is a joint and cooperative effort by the Petitioner and the United States Army Corps of Engineers, pursuant to a Project Cooperation Agreement between the Department of the Army and CAH-231121v2 BR291-231 A-2 EXIIIBIT A TO STIPULATION • City Brooklyn Center for Construction of the Emergency Streambank Protection t3' Yn g y Project, dated May 28, 2002. 3. The Project involves the stabilization of the Mississippi River bank adjacent to nine properties in the Project Area, for the purpose of protecting an existing sanitary sewer line. The nine affected properties are identified as Parcels 1, 2, 3,4, 16, 17, 18, 19 and 21 in Exhibit A to the Petition filed in this action(the"Affected Properties"). 4. Each of the Affected Properties is encumbered by an existing 20-foot permanent easement for underground utilities, which the Petitioner acquired by condemnation in 1960. The easement is evidenced by a final certificate filed as Document No. 3268498 in the records of the Hennepin County Recorder. 5. Within the existing easement, the Petitioner installed an 18-inch diameter • concrete pipe, which operates as a trunk sanitary sewer main. This particular trunk sewer main transports sewage from the northeasterly area of the city to regional treatment plants located outside city limits. The geographic area served by this trunk sewer main comprises 12.5 percent of the area of the city, and the main handles approximately 350,000 to 550,000 gallons per day of raw sewage from that service area. 6. The Petitioner's city engineer estimates that the distance between the trunk sewer main as located on the Affected Properties and the top of the bank of the Mississippi River varies from five feet to 18 feet. The Petitioner and the U.S. Army Corps of Engineers rp Eng rs have identified a need to p rotect the trunk sewer main from continuing erosion of the river bank by the Mississippi River. CAH-231121 v2 BR291-231 A-3 EXHIBIT A TO STIPULATION • 7. The Mississippi River has eroded the ever bank in the Project Area. During an elevated river stage on the Mississippi River in 1997, significant erosion took place along unprotected areas of the shoreline in the Project Area. At the most severe location, the Petitioner hauled in rock and concrete debris to protect the trunk sewer main from further erosion of the supporting bank and possible breakage of the main. 8. The city engineer has opined that a single flood event on the river could erode the soil that supports the trunk sewer main to such a degree that the main could break. If the line were to break, the resulting consequence would be discharge of raw sewage into the Mississippi River at the rate of approximately 500,000 gallons per day until a temporary bypass could be installed. The city engineer estimates that, depending upon conditions and circumstances, it could require 1 or more days to halt the flow of • sewage into the river. One of the City of Minneapolis intakes for its municipal water system lies downstream from the trunk sewer main. In addition, river water would also surge into the broken main and would likely flood a downstream sewer lift station, which would result in the backup of sewage and river water into-lower elevation homes in a significant portion of the city. 9. The Project is intended to protect the public from such an occurrence. In 1999, the Petitioner commissioned a feasibility report to determine alternative means of addressing the problem created by the proximity of the trunk sewer main to the river and the continuing erosion of the river bank. On December 1, 1999, the engineering firm WSB & Associates submitted to the Petitioner its feasibility report on the Mississippi • CAH-231121v2 , BR291-231 A-4 EXHIBIT A TO STIPULATION • River Sanitary Sewer er and River Bank Protection for the City of Brooklyn Center. The report identified six alternatives to address the situation. 10. Based on the feasibility study, the Petitioner's city council decided to install riprap and geotextile fabric along the river bank to stabilize the river bank, rather than to relocate the trunk sewer main. 11. Petitioner has found it necessary and for a public purpose to acquire permanent and temporary easements over portions of the Affected Properties for the purpose of making improvements contemplated by the Project. Petitioner filed this condemnation action for the purpose of acquiring those easements. 12. The Petitioner's governing body authorized the commencement of this action by Resolution No. 2002-189, adopted by the Brooklyn Center City Council on •` December 9, 2002. 13. The U.S. Army Corps of Engineers proposes to construct the Project during 2003. The Corps requires that the City obtain all easements necessary for the construction of the Project before the Corps will award a contract for the Project. In order to assure that the Project can be constructed during 2003, the Petitioner seeks to acquire the necessary easements pursuant to the so-called "quick-take" procedure in Minn. Stat. § 117.042 (2002). 14. The proposed quick-take date is August 4, 2003. The Corps requires approximately 30 days after the rights of way are obtained to award the contract for the project, conduct any necessary pre-construction meetings, and give the notice to the contractor to proceed. The Project will require approximately 60-90 days to construct. • CAH-231121v2 BR291-231 A-5 EXHIBIT A TO STIPULATION • If title to the easements is obtained by quick-take on August 4, construction should be completed by early November to early December 2003. 15. Assuming normal weather conditions, construction likely would be halted for the winter season by early December 2003. Winter construction raises operational, cost, and safety issues for the contractor, due to heavy snow fall, ice flows in the river, and cold weather. If the Project cannot be completed in 2003, the work would not recommence until the river level drops after spring snow melt, approximately April or May 2004. 16. The federal funding for the Corps construction is through the Continuing Authorities Program. The Project competes with other projects that are funded based on limited annual funds. If the Project is not constructed in 2003, the Project may be • further delayed until it receives flinding over other competing projects. 17. If the Petitioner did not acquire title to the easements by quick-take but instead acquired title after the commissioners file their final report,the Project could not be constructed in 2003. Even if the commissioners returned their final report within 90 days, or approximately at the end of October, there would be insufficient time left for construction to be completed in 2003. If the Project is not constructed during 2003, the trunk sewer main will be at risk,if a flood event should occur in the spring of 2004. 18. The permanent easements to be acquired in this action are located between the riverbank and the trunk sewer main, and the Petitioner will utilize those easement areas to install riprap and prevent further erosion of the soil in that area. • CAH-231121 v2 BR291-231 A-6 EXHIBIT A TO STIPULATION 19. The temporary easements to be acquired in this action are located immediately adjacent to the existing sewer easement and vary in width from 10 to 30 feet. Those easements will be used primarily to gain access to the work area, so that trucks can haul materials and equipment to the work area. The temporary easements will also be used for staging purposes. 20. The Petition includes all nine parcels that constitute the Affected Properties, identified as Parcels 1, 2, 3, 4, 16, 17, 18, 19 and 21. After commencing this action, Petitioner subsequently settled and dismissed Parcels 2, 16, 17, 19 and 21. The scope of the Court's order is limited to the remaining parcels in the action, Parcels 1, 3, 4 and 18, each of which is legally described on the attached Exhibit A(the"Properties'). 21. The Properties are located in the City of Brooklyn Center, County of • Hennepin, and State of Minnesota. 22. As indicated in the proofs of service on file in the office of the court administrator, the Petitioner has timely served notice of the objects of the Petition, as amended, and of the time and place of presenting the same upon all of the respondents named in the petition herein as having an interest in the Properties. The following named parties were served by publication pursuant to separate order of this Court, because the parties are either deceased or could not be located: a. John B. Crooker(fee owner, Tract B,Parcel 18); b. Annie Crooker(fee owner, Tract B,Parcel 18); C. Charles J. Crooker(possible holder of an interest, Tract B, Parcel 18); d. Henry D. Murch(possible holder of an interest, Tract B,Parcel 18); e. Mary E. Farnham(possible holder of an interest, Tract B, Parcel 18); f. Charles Nahum Crooker(possible holder of an interest,Tract B,Parcel 18); g. Clara Ester Green(possible holder of an interest, Tract B, Parcel 18); • CAH-231121v2 BR291-231 A-7 EXHIBIT A TO STIPULATION • h. Harriet Elizabeth Rostamo (possible holder of an interest, Tract B, Parcel 18); i. All other parties unknown having any right, title or interest in the premises herein, together with unknown heirs and devisees, if any, of the parties named that may be deceased, including unknown spouses,if any. 23. As indicated in the proofs of service on file in the office of the court administrator, on May 5, 2003, the Petitioner served each of the parties named herein with notice of the Petitioner's intention to acquire title to and possession of the permanent and temporary easements described in Exhibit A prior to the filing of a final award of commissioners ("quick-take notice") by certified mail at their last known addresses. May 5, 2003 is 90 days prior to the proposed quick-take date of August 4, 2003. 24. Wells Fargo Home Mortgage, Inc., a California corporation, holds an interest • in Parcels 1, 19 and 21, but has disclaimed an right to the proceeds of an award or Y g p Y settlement as to those parcels. Pursuant to stipulation with Wells Fargo Home Mortgage,Inc.,the Petitioner dismissed that entity as a party respondent to this action. 25. Petitioner has represented that it has or will have funds available to pay to the owners or deposit with the Administrator of this Court an amount equal to Petitioner's approved appraisals of value for the Properties. The approved appraised values are set out in Exhibit B attached hereto. CONCLUSIONS OF LAW 1. The scope of review by a district court of the legislative determination of a condemning authority as to whether to exercise the power of eminent domain is very narrow. If there is some evidence in the record that the taking serves a public purpose, there is nothing left for • CAH-231121v2 BR291-231 A-8 EXHIBIT A TO STIPULATION • the court to decide. Minneapolis p Community Development Authority v. Opus Northwest, LLC, 582 N.W.2d 596, 599 (Minn. 1998) ("Opus"). 2. Absolute necessity is not required for a finding of public purpose; rather it is enough to find that the proposed taking is reasonably necessary or convenient for the furtherance of a proper purpose. City of Duluth v. State, 390 N.W.2d 757, 764-65 (Minn. 1986). A party challenging the necessity of a taking will not succeed by merely suggesting alternatives to the government's plan. Opus, 582 N.W.2d at 600. 3. Petitioner has the authority, pursuant to Minn. Stat. § 444.075, subd. l a to repair or improve a sanitary sewer system and related facilities and to acquire land and easements for that purpose by condemnation. 4. Petitioner also has authority to undertake joint and cooperative projects with other • g overnment entities, such as the U.S. Army Corps of Engineers, P ursuant to Minn. Stat. § 471.59 (2002). 5. The U.S. Army Corps of Engineers has authority to undertake the Project in cooperation with the Petitioner pursuant to the Flood Control Act of 1946, as amended, 33 U.S.C. 701 et. seq. (2002). 6. Petitioner is authorized by law to acquire the perpetual and temporary easements described in its petition herein under the procedures specified in Minn. Stat. Chapter 117 (2002). 7. Petitioner has acquired personal jurisdiction over the named parry respondents, and all other parties unknown having any right, title or interest in the Properties, by effecting service of the petition and notice of hearing on petition upon those parties in the manner required by Minn. Stat. §117.055. • CAH-231121v2 BR291-231 A-9 EXHIBIT A TO STIPULATION • 8. Petitioner has shown that the t r a u and i taking is for public use purpose, s necessary and convenient in furtherance of the Project and to maintain the safety and health of the public., and as such is authorized by law. 9. In order to obtain title by quick-take, the petitioner must establish (a) that it has complied with the statutory procedures in Minnesota Statutes section 117.042 and(b)that it requires title to the property prior to the entry of a final award of commissioners. 10. The petitioner has complied with all the statutory requirements for obtaining title and possession pursuant to Minnesota Statutes, section 117.042 (2002). 11. The petitioner has established that it reasonably requires title to the easements to be acquired prior to the entry of a final award of commissioners. 12. Upon Petitioner's deposit or payment of its approved appraisals of value with respect • to the Properties and recording as p rovided in the Order below, the real estate interests as more particularly described in Exhibit A to this order shall be vested in Petitioner. WHEREFORE,the Court makes the following: ORDER 1. ' and are hereby appointed as commissioners, all being knowledgeable about real estate in the County of Hennepin, to ascertain and report the amount of damages, if any, that will be sustained by the parties named as having an interest in the real estate described in Exhibit A to the petition herein. and also knowledgeable about real estate in Hennepin CAH-231121 v2 BR291-231 A-10 EXHIBIT A TO STIPULATION • Count hereby County, are y a ppomted as alternate commmssioners, in the event any of the original commissioners are unable to serve. 2. The said commissioners shall be paid and shall undertake their duties in accordance with the Policy of the District Court Concerning Condemnation Commissioners. The Petitioner shall provide each commissioner with a copy of the policy. 3. The above-named commissioners shall meet on July , 2003, at 9:00 a.m., at the Civil Filing desk, Second Floor of the Hennepin County Government Center, for the purpose of taking the oath of commissioners. 4. The above-named commissioners shall file their award of damages as to the property described in the petition, no later than 180 days from the date of this Order, unless such time is extended by further order of this Court. • 5. On or after the date of this Order, the Petitioner may deposit with the District Court Administrator of this Court or pay to the owners pursuant to Minn. Stat. § 117.042 the amount of its approved appraisal values for the takings herein,which are set out in Exhibit B attached hereto.. 6. The District Court Administrator is directed to accept the deposit of such amount immediately upon tender thereof to him or her. The funds shall be held in interest-bearing accounts for the benefit of the parties with ownership interests in each of the respective Properties. 7. On or after August 4, 2003, upon filing with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate, of a certified copy of this Order and either (i) an affidavit of petitioner's attorney evidencing payment to the owners; or (ii) the receipt of the District Court Administrator or Accountant confirming receipt of each such deposit,the temporary • CAH-231121v2 BR291-231 A-11 EXHIBIT A TO STIPULATION • and permanent easements over the e Properties as described in the attached Exhibit A shall, without further notice, immediately vest in the Petitioner. 8. The easement interests acquired by the Petitioner shall be those interests described below: a. The perpetual and assignable rights and easements shall include the right of the Petitioner, its representatives, agents, assignees and contractors to construct, operate,and maintain channel improvement works on, over and across the premises described on Exhibit A attached hereto, including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon dredge or spoil material; and for such other purposes as may be required in connection with said work of improvement; reserving however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways,public utilities, railroads and pipelines. b. The temporary construction easements and right-of-way in, on, over and across the • premises described in Exhibit A for use by the Petitioner, its representatives, agents and contractors as a work area, shall include the right to move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of City Project No._1999-11, together with the right to trim, cut, fell and remove there from all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways,public utilities,railroads and pipelines. 9. Petitioner shall give written notice of the fact of said deposit or payment to all parties previously appearing in this proceeding. 10. The Court retains jurisdiction of this matter for the purpose of granting Petitioner such other and further relief as may be necessary and appropriate to implement the provisions of this Order and to otherwise transfer title and the right to possession of the easements over the Properties to Petitioner in accordance with the provisions of Minn. Stat. § 117.042. CAB-23112l v2 BR291-231 A-12 EXHIBIT A TO STIPULATION • Dated: 2003. BY THE COURT: Harry Seymour Crump Judge of District Court • • CAH-231121v2 BR291-231 A-13 EXHIBIT A TO STIPULATION • EXHIBIT A Parcel 1 (P.I.D. No. 36-119-21-13-0001) (Abstract) Property Address: 6654 West River Road,Brooklyn Center, Minnesota. Description of Subject Property: The South 117 feet of the North 141.43 feet of that part of Government Lot Two (2), lying East of the West River Road, all in Section Thirty-Six (36), Township One Hundred Nineteen (119), Range Twenty-One (21), according to the United States Government Survey thereof and situate in Hennepin County, Minnesota now known as Lot 10,Auditor's Subdivision Number 310. Easements to be acquired: A permanent easement for channel purposes over, under and across that part of the Property which lies easterly of a line 10.00 feet easterly of and parallel with a line that connects a point on the south line of said Property, a distance of 447.00 feet east of the southwest corner thereof, to a point on the north line of said Property, a distance of 433.00 feet east of the northwest corner thereof. • A temporary easement for construction purposes over, under and across that art of P �' pm'p P the Property which lies westerly of a line 10.00 feet westerly of and parallel with a line that connects a point on the south line of said Property, a distance of 447.00 feet east of the southwest corner thereof, to a point on the north line of said Property, a distance of 433.00 feet east of the northwest corner thereof, and which lies easterly of a line that connects a point on the south line of said Property, a distance of 417.00 feet east of the southwest corner thereof,to a point on the north line of said Property, a distance of 413.00 feet east of the northwest corner thereof. Said temporary easement expires on December 31, 2004. Subject to easements of record. Also subject to rights of the public and of the State in and to that part of the premises lying below the natural high water mark of the Mississippi River. Names and Description of Interests to be Acquired Name Nature of Interest Brendan J. McCarthy and Tara L. McCarthy, Fee Owners husband and wife Wells Fargo Home Mortgage, Inc., a California Mortgagee • corporation CBR-231121 v2 BR291-231 EXHIBIT A TO STIPULATION • Name Nature of Interest City of Brooklyn Center Special assessments County of Hennepin Real estate taxes All other parties unknown,together with Any right,title or interest in the Subject Property unknown heirs or devisees and spouses, if any, of the above-named respondents Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above- described real estate. • CBR-231121 v2 BR29I-231 EXHIBIT A TO STIPULATION • Parcel 3 P.I.D.No. 36-119-21-13-0003 Abstract 1 ( � Property Address: 6640 West River Road, Brooklyn Center,Minnesota. Description of Subject Property: Lot 12, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota, according to the recorded plat thereof. Easements to be acquired: A permanent easement for channel purposes over, under and across that part of the Property, which lies easterly of a line 10.00 feet easterly of and parallel with a line that connects a point on the south line of said Lot 12, a distance of 459.00 feet east of the southwest corner thereof,to a point on the north line of said Lot 12, a distance of 451.00 feet east of the northwest corner thereof. A temporary easement for construction purposes over, under and across that part of the Property, being a 20.00 foot wide strip of land, the easterly line of which is described as being a line 10.00 feet westerly of and parallel with a line that connects a point on the south line of said Lot 12, a distance of 459.00 feet east of the • southwest corner thereof, to a point on the north line of said Lot 12, a distance of 451.00 feet east of the northwest corner thereof. Said temporary easement expires on December 31, 2004. Subject to easements of record. Also subject to rights of the public and of the State in and to that part of the premises lying below the natural high water mark of the Mississippi River. Names and Description of Interests to be Acquired Name Nature of Interest Steven P. Jordan and Janet M. Jordan,husband Fee Owner and wife Bank of America, FSB, a federal savings bank, Mortgagee now by merger Bank of America,National Association City of Brooklyn Center Special assessments County of Hennepin Real estate taxes All other parties unknown,together with Any right,title or interest in the Subject Property unknown heirs or devisees and spouses,if any, of the above-named respondents • CBR-231121v2 BR291-231 EXHIBIT A TO STIPULATION • Notwithstanding the foregoing .attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above- described real estate. • • CBR-231121v2 BR291-231 EXHIBIT A TO STIPULATION • Parcel 4 (P.I.D.No. 36-119-21-13-0004) (Abstract) Property Address: 6632 West River Road, Brooklyn Center, Minnesota. Description of Subject Pro e�rty: Lot 13, AUDITOR'S SUBDIVISION NO. 310, Hennepin County, Minnesota, according to the recorded plat thereof. Easements to be acquired: A permanent easement for channel purposes over, under and across that part of the Property which lies easterly of a line 10.00 feet easterly of and parallel with a line that connects a point on the south line of said Lot 13, a distance of 475.00 feet east of the southwest comer thereof,to a point on the north line of said Lot 13, a distance of 459.00 feet east of the northwest corner thereof. A temporary easement for construction purposes over, under and across that part of the Property, being a 20.00 foot wide strip of land, the easterly line of which is described as being a line 10.00 feet westerly of and parallel with a line that connects • a point on the south line of said Lot 13, a distance of 475.00 feet east of the southwest corner thereof, to a point on the north line of said Lot 13, a distance of 459.00 feet east of the northwest corner thereof. Together with: A temporary easement for construction purposes over, under and across that part of said Lot 13, being a 30.00 foot wide strip of land, which lies westerly of the westerly line of the aforementioned strip and which the northwesterly and northerly line and its easterly extension is described as commencing at the southwest corner of said Lot 13; thence easterly, along the south line of said Lot 13, a distance of 305.00 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left, 57 degrees 30 minutes 00 seconds, a distance of 43.00 feet; thence easterly, deflecting to the right, 50 degrees 30 minutes 00 seconds, a distance of 110.00 feet and said line there terminating. Except: Those parts of the aforementioned strips being within that part of the southerly 10.00 feet of the easterly 162.00 feet of the westerly 475.00 feet of said Lot 13. Said temporary easements expire on December 31,2004. • CBR 231121 v2 BR291-231 EXHIBIT A TO STIPULATION • Subject to easements of record. Also subject to rights the J � of public and of the State in and to that part of the premises lying below the natural high water mark of the Mississippi River. Names and Description of Interests to be Acquired Name Nature of Interest Stephen W. Cooper, a single person Fee Owner Lisa K. McNaughton, a single person Fee Owner City of Brooklyn Center Special assessments County of Hennepin Real estate taxes All other parties unknown,together with Any right,title or interest in the Subject Property unknown heirs or devisees and spouses,if any, of the above-named respondents Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above- described real estate. • • CBR-231121v2 BR291-231 EXHIBIT A TO STIPULATION • Parcel 18 (P.I.D.No. 36-119-21-12-0018) (Abstract) Property Address: 6704 West River Road,Brooklyn Center,Minnesota. Description of Subject Property: Tract 1: The North Eighty-five and Seventy-five One Hundredths (85.75) feet of the South One Hundred Sixty-one and Thirty-two One Hundredths (161.32) feet of that part of Government Lot One (1) lying East of the West River Road, so called, in Section Thirty-six (3 6), Township One Hundred Nineteen (119) Range Twenty-one (21), according to the United States Government Survey thereof and situate in Hennepin County,Minnesota. Tract 2: That part of Government Lot 1, Section 36, Township 119 North, Range 21 West, Hennepin County, Minnesota, which lies East of West River Road, which lies South of the South line of Lot 7, Auditor's Subdivision No. 310, according to the recorded plat thereof, said Hennepin County, and which lies North of the North line of the South 161.32 feet of said Government Lot 1. (Tract 2 is a surveyed "gap" that lies within Tax Parcel No. 36-119-21-12-0018 and that separates Tract 1 of Parcel 8 from Parcel 9 as described in this Exhibit A.) Easements to be acquire : A perpetual easement for channel purposes over,under and across that part of the Property which lies easterly of a line 10.00 feet easterly of and parallel with a line that connects a point on the south line of said Property, a distance of 420.00 feet east of the southwest corner thereof,to a point on the north line of said Property, a distance of 424.00 feet east of the northwest corner thereof. A temporary easement for construction purposes over, under and across that part of the Property being a 10.00 foot wide strip of land, the easterly line of which is described as being a line 10.00 feet westerly of and parallel with a line that connects a point on the south line of said Property, a distance of 420.00 feet east of the southwest corner thereof, to a point on the north line of said Property, a distance of 424.00 feet east of the northwest corner thereof. Said temporary easement expires on December 31,2004. Subject to easements of record. Also subject to rights of the public and of the State in and to that part of the premises lying below the natural high water mark of the Mississippi River. • CBR 231121v2 BR291-231 EXHIBIT A TO STIPULATION • Names and Description of Interests to be Acquired Name Nature of Interest Patrick G. Meuwissen, a single person Fee Owner Tract 1 and possible interest in Tract 2 Mortgage Electronic Registration Systems,Inc., a Mortgagee, Tract 1 Delaware corporation Universal Mortgage Company, LLC, a Minnesota Mortgagee, Tract 1 limited liability company John P. Crooker Fee owner, Tract 2 Annie P. Crooker Fee owner, Tract 2 Charles J. Crooker Possible interest,Tract 2 Henry D. Murch Possible interest, Tract 2 Mary E. Farnham Possible interest, Tract 2 James R. Farnham Possible interest, Tract 2 John T. Farnham Possible interest, Tract 2 Eleanor R. Molgren Possible interest, Tract 2 Charles Nahum Crooker Possible interest, Tract 2 Clara Ester Green Possible interest, Tract 2 • Harriet Elizabeth Rostamo Possible interest, Tract 2 City of Brooklyn Center Special assessments County of Hennepin Real estate taxes All other parties unknown,together with Any right,title or interest in the Subject Property unknown heirs or devisees and spouses, if any, of the above-named respondents Notwithstanding the foregoing attempt to identify all interests held by a party named herein, it is Petitioner's intention herein to encumber all interests owned by the named respondents in the above- described real estate. • CBR-231121v2 BR291-231 • EXHIBIT B APPROVED APPRAISAL VALUES Parcel No. Approved Appraisal Value 1 $5,200.00 3 $6,500.00 4 $19,200.00 18 $5,000.00 TOTAL $22,900.00 • CAH-231121 v2 BR291-231 i • City Council Agenda Item No. 10e Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF BROOKLYN CENTER BE IT RESOLVED that the City of Brooklyn Center enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE AND SOBER COMMUNITIES during the period of October 1,2003,through September 30,2004. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute such agreements as are necessary to implement the project on behalf of 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. ��ppKIYN CEpr�9 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold DATE: July 23, 2003 SUBJECT: Resolution Authorizing Execution of Agreement Between The Minnesota Department of Public Safety and The Brooklyn Center Police Department. The police departments of Brooklyn Center and Brooklyn Park are applying to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe and Sober Communities. The grant period runs from October 1, 2003,through September 30, 2004. If awarded, the grant monies would be dedicated to pay officers overtime for traffic safety initiatives. • It is recommended that Council approve the attached resolution in order to continue with the grant application process. SB:kh it Attachment I I • I City Council Agenda Item No. lOf 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 23, 2003 Re: Potential Development along 691h & 252 Attached are materials relating to a request from David G. Evanson to have the City acquire excess right of way from MnDOT for inclusion in a potential residential development. This property is an area that has previously been identified as having potential for the creation of a new residential development. It is my understanding that Mr. Evanson has acquired or has the rights to acquire some of the other properties necessary to create a development. Acquiring the land from MnDOT would probably make sense even if we were not ultimately able to enter into a satisfactory agreement with Mr. Evanson. The request of the City Council is to authorize commencing the process with MnDOT to purchase the • property, including performing a survey and appraisal and to negotiate with Mr. Evanson to determine if an appropriate development agreement could be developed for Council consideration. Funding for these activities would come from the EDA. 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.cityo,fbrooklyncenter.org • MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: July 11, 2003 SUBJECT: Residential Development Over the past few months, Community Development has had conversations with David Evanson about the potential residential development of vacant property that he owns in Brooklyn Center. The property is located easterly of 68th and Aldrich. (See attached map). In addition to his property, he is in discussions with MnDOT to acquire excess property from the 252 project that is adjacent to his property. The process for transferring excess right of way requires that the City act as a transfer • agent. To start the process, the City would write a letter to MnDOT expressing our desire to purchase the property. The request is then reviewed by MnDOT and sold to the City at the appraised value. In turn, the City would then sell the property to Mr. Evanson. Mr. Evanson in the attached letter is requesting our assistance with the acquisition. Mr. Evanson will incur all costs associated with the acquisition and transfer of the property. His development has the potential for an estimated 20 single- family homes. Mr. Evanson has also expressed interest in a parcel owned by the EDA on 691h Avenue that is adjacent to the MnDOT property. At the direction of the Council staff is re ared p p to work with Mr. Evanson and MnDOT to facilitate the purchase and development of this site. • I'l Eastbrook Properties, LLC David G. Evanson, President 7224 Camden Avenue North#240 Brooklyn Center, MN 55430 July 9, 2003 City of Brooklyn Center Ron Warren, Brad Hoffman, Tom Bublitz 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Gentlemen: In my conversation with Keith McMurray (651-582-1635) at MnDOT, he informed me of what and where a letter should be sent to MnDOT regarding the purchase of property that I wish to incorporate into the proposed Eastbrook Estates subdivision. It should be addressed to: Ms. Debra M. Anderson Right-of-Way Director • MnDOT Metro District 1500 West County Road B2 Roseville, MN 55113 It should state that: 1.) The City of Brooklyn Center wishes to purchase the subject property, and that a description and map of the property be included; 2.) The City understands that the process of purchasing may be expedited by doing a survey and appraisal(from MnDOT's approved list of appraisers) at the appropriate time; and 3.) The City asks that this request for purchase be reviewed as soon as possible. I am willing to enter into whatever type of development agreement between the City of Brooklyn Center and my company that is necessary. Please contact me if you have any other questions at 612-325-2438. Y Sincerer, avid G. Evanson President, • �. N w J yE Ilk lb voll K. 25 0 ky25 rr r u � V t y 2 w mo. " 1?