HomeMy WebLinkAbout2002 11-25 CCP Regular Session AGENDA
CITY COUNCIL STUDY SESSION
November 25, 2002
6:00 P.M.
Council Commission Conference Room
1. City Council discussion of agenda items and questions
2. Setting work session prior to December 2nd Truth in Taxation meeting
3. Date for Council Retreats
4. Miscellaneous
5. Adjourn
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCauley
City Manager
Date: November 20, 2002
Re: Truth in Taxation Hearing and Annual Review
The Truth in Taxation Hearing was set by resolution on September 9 to be held on
December 2nd at 7:00 p.m. to correspond with the regular City Council meeting time.
When the 2002 meeting schedule was adopted, the hearing time was identified tentatively
for 6:00 p.m. on December 2" The calendar has been corrected to reflect the September
9th resolution. When we discussed the work session to conduct my annual review, I
indicated the incorrect time for Truth in Taxation. I would suggest convening at 6:00 p.m.
to start the annual review since Truth in Taxation will not start until 7:00 p.m.
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
To: Mayor Kragness and Co cil Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCauley
City Manager
Date: November 20, 2002
Re: City Council Retreats
Winter Retreat
Mr. Neu would be available for a City Council retreat on March 3 This is the Monday
following the League Conference for Newly Elected Officials. The retreat could be an
afternoon — evening schedule.
Otherwise, Mr. Neu would be available on March 15 or 22 which are Saturdays. The
advantage to March 3 rd is that Mr. Neu will be in town for the Newly Elected Conference
and this would reduce the City's costs.
Summer Goal Setting Retreat
Mr. Neu would be available any weekend in August or week day that would be
convenient if selected now.
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 COUNCIL MEETING Public Copy
City of Brooklyn Center
November 25, 2002 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
- Council Members not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. November 6, 2002 - Special Session
2. November 18, 2002 - Special Session
3. November 18, 2002 - Work Session with Financial Commission
4. November 12, 2002 - Study Session
5. November 12, 2002 - Regular Session
b. Licenses
• C. Set Special Meeting on December 2, 2002, 6:00 p.m. for City Manager's Evaluation
CITY COUNCIL AGENDA -2- November 25, 2002
d. Resolution Authorizing Professional Services for Wellhead Protection Plan
e. Resolution Authorizing the Early Order Purchase of Four 2003 Ford Crown Victoria
Squad Cars Approved in the 2003 Capital Outlay Budget
f. Resolution Approving Change Order No. 4, Improvement Project Nos. 2002 -05, 06
& 07, Garden City South Street, Storm Drainage, and Utility Improvements
8. Public Hearing
a. Consideration of Renewal Application for a Currency Exchange License From
Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard
- Resolution Authorizing Issuance of a Currency Exchange License to Community
Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, 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. 2002 -017 Submitted by Kaykham Khai
Phommahaxay. Request for Site and Building Plan Approval to Construct a 1,466 sq.
ft. Addition to the Old Hardees Restaurant, 1601 Freeway Boulevard. The Planning
Commission recommended approval of this application at its November 14, 2002,
meeting.
-Requested Council Action:
- Motion to approve Planning Commission Application No. 2002 -017 subject
to the recommended conditions by the Planning Commission.
10. Council Consideration Items
a. Appointment of Minneapolis Metro North Convention and Visitors Bureau Board
- Requested Council Action:
- Motion to re- appoint Mayor Kragness.
b. Resolution Recognizing Flik International's Regional Account of The Year Award
-Requested Council Action:
- Motion to adopt resolution.
•
• CITY COUNCIL AGENDA -3- November 25, 2002
C. Resolution Authorizing and Directing the Transfer of Funds From the General Fund
to the Special Assessment Construction Fund and the Capital Project Fund
- Requested Council Action:
- Motion to adopt resolution.
d. Resolution Authorizing and Directing the City Manager to Negotiate and Execute an
Agreement for Insurance Agent Services
-Requested Council Action:
- Motion to adopt resolution.
e. 2003 Public Utility and Service Charge Rate Study
- Resolution Adopting 2003 Water Utility Rates, Fees, and Charges
- Resolution Adopting 2003 Sewer Utility Rates, Fees, and Charges
- Resolution Adopting 2003 Storm Sewer Utility Rates, Fees, and Charges
- Resolution Adopting 2003 Street Light Rates and Charges
- Resolution Adopting 2003 Recycling Rates
Requested Council Action:
• - Motion to adopt resolutions.
f. Resolution Establishing 2003 Street and Storm Drainage Special Assessment Rates
Requested Council Action:
- Motion to adopt resolution.
11. Adjournment
•
City Council Agenda Item No. 7a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
• SPECIAL SESSION
NOVEMBER 6, 2002
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special session as an election canvass board and was called
to order by Mayor Myrna Kragness at 5:00 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kay Lasman and Ed Nelson. Councilmembers Bob
Peppe and Tim Ricker were absent and uneacused. Also present were City Manager Michael
McCauley and City Clerk Sharon Knutson.
CANVASS OF NOVEMBER 5.2002. GENERAL MUNICIPAL ELECTION RETURNS
The Brooklyn Center City Council proceeded to canvass the City election returns from all City
precincts, reporting ballots cast in the City of Brooklyn Center contest as follows:
• Office of Mayor Ballot Count
Myrna Kragness 5,333
Bob Pe e
pp 3,768
Office of City Council Member Ballot Count
Kathleen Carmody 4,287
Diane Niesen 3,555
Tim Willson 3,077
Mark Anderson 3,058
RESOLUTION NO. 2002 -152
Upon completing the election canvass, member Nelson introduced the following resolution and
moved its adoption:
RESOLUTION REGARDING CANVASS OF NOVEMBER 5, 2002, MUNICIPAL GENERAL
ELECTION
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman, and
the motion passed unanimously.
11/06/02 -1- DRAFT
ADJOURNMENT
There was a motion by Councilmember Nelson and seconded by Councilmember Lasman to adjourn
the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting
adjourned at 5:05 p.m.
City Clerk Mayor
•
•
11/06/02 -2- 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
NOVEMBER 12, 2002
CITY HALL
COUNCIL /COMMISSION CONFERENCE ROOM
CALL TO ORDER STUDY SESSION
The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna
Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker.
Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of
Public Works Sharon Klumpp, Community Development Director Brad Hoffman, and Deputy City
Clerk Maria Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
® City Manager Michael McCauley requested that Council Consideration Item 10g, Resolution
Authorizing and Directing the Transfer of Funds From the General Fund to the Special Assessment
Construction Fund and the Capital Project Fund, be removed from the agenda. He informed the
Council that this item will be on a future agenda and that at this time the numbers are incomplete.
Councilmember Nelson asked that Council Consideration Item 10b, Proclamation Declaring
November 24 Through December 1, 2002, To Be Bible Week, be removed from the agenda.
It was the consensus of the Council to remove these two items from the agenda.
DISCUSSION OF WATERSHED JOINT POWERS AGREEMENT
Mr. McCauley discussed that the City Attorney had prepared an amendment to the Joint and
Cooperative Agreements for the watershed commissions and that he is requesting direction from the
Council as to if they would like to have the proposed amendment sent to other cities for their
reaction.
It was the consensus of the Council to consider inquiring with member cities regarding the proposed
amendments after the first of the year.
•
11/12/02 -1- DRAFT
DISCUSSION OF DATE AND PROCESS FOR ANNUAL CITY MANAGER REVIEW
Council discussed the format to be used and when to set the date for the City Manager's annual
review.
It was the consensus of the Council to use the revised evaluation form and set December 2, 2002,
after the Truth in Taxation Hearing, for the City Manager's annual review.
MISCELLANEOUS
Mr. McCauley informed the Council that staff would be putting an informational packet together for
the newly elected Council Members.
Council discussed possible Council Retreat dates for 2003. It was the consensus of the Council to
have the newly elected Council Members attend the Newly Elected Officials Conference before
setting the dates of Council Retreats.
Councilmember Lasman expressed concern about the St. Alphonsus Church polling location and
questioned if something could be explored for the 2004 Election. Mayor Kragness responded that
she believes there will be an additional polling location in 2004.
ADJOURNMENT
A motion b Councilmember Lasman seconded b Councilmember Nelson to adjourn the Stud •
Y � y J Y
Session at 6:50 . .m. Motion passed unanimous)
P P y
City Clerk Mayor
•
11/12/02 -2- 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
NOVEMBER 12, 2002
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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker.
Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of
Public Works Sharon Klumpp, Community Development Director Brad Hoffman, City Attorney
Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
No one wished to address the Council.
• ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Lasman, seconded by Councilmember Nelson to adj oum the informal
open forum at 6:50 p.m. Motion passed unanimously.
2. INVOCATION
A moment of silence was offered.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna
Kragness at 7:01 p.m.
4. ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker.
Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of
Public Works Sharon Klumpp, Planning and Zoning Specialist Ron Warren, City Attorney Charlie
LeFevere, and Deputy City Clerk Maria Rosenbaum.
11/12/02 -1- DRAFT
5. PLEDGE OF ALLEGIANCE •
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Nelson reported that Community Ahead is sponsoring We Care About Kids Day on
Saturday, February 1, 2003, from 10:00 a.m. to 4:00 p.m. at the Northwest YMCA.
Mayor Kragness reported that she attended a networking luncheon sponsored by the Northwest
Collaborative on November 6, 2002, and on November 7, 2002, she attended the Association of
Metropolitan Municipalities Adoption Policy meeting.
Councilmember Lasman reported that there would be a cross - cultural dialogue on November 19,
2002, at the Gross of Glory Church from 6:30 p.m. to 8:30 p.m.
Mayor Kragness read a letter received from the Brooklyn Center American Little League thanking
the Brooklyn Center community for all their support.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the
agenda and consent agenda with the amendment of Council Consideration Items l Ob, Proclamation •
Declaring November 24 Through December 1, 2002, To Be Bible Week; and 10g, Resolution
Authorizing and Directing the Transfer of Funds from the General Fund to the Special Assessment
Construction Fund and the Capital Project Fund, removed from the agenda. Motion passed
unanimously.
7a. APPROVAL OF MINUTES
There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the
minutes of October 28, 2002, study and regular sessions, and November 4, 2002, special session.
Motion passed unanimously.
7b. LICENSES
A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following
list of licenses. Motion passed unanimously.
GASOLINE SERVICE STATION
Brooklyn Amoco Inc. 6044 Brooklyn Boulevard
11/12/02 -2- DRAFT
• RENTAL
Renewal:
Evergreen Park Manor Apartments Koery Bannerman
Twin Lakes Manor Apartments Troy Meyen
6809 Fremont Place North Terry Hartmann
Initial:
Brookhaven Apartments Hyder Jaweed
TAXICAB
Thomas Omao 100174"' Ave. N., Brooklyn Park
TOBACCO RELATED PRODUCT
Brooklyn Amoco, Inc. 6044 Brooklyn Boulevard
In Good Taste Company 1501 Freeway Boulevard
7e. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING
LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A
PULL -TAB BOOTH AT THE BEST WESTERN, CENTERFIELD BAR &
CAFE
RESOLUTION NO. 2002 -153
• Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE
BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE BEST
WESTERN, CENTERFIELD BAR & CAFE
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
7d. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO.
15382 TO PROVIDE FOR THE DELETION OF SPECIAL ASSESSMENTS
RESOLUTION NO. 2002 -154
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15382 TO PROVIDE
FOR THE DELETION OF SPECIAL ASSESSMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
• 11/12/02 -3- DRAFT
7e. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION •
OF THE PUBLIC SERVICE OF ORGANIZATIONS AND INDIVIDUALS
PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A-
TRAIL, AND ADOPT -A- STREET PROGRAMS
RESOLUTION NO. 2002 -155
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE PUBLIC
SERVICE OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN BROOKLYN
CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
8. PUBLIC HEARINGS
8a. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES,
HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60 AVENUE
NORTH
City Manager Michael McCauley discussed that School District No. 286 had approved the •
agreements for the land exchange with the City and that the ordinance is now recommended to be
adopted.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to re -open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO. 2002 -14
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT
AVENUE FROM 59" AVENUE NORTH TO 60 AVENUE NORTH
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Peppe. Motion passed unanimously.
11/12/02 -4- DRAFT
• 8b. AN ORDINANCE VACATING A PORTION OF A STREET RIGHT OF
WAY: XERXES AVENUE NORTH FROM 55 AVENUE NORTH TO 300
FEET NORTH OF 56 AVENUE NORTH
Mr. McCauley discussed that this ordinance originated with the renovation of Brookdale and that the
ordinance vacation, if adopted, would not be effective until February 1, 2003.
A motion by Councilmember Lasman, seconded by Councilmember Ricker to open the Public
Hearing. Motion passed unanimously.
Richard Rovang, Director of Metropolitan Transit, addressed the Council to summarize the recent
letter submitted to the City and to inform that of the sites they were considering for temporary
locations, only two would be possible. They have not established an agreement with either of the
two locations and continue their search for a temporary and permanent transit locations.
Councilmember Nelson inquired what had been done over the past three years regarding a location
for the transit. Mr. Rovang informed the Council they have had sites in mind; however, the sites
have not been feasible.
Councilmember Peppe asked if the February 1, 2003, is a concrete date. Mr. McCauley informed
that the February 1, 2003, was firm.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public
® Hearing. Motion passed unanimously.
ORDINANCE NO. 2002 -15
Councilmember Nelson introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING A PORTION OF A STREET RIGHT OF WAY: XERXES
AVENUE NORTH FROM 55 AVENUE NORTH TO 300 FEET NORTH OF 56 AVENUE
NORTH
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Peppe. Motion passed unanimously.
9. PLANNING COMMISSION ITEM
i
9a. PLANNING COMMISSION APPLICATION NO. 2002-016 SUBMITTED BY
CHARITY ROBINSON. REQUEST FOR SPECIAL USE PERMIT
APPROVAL TO OPERATE A HOME BEAUTY SHOP AT 4512 65
AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED
APPROVAL OF THIS APPLICATION AT ITS OCTOBER 31, 2002,
MEETING.
• 11/12/02 -5- DRAFT
Mr. McCauley discussed that it is recommended that the Council approve Planning Commission
Application No. 2002 -016 submitted by Charity Robinson to operate a home beauty shop at 4512
65 Avenue North subject to the following conditions:
1. The special use permit is granted only for a home beauty shop with a single operator.
The use may not be altered or expanded in any way without first securing an
amendment to this special use permit.
2. The special use permit is subject to all applicable codes, ordinances and regulations.
Any violation thereof may be grounds for revocation.
3. All parking associated with this home occupation shall be off street on improved
space provided by the applicant.
4. The hours of operation shall be between the hours of 10:00 a.m. and 8:00 p.m.
Monday through Friday and until noon on Saturday. Customers shall be served on an
appointment only basis.
5. The applicant shall comply with the recommendations of the Building Official with
respect to safety related matters and obtain the necessary permits for alterations to be
made to the property which shall be in conformance with the Building and Zoning
Codes.
6. A current co of the applicant's State license shall be submitted to the City prior
•
copy pp Y p
to the issuance of the Special Use Permit and shall be kept on file with the City.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning
Commission Application No. 2002 -016 subject to the above listed conditions. Motion passed
unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION
FOR THE DEDICATED PUBLIC SERVICE OF ELECTION PERSONNEL
Councilmember Peppe read the resolution expressing recognition and appreciation for the dedicated
public service of election personnel.
RESOLUTION NO. 2002 -156
Councilmember Peppe introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF ELECTION PERSONNEL •
11/12/02 -6- DRAFT
• The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
10b. PROCLAMATION DECLARING NOVEMBER 24 THROUGH DECEMBER
1, 2002, TO BE BIBLE WEEK
This item was removed from the agenda.
loc. PROCLAMATION DECLARING NOVEMBER 21, 2002, AS FEED
AMERICA THURSDAY
Councilmember Lasman read the Proclamation Declaring November 21, 2002, As Feed America
Thursday.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation
Declaring November 21, 2002, As Need America Thursday. Motion passed unanimously.
10d. RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL
LAW ENFORCEMENT BLOCK GRANT
Mr. McCauley discussed the City will receive and accept $23,154 from the 2002 Local Law
Enforcement Block Grant Program with the matching funds by the City from the capital and other
. equipment line items of the Police Department budget. This resolution would authorize the
matching fund expenditures of $2,573.
RESOLUTION NO. 2002 -157
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT
BLOCK GRANT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
10e. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED
SALE OF $1,205,000 GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2003A
Mr. McCauley discussed that this resolution would approve directing the sale and other necessary
and /or required actions.
•
11/12/02 -7- DRAFT
RESOLUTION NO. 2002 -158 •
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,205,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
10L REPORT ON CODE ENFORCEMENT
Mr. McCauley outlined the materials provided in the agenda packet and presented a Power Point
presentation on the 2002 summer code enforcement sweep.
Mayor Kragness discussed that she had received phone calls regarding the process being used to
evaluate properties.
Councilmember Nelson asked if citizens have a concern who they should call. Mr. McCauley
informed that the Neighborhood Liaison should be contacted at the Police Department.
log. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF
FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT
CONSTRUCTION FUND AND THE CAPITAL PROJECT FUND
This item was removed from the agenda.
10h. CENTRAL PARK BALL FIELD IMPROVEMENTS
Mr. McCauley discussed that staff had been researching solutions to help with the high creek levels
in Central Park. A plan has been developed that includes the installation of drain tile, the
reconstruction of the warning tracks, and replacement of the outfield fencing. All improvements are
aimed at allowing the fields to drain more effectively and to keep creek levels from encroaching onto
the fields. With the exception of the outfield fencing, the City's Parks maintenance would complete
all of the proposed improvements. The overall cost of these improvements would be approximately
$26,000.
Councilmember Ricker asked how this solution was compiled. Mr. McCauley informed the Council
that the solution was a combination of professional review, water levels, and educated guesses by the
engineer and public works staff.
Councilmember Nelson questioned if the construction would affect the Dudley Tournament in 2003.
Mr. McCauley responded that the construction would start this year and that the plans would have
the construction finished before the Dudley Tournament.
11/12/02 -8- DRAFT
A motion by Councilmember Nelson, seconded by Councilmember Lasman to allocate
• approximately $26,000 from the Capital Improvement Funds for Central Park ball field
improvements. Motion passed unanimously.
11. CLOSED SESSION REGARDING LITIGATION AND POSSIBLE COUNCIL
APPROVAL OF SETTELEMENT
A motion by Councilmember Lasman, seconded by Councilmember Nelson to recess for a closed
session with attorneys at 7:44 p.m. Motion passed unanimously.
The Council recessed to the All American Room to discuss pending litigation.
A motion by Councilmember Lasman, seconded by Councilmember Ricker to reconvene at 9:44
p.m. Motion passed unanimously.
A motion by Councilmember Nelson, seconded by Councilmember Lasman to set special meeting on
November 18, 2002, 6:00 p.m., before the budget worksession. Motion passed unanimously.
12. ADJOURNMENT
There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the
City Council meeting at 9:45 p.m. Motion passed unanimously.
•
City Clerk Mayor
• 11/12/02 -9- 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
• SPECIAL SESSION
NOVEMBER 18, 2002
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna
Kragness at 6:05 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers, Kay Lasman, Ed Nelson, and Tim Ricker. Councilmember
Bob Peppe was absent and excused and requested that the minutes reflect his opposition to the proposed
settlement. Also present: City Manager Michael McCauley, Interim Assistant City Manager/Director of
Public Works Sharon Klumpp, and Deputy City Clerk Maria Rosenbaum.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to recess the special session
at 6:06 p.m. to an executive session with attorneys to discuss pending litigation regarding Summerchase
Apartments. Motion passed unanimously.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to reconvene the special
session at 7:14 p.m. Motion passed unanimously.
• Councilmember Nelson discussed that he has difficulty with making a motion to approve a settlement
agreement with the costs involved; however, made a motion to approve the settlement agreement.
Councilmember Lasman seconded the motion.
Councilmember Ricker expressed concern about the amount of money involved and stated that he will
reject approving this settlement agreement. He believes that the Council should evaluate the amount of
money owed to the City and that the Council should not approve this settlement agreement without all
Council Members present.
A motion had been made by Councilmember Nelson, seconded by Councilmember Lasman to approve the
settlement agreement for Summerchase Apartments. Voting in favor: Mayor Kragness, Councilmember
Lasman, and Councilmember Nelson. Voted against the same: Councilmember Ricker. Motion passed.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn at 7:16 p.m.
City Clerk Mayor
• 11/18/02 -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
GENERAL WORK SESSION
MEETING WITH FINANCIAL COMMISSION
NOVEMBER 18, 2002
COUNCIL /COMMISSION CONFERENCE ROOM
CALL TO ORDER
The Brooklyn Center City Council met for a general work session with the Financial Commission at
Brooklyn Center City Hall in the Council /Commission Conference Room and was called to order by
Mayor Myrna Kragness at 7:18 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Tim Ricker.
Councilmember Bob Peppe was absent and excused. Also present: City Manager Michael
McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, Fiscal and
Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum.
• Financial Commission Members present were Chair Donn Escher and Commissioners Timothy
Elftmann, Jay Hruska, Mark Nemec, Lawrence Peterson, and Gavin Wilkinson.
GENERAL DISCUSSION OF REVISED GENERAL FUND BUDGET
City Manager Michael McCauley discussed that the draft general fund budget is being presented in a
balanced format and that since the last budget worksession, an additional $16,337 of levy authority is
proposed based on the certification received to levy for additional Public Employee Retirement
Association costs; and that the draft budget reflects the elimination of three full -time positions
pursuant to the recently approved reconfiguration of positions.
Mr. McCauley suggested that the tuition reimbursement program be suspended. He believes that this
would be an appropriate area of savings since it is not widely utilized.
Mr. McCauley outlined an overhead discussing personnel costs and explained that the salary
increases should generally keep the City competitive with our comparable cities; however, the issue
of the level of insurance contributions made by the City would need to be further discussed. The
City is potentially in an uncompetitive position and may need to increase its contribution beyond the
budgeted increase.
11/18/02 1 DRAFT
Mr. McCauley continued discussions that were outlined in the materials regarding the aid reductions
for 2003, new trash receptacles in the central business area, the Peacemakers funds, and the legal
costs.
It was brought to the Council's attention that the new trash receptacles are being considered for
purchase in 2002 and service started in 2003 if the Council was comfortable moving forward with
this expenditure for the final budget meeting in December.
Mayor Kragness expressed the need for this around the transit area. She has received many
complaints regarding the trash and believes this would be a worthwhile expenditure.
REVIEW ENTERPRISE
Mr. McCauley reviewed that the enterprises continue to be the same as previously discussed and the
rate increases will be the following: three percent for water, sewer, and storm sewer, one percent for
street light utility, and that there will be no increase for recycling.
Council discussed the street light utility increase and the number of streetlights currently not working
throughout the City. Mr. McCauley informed the Council that staff is working with Excel Energy to
resolve these issues and that the City of Brooklyn Center is not the only City facing problems at this
time. Interim Assistant City Manager /Director of Public Works Sharon Klumpp discussed that she
continues to work with the Engineering Department and suggested that the Council contact her
regarding any complaints or concerns.
CITY COUNCIL DISCUSSIONS OF 2003 CALENDAR
Council discussed the proposed 2003 calendar and was in consensus with the addition of a
worksession after the January 13, 2002, Regular Session. This worksession will be an orientation for
the newly elected Council Members.
MISCELLANEOUS
Councilmember Lasman questioned what happens to the unexpended monies from the budget. Mr.
McCauley discussed that the monies are part of the funding source for capital improvements and
street reconstruction after applicable fund balance policies have been applied.
ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Ricker to adjourn the meeting at
8:11 p.m. Motion passed unanimously.
City Clerk Mayor •
11/18/02 -2- DRAFT
City Council Agenda Item No. 7b
OMT City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy Cit Clerk
�rn�
DATE: November 20, 2002
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 November 25,
2002.
CHRISTMAS TREE SALES
PQT Company /Rum River Tree Farm 5040 Brooklyn Boulevard
3245 Bass Lake Road
MECHANICAL
Allan Mechanical, Inc. 7875 Fuller Road, Eden Prairie
• DJ's Heating & Air Cond. Inc 6060 LaBeaux Avenue NE, Albertville
Master Gas Fitters 2240 Shawnee Drive, North St. Paul
RENTAL
Initial:
5801 Ewing Avenue North Yesinde Idowu
7037 Logan Avenue North Lillian Rice
SIGNHANGER
All -Brite Sign Inc. 13325 Commerce Blvd., Rogers
Sign Maintenance Lighting & Electrical, Inc. 1230063 d Avenue North, Maple Grove
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
•
City Council Agenda Item No. 7c
• There are no materials for this item.
e
City Council Agenda Item No. 7d
•
�i
MEMORANDUM
DATE: November 20, 2002
TO: Michael McCauley, City Manager
FROM: David Peterson, Public Works Supenntendent)
SUBJECT: RESOLUTION AUTHORIZING PROFESSIONAL SERVICES FOR
WELLHEAD PROTECTION PLAN
The City of Brooklyn Center is required by the 1986 Federal Safe Drinking Water Act to
implement wellhead protection programs for the City's nine public water supply wells. The
focus of the program is protecting our water supply from contaminants by preventing them from
entering the area that contributes water to the well field over a period of time. The long -term
goals are intended to:
• Reduce the use of costly treatment facilities
• Avoid the drilling of new wells
• Avoid the need to clean up contaminated ground water
The Minnesota Wellhead Protection Program for the City of Brooklyn Center has a completion
date for Phase I of February 2004. Work officially started on the plan in house June 18, 2002
with the Minnesota Health Department scoping meeting.
On September 30, 2002, the City issued a request for proposal (RFP) for engineering services to
delineate the drinking water supply management area and conduct well and aquifer vulnerability
assessments. Two proposals were received in response to the RFP:
Leggette, Bradshears & Graham Inc. $19,935.00
Toltz, King, Duvall, Anderson and Assoc., Inc. $29,038.00
Our intent is to have the consultant approved, and doing some of the groundwork in December
2002. The city and consultant can start the delineation process in January 2003. A detailed
schedule and work plan submitted by the city has been approved by the Minnesota Department of
Health.
Funding for the study has been established in the proposed 2003 Water Utility fund in the
amount of $25,000. In order to allow the consultants to start work on this project, staff
recommends approval of the agreement.
•
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION AUTHORIZING PROFESSIONAL SERVICES FOR WELLHEAD
PROTECTION PLAN
WHEREAS, the City of Brooklyn Center is required by the 1986 Federal Safe
Drinking Water Act to implement wellhead protection programs for public water supply wells; and,
WHEREAS, the State of Minnesota Wellhead Protection Plan is requiring the City of
Brooklyn Center to complete Phase I of the plan by February 2004; and
WHEREAS, the City of Brooklyn Center received proposals to complete Phase I of
the Wellhead Protection Plan in amounts of, and from the firms of:
Leggette, Bradshears & Graham Inc. $19,935.00
Toltz, King, Duvall, Anderson and Assoc., Inc. $29,038.00
WHEREAS, the proposed 2003 Water Utility fund includes an allocation of $25,000
to conduct this study.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the City enter into an agreement with Leggette, Bradshears &
Graham Inc. to provide professional service to complete Phase I of the Wellhead Protection Plan at
a cost not to exceed $19,935 plus allowable expenses.
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:
is whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 7e
MEMORANDUM
DATE: November 13, 2002
TO: Michael McCauley, City Manager
FROM: David Peterson, Public Works Superintendent j
SUBJECT: Resolution Authorizing the Early Order Purchase of Four 2003 Ford Crown
Victoria Squad Cars Approved in the 2003 Capital Outlay Budget
The Central Garage is requesting early order for early delivery of the following police vehicles
in the 2003 Capital Outlay Budget as explained below. A separate resolution authorizing the
order to be placed at this time is attached for council consideration.
Payment will be 30 days upon delivery, and delivery is estimated to be in February 2003.
Three Marked Squads, One Unmarked Squad, Police Dept.
I am requesting the early ordering of three Marked Squad Cars and one Unmarked Squad Car
for the Police Department. This greatly speeds up the set -up time at the outside vendor and
gets our squad cars in service in a timely manner. The old scenario was all police departments
ordered cars in January each year and delivery was staggered anywhere from March to May.
The vendors outfitting squads were then faced with everyone wanting their squads in a narrow
window and cars sitting around for months. A lot of years we didn't get our new squads in
service in time to get rid of old ones at the Spring Auction. Everyone in the entire process
wins with the early delivery of the last few years. This purchase will be made off of the State
of Minnesota Contract again this year. Sufficient funds in the Central Garage Internal Service
Fund are currently available. Cost for the four squads total $91,990.00.
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EARLY ORDER PURCHASE OF FOUR 2003
FORD CROWN VICTORIA SQUAD CARS APPROVED IN THE 2003 CAPITAL
OUTLAY BUDGET
WHEREAS, four squad cars are scheduled for routine replacement in 2003; and
WHEREAS, it is expected that $109,160.00 in accumulated depreciation will be
available in the 2003 Central Garage capital outlay budget; and
WHEREAS, a minimum of 60 to 90 day delivery makes immediate ordering
preferable for 2003 delivery and payment; and
WHEREAS, it is possible for the City of Brooklyn Center to participate in the 2003
Minnesota State Cooperative Purchasing Venture; and
WHEREAS, replacement vehicles are available on the State Contract Bid for Superior
Ford Inc. at a total cost of $91,990.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the early order purchase of four Ford Crown Victoria squad cars
under the Minnesota State Cooperative Purchasing Venture at a total cost of $91,990.00 is hereby
approved.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 7f
e
•
MEMORANDUM
DATE: November 20, 2002
TO: Michael McCauley, City Manager
FROM: Scott Brink, Consulting Engineer j
SUBJECT: Resolution Approving Change Order No. 4, Improvement Project Nos.
2002 -05, 06, and 07, Garden City South Street, Storm Drainage, and Utility
Improvements
On May 13, 2002 the City Council awarded a construction contract for the Garden City South
project to Arcon Construction. Council action is necessary at this time to approve Change
Order No. 4.
The proposed change order is a result of items included in the plans, but inadvertently omitted
on the bid form or Extra Work not included in the plans at the time of bidding. This work is
necessary to complete the intended design of Garden City South. The work items essentially
include outside drop manholes not included in bid form, additional traffic control on Xerxes
Ave., water main break repair and additional grading on Xerxes Ave. No.
Change Order #4 in the amount of $82,063.65 represents approximately a 2.7 % increase in
project costs. Total change orders to date represent a 6.7 % increase in the project cost. A
10% contingency to cover unanticipated additional costs was established at the time the
contract was awarded.
It is recommended that the City Council approve the attached resolution approving Change
Order No. 4 in the amount of $82,063.65.
i
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NOA, IMPROVEMENT PROJECT NOS. 2002 -05,
06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY
IMPROVEMENTS
WHEREAS, pursuant to a written contract with the City of Brooklyn Center, Arcon
Construction Co., Inc. is completing the following improvement in accordance with said contract:
Improvement Project Nos. 2002 -05, 06 & 07, Contract 2002 -B, Garden City South; and
WHEREAS, the City of Brooklyn Center wishes to add additional items pursuant to the
written contract; and
WHEREAS, the City of Brooklyn Center finds it necessary to include additional utility
and other related work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Change Order No. 4 is hereby approved
2. The cost of Change Order No. 4 is $82,063.65
3. The costs of Change Order No. 4 shall be paid as follows
Funding Source Amount
Street Construction $ 6,336.24
Water Utility Fund $ 5,251.27
Sanitary Sewer Utility Fund $41,019.91
Storm Sewer Utility Fund $ 5,244.19
MSA - Xerxes Ave. $24,212.04
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 8a
OX City of Brooklyn Center Office of the City Clerk
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: November 20, 2002
SUBJECT: Public Hearing: Consideration of Renewal Application for a Currency Exchange License
Submitted by Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn
Boulevard
Resolution Authorizing Issuance of a Currency Exchange License to Community
Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn
Center, Minnesota
The Minnesota Department of Commerce has received an application from Community Money Centers,
Inc. dba Money Centers to renew its currency exchange license to operate at 6219 Brooklyn Boulevard,
Brooklyn Center, Minnesota, and has forwarded a copy of the complete application to the City of
Brooklyn Center for review. The City Council approved the renewal application last year at its
November 13, 2001, meeting. Initial application was approved on July 26, 1999.
•
Minnesota Statute § 53A.04 requires the Minnesota Department of Commerce to submit any application
for licensure as a currency exchange to the governing body of the municipality in which the currency
exchange proposed to conduct business. The Statute requires the governing municipality to render a
decision regarding issuance or denial of the license within 60 days; it also requires the governing
municipality to publish notice of intent to consider the license (published in the Brooklyn Center Sun -
Post November 14, 2002).
Community Money Centers, Inc. dba Money Centers, has submitted to the Minnesota Department of
Commerce a renewal application, along with the appropriate fee, current fee schedule used for cashing
checks, surety bond in the amount of $10,000, and background investigation by the Bureau of Criminal
Apprehension. Attached is a printout from Police Chief Bechthold regarding police activity at this
location since November 1, 2001.
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE
LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY
CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER,
MINNESOTA
WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Department of
Commerce to submit any application for licensure as a currency exchange to the governing body
of the municipality in which the currency exchange proposes to conduct business; and
WHEREAS, the Minnesota Department of Commerce has received an application
from Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn
Center, Minnesota; and
WHEREAS, the City of Brooklyn Center allows for such conduct on premises
within the City of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the issuance of a currency exchange license to Community Money Centers,
Inc. dba Money Centers to operate at 6219 Brooklyn Boulevard is hereby approved.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
• City of Brooklyn Center
(Official Publication)
NOTICE OF INTENT TO CONSIDER A CURRENCY EXCHANGE LICENSE
Notice is hereby given that the City Council of the City of Brooklyn Center will consider the renewal
application for a currency exchange license from Community Money Centers, Inc. dba Money
Centers, to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. This consideration
will be given at the November 25 2002 City ouncil meeting at 7 .m. or as soon thereafter y g p ft r as th e
matter may be heard. The meeting will be held in the Council Chambers of the Brooklyn Center City
Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota.
Sharon Knutson
City Clerk
•
INQ30C10 NAME INQUIRY REPORT Page: 1
MON, OCT 21, 2002, 12:45 PM FOR Req. By: 103
MONEY CENTERS
•
-- ----- ------ --------- - - - - -- BUSINESS INFORMATION
---------------------------
Business Address Suite City ST Zip
6219 BB BROOKLYN CEN MN
(612)
---------------------- - - - - -- CASES
--------------------- - - - - --
Case No Inv Date Code Description Status
CR0214649 VM 072602 C 22J2 FORGERY -GM- UTT -POS CLEARED BY ARREST
CR0125601 VM 121801 C 1212 FORGERY -FE -UTT POS INACTIVE
CR0123448 VM 111601 C 21J2 FORG- GM -MAK ALT DE EXC CLEARED
CR0117544 VM 082901 C 22J2 FORGERY -GM- UTT -POS JUVENILE ARREST
CR0113712 VM 071301 C 22C2 FORGERY -GM- UTT -POS CLEARED BY ARREST
CR0113470 VM 071001 C 0442 FORGERY -UNK LVL -RE INACTIVE
CR0018888 VM 101200 C 12G2 FORGERY -FE- UTT -POS EXC CLEARED
-
-------------- --- - - - - --
ADDRESSES --------------------- - - - - --
Type Address Street Apt City St Zip
BUS 6219 BB BROOKLYN CEN MN
Inv: VM01 Case: CR0214649 Date: 020726 Phone: (612) -
MINNESOTA
DEPARTMENT OF 85 7th Place East, Suite 500
COMMERCE St. Paul, Minnesota 55101 -2198
651.296.4026 FAX 651.297.1959 TTY 651.297.3067
Octoberl0, 2002
Sharon Knutson, City Clerk
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199 CERTIFIED MAIL
RE: Community Money Centers Inc. dba Money Centers — License #20202409
Currency Exchange License Renewal for 2003
Dear Ms. Knutson:
The above -named currency exchange licensee has made application to renew its currency
exchange license to operate at:
6219 Brooklyn Blvd.
Brooklyn Center, MN
• Pursuant to Minnesota Statutes Chapter 53A.04, we are forwarding a copy of the complete
renewal application to the City of Niin3retef4i&4n care of your office for you to review.
Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any
application for licensure as a currency exchange to the governing body of the municipality in
which the currency exchange conducts business. The law further requires the governing
body of the municipality to render a decision regarding the renewal of the license within 60
days. Your cooperation in forwarding this information to the proper unit within your
organization is appreciated.
Your reply must be received within 60 days of receipt of this letter. If you have any
questions, please contact me at the telephone number listed below.
Very truly yours,
A ob""- H. Brown
Financial Examinations Division
651- 282 -9855
Enclosure
•
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
MINNESOTA 2002 LICENSE RENEWAL NOTICE btate of Minim,
CURRENCY EXCHANGE Dept. of Con me
COMMUNITY MONEY CENTERS INC License Type: CURRENCY EXCHANGE A► A 1 2 0
• dba: MONEY CENTERS License Number: 20202409 per-0
6219 BROOKLYN BLVD
BROOKLYN CENTER, MN 55429 Company Structure: CORPORATION
Renewal Fee: $500
Phone Number: (763) 535 -6872 [ ] Check this box if you will not be renewing the license for the year 2002.
AFFIRMATION: Returning the form will serve as a SURRENDER of the license.
I hereby certify that the information and responses contained in this renewal application are true and correct to the best of my knowledge and belief.
Cary D. Geller President
Na , rint) Title
08/15/2002
Signatu/ AO AAy THI WOLF
Date
OT o ins'e;E&L_
Subscrib and sworn to, befor e, a otary Public, this_L5�day of r2002. y GOmm. Ex ires !En 31, 2007
State of 71 �
Not@ Public nature County of / n
My commission expires v/
You must return this entire 2 -page form with attachments, signed, along with your renewal payment, to:
Minnesota Department of Commerce
Financial Examinations Division
85 - 7th Place East, Suite 500
St. Paul, MN 55101 -2198
W ORRECTIONS /AMENDMENTS: Make name, address or telephone number corrections directly on the form above.
• For a name change, attach a copy of the amended name filed and stamped by the Minnesota Secretary of State.
• P.O. Box addresses are not acceptable. Renewals without a street address will be returned.
TIMELY RENEWAL: The renewal form must be signed, notarized, and dated and returned with the correct renewal fee by Sept. 1, 2002.
• Pursuant to Minnesota Statutes, Chapter 53A.04(a), regarding the licensing of currency exchanges, both state and local
approval of the issuance and renewal of a currency exchange license is required. This process may take up to 120 days;
therefore, you should return the required forms immediately to ensure a timely renewal.
• If all required forms are not fully completed and returned to our office with payment by September 1, 2002, your license will
lapse effective December 31; 2002. If your license does lapse, you must reapply for a license using the license application form
and paying the new license fees.
• A properly renewed license will be valid through December 31, 2003.
RENEWAL FEE:
• NO CASH ACCEPTED. Please make check or money order payable to MN. DEPT. OF COMMERCE.
• NOTICE: Dishonored checks will be assessed a $30 service fee by law and may result in failure to renew license.
• Renewal fees are non - refundable except that an overpayment of a fee will be refundable upon proper application.
If you have questions, please contact the Financial Examinations Division by e-mail at
financial. commerce @state.mn.us or by telephone at (651) 282 -9855.
MONEY CENTERS
6219 BROOKLYN BLVD
BROOKLYN CENTER, MN 55429
Page 1 of 2
MINNESOTA 2002 CURRENCY EXCHANGE LICENSE RENEWAL NOTICE
The following information must be completed as part of the renewal application:
®. Attach to this form a list of the name(s), business and residence address, and official title of each director, officer,
limited or general partner, manager, shareholder holding ore than ten percent e ent of the outstanding stock P g of the
corporation, and employees with authority to exercise management or policy control over the company or member of
the licensee. The list should contain the equity ownership of each person.
2. Each person listed in item 1 must request the Bureau of Criminal Apprehension conduct a background investigation
on the form provided. Completed forms must be submitted with your renewal application.
3. Attach a current fee schedule of all fees charged by the currency exchange office for cashing checks, money
orders or travelers checks. The list must include the type of checks cashed, the fees charged, and whether or not
the fees vary depending on the amount of the check.
4. Attach the $10,000 Surety Bond (on the forms provided) with a power of attorney form. The bond must be effective
January 1, 2003 until December 31, 2003.
5. Does the licensee have employees at the currency exchange location?
[ X ] Yes [ ] No If yes, you must provide evidence of current workers' compensation insurance. Attach a
copy of the certificate of insurance.
5. Does the licensee operate any other currency exchange locations?
[ X ] Yes [ ] No If yes, attach to this form the name of the location, the street address, city, state, zip code
and county.
7. Contact person for questions relating to licensinq issues:
Cary D. Geller President Community Money Centers, In .
• Name Title Firm Name dba Money Centers
6525 Nicollet Ave. Richfield MN 55423
Street Address City I State /Zip Code
612 866 -5674 612 866 -4342 carydgeller @msn.com
Telephone Number Fax Number E -mail address
8. Contact person for questions relatinq to consumer complaints:
Cary D. Geller President Community Money Centers, In
Name Title Firm Name dba Money Centers
6525 Nicollet Ave. Richfield MN 55423
Street Address City State /Zip Code
612 866 -5674 612 866 -4342 carydgeller @msn.com
Telephone Number Fax Number E -mail address )
9. Contact person at the currency exchanqe location:
i
Rosa Hargrove Store Coordinator
Name
Title JJJ
6219 Brooklyn Blvd Brooklyn Center Ml, 55429
Street Address City State /Zip Code
763 535 -6872 763 533 -6930 None
Telephone Number Fax Number E -mail address
Page 2 of 2
•
August 15 2002
List of Owner & Manner.
Cary D. Geller 100% President
Centers - --
6525 Nicollet Ave.
Richfield, MN 55423
Residence:
6145 Arctic Way
Edina, MN 55436
•
Richard P. Krietzman-Blazevic 0% Sec/Treasurer
Money Centers
6525 Nicollet Ave.
Richfield, MN 55423
Residence:
5520 24 th Ave. S.
Minneapolis, MN 55417
•
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 -6555
Date: 2002/08/13
Name: GELLER, CARY D
DOB: 1950/06/16
SEQ #: 1572
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.
O 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.
•
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 -6555
Date: 2002/08/13
Name: KRIETZMAN- BLAZEVIC, RICHARD P
DOB: 1950/11/23
SEQ #: 1570
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.
•
M -�
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. . . . . . . . . . . . .
•
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44
BOND NUMBER: 94792
• STATE OF MINNESOTA
DEPARTMENT OF COMMERCE
CURRENCY EXCHANGE SURETY BOND
KNOW ALL PERSONS BY THESE PRESENTS: That Community Monev Centers, Inc. dba Money
a Minnesota corporation (Name of Currency Exchange) Centers
(Description or form of business organization, including state of incorporation)
with business office at 6219 Brooklyn Blvd., Brooklyn Center, MN 55429
(Street Address, City, State, Zip)
as PRINCIPAL and EMPIRE FIRE & MARINE INSURANCE COMPANY OF OMAHA. NE
(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 Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS (S 10,000). Principal
and Surety hereby bind themselves, 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 53A.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 Minnesota and all persons suffering damages by reason of the Principal's
failure to comply with Minnesota 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 party for loss sustained by the injured party. -
4. This bond shall be effective from January 1, 2003 until December 31, 2003 .
('Fear)
Signed and Sealed this 9 th day of `AU 9u.s't' 2002
By: FMp TRF. FTP7 F, M A P T M TNRTTRANrR By: �.
(N ame of Surety) (S, nature o Attorney c of cry Company)
Community Money Centers, Inc K av e
By: dba Money Centers
By:
(Name of Currency Exchange)
g) (Signa e of Sole Propriewr, PaYtner, or President)
Cary D. Geller, President
* * * * * * * * * * * * * * * * * * * * * * * *
FOR DEPARTMENT USE ONLY
Approved as to form and execution by Department of Commerce.
.. e
�MN/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
ACKNOWLEDGMENT OF PRINCIPAL
�
COUNTY OF ) ss.
(SOLE PROPRIETORSHIP)
The foregoing instrument was acknowledged before me this day of
by
(Name of person acknowledged)
NOTARY SEAL Notary Public
(PARTNERSHIP/LI 11TED LIABILITY COMPANY)
_ The foregoing instrument wa_s acknowledged before 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 /0, zz I c ift�o(`;
by Cary D. Geller ,Presidentof J mm unity Monev Centers
(Name of corporate president)
Inc, dba Money Centers ,a Minnesota corporation, on
(Name. of corporation ackrnowledging) state of incorpera
behalf of the corporation.` °J r`'""RICHARO H. DAVIES �)
Notary Public a
Minnesota �
NOTARY SEAL ' ��': MY C =MdOon Expires Jan 31, 2005
Notary Public
STATE OF MINNESOTA
ACKNOWLEDGMENT OF SURETY
�
COUNTY OF HENNEPIN 1 ss.
The foregoing instrument was acknowledged before me this 9 t h day of August , 2 0 0 2
b Richard H. Davies, Attorney —in —Fact
(Name and title of officer or agent
of EMPIRE FIRE & MARINE INSURANCE COMPANY OF OMAHA, NE
(Name of corporation acknowledging)
a Nebraska corporation, on behalf of the corporation.
(state of incorporation)
• PATRICIA ZASKE
NOTARY S „ ` Notary Public Notary Public
Minnesota
My commission Expires Jan. 31, 2007
2 MN/DOC CE BOND 7/1999
EMPIRE FIRE AND MARINE INSURANCE COMPANY
OMAHA, NEBRASKA
POWER OF ATTORNEY
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by
the approving officer if desired.
That EMPIRE FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Nebraska,
and having its principal office in the City of Omaha, County of Douglas, State of Nebraska, does hereby make, constitute and appoint
Richard H. Davies, Carolyn L. Davies, Matthew W. Davies and Jonathan S. Davies its true and lawful Attorney(s) -in -fact, to make,
execute, sign, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds and undertakings of
suretyship.
NOT EXCEEDING IN AMOUNT
Dollars ($750, 000.00)
and to bind EMPIRE FIRE AND MARINE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of EMPIRE FIRE AND MARINE
INSURANCE COMPANY and sealed and attested to by one other of such officers, and hereby ratifies and confirms all that its said
Attorney(s) -in -fact may do in pursuance hereof.
This power of attorney is granted under and by authority of Article III, Section 3.1 of the By -Laws of the EMPIRE FIRE AND MARINE
INSURANCE COMPANY and by Resolution of the Board of Directors duly adopted as follows:
- - - -- - ------ - - - - -- "All bonds, bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by
the Chairman of the Board, President, any Vice- President, Secretary, any Assistant Secretary, or Treasurer, or by such other officers
as the Board of Directors may authorize. .The Chairman of the Board, President, any Vice - President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority o issue bonds policies, or undertakings
y , p rtakin s
9
in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings or other
obligations of the corporation."
It is certified that the above is a true and exact copy.
In Witness Whereof, the EMPIRE FIRE AND MARINE INSURANCE COMPANY has caused these presents to be signed by its
resident, and its corporate seal to be hereto affixed, duly attested by its Secretary this 5th day of December - 2001
Attest: EMPIRE FIRE AND MARINE INSURANCE COMPANY
I ,yr'��^ Secretary * r President
STATE OF NEBRASKA )
) 5s.
COUNTY OF DOUGLAS)
On this 5th day of December A.D. 2001 before me personally came John Kinsler to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Douglas, State of Nebraska; that he is the Secretary of the EMPIRE FIRE
AND MARINE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the
seal of said corporation: that the seal affixed to the said instrument is such 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.
Signed and sealed at the City of Omaha. Dated 5th day of December 2001
III GENERAL NOTARY -State Nebraska
PAUL A. MIH LFCA �
c
_ My Comm. Exp. March 10, 2004
Notary Public
CERTIFICATE
1, the undersigned, Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, A Nebraska Corporation DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore,
that the Resolutions of the Board of Directors set forth in the Power of Attorney are now in force.
O ned and sealed at the City of Omaha. Dated the 9 th day of August 2002
Secretary
EM 40 11 (12 -01)
Minnesota Workers' Compensation Assigned Risk Plan
brac Standard Workers' Compensation and Employers' Liability Policy
Contract Administrator
erklry Risk Admmistralors Convoy. LLC Berkley Risk Administrators Company, LLC
P.O. Box 59143 Minneapolis, (Minnesota 55459 -0143
Phone (612) 766 -3000 NCCI Carrier Code 21466
INFORMATION PAGE
Renewal Of No. WC- 22 -04- 108600 -00
1. The Insured: Policy Number: WC- 22 -04- 108600 -01
Community Money Centers Inc Association File Number: 2343436
6525 Nicollet
Richfield, MN 55423 Tax ID #: F411724818
UIC #: 1611334 -000
Date of Mailing: 12/5/2001
Other workplaces not shown above: F Individual 7 Partnership
Fx� Corporation 17 Other
2. The policy period is from 12:01 a.m. 12/19/2001 to 12:01 a.m. 12/19/2002 at the insured's mailing address.
3.A. Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here:
MN
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3.A.
The limits of our liability under Part Two are: Bodily Injury By Accident $500,00( each accident.
Bodily Injury By Disease $500,00( policy limit.
Bodily Injury By Disease $500,00( each employee.
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
D. This policy includes these endorsements and schedules:
0310 WC000403 WC000414 WC000419 WC220000 WC220601A WC990001A WC990601 WC990809
b
premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans.
All information required below is subject to verification and change by audit.
PREMIUM BASIS RATES I ENTRIES IN THIS ITEM, EXCEPT AS SPECIFICALLY PROVIDED ESTIMATED
ESTIMATED TOTAL PER $100 OF CODE ELSEWHERE IN THIS CONTRACT; DO NOT MODIFY ANY OF ANNUAL
ANNUAL REMUNERATION NO. THE OTHER PROVISIONS OF THIS POLICY. PREMIUM
REMUNERATION
Manual Premium $467.00
See Schedule Increased Limits $50.00
Merit Rating 0.67 ($171.00)
Minimum Premium: $169.00 Standard Premium $346.00
Adjusted Standard Premium $346.00
Expense Constant $110.00
Total Estimated Annual Premium $456.00
Net Deposit Premium Required $456.00
Agency Name and Address Premium Paid to Date ($456.00)
Rosenbloom & Rosenbloom Inc Total Premium Due $0.00
5810 W 78th St
Suite 200
Bloomington, MN 55439
r
D• 12/5/01
Signature:
' / '•' A hpr,Sed ft�Pl�ae�L•tiv '
Includes copyright material of the National Council on Compensation Insurance used with its permission.
@1983 _@ 1991 National Council Compensation Insurance
WC 99 - 00 - 01
0987 138832
• Community Money Centers, Inc.
Locations
Money Centers
1532 University Ave., Suite 9100
St. Paul, MN 55104
Ramsey County
Money Centers
6525 Nicollet Ave. S.
Richfield, MN 55423
Hennepin County
Money Centers
2600 Nicollet Ave. S.
-------Minneapolis,- MN 55408 - - --
Hennepin County
Money Centers
6219 Brooklyn Blvd.
Brooklyn Center, MN 55429
Hennepin County
Money Centers
8132 Highway 7
St. Louis Park, MN 55426
Hennepin County
•
Page 1 of 6
Minnesota Statutes 2002, Chapter 53A.
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
W 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 percent 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 1; 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
operated under the license is located or proposed to be
located 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
0 (
licant; and
3) the applicant's occupation or profession, for the ten
years 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
hftp://www.revisor.leg.state.inn.us/cgi-bin/getstatchap.pl 11/20/2002
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
publicly 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
the 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
nager, or a shareholder holding more than ten percent of the
tanding 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.
ting application is denied, the applicant may, within 30 days
eceiving the notice of a denial, request a contested case
pursuant to chapter 14; provided that if the denial is
based 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
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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
of 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
ender, or affect the liability on the bond required by
ions 53A.01 to 53A.13, or entitle the licensee to a return
of 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-nm.us/cgi-bin/getstatchap.pl 11/20/2002
Page 4 of 6
as authorized under chapter 45.
HIST: 1989 c 247 s 6
== 53A.07
O 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;
• (4) the general cost of doing business, insurance costs,
security 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
W ection with providing currency exchange services. The
issioner may require a licensee to file a bond in an
additional 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, the
commissioner may require the licensee to file its financial
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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.
W IST: 1989 c 247 s 8; 1992 c 504 s 6
53A.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
�.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.
i6 he licensee shall keep and use in the licensee's business
books, accounts, and records that will enable the
issioner to determine whether the licensee is complying with
this 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.
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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
3A.misc2002 Minn. Stats. repealed, etc. secs in chap 53A
53A.14 Repealed, 1992 c 504 s 8
•
http://www.revisor.leg.state.nm.us/cgi-bin/getstatchap.pl 11/20/2002
City Council Agenda Item No. 9a
,I
• MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning S ecialist / �.�
Subject: City Council Consideration Item - Planning Commission Application No. 2002-
017
Date: November 20, 2002
On the November 25, 2002 City Council Agenda is Planning Commission Application No. 2002 -
017 submitted by Kaykham Khai Phommahaxay requesting Site and Building Plan approval to
construct a 1,466 sq. ft. addition to the old Hardee's Restaurant, 1601 Freeway Boulevard.
Attached for your review are copies of the Plamling Commission Information Sheet for Planning
Commission Application No. 2002 -017 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 November 14, 2002 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.
•
Application Filed on 10 -31 -02
City Council Action Should Be
Taken By 12 -30 -02 (60 Days)
Planning Commission Information Sheet
Application No. 2002 -017
Applicant: Kaykham Khai Phommahaxay
Location: 1601 Freeway Boulevard
Request: Site and Building Plan Approval
The applicant, Kaykham Khai Phommahaxay, is seeking site and building plan approval to
construct a 1,466 sq. ft. addition to the old Hardee's Restaurant building, 1601 Freeway
Boulevard, to convert it to an Asian food market and deli. The property in question is zoned
C -2 (Commerce) and is located at the southwest corner of Freeway Boulevard and the east leg of
James Circle North. It is bounded on the west by the Earle Brown Bowl; on the north by
Freeway Boulevard with I -1 zoned property and uses on the opposite side of the street; on the
east by the east leg of James Circle North with the Best Western Hotel on the opposite side of the
street; and on the south by the Comfort Inn Hotel. The retail sale of food is a permitted use in the
C -2 zoning district.
BACKGROUND
. Planning Commission Application No. 89005 consisting of site and building plan and special use
permit approval for a 4,285 sq. ft. Hardee's convenience food restaurant was approved by the
City in 1989 and the 118 seat restaurant with 20 employees and 69 parking spaces opened in July
of 1989. The applicant recently acquired the property, plans to make a 1,466 sq. ft. addition to
the west side of the building and operate an Asian food market and deli. The deli is for over the
counter sale of deli products and will not have any seating for an on site restaurant.
ACC'RSS/PARKTNCT
Access to the site is unchanged from that provided for the Hardee's Restaurant. A 30 ft. wide
driveway off James Circle at the southeast corner of the site is provided. The former drive up
window lane at the northwest corner of the building will be removed. This is the location for the
proposed building addition. Access around the site will be generally one way following the same
parking and driving pattern as was provided for the Hardee's Restaurant. Entrances to the food
market are on the east and north sides of the building. Ninety degree parking will be provided on
the east side of the site where 27 parking spaces are located. Angle parking to the north of the
building and to the south of the building are also provided. Approximately 12 angled parking
spaces along the west side of the site will be eliminated to accommodate the proposed addition.
This area will be a drive lane around the west side of the building. Altogether the revised
parking plan will provide 57 parking spaces for the use. The retail parking formula which
requires 5.5 parking spaces per 1,000 sq. ft. of gross floor area requires a total of 32 parking
spaces to accommodate the proposed retail use. Twenty five surplus parking spaces will,
• 11 -14 -02
Page 1
• therefore, exist on the site. Two handicap parking spaces are to be located at the northeast corner
of the building. A van accessible handicap parking space may have to be added to meet current
handicap accessibility requirements.
DR ATNACTF /CTR AnTNCT/T 1TTT TTTFq
No plans are contemplated for revised grading, drainage or utilities on the site. One point which
should be noted is that the curb detail shown is not consistent with the City's requirement for
B612 curb and gutter. Additional curb and gutter will be provided around where the new
addition is ro osed
p p .This should match the existing B612 curb and gutter on the site. The City
Engineer has briefly reviewed the plan and has noted that there are not revisions that require any
formal review on his part. No Watershed review is required. On site drainage has been provided
and is the same as for the previous Hardee's Restaurant.
LANDSC'.APTNCT
As the Commission is aware, the City takes the opportunity of reviewing sites for compliance
with existing requirements when additions are made. The Hardee's Restaurant was built in 1989
and the landscape requirements are the same today as they were at that time. The applicant has
provided a landscape plan showing the existing landscaping that is on the site. They propose to
provide some additional landscaping, primarily shrubs around the perimeter of the new building
addition. Some landscaping will be relocated and other new landscaping will be provided. The
• existing landscape plan contains eight American Linden trees that are located in the north and
east green strips for the site. Various shrubs such as Alpine Currant, Webber Juniper and Isanti
Dogwood are also located in these green strip areas. Foundation shrubs include Dwarfed Winged
Enonumus, Jackman Potentilla, Isanti Dogwood and Winged Enonmus. New shrubs proposed
include Emerald and Brandan Arborvitae and Old Gold Juniper. The total number of points
provided for this landscaping is 126, 80 of which are from the shade trees. Eighty five landscape
points are required under the landscape point system. Provided all of this landscaping is viable,
it should be appropriate. It is difficult at this time of the year to determine whether or not the
landscaping is viable. We would recommend that the performance guarantee be held to assure
that the complete landscape plan, including all previous landscaping, is viable.
BT 1TT'DINCT
The applicant proposes to make some modifications to the exterior of the building. When
originally built, the building exterior consisted of a light colored brick with a cedar shake
mansard treatment which was carried around the entire building. The applicant proposes to make
some modifications by providing two new stucco wall features, one on the east side next to the
entrance and the other on the north side of the building, both of which will extend above the roof
line of the mansard treatment. They also propose to remove the existing cedar shakes that make
up the mansard treatment and replace it with a corrugated metal roof material. The stucco wall
feature on the north side of the building will also contain metal fins that project out from the wall
as a decorative feature. We would recommend that the corrugated metal mansard treatment be
11 -14 -02
Page 2
r
provided uniformly around the rest of the building where the new building addition is proposed
r rather than to end this feature by wrapping it around only a portion of the west side of the
building. This would be in keeping with the general requirement that building exteriors,
particularly mansard treatments, be carried uniformly around the building.
T ,TUNING /TR ASH
The plan calls for no changes with respect to lighting on the site and the trash enclosure. The
trash enclosure is located at the southwest corner of the buiding and should provide appropriate
screening for trash containers to be stored on the site.
The plan under consideration is a site and building plan review only. No special use permit or
special use permit amendment is required with this application. Thus, no notices have been sent
and no public hearing is required to be conducted by the Planning Commission.
RECOMMENDATION
For the most part, the plans appear to be in order and are recommended subject to the following
conditions:
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of building permits.
• 2. Any modifications to grading, drainage or utility plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
building permits to assure completion of all site related improvements.
4. Any outside trash disposal facilities and roof
p top or on ground mechanical
equipment shall be appropriately screened from view.
5. The building addition is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinances.
6. The existing underground irrigation system shall be operational prior to the
release of the financial guarantee.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
11 -14 -02
Page 3
• 8. B612 curb and gutter shall be provided around the proposed new building
expansion.
9. The applicant shall provide appropriate erosion and sediment control devices on
the site during construction as approved by the City Engineering Department.
10. The plans shall be modified prior to the issuance of building permits to include:
a. A note indicating that B612 curb and gutter shall be provided.
b. The continuation of the mansard treatment completely around the new
building addition to be consistent with that being provided around the balance
of the building.
• 11 -14 -02
Page 4
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• MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
NOVEMBER 14, 2002
REGULAR SESSION
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, 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
� g Y
Crass. Commissioner Whitehead was absent and excused. Commissioner Sean Rahn was
absent and unexcused.
APPROVAL OF MINUTES — OCTOBER 31, 2002
There was a motion by Commissioner Boeck, seconded by Commissioner Newman,
to approve the minutes of the October 31, 2002 meeting as submitted. The motion passed.
Commissioner Erdmann abstained, as he was not present at the meeting.
• CHAIRS 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. 2002 -017 (KAYKHAM KHAI PHOMMAHAXAY
Chair Willson introduced Application No. 2002 -017, submitted by Kaykham Khai
Phommahaxay, a request for Site and Building Plan approval to construct a 1,466 sq. ft. addition
to the old Hardee's Restaurant, 1601 Freeway Boulevard.
Mr. Warren presented the staff report to describe the location of the property. (Refer to Planning
Commission Information Sheet dated 11 -14 -02 for Application No. 2002 -017 attached.) He
advised the property in question is zoned C -2 (Commerce) and is located at the southwest corner
of Freeway Boulevard and the east leg of James Circle North. The retail sale of food is a
permitted use in the C -2 zoning district.
Mr. Warren explained that construction of a 4,285 sq. ft. Hardee's convenience food restaurant
was approved by the City in 1989 under Planning Commission Application No. 89005 which
consisted of site and building plan and special use permit approval. The applicant, who recently
acquired the property, plans to operate an Asian food market and deli with over the counter sale
of deli products. There will be no seating for an on site restaurant.
•
11 -14 -02
Page 1
• The Commissioners discussed current exterior treatments on the building and what changes and
improvements are proposed to be made to the exterior.
Commissioner Newman inquired about screening of any roof top mechanical equipment. Mr.
Warren replied that all roof top or on ground mechanical equipment must be appropriately
screened from view as noted in the recommended conditions.
Mr. Dwight Chestnut, the contractor representing the applicant, added that there would be only
one additional roof top unit to handle the addition to the building and all roof top equipment will
be screened as required by city ordinances.
Commissioner Reem inquired about adding landscape requirements to the conditions of
approval. Mr. Warren responded that a performance bond must be presented to the city to
guarantee completion of the required landscaping. I
Mr. Dwight Chestnut explained the reason for the break in the mansard application on the
building addition is due to the tight corners for delivery trucks on the site. Chair Willson
responded that as was stated in the report by Mr. Warren, the mansard treatment should be
uniformly provided around the entire building as required by city ordinances. Mr. Warren noted
that if it is tight for delivery trucks, parking on the west side of the site could be eliminated, as
there is a surplus of parking on the site.
• Commissioner Reem and Willson inquired about appropriate maintenance and screening of trash
enclosures. Mr. Warren explained that there is currently an enclosed area on the site for trash
disposal. If it is determined in the future that trash is not being properly screened and stored, it
would be a code enforcement issue.
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. 2002 -017 — KAYKHAM
KHAI PHOMMAHAXAY
There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to
recommend to the City Council that it approve Application No. 2002 -017, submitted by
Kaykham Khai Phommahaxay for site and building plan approval to construct a 1,466 sq. ft.
addition to the old Hardee's Restaurant building, 1601 Freeway Boulevard, subject to the
following conditions:
I. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of building permits.
2. Any modifications to grading, drainage or utility plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
11 -14 -02
Page 2
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
building permits to assure completion of all site related improvements.
4. Any outside trash disposal facilities and roof top or on ground mechanical
equipment shall be appropriately screened from view.
5. The building addition is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinances.
6. The existing underground irrigation system shall be operational prior to the
release of the financial guarantee.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
8. B612 curb and gutter shall be provided around the proposed new building
expansion.
9. The applicant shall provide appropriate erosion and sediment control devices on
the site during construction as approved by the City Engineering Department.
• 10. The plans shall be modified prior to the issuance of building permits to include:
a. A note indicating that B612 curb and gutter shall be provided.
b. The continuation of the mansard treatment completely around the new
building addition to be consistent with that being provided around the balance
of the building.
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, and Reem.
The motion passed unanimously.
The Council will consider the application at its November 25, 2002, meeting. The applicant
must be present. Major changes to the application as reviewed by the Planning Commission
will require that the application be returned to the Commission for reconsideration.
OTHER BUSINESS
The Planning Commission meeting planned for November 21, 2002, to discuss the Critical Area
Plan has been cancelled. The item will be discussed at the December 14, 2002, meeting.
Mr. Warren explained that an application has been submitted for review by the Planning
Commission for a PUD amendment for a vacant parcel adjacent to the site of the Regal Theater,
65 and Camden Avenue North, for construction of a McDonald's Restaurant, and will be on the
December 14, 2002, agenda.
11 -14 -02
Page 3
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Reem, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:30 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
•
•
11 -14 -02
Page 4
s
City Council Agenda Item No. 10a
OX City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker
FROM: Michael J. McCaule -
DATE: November 19, 2002
SUBJECT: Minneapolis Metro North Convention and Visitors Bureau
Attached is a letter from John Connelly requesting appointment to the Minneapolis Metro North
Convention and Visitors Bureau. Mayor Kragness has served in that position and has indicated that
she would be interested in being reappointed to serve as the City's representative on the Bureau.
i
• lw 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 jI
)6
I
MINNEAPOLIS
e METRO NORTH
CONVENTION AND VISITORS BUREAU
MEMO
I
TO: Mike McCauley
FROM: John Connelly
DATE: 11/7/02
RE: City Appointment to the MMNCVB Board of Directors
In accordance with our organizational by -laws, the City of Brooklyn Center
appoints a representative from the City to the Bureau Board of Directors.
Mayor Myrna Kragness has served this past year as the appointed person to
e the Board.
Because of our governance structure, our directors serve three -year terms.
Before our annual meeting January 23, 2003, the City of Brooklyn Center
will need to appoint a person to serve a three year term. Please bring this
item to the current City Council for action on whom they want to fill the
director position representing the City of Brooklyn Center. This decision is
at the City of Brooklyn Center's discretion.
Thank you.
e 6200 Shingle Creek Parkway, Suite 248, Minneapolis, Minnesota 55430 •763.566.7722 • FAX 763.566.6526
www.justaskmn.com• 800.541.4364
P&Presenting the communities of Anoka, Blaine, Brooklyn Center, Brooklyn Park,
Coon Rapids, Fridley, Maph Grove, Afounds Dieu, Shoreview
City Council Agenda Item No. 10b
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING FLIK INTERATIONAL'S REGIONAL
ACCOUNT OF THE YEAR AWARD
WHEREAS, the Earle Brown Heritage Center (EBHC) and Flik International have
formed a partnership to support the work of the Heritage Center; and
WHEREAS, that partnership has provided excellent customer service, outstanding
food and beverage service, a consistent volume of sales, and a well -kept first -class facility; and
WHEREAS, Flik International singled out the catering division at the EBHC to
receive its Regional Account of the Year award; and
WHEREAS, this award is for outstanding performance, overall performance,
employee retention, and financial performance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Brooklyn Center that they recognize the work of Cory Gigstead, Flik Food and Beverage Director,
Flik catering taff, Judith Ber eland EBHC General Manager, the EBHC g g ger, HC facility staff, for their
work in romotin e Center.
the Earle Brown Heritage p g g
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM
• TO: Michael
J. McCauley, City Manager
FROM: Sharon Klumpp, Interim Assistant City Manager /Director of Public Works
DATE: November 20, 2002
SUBJECT: Resolution Recognizing Flik International's Regional Account of the Year
Award
Flik International has been under contract with the City to provide food and beverage
services at the Earl Brown Heritage Center (EBHC) since March 1999. During that time,
Flik has grown in its understanding of the requirements needed to provide high quality
services to retain existing customers and attract new customers to the EBHC. More
importantly, an effective partnership between the City's EBHC staff and Flik's on -site
staff has taken shape. All staff assigned to the EBHC, regardless of their employer,
recognizes the role that teamwork and cooperation plays in consistently providing high
quality customer service.
Flik's recognition of the EBHC operation as its regional account of the year is a
distinction that has generated a shared sense of pride and accomplishment among all
EBHC employees. The award acknowledges the results achieved in partnership and
raises the bar for the future.
The attached resolution is provided for the City Council's consideration to recognize the
efforts of the Flik staff.
•
•
City Council Agenda Item No. 10c
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS
FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT
CONSTRUCTION FUND AND THE CAPITAL PROJECT FUND
WHEREAS, the City Council appropriated sums in the General Fund Contingency
appropriation to provide for unanticipated expenses related to events of September 11, 2001; and
WHEREAS, those contingencies have been met through other funding sources or
with existing appropriations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following transfer of funds is hereby authorized and directed:
Decrease: General Fund Cash ($150,000)
Account 10100 -1095
Decrease: General Fund Contingency appropriation ($150,000)
Account 10100- 49250 -6475
• Increase Special Assessment Construction Fund Cash $75,000
Account 40700 -1095
Increase Special Assessment Construction Fund- $75,000
Fund Balance
Account 40700 -3660
Increase Capital Project Fund Cash $75,000
Account 40100 -1095
Increase Capital Project Fund- Fund Balance $75,000
Account 40100 -3660
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
• and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Memorandum
Date: November 15, 2002
To: Michael McCauley
City Manager
From: Douglas Sell
Director of Fiscal and Support Services
RE: Fund Transfer — Contingency to Capital Funds
Contingency appropriations were established in the wake of September 11, 2001 events
at a level that would have provided for some funding to meet extraordinary expenses
should such service, supply and labor costs be necessary. We are nearing the end of
fiscal year 2002 and it seems apparent that such expenditures will not be necessary. All
additional costs have been absorbed into current operating budgets or provided through
other funding.
The attached resolution provides for a transfer from the General Fund Contingency
appropriation to two capital funds, Capital Improvement Fund and the Special
Assessment Construction Fund. The original Contingency appropriation was $157,875.
Improvement Fund and h
ti
We are suggesting that $75,000 be transferred to the Capital Im
® p p
$75,000 be transferred to the Special Assessment Construction Fund. This will support
the Council's goal of providing capital for neighborhood street projects through the
Special Assessment Construction Fund and other capital improvements throughout the
community from the Capital Improvement Fund.
memMcCauley111502 Transfers. doc
•
City Council Agenda Item No. lOd
Memorandum
Date: November 19, 2002
To: Michael McCauley
City Manager
From: Douglas Sell
Director of Fiscal and Support Services
RE: Insurance Agent Services
Background
Earlier this fall, the City Council approved the RFP for Insurance Agent Services. We
submitted the RFP for bid to several agencies in response to our advertisement. Two
proposals were received one from the current r id
p ovi er and one from a recognized agent
servicing a number of municipalities in Minnesota. Our initial evaluation of these
proposals seemed to indicate that both proposals were greater than what staff considered
to be an equitable amount of compensation for services rendered.
However, upon further discussion with both firms submitting proposals, we have found
gp p
that the fees proposed may not be out of • p p y line when compared to the commission basis of
compensation for agent services. Commissions for liability and property damage
coverages are 7% to 10% of the premium base. In our case, that would be between
$10,500 and $15,000 in commission. In addition, commission on the worker's
compensation policy would be an additional 5% to 7% resulting in an additional cost of
$7,500 to $11,500.
A.J. Gallagher Proposal
The proposal from A.J. Gallagher provides for purchase of liability and property damage,
inland marine and performance bonds /policies. Their fee for these services is $11,000
and includes the necessary preparatory work to procure these polices. The basic fee does
not include the worker's compensation
policy and any premiums associated with that
policy. (According to the current agreement, they are permitted to collect a commission
on the worker's compensation policy and they have been collecting a 2% commission
based on our gross premium.) A.J. Gallagher currently collects $3,540 in commissions
that results in a total cost for agent services of $14,540.
T.C. Field Proposal
The proposal from T.C. Field provides for procurement of all insurance policies currently
in force including liability and property damage, worker's compensation, inland marine
and performance bonds. Their fee is $12,500 for services that includes all necessary
preparatory work to procure these polices. A reduction in the premium paid is provided
• to the City if the agent does not collect a commission on the premiums paid by the City to
the insurance provider. In our situation, the commissions paid to A.J. Gallagher would be
offset against our premium thereby reducing our insurance cost. (We confirmed this with
our current worker's compensation insurance provider, the LMCIT.) A detailed list of
services is identified below.
Process
Our current agreement expires on December 31, 2002. If we are to renew with the
current agent, no additional notice is necessary. If we are to place the agreement with a
new agent, thirty days notice must be provided to the current service provider under the
terms of the current agreement. Our insurance policy year is April 1 to March 31 for
most policies. Liquor liability and worker's compensation are calendar year policies.
Therefore, it is important to place the service agreement as early as possible to ensure
continued services prior to the solicitation of quotes for insurance polices in
February /March, 2003. It is possible to have an agreement in place prior to year's end
with either of the companies noted above.
Services
The T.C. Field proposal includes the following services:
1. Negotiation and placement of all the required insurance.
2. Information and advice on relevant changes in insurance markets,
products, and services.
3. Assistance in developing a comprehensive insurance program.
4. Insurance policy inventory and summary.
5. Loss exposure list and classification, updated at least annually.
• 6. Assistance on all claims and losses with carrier and third parties.
7. Assistance in minimizing premiums, (i.e.: reviewing and auditing rating
basis, formulas, values, etc.)
8. Assistance with loss prevention and control.
9. Provide and update annually property appraisals, dependent upon
insurance company selected.
10. Attendance at loss control committee meetings if requested.
11. Drafting insurance specifications to meet our needs.
12. Obtain quotes and make recommendations.
13. Review policies, billings, claims, etc and assist with premium allocation.
14. Assist in loss control program in addition to insurer services.
15. Update insurable values at least annually.
Recommendation
It is our suggestion that staff negotiates with T.C. Field and develop an acceptable
agreement for services that best meets the City's needs and is within our fiscal
limitations. Approval of the attached resolution by the City Council would authorize and
direct the City Manager to negotiate and execute such an agreement in an amount not to
exceed the proposed amount as provided for in the RFP, $12,500, for the services
outlined above.
•
adoption: Member introduced the following resolution and moved its
•
RESOLUTION NO.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT FOR INSURANCE AGENT
SERVICES
WHEREAS, City policy requires that professional services agreements be re-
negotiated or re -bid in accordance with an approved schedule; and
WHEREAS, Insurance Agent Services is one of those services to be re -bid in 2002;
and
WHEREAS, the City Council approved an RFP for Insurance Agent Services in
October, 2002 and directed that it be advertised; and
WHEREAS, two agencies submitted proposals for Insurance Agent Services; and
WHEREAS, T.C. Field has submitted the most favorable response and has indicated a
willingness to enter into an agreement for Insurance Agent Services with the City.
• NOW, THEREFORE, BE IT RESOLVED b the City Council of the City y y y of
Brooklyn Center that the City Manager is hereby authorized and directed to negotiate and execute an
agreement for Insurance Agent Services with T.C. Field in an amount not to exceed $12,500.
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. 10e
• Memorandum
Date: November 20, 2002
To: Michael McCauley
City Manager
From: Douglas Sell
Director of Fiscal and Support Services
RE: Utility Rates — 2003
Following review of the proposed utility budgets and your recommendation for utility
rate increases, we have prepared several resolutions for consideration by the City Council
as it relates to Public Utility Rates for 2003.
Water Utility
Rates reflect an increase of 3% to the basic rate. It increases to $1.01 per thousand
gallons from $ .98 per thousand gallons in 2002. Quarterly minimums, late charges,
certification charges and other service charges have not been changed from the 2002 rate
schedule. With a 3% rate increase, revenues will be sufficient to meet operational and
• capital goals as established by the Council and will permit maintenance of a cash reserve
at or near the target as established by policy. The average residential customer will see
an increase of $3.00 per year on 25,000 gallons of use per quarter.
Sewer Utility
Again, rates reflect a 3% increase to the basic charge. MCES expenses represent the
largest expense in this operation at $1,440,000 for 2003 or $40,000 over the 2002
charges. This is approximately a 3% increase. The average household will see an
increase of $6.40 on an annual basis. Revenues will be sufficient to permit maintenance
of a cash balance within policy guidelines as well as providing for improvements to the
City's infrastructure as part of neighborhood projects.
Storm Sewer Utility
A 3% increase was applied to the basic rate. This equivalent rate is $11.85 per residential
lot including duplexes, and townhouses. A homeowner will see and increase of $1.40 per
year with the new rates. A cash reserve to meet the policy established by Council can be
achieved over the next five ears with modest increases. In addition continued
Y ,
improvements can be made to the City's infrastructure with partial funding from this fund
Street Light Utility
A 1% increase was applied to the basic rate for 2003 and a homeowner will see
pp an
increase of $ .10 for the year. This increase will permit the City to maintain a cash
• reserve in accordance with City policy and will provide capital to meet requirements.
• Recycling Rates
No rate increase is proposed for the recycling services provided through the joint powers
organization. The rate for homeowners will remain at $2.15 per month or $6.45 per
quarter.
ACH (Automate Clearing House) Services and Charges
The resolution establishing rates for the Water Utility contains a fee item for those
customers that choose to participate in the ACH services to be offered as part of the
utility billing system. The charge is $ .50 per quarter or $2.00 per year for customers that
choose to have their checking or savings account automatically debited to pay for their
utility bill.
ACH services provide the customer an opportunity to have their utility bill paid by
authorizing the city, through its banking partner, to automatically debit the customer's
account on the date the utility bill is due. This is a service offered by several other
communities and a service that has been discussed by several customers with the utility
billing staff. The service is not free. There are bank charges for this service that include
file creation, monthly maintenance fees, NSF charges, etc. There is a modest cost
savings to the City as the automatic payments are collected in a file that is uploaded and
payments are automatically applied against a specific customer account. At 15%
participation, this will save the City in data entry time approximately $600.00. However,
there are upfront costs to establish the program that should be recovered from users.
Based on information about this program from other communities, it does take time to
build the program to one that is cost effective. Initially, the program will cost the City
nearly $ .85 /transaction in bank charges. As the number of participants increase, the cost
per transaction decreases as the fixed costs are spread over a larger base. At the 15%
participation level, the average cost is $ .20 per transaction in bank charges. However,
based on other community's experiences, it may take more than a year or more to achieve
a participation level of 15 %.
The Financial Commission has recommended that the City move ahead with this service
with two conditions.
1. The customer's using the service pay for the service. This is the basis for
the charge being recommended in the resolution.
2. The City review the participation level in twelve months to determine if
the participation level is at least 15 %. The Financial Commission has
recommended that the service be discontinued in one year if the
participation level is not at least 15 %.
Attached are five resolutions that will implement the rates, fees and charges discussed
with the Council during the work sessions. We are recommending consideration and
adoption for implementation effective with billings on or after January 1, 2003.
• Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING 2003 WATER UTILITY RATES, FEES AND CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self -
supporting through revenue provided by a unifonn schedule of rates, fees and charges; and
WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall
be adopted by resolution of the City Council; and
WHEREAS, financial requirements for the utility funds have been identified and reviewed
by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center
that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings
issued on or after January 1, 2003.
2003 WATER UTILITY RATE SCHEDULE
Water Rates, Fees and Charges
Base Rate
• Year 2003 $1.01 per 1,000 Gallons
Quarterly Minimum Rate
Meter Size 2003 Quarterly Minimum Charge
5/8" $7.00
3/4" $11.00
1" $14.00
1 '' /2 $ 18.00
2" $35.00
3" $70.00
4" $119.00
6" $273.00
8" $515.00
10" $686.00
Fees
Purchase Water Meter 5/8" or 3/4" $50.00
Purchase Water Meter Larger than 3/4" Cost plus $2.00
Fire protection inspection $50.00
Private hydrant maintenance Labor, materials, equipment and overhead
•
RESOLUTION NO.
0 Charges
Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance
Certification for collection with property taxes $30.00
Service Restoration $30.00
Monday through Friday (except holidays)
Between the hours of 7:30 AM and 3:00 PM
Service Restoration $30.00
Saturday, Sunday, Holidays and
Between the hours of 3:00 PM and 7:30 AM
Delinquent meter reading per account $2.00 -First Quarter
(per consecutive quarter) $4.00- Second Quarter
$8.00 -Third Quarter
$10.00 -Fourth and subsequent Quarter
Curb stop stand pipe repair $40.00
Hydrant Meters
• 5/8" or 3/4" Meter
Deposit $100.00
Daily Rental $2.00
Monthly Rental $20.00
Minimum Rental $20.00
Hydrant Meters
2 1/2" Meter
Deposit $700.00
Daily Rental $14.00
Monthly Rental $140.00
Minimum Rental $140.00
Water Connection Established annually by resolution
ACH service charge $ .50 per quarter per customer
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.
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
• RESOLUTION ADOPTING 2003 SEWER UTILITY RATES, FEES AND CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self -
supporting through revenue provided by a uniform schedule of rates, fees and charges; and
WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall
be adopted by resolution of the City Council; and
WHEREAS, financial requirements for the utility funds have been identified and
reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center
that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings
issued on or after January 1, 2003.
2003 SEWER UTILITY RATE SCHEDULE
Sewer Rates, Fees and Charges
Base Rate Quarterly Residential
Single Family Apartment Senior Citizen
Year 2003 $54.10 $37.80 $29.75
Non - Residential Rate
Year 2003 $2.16 per 1,000 Gallons
. Fees
SAC Charge set by MCES Fee Established by MCES
Charges
Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance
Certification for collection with property taxes $30.00
Line cleaning charge Labor, materials, equipment and overhead
Sanitary Sewer Connection Established annually by resolution
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.
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
• RESOLUTION ADOPTING 2003 STORM SEWER UTILITY RATES, FEES AND
CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self -
supporting through revenue provided by a uniform schedule of rates, fees and charges; and
WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall
be adopted by resolution of the City Council; and
WHEREAS, financial requirements for the utility funds have been identified and
reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center that the following Storm Sewer Utility rates and charges are hereby adopted and shall be effective for
all billings issued on or after January 1, 2003.
2003 STORM SEWER UTILITY RATE SCHEDULE
Storm Sewer Rates and Charges
Quarterly Rates per Acre
2003 Ouarterly Charge
Base Rate $47.50
Cemeteries and Golf Courses $11.85
Parks $23.70
Single Family, Duplex, Townhouse $11.85 /lot
School, Government Buildings $59.25
Multiple Family, Churches $142.15
Commercial, Industrial $236.90
Vacant Land As assigned
Charges
Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance
Certification for collection with property taxes $30.00
Private facility cleaning charge Labor, materials, equipment and overhead
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.
• Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING 2003 STREET LIGHT RATES AND CHARGES
WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-
supporting through revenue provided by a uniform schedule of rates, fees and charges; and
WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall
be adopted by resolution of the City Council; and
WHEREAS, financial requirements for the utility funds have been identified and
reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Brooklyn Center
that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings
issued on or after January 1, 2003.
2003 STREET LIGHT UTILITY RATE SCHEDULE
Street Light Rates and Charges
Quarterly Rates
Customer 2003 Ouarterlv Chars_ e
• Per Dwelling Unit:
Single, Double and Multiple Family Residential $3.03
Per Acre:
Parks $5.05
Schools, Government Buildings, Churches $10.10
Retail and Service- Office $15.15
Commercial and Industrial $15.15
Vacant Land and Open Space As Assigned
Charges
Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance
Certification for collection with property taxes $30.00
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.
• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION ADOPTING 2003 RECYCLING RATES
WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling
Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section
471.59 (1987); and
WHEREAS, the purpose of the joint powers agreement is to create an organization by
which member cities may jointly and cooperatively provide for the efficient and economical
collection, recycling and disposal of solid waste within and without their respective corporate
boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter
115A (1987); and
WHEREAS, the HRG has established a curbside recycling program for its member
cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source
Separation for Hennepin County; and
WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish
rates for recycling services; and
WHEREAS, the HRG has established a rate of $2.15 per month per household for
recycling services on or after January 1, 2003; and
WHEREAS, the rates for recycling services established by the HRG reflect the
amount necessary to fund the City's curbside recycling program after projected reimbursement of
recycling program costs from Hennepin County.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that: the recycling rates identified above as established by the HRG are hereby
approved and shall be effective for all billings issued on or after January 1, 2003.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
• and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 10f
MEMORANDUM
Date:. November 19, 2002
To: Michael J. McCauley, City Manager
From: Sharon Klumpp, Interim Assistant City Manager /Director of Public Works
Subject: Resolution Establishing 2003 Street and Storm Drainage Assessment
Rates
Each year the City Council establishes assessment rates for street improvement projects.
Special assessments are levied against any property deemed to benefit from such an
improvement. Assessments for residential properties are made on a unit basis that applies
to all single family residential properties and represents a specific portion of the average
cost of reconstructing a typical residential street. Historically, this percentage has been
estimated at 38 percent of the project costs. Assessments for non - residential and
multiple family residential properties are computed separately for each project.
For 2002, the City Council adopted a unit rate for street reconstruction of $2,400 per
parcel and for storm drainage improvements of $790 per parcel, for a total per P parcel
g p P p p p
® assessed cost of $3,190. For 2003, staff recommends increasing rates by 4.1 % to
maintain the current relationship between the assessed costs paid by property owners and
the citywide cost. The 2003 rate for street construction will be increased to $2,500 per
single family residential parcel, and the storm drainage improvements will be increased
to $820, for a total per parcel assessed cost of $3,320.
The residential assessment rates for street reconstruction will apply to properties in R -1,
R -2 or R -3 zoned districts. These rates will also be applied to parcels of property in other
land use zones when such parcels (a) are being used as one - family or two - family
residential sites at the time the assessment roll is levied; and (b) could not be subdivided
under the then existing Subdivision Ordinance.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING 2003 STREET AND STORM DRAINAGE
SPECIAL ASSESSMENT RATES
WHEREAS, the residential assessment rates for street and storm drainage
improvements are annually reviewed and approved by the City Council; and
WHEREAS, the residential assessment rates should be adjusted annually to be
effective January 1; and
WHEREAS, the proposed street assessment rates for 2003 will maintain the current
relationship between the assessed costs paid by property owners and the city -wide cost; and
WHEREAS, the R -4, R -5, R -6 and R -7 zoned districts will continue to be assessed
based on an evaluation of project cost and project benefit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City
of Brooklyn Center, Minnesota, that:
1. The residential street and storm drainage special assessment rates for street
reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These
rates shall also be applied to parcels of property in other land use zones when such
parcels (a) are being used as one - family or two - family residential sites at the time
the assessment roll is levied; and (b) could not be subdivided under the then - existing
Subdivision Ordinance.
2. The residential assessment rates for street reconstruction effective January 1, 2003
shall be as follows:
Land Use 2003 Assessment Rates
R -1 zoned, used as one - family $2,500 per lot (street)
site that cannot be subdivided $ 820 per lot (storm drainage)
Resolution No.
Land Use 2003Assessment Rates
R -2 zoned, or used as a two - family $33.33 per front foot with a
site that cannot be subdivided $2,500 per lot minimum (street)
$10.93 per front foot with a
$820 per lot minimum (storm)
R -3 zoned Assessable frontage x $33.33 (street)
Number of residential units
Assessable frontage x $10.93 (storm)
Number of residential units
3. The residential assessment rates for street reconstruction shall not apply to R -4, R-
5, R -6, or R -7 zoned districts. The assessment rates for street reconstruction for R-
4, R -5, R -6, or R -7 zoned property shall be based on an evaluation of the project
cost and the project benefit for each project.
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.
p Yp p
•