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HomeMy WebLinkAbout2000 04-10 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION April 10, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. City Calendar: April 13 is Planning Commission Work session not City Council (this was the typo that should have been: April 3rd Work Session and 13th as Planning Commission 3. City Council voice mail: any changes or questions. 4. Miscellaneous 5: Adjourn I • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • HIGHWAY 100 RECONSTRUCTION STAGING Segment III -- 39th Avenue North to the $ 2 bridge at Twin Lakes Construction is eye econstruction of Highway 100 from planned for summer 2001. Access to 94 Glenwood Avenue to 50th Highway 100 will close at 39th Avenue. e Avenue North is divided into Five 5z \ segments. When complete, there will be six The 42nd Avenue interchange will be reconstructed. The existing Burlington e, B R O K L Y N N T E R travel lanes from Interstate 394 to County Bass_ -Ra Northern Railroad bridge and West —� 199 Road 81 and four lanes north of County Broadway bridge will be replaced with Road 81. The project includes removing fig c B L new bridges meeting proper clearance all signalized intersections, closing all requirements. The signalized intersection NE U ,6, e�af a substandard access locations, constructing HOPE y at County Road 81 will be replaced with a 42nd AveN and reconstructing interchanges, widening grade- separated interchange. The bridge R O B B I N S D A L E shoulders and medians and replacing over Twin Lakes will be replaced. The 36th Ave bridges. The improvements scheduled for Highway 100 will upgrade it from an Lyons Park boat ramp will be relocated B1 expressway to a freeway through the cities farther south. 153 Medi cine Lk Rd a 94 of Golden Valley, Crystal, Robbinsdale and Segment IV -- Twin Lakes to 50th ,6 Z 94 GoIden Valley Rd Brooklyn Center. D ° .th St �,�- Avenue North Construction is planned for s spring 2003. The existing France Avenue z Segment I-- Glenwood Avenue North to 169 Duluth Street Construction begins May intersection will be replaced with a diamond GO v .a L L E Y 66 2000 and will last a roximatel three interchange. The Canadian Pacific /Soo Line pp y Railroad bridge will be replaced. Highway 40 GienwoodP years. The interchange at Highway 55 will be reconstructed with one signal on access at 50th Avenue North and Indiana Avenue will be closed. Before access at 94 Highway 55. Access to Highway 100 will _ — 1w remain at Glenwood Avenue, Highway 55 Indiana Avenue is closed, a bridge will be M1NNEso9:A C Reconstruct E,ist,ng Interchange DEPARTMENT New Interchange and Duluth Street. All other access points to built over Ryan Creek at 46th Avenue. of TRANSPORTATI °" Pnrt,nn of TH 100 to be Reconstructed Highway 100, Lindsay Street and existing connections to frontage roads will close. Segment V -- Duluth Street to 29th Avenue North Construction is planned for Motorists will encounter traffic delays and Segment II -- 29th Avenue to 39th after 2010. This segment completes the temporary lane shifts during construction. Avenue Construction begins late April 2000 project and involves reconstruction of the However, two lanes of traffic will be and will last approximately two years. This interchange and bridge replacement at maintained in each direction on Highway segment will carry three lanes northbound Duluth Street to accommodate three lanes 100 throughout the project. Access to major and two lanes southbound on Highway 100, of traffic in both the north and southbound roadway crossings (Glenwood Avenue, until Segment V is completed. The signalized directions. A third southbound lane is Highway 55, Duluth Street, 36th Street, intersection at 36th Avenue will be replaced planned from 36th Avenue to Duluth Street. 42nd Avenue and County Road 81) will with a diamond interchange. Access to Additional right -of -way is required for the be maintained throughout most of the Highway 100 will be at 36th Avenue. All Duluth Street interchange reconstruction, construction. It may be necessary to close other access points to Highway 100 (Unity but no additional right -of -way is needed ramps or limit access to these roads for Avenue, 39th Avenue and existing to add the third lane. Grading will be short periods of time. Advance notice and connections to frontage roads) will close. completed in Segment II. appropriate signing will notify motorists. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • o • • • • • • • • • • • • o • • • o • • • o • • o • • • • o • • o • • ^,° �NNESOT4 yo WHERE TO CALL FOR MORE INFORMATION OF TPP Judy Jacobs (651) 582 -1365 Communications Dave Raley (763) 797 -3069 H IG HWAY 100 Segment 1 Construction RECONSTRUCTION r, Joe Forpahl (763) 797 -3070 GUIDE 2 Construction Ron Rauchle (651) 582 -1316 or Val Svensson (651) 582 -1769 Segment I, II & III Design Beth Neuendorf (651) 582 -1579 or Wayne Norris (651) 582 -1295 Segment IV & V Design Mn /DOT Information Mn /DOT Metro Division (651) 582 -1000 or Toll Free (800) 657 -3688 Mn /DOT Information Center (651) 296 -3000 Transit Information 4\ NNeso rq Park & Ride o 2 (612) 373 -3333 ° 3 Q 0 Metropolitan Transit (MT) .p Q (612) 341 -4287 OF TRP Van and Carpool Information Minnesota Rideshare (651) 602 -1602 printed p o n ap cycle p April 2000 red a Public Copy • CITY COUNCIL MEETING City of Brooklyn Center April 10, 2000 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 4. Roll Call 5. Council Report • 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 27, 2000 - Study Session 2. March 27, 2000 - Regular Session 3. March 20, 2000 - General Work Session with Commission Chairs 4. April 3, 2000 - General Work Session b. Licenses C. Approval of Application from Willow Lane PTA for Excluded Bingo at Willow Lane Elementary School on April 28, 2000 d. Resolution Authorizing Professional Services for the Design of Improvement Project Nos. 2000 -16 Palmer Lake Ponds and 2000 -17 Palmer Lake Trail • C. Resolution Prohibitin g Parkin g on 63rd Avenue North, Beard Avenue North to Brooklyn Boulevard CITY COUNCIL AGENDA -2- April 10, 2000 f. Resolution Authorizing Execution of a Joint Powers Agreement With the Metropolitan Council for Installation, Replacement, and Maintenance of Bus Stop Signage g. Resolution Awarding Bids for Painting and Carpentry for the New Brooklyn Center Liquor Store 7. Public Hearings a. An Ordinance Relating to the Regulation of Pool Tables; Repealing City Code Sections 23- 201.01 and 23- 201.02 and Amending Section 23 -2102 -This item was first read on March 13, 2000; published in the official newspaper on March 22, 2000; and is offered this evening for a second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. • b. Consideration of Issuance of Currency Exchange License to C N -P Northwest, Ltd. dba Cash -N -Pawn, 1964 57th Avenue North, Brooklyn Center, Minnesota -Requested Council Action: -Open the public hearing. -Take public input. - Motion to continue public hearing to April 24, 2000. 8. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of James Lano for His Service on the Housing Commission -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Annual Earle Brown Days Parade and Entertainment in the Park Activities -Requested Council Action: - Motion to adopt resolution. C. Resolution Supporting State Legislative Action in 2000 to Increase State Highway and Transportation Funding -Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- April 10 2000 • d. Resolution Amending the 2000 Central Garage Budget to Provide for the Accelerated Replacement of the SMART Radar Trailer - Requested Council Action: - Motion to adopt resolution. e. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA and Proclamation Declaring Arbor Day /Arbor Month - Requested Council Action: - Motion to adopt resolution and proclamation. f. Resolution for Potential Trails, Greenways and Parks in the First Tier Communities - Requested Council Action: - Motion to adopt resolution. g. Mayoral Appointment to Northwest Suburbs Cable Communications Commission - Requested Council Action: - Motion to ratify mayoral nomination. • h. Staff Report Re: Earth Day and Proclamation Declaring Earth Day - Requested Council Action: - Motion to accept report and adopt proclamation. i. Status Report for Commercial Zoning Reorganization - Requested Council Action: -None, report only. j. Modification of May 1, 2000, Board of Equalization - Requested Council Action: - Motion to modify May 1, 2000, Board of Equalization from 6:00 p.m. to 7:00 p.m. in Council Chambers, City Hall. k. Resolution Declaring April 9 -15, 2000, as National Public Safety Telecommunications Week - Requested Council Action: - Motion to adopt resolution. 9. Adjournment • City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 27, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in stud session and was called to order b Mayor Y Y Y Myrna Y Y Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Maria Rosenbaum. City Attorney Charlie LeFevere was present at 6:35 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasm en t an asked for clarification on EDA agenda item 4a, Staff Report on 53rd Avenue Development and Linkage Project Summary and Close Out. City Manager Michael McCauley explained the process used when seeking proposals for the project and the outcome of the proposals. Mayor Kragness raised a question about agenda item 7d, Resolution Declaring that the City Does Not Waive the Statutory Limit on Municipal Tort Liability for the Purpose of Renewing Insurance Policies for the 2000 Year. Mr. McCauley responded that the League of Minnesota requires that the City adopt a resolution which would provide that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Councilmember Peppe asked for clarification on agenda item $b, Planning Commission Application No. 2000 -03 Submitted by Pan African Social Club request for a Special Use Permit to operate a social club at 1910 57th Avenue North (Northbrook Shopping Center). Mr. McCauley discussed the application before the Council is a request for a special use permit and not for any other purpose at this time. • 03/27/00 -1- DRAFT The Council further discussed the use of the social club and if the special use permit was adopted when and if the social club would be able to receive a liquor license. Mr. McCauley informed the Council that the liquor license would not be approved until the social club was established for three years. Council discussed the regulations for liquor and if the social club were to get a liquor license how it would be controlled. Mr. McCauley reminded the Council that the request this evening is for approval of a special use permit and that the discussion of the liquor use could be brought up with the applicant at the regular session. Councilmember Hilstrom requested to have the zoning classifications come before the Council at a future meeting to discuss zoning issues further. VACANCY ON ASSOCIATION OF METROPOLITAN MUNICIPALITIES BOARD OF DIRECTORS Mr. McCauley discussed there are vacant board positions on the Association of Metropolitan Municipalities Board of Directors and wanted to know if any of the Council were interested in applying, or if the possibility of him applying was favorable. It was the consensus of the Council that if Mr. McCauley were interested in applying that he should do so. CIVIC CENTER BUILDING OPTIONS PROCESS This item will be discussed at a further study session. MISCELLANEOUS No miscellaneous items were discussed. ADJOURNMENT The Council adjourned the study session and continued to the informal open forum at 6:51 p.m. City Clerk Mayor 03/27/00 -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 MARCH 27, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council in informal en forum at 6:51 y t met o op .m. p ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to adjourn informal open forum at 6:57 p.m. Motion passed unanimously. 2. FLAG CEREMONY Boy Scout Troop 454 performed the flag ceremony. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. 03/27/00 -1- DRAFT • i 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the Housing Commission meeting on March 21, 2000, and informed the Council of the discussions that took place at that meeting. Councilmember Lasman reported that she attended the Year 2000 meeting on March 14, 2000, and shared that there will be a class offered at St. Alphonsus Church on purchasing homes. The classes will be held on Mondays during the month of April. If any persons are interested they should call 933 -9639, extension 281. Councilmember Hilstrom reported that the Council had a meeting with the Commission Chairs on March 20, 2000. Mayor Kragness reported that the City of Brooklyn Center is now an official Millennium City and that there will be a Millennium Prayer Breakfast event on April 8, 2000. 6. PRESENTATION City Manager Michael McCauley requested to defer the presentation since Ted Mondale was not present at this time. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the minutes from the March 13, 2000, study session and regular session. Motion passed unanimously. 03/27/00 -2- DRAFT 0 i t 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL Allied Fireside 2700 Fairview Avenue North, Roseville DelMar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood Faircon Service 1891 West County Road C, Roseville Fore Mechanical 3520 88th Avenue NE, Blaine Gilbert Mechanical Contractors 4451 West 76th Street, Edina Guyer's Builders Express 13405 15th Avenue North, Plymouth Heights Mechanical Company 615 Southview Boulevard, South St. Paul Metropolitan Mechanical 7340 Washington Avenue South, Eden Prairie Nielsen's Equipment and Design 4301 Quebec Avenue North New Hope Pierce Refrigeration 1 2 2 Avenue South Anoka g 9 0 2nd , P. R. S. Mechanical, Inc. P. O. Box 68111, Minneapolis Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Sedgwick Heating and Air 8910 Wentworth Avenue South, Minneapolis South -Town Refrigeration 5610 West 36th Street, Minneapolis St. Marie Sheet Metal Inc 7940 Spring Lake Road, Spring Lake Park • Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis Swenson Heating and Air 6700 West Broadway, Brooklyn Park Total Comfort 12800 Highway 55, Plymouth RENTAL Renewal: Brookdale Towers Miles Fiterman, Ira Sklader Brookwood Estates Lang Nelson Associates Brookwood Manor Lang Nelson Associates Ewing Square Townhomes Ewing Square Associates Victoria Townhomes The Gaughan Companies 2913 64th Avenue North Joesph and Patricia Simmon 3715 69th Avenue North Gary Olson 1513 Humboldt Plc - Won o Place N Kwi Ha g 1549 Humboldt Plave N Kwi -Ha Wong Initial: 6230 Kyle Avenue North Warren McLaughlin 03/27/00 -3- DRAFT • SIGN HANGER Advanced Awning Design 1600 29th Street, Cloquet Arrow Sign Co 13725 Aberdeen Street NE, Ham Lake Lawrence Sign 945 Pierce Butler Route, St. Paul Universal Signs Inc 1033 Thomas Avenue, St. Paul TOBACCO RELATED PRODUCT Tobacco Boulevard, Inc. 6300 Brooklyn Boulevard 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (BINGO/RAFFLE) FROM EARLE BROWN ELEMENTARY PTA FOR AN EVENT TO BE HELD ON APRIL 14, 2000, AT EARLE BROWN ELEMENTARY SCHOOL A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve application for exemption from lawful gambling license for an event to be held on April 14, 2000, at Earle Brown Elementary School. Motion passed unanimously. 7d. RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 2000 YEAR RESOLUTION NO. 2000-57 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 2000 YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-02 SUBMITTED BY JAY SCHEFFLER AND ADOLPH AND DORIS SMIETANA. REQUEST FOR A VARIANCE TO ALLOW A SUBDIVISION OF LAND BY METES AND BOUNDS DESCRIPTION. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 16, 2000, MEETING. 03/27/00 -4- DRAFT I • • Mr. McCauley explained the application for a request of a variance to allow a subdivision of land by metes and bounds description submitted by Jay Scheffler and Adolph and Doris Smietana. The Planning Commission recommended approval at its March 16, 2000, meeting subject to the following conditions: 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application 2000 -02 subject to the above listed conditions. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2000-03 SUBMITTED BY PAN AFRICAN SOCIAL CLUB. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A SOCIAL CLUB AT 1910 57TH AVENUE NORTH • (NORTHBROOK SHOPPING CENTER). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 16, 2000, MEETING. Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 2000- 03 submitted by Pan African Social Club request for a special use permit to operate a social club at 1910 57th Avenue North (Northbrook Shopping Center). The applicant, Mr. H. Kwaku Addy, on behalf of the Pan African Social Club, was seeking a special use permit to operate a social club in a 3,300 square foot tenant space in the most easterly building at the Northbrook Shopping Center. The shopping center is zoned C2 (commerce) and is bounded on the east by Logan Avenue North; on the southeast by Acme Typewriter; on the south by 57th Avenue North and the Bill West Service Station; and on the northwest by Highway 100. This proposed social club is being considered to be a special use under the use category of "club rooms and lodges" (Section 35 -322, Subdivision 3j). Mr. Warren informed the Council that the Planning Commission recommended approval of this application at its March 16, 2000, meeting subject to the following conditions: 03/27/00 -5- DRAFT • 1. The Pan African Social Club as presented herein meets the use classification of "club • rooms and lodges" under Section 35 -322, Subdivision 3j of the City's Zoning Ordinance. 2. The special use permit is granted for a social club providing educational, counseling, and advisory services as well as social services such as facilities for dining, programs, reunions, wedding receptions, banquets, and the like on a members only basis. The facility is not open the general public. 3. Building plans for tenant remodeling and occupancy of this space are subject to the approval of the Building Official prior to the issuance of permits. 4. The serving of food is subject to health department regulations and licensure. 5. The serving of alcoholic beverages may be done only following the granting of an appropriate license by the City of Brooklyn Center. 6. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. Mr. Addy addressed the Council to inform the Council the purpose of the social club is for educational purposes and explained that the club would be to socially help others with the culture • changes from their country. Mayor Kragness asked if there were to be a liquor license in the future what the use would be for. Mr. Addy informed the Council that the liquor license would be for beer and wine and that the events taking place serving alcohol would be on weekends. Councilmember Hilstrom asked how long Mr. Addy has been involved with this social club. Mr. Addy responded that he had been organizing this for over five years. Mayor Kragness thanked Mr. Addy for appearing before the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve Planning Commission Application No. 2000 -03 subject to the above listed conditions. Motion passed unanimously. 03/27/00 -6- DRAFT 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE YEAR 2000 CELEBRATION ACTIVITIES Mr. McCauley discussed the Brooklyn Center Lions Club had presented the City another generous donation. $3,500 was to be designated for Year 2000 Celebration activities. This resolution would accept the donation and have it coded to the City Initiatives Grant Fund. RESOLUTION NO. 2000-58, Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE YEAR 2000 CELEBRATION ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9b. 2000 CHEMICAL TOILET CONTRACT • Mayor Kragness left the table at 7:25 p.m. due to a potential conflict. Mr. McCauley requested the Council approve entering into an agreement with On Site Sanitation for chemical toilet services. Four RFPs were sent and only Biffs, Inc. and On Site Sanitation submitted proposals which were included in the materials. On Site Sanitation submitted the lowest cost proposal. Councilmember Lasman asked about the services. Mr. McCauley responded that the services are based on a participation usage. A motion by Councilmember Peppe, seconded by Councilmember Lasman for City to enter into an agreement with On Site Sanitation for chemical toilet services. Motion passed unanimously. Mayor Kragness returned to the table at 7:28 p.m. 9e. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT 03/27/00 -7- DRAFT • Mr. McCauley discussed this resolution would authorize the execution of a lease agreement with Hennepin County for election equipment. Henne in County desires to lease new election equipment p tY to the City and the City desires to lease new election equipment from the County for its use in all City elections. RESOLUTION NO. 2000-59 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. PRESENTATION Ted Mondale and Todd Paulson from the Metropolitan Council addressed the Council regarding the Livable Communities Grant and to update the Council on the projects taking place. Mr. Mondale commended Mayor Kragness for applying to serve on the Housing and Land Use Advisory Committee and being appointed before sharing with the Council the grant monies that have been provided for polluted land cleanup. The Met Council has provided 36 million dollars and 7 • million dollars of private money had been collected for 82 sites in the Metropolitan area. Mayor Kragness asked for support for a transit hub in Brooklyn Center and shared the concerns the Council has with the issue. Mr. Mondale responded that the Met Council was seeking ongoing bonding authority. Mr. Paulson shared with the Council that at the last transportation meeting a 1 million dollar approval was approved for a Brookdale transit hub. 9d. RESOLUTION AUTHORIZING TERMINATION OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES Mr. McCauley discussed this resolution would authorize the termination of contract with Bossardt Corporation for construction management services related to the police and fire building projects. Legal counsel had advised that it would be appropriate for the City to terminate its contract with Bossardt Corporation based on a review of the performance of services by Bossardt Corporation. 03/27/00 -8- DRAFT • RESOLUTION NO. 2000-60 Councilmember Hilstrom introduced the following resolution and moved its adoption: I RESOLUTION AUTHORIZING TERMINATION OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET AND AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE PUBLIC EMPLOYEES RETIREMENT FUND Mr. McCauley explained this resolution would adjust the 1999 General Fund Budget to provide for a transfer of $120,000 from the General Fund to the Public Employees Retirement Fund. This fund has been used since 1986 to provide for the payment of the employee single health insurance premium for some retired employees. RESOLUTION NO. 2000 -61 Councilmember Lasman introduced the following resolution and moved its adoption: i RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET AND AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE PUBLIC EMPLOYEES RETIREMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9f. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWN SHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23 -2203, AND 23 -1709 Mr. McCauley discussed the Council recently adopted an ordinance relating to the location of secondhand goods dealers, pawn shops, currency exchanges, tattoo parlors and body piercing establishments, and massage parlors. 03/27/00 -9- DRAFT • This ordinance amendment would amend those sections to clarify the intent of the ordinance to allow pawn shops and secondhand goods dealers to occupy the same premises provided two licenses are • issued, but that other listed businesses may not occupy the same premises or be located within 300 feet of each other in the same parcel. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to approve first reading of ordinance and set second reading and public hearing for April 24, 2000. Motion passed unanimously. 9g. MODIFICATION OF APRIL 17, 2000, COMMISSION RECOGNITION Mr. McCauley discussed the Council met with the Commission Chairs on March 20, 2000, and it was the consensus to have the Commission Recognition start at 6:30 p.m. at Constitution Hall. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to modify the April 17, 2000, Commission Recognition from 6:00 p.m. to 6:30 p.m. at Constitution Hall. Motion passed unanimously. 9h. COMMENTS ON SUBURBAN HENNEPIN REGIONAL PARKS: DRAFT FIRST TIER TRAILS, GREENWAYS AND PARKS PLAN Mr. McCauley discussed that staff and the Parks and Recreation Commission reviewed the • Suburban Hennepin Regional Parks' draft first tier trails, greenways, and parks plan and asked Public Works Director Diane Spector to outline the comments provided by staff and the Parks and Recreation Commission. Ms. Spector outlined the comments received from staff and the Parks and Recreation Commission on the utility corridor versus 53rd Avenue, middle section of trail, Twin Lake Area: France Avenue versus East Twin Lake Boulevard, and south segment of trail. It was noted that in the discussion of the utility corridor versus 53rd Avenue, the Park and Recreation Commission prefers the 53rd Avenue option, and in the France Avenue versus East Twin Lake Boulevard discussion, the Park and Recreation Commission prefers the France Avenue option. Mr. McCauley asked if the Council was comfortable with staff communicating the comments reviewed to the Suburban Hennepin Regional Parks Districts. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to have staff forward these comments to the Suburban Hennepin Regional Parks District. Motion passed unanimously. 03/27/00 -10- DRAFT • • 9i. MOCK CITY COUNCIL MEETINGS AT BROOKLYN CENTER HIGH SCHOOL Mr. McCauley discussed the Brooklyn Center High School would like to hold Council meeting simulations at the High School on April 17 and April 18, 2000, and wanted to know if any of the Councilmembers would like to participate. It was the consensus that Councilmember Lasman and Councilmember Peppe would participate on April 17, 2000, and Mayor Kragness and Councilmember Hilstrom would participate on April 18, 2000. Mr. McCauley will provide materials to Council on the simulations. 9j. STATUS REPORT ON 2000 CITY COUNCIL GOALS Mr. McCauley reported on the 2000 City Council goals as requested previously by the Council and reviewed the report contained in the Council packet. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. • 9k. RESOLUTION AWARDING BIDS FOR COOLER AND FLOORING MATERIALS FOR THE NEW BROOKLYN CENTER LIQUOR STORE Mr. McCauley discussed this resolution would award bids for the cooler and flooring materials for the new Brooklyn Center liquor store. RESOLUTION NO. 2000-62, Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AWARDING BIDS FOR COOLER AND FLOORING MATERIALS FOR THE NEW BROOKLYN CENTER LIQUOR STORE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/27/00 -11- DRAFT • 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to adjourn the meeting at 8:05 p.m. Motion passed unanimously. I City Clerk Mayor • 03/27/00 -12- DRAFT • i • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION MEETING WITH COMMISSION CHAIRS MARCH 20, 2000 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Commission Chairs at Brooklyn Center City Hall in the Council Chambers and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Maria Rosenbaum. Others present were Financial Commission Chair Donn Escher, Park and Recreation Commission . Chair Bud Sorenson, Housing Commission Chair Ernie Erickson, and Planning Commission Chair Tim Willson. DISCUSSION OF APRIL 17, 2000, COMMISSION RECOGNITION Council discussed with Commission Chairs the format that was used for the 1999 Commission Recognition. Housing Commission Chair Ernie Erickson raised a question of whether or not Commissioners who did not fulfill their terms on the Commission should be recognized. Park and Recreation Commission Chair Bud Sorenson suggested that the Commission Chairs should make the decision as to which Commissioners should be invited to attend the event. Council and Commission Chairs discussed further the persons who did not fulfill their terms and it was the consensus of the Council and the Commission Chairs to have the invitations sent to all Commissioners except Christopher Russell who did not serve for any substantial period of time. 03/20/00 -1- DRAFT • Financial Commission Chair Donn Escher discussed that at the last Financial Commission meeting, the date of April 17, 2000, for the event was discussed because of the school being out and persons being out of town due to spring break. Councilmember Lasman informed Mr. Escher that school is out the following week. Mayor Kragness asked the Commission Chairs if they were comfortable with the event starting at 6:30 p.m. on April 17, 2000, and if the menu and format from last year was adequate. It was the consensus of the Commission Chairs that 6:30 p.m. on April 17, 2000, and the menu and format from last year would be adequate for this year's event. Mayor Kragness requested that the Commission Chairs encourage their Commissioners to attend and to be prepared to recognize the Commissioners at the event. Mr. McCauley suggested that a list of the Commissioners be sent to the Commission Chairs to proof the names and spelling for the program. It was the consensus of the Commission Chairs to have a list prepared before the event for their review. MISCELLANEOUS Mr. Erickson discussed the recent review the Housing Commission did on the City's Chapter 12 Ordinance and that the Housing Commission is requesting direction from the Council whether or not to proceed with further review of Chapter 12. Mr. McCauley informed Mr. Erickson that the Council recently discussed their review and that a memo was prepared for the Housing Commission. • It was noted that the Housing Commission had not received the recommendation from the Council to proceed with further review and that the Council was in favor of having the Housing Commission continue their review e ew of Chapter 12. Council discussed several other ordinance issues. Councilmember Nelson asked how residents are informed of the City's ordinances. Mr. McCauley responded that publications are provided in the City Watch from time to time and that when persons come to City Hall information is provided. Councilmember Hilstrom suggested having something mailed with water bills when a new owner requests service. Mr. Escher informed the Council that the two year review of the Council's salary is underway and that the Financial Commission will have a recommendation for the Council before July 1, 2000. Mr. Sorenson discussed the Park and Recreation Commission continues to work on the Civic Center Buildings, ark classifications Palmer Lake ondin and other projects that come from City staff. g p p g, p J Y 03/20/00 -2- DRAFT Planning Commission Chair Tim Wilson informed the Council that the Commission continues to work on one to two items each meeting and that the Comprehensive Plan had been finalized; however, the Commission is looking to review already. Council discussed zoning regulations and ponding issues included in the Comprehensive Plan. Mr. Escher raised a question about the vacated space at City Hall. Mr. McCauley reported that discussions continue to take place on the vacated space at City Hall and the feasibility of the recently discussed Civic Center addition second opinions had been obtained regarding costs and it did not look as though the concept of a new structure would be feasible. ADJOURNMENT Councilmember Hilstrom made a motion to adjourn the meeting at 6:54 p.m., seconded by Councilmember Nelson. Motion passed unanimously. City Clerk Mayor 03/20/00 -3- DRAFT • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL _ OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION APRIL 3, 2000 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 6:10 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, MIS /Technology Coordinator Patty Hartwig, and Recording Secretary Maria Rosenbaum. Councilmember Ed Nelson arrived at 6:23 p.m. DISCUSSION OF JOINT MEETING WITH CHARTER COMMISSION: JUNE 28, 2000, AS POSSIBLE DATE City Manager Michael McCauley asked if June 28, 2000, would be a feasible date for a j oint meeting with the Charter Commission. Council discussed and it was the consensus of the Council for Mr. McCauley to explore another date. Mr. McCauley will explore another date and get back to the Council. DISCUSSION OF CIVIC CENTER BUILDING OPTIONS Mr. McCauley discussed the process staff had been using for continued efforts to study civic center building options and that cost estimates prepared by a person in the development field and a different architect have indicated much higher costs for the concept that was selected for further study. The costs studied exceed available resources and present a wide a gap between remodeling and a new building. It is anticipated that the new building concept will be abandoned and the concept of exploring remodeling will be the recommendation to the Council. 04/03/00 -1- DRAFT • I Councilmember Nelson is now present. _ Councilmember Hilstrom requested that the highest priorities be discussed if the concept of remodeling g would be the direction for the study of civic center building options. Mr. McCauley indicated that the accessability, south Community Center wall repair, wading pool, and HVAC system would be the highest priority items to be dealt with first. Remodeling the Community Center to make it more functional and attractive would be the next priority and remodeling the first floor of City Hall would be the next priority. Mr. McCauley requested direction from the Council on how to proceed in presenting the results of the studies that had been undertaken. It was the consensus of the Council to have staff go forward with seeking a new architect to explore the remodeling concept and that information be provided to the Park and Recreation and Financial Commissions. TRAINING ON E -MAIL AND VOICE MAIL SYSTEMS MIS/Technology Coordinator Patty Hartwig informed the Council that their e -mail will be active on Monday, April 10, 2000, before training the Council on how to use and access the e-mail system. Ms. Hartwig proceeded to train the Council on the process and prompts to be used with the e -mail system. Mayor Kragness requested to have a card prepared for each Council Member on use of the e -mail system. Ms. Hartwig will provide to the Council a card by Monday, April 10, 2000. Mayor Kragness asked when the Council's numbers would be publicized. Mr. McCauley responded that the numbers will be published in the City Watch that will be delivered next week. The Council proceeded to the Council Chambers for training on e-mail where Ms. Hartwig explained the process to be used. FINALIZE ARRANGEMENTS FOR MOCK CITY COUNCIL MEETINGS WITH BROOKLYN CENTER SCHOOLS Council discussed the arrangements for the mock City Council meetings which will be held at City Hall and if Councilmember Nelson would be interested in participating on April 18, 2000, at 9:30 a.m. Councilmember Nelson indicated that he would be interested in participating on April 18, 2000, at 9:30 a.m. 04/03/00 -2- DRAFT I I Councilmember Lasman asked if any news stations had been contacted on this type of event. Mr. McCauley informed the Council that he was not aware of any contacts. COUNCIL MEMBER NELSON: PARK AND RECREATION COMMISSION ITEMS Mr. McCauley informed the Council that this item was on the agenda for the Council to discuss the items that Councilmember Nelson submitted to the Park and Recreation Commission. Mayor Kragness expressed concern about Councilmember Nelson submitting information to the Park and Recreation Commission before discussing items with the Council. Councilmember Nelson informed the Council that he had not submitted requests to the Park and Recreation Commission and that there must have been a misunderstanding. REIMBURSEMENT FOR MATERIALS: COUNCIL MEMBER NELSON. Mr. McCauley discussed that Councilmember Nelson purchased $120 worth of session tapes while at the National League of Cities Conference and that he would like to have direction from the Council as to what should be reimbursed for conference materials. In the past the Council had purchased items, but generally items purchased were $50 or less. Council discussed and it was the consensus of the Council to set a policy that would indicate a $50 . limit for purchasing materials at conferences would be reimbursed and that anything over $50 would need to be paid out of pocket. REPORT ON MEETING WITH SHARING AND CARING HANDS Mayor Kragness reported that she and Mr. McCauley had met with Mary Jo and Dick Copeland to discuss the Copeland's proposal for an orphanage in the City of Brooklyn Center. At the meeting a facility on Earle Brown Drive behind the Earle Brown Heritage Center was discussed by the Copelands. Mayor Kragness and Mr. McCauley attempted to explore the suitability of other sites such as the vacant land adjacent to St. Alphonsus since the property the Copelands are interested in is zoned C 1 -A and would not be allowed unless there were a change in zoning or some other zoning mechanism was approved. Mr. McCauley informed the Council that the Copelands were invited to attend the meeting tonight to discuss their concepts and planning; however, they canceled because they had been advised not to meet with the City Council prior to submitting a formal application. 04/03/00 -3- DRAFT • The Copelands were also invited to attend the Planning Commission meeting on April 17, 2000, and - will not be attending due to the advice provided that they should not attend either meeting before submitting a formal application. Council discussed the issue of having an orphanage in the location requested by the Copelands and the other possible sites that the City is willing to explore. After the discussion it was the consensus of the Council to have Mr. McCauley draft a letter on behalf of the Mayor to indicate the City's willingness to work with the Copelands. ADJOURNMENT Councilmember Lasman made a motion to adjourn the meeting at 8:42 p.m., seconded by Councilmember Peppe. Motion passed unanimously. City Clerk Mayor 04/03/00 -4- DRAFT • City Council Agenda Item No. 6b ** REVISED ** • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy 9jy Clerk DATE: April 5, 2000 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on April 10, 2000: MECHANICAL Advanced Energy Serv, Inc. 3650 Annapolis Lane, Plymouth Air Corp. 4112 83rd Avenue N, Brooklyn Park Albers Mechanical Services 200 West Plato Boulevard, St. Paul Blaine Heating and Air 13562 Central Avenue NE, Anoka Condor Fireplace and Stone Co. 8282 Arthur Street NE, Spring Lake Park Dave's Appliance Htg & Air 1601 37th Avenue NE, Columbia Heights Doody Mechanical, Inc. 520 Front Avenue, St. Paul General Sheet Metal Corp. 2330 Louisiana Avenue N, Minneapolis • Midwest Maintenance & Mech. 710 Pennsylvania Avenue S, Minneapolis NeMech Companies, Inc. 1633 Eustis Street, St. Paul MOTOR VEHICLE DEALERSHIP R.L. Brookdale Motors 6801 Brooklyn Boulevard Brookdale Dodge 6800 Brooklyn Boulevard Brookdale Ford, Inc. 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Boulevard RENTAL Renewal: 1316 68th Lane N Valerie Blount McKissak 5470 72nd Circle Myrna Hlady 5200 France Avenue N Christian Knutson 5736 Logan Avenue N Steve Loechler 6907 W Palmer Lake Dr Thomas Mylan, Lorraine Owings Unity Place Townhomes CHDC Limited Partnership Initial: 5837 Brooklyn Blvd Duane Ferguson SIGN HANGER All -Brite Sign, Inc. 13325 Commerce Bouelvard, Rogers Martin Sign, Inc. 13490 Thrush Street NW, Andover City Council Agenda Item No. 6c i ��ppKIYN ccNt� BROOKLYN CENTER POLICE DEPARTMENT POL,CE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: March 21, 2000 SUBJECT: Application (Excluded Bingo) - Willow Lane PTA On March 21, 2000, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Willow Lane PTA. This application is for an • event to be held on April 28, 2000 at the Willow Lane Elementary School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. This application has been approved and returned to the Willow Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh willow9.mem • Minnesota Lawful Gambling Application to Conduct Excluded Bingo - LG240B • If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information FOR BOARD. USE ONLY, Organization Name Proof 14 l P OLV I-o °, " i ❑ s C Street / O ❑ . N ❑ NA ❑ 2-6 Al aalats City County StatefZip / Other Activity Type of nonprofit organization (check one): ❑ Fraternal ❑ Veteran ❑ Religious MOther nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): ❑ Certificate of Good Standing - Minnesota Secretary of State's Office ❑ Internal Revenue Service o�ffiliate of Parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No-- Yes If yes, list the dates that bingo was conducted Check one: CKThe bingo event will be one of four or fewer bingo events your organization will hold this year. Date(s) of bingo event A pe — ; 1 Z:F'f 2 d 6r O o 4 d Alo � �� 2-666 -OR- The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo event State Fair - Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of the person in charge of the bingo event Daytime Phone - r 6?Yn lV 0 � �r,�J�i � �r� S��n � bil , &2- _ .. ,. Premises Where Excluded Bingo Will Be Conducted Name of Premises lo in Ca ne, 1 le- Mle lei Street Address - 70 z 0 Awr AV ry • City pR =:` County t A— = Township Be sure to complete page 2 Page 1 of 2 3/99 Page 2 of 2 Application to Conduct Excluded Bingo - - LG240B 3/99 Organization Name W 11t) L4 r) e, • Chief Executive Officer's Signature The information provided In this applica * n is complete and accurate to the best of my knowledge. Chief Executive Officer's signature a T- Name (please print)-----i 1A 10 7 -M , o -r, < P, a her vi 14— Date-3—/J OLO- Local Unit of Government Acknowledgment and Approval M . .. . Ile ` -,� - 1 - 4 - 11th PT On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the city's jurisdiction. PrintName o f city e� J'����. il✓yll�l� . Signature of city personnel receiving application Title CI+V "I'-, Date� 3 /_a/ CC) untv.4indtoWnshl .,rnust.sIan1hI1s4 For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat sec. 349.213, subd. 2). Title Date For the countv: On behalf of the county, I hereby approve this application for excluded bingo activity at Print name of county the premises located within the county's jurisdiction. (Signature of county personnel receiving application) Title Mail Application and Attachment(s) Acknowledgmentof Gambling Control Board Send the completed application and a copy of your Your request to conduct excluded bingo has been received proof of nonprofit status at least 30 days prior to the and is acknowledged by the Gambling Control Board. activity date to: Acknowledged by: Gambling Control Board 1711 W. County Rd. B, Suite 300 South Date _/_t_ Roseville, IVIN 55113 Licensing Specialist If your application is denied by the local unit of authorization. When the Board issues your authorization, all of the government, do not send the application to the Gambling information that you have provided to the Board In the process of Control Board. applying for your authorization will become public. If the Board does not issue you an authorization, all the information you have provided This form will be made available In alternative format (i.e. large print, In the process of applying for an authorization remains private, with Braille) upon request. The information requested on this form (and the exception of your name and your organizations name and address or y attachments) will be used by the Gambling Control Board (Board) which will remain public. to determine your qualifications to be involved in lawful gambling Private data about you are available only to the following: Board activities in Minnesota. You have the right to refuse to supply the members, staff of the Board Whose work assignment requires that information requested; however, if you refuse to supply this they have access to the Information; the Minnesota Department of Information, the Board may not be able to determine your qualifications Public Safety; the Minnesota Attorney General; the Minnesota and, as a consequence, may refuse to Issue you an authorization. If Commissioners of Administration, Finance, and Revenue; the • you supply the information requested, the Board will be able to process Minnesota Legislative Auditor, national and international gambling your application. regulatory agencies; anyone pursuant to court order, other Individuals Your name and your organization's name and address Will be public and agencies that are specifically authorized by state or federal law information when received by the Board. All the other Information that to have access to the information; individuals and agencies for which you provide will be private data about you until the Board issues your law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. City Council Agenda Item No. 6d • MEMORANDUM DATE: April 5, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Resolution Authorizing Professional Services for the Design of Improvement Project Nos. 2000 -16, Palmer Lake Ponds and 2000 -17, Palmer Lake Trail The 2000 Storm Drainage Utility and Municipal State Aid budgets include $250,000 and $100,000 respectively for the construction of ponding and trail improvements in the East Palmer Lake area. In addition, the EDA is considering contributing $150,000 to the Palmer Lake projects to construct a regional storm water pond on the west side of the basin to provide treatment for redevelopment areas on Brooklyn Boulevard. In total, the estimated cost for the three projects (see Exhibits 1 &2) is $452,335, which includes a 25 percent contingency. We have received a proposal from WSB & Associates, Inc. to provide design and permitting services for these projects. WSB is the same firm which conducted the Palmer Lake Study, so they are very familiar with the improvements which are proposed. Because of that familiarity, we did not request proposals from other firms. We believe that the nature of the work is complex enough that another firm would have to spend considerable time getting up to speed, and thus could not submit a cost competitive proposal. WSB has completed many similar improvements, including a number of projects in the Wood Lake Nature Area in Richfield. I am satisified that they can successfully complete the proposed work within the fee estimate. The proposal includes the following services covering all three projects: 1) Wetland delineation, mitigation plan, and permit development and submittal 2) Topographic survey 3) Coordinate /review soil borings (the proposal does not include the actual soil borings, which would be completed by a different firm) 4) Preliminary design 5) Meet with permitting agencies and neighborhood residents (an initial meeting with the neighborhood to present the report and discuss the propoed imrpovemetns was held several months ago) 6) Final plans and specifications WSB expects to complete the preliminary design by July 1, and hold meetings with agencies and the neighborhood in July. Final plans and specifications should be complete by about October 1, • for Winter 2000/2001 construction. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PROFESSIONAL SERVICES FOR THE DESIGN OF IMPROVEMENT PROJECT NOS. 2000 -16, PALMER LAKE PONDS AND 2000 -17, PALMER LAKE TRAIL WHEREAS, the 2000 Storm Drainage Utility and Municipal State Aid budgets include $250,000 and $100,000 respectively to construct improvements in the Palmer Lake basin; and WHEREAS, the EDA is considering expending up to $150,000 to fund the construction of a regional storm water detention pond on the west side of the Palmer Lake basin; and WHEREAS, WSB & Associates, Inc., has submitted a proposal to provide professional services including wetland delineation, EAW, survey, and preliminary and final design for said improvements; and . WHEREAS, WSB has estimated the cost of these professional services to be $35,848- 37,066. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to enter into a contract with WSB & Associates to provide professional services for Improvement Project Nos. 2000 -16, Palmer Lake Ponds and 2000 -17, Palmer Lake Trail Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I have also requested that WSB prepare a proposal for a voluntary Environmental Assessment - Worksheet (EAW). While an EAW is not required for this type of project, because permitting agencies always have concerns about disturbing wetlands, it shows good faith on our part that we are being thorough in our consideration of the merits of and alternatives to the projects. WSB's estimated fee for its professional services is $29,884 for the work detailed above, and an additional estimated cost of $5,964 -7,182 for the EAW. The EAW work is expressed as a range because the actual amount of work would depend on the number and type of comments received when the EAW is published. For preliminary and final design, fees in the range of 10- 12 percent of construction cost are typical. The proposed fees, including the cost of permitting and EAW, are about 10 percent of construction cost, well within the ballpark. I recommend that a contract for p rofessional services be awarded to WSB & Associates, Inc., for both the services detailed above and the voluntary EAW, for a total estimated cost of $35,848- 37,066. • • # a tom. .. r Sys � .. , �. ,""�„ '� - 'i`^'" ! `�' - . • • � Adw- 44 01 l >� If J ,.., _ ..e ' • - �'���` •- -. •�- _ _ �+,� . S� . -..any p , are �� �; � + ' :�� ' v � ' i ' ° � � s � � • 4 01 NO I tr AUT "• 3 ,mac ,• - T' �,gy� ,.,.d, f i fl j " ## •'� *t 04 V ¢ Fi ii �•S !'� "§'� •} � f - - �f r. y 2 z c T s rsr'y+ F ! � � y �'"'�,/' t � I i! f •. M yra -A 1� one t ?PEli t ins L w cj Y _ � � � i � ��"'� � *` � � ;` ��tt � E . Q '�; • � . ,fi r: � � - �� '� k L � r �• z, i i ,�� � � � � r�i i' "�aT i fi� � x� � Y. r {j�it T �t�., `s, � a � ••�, c e ., Em to ,w �/.�► 8 � . IVW SP I L e• ,• y .._� aiy . - _ ,� � r "tea- i�� 4 . �'�' .?F? F � _ - � ^ v • a >TC I i. I too • 1 PALMER LAKE SCHOOL JiL -L 4v rX ggg g PA ER LAKE PARK'' "" IM y s< TREATMENT i+ARlt. "ar IL . >. BASIN .�t. >I v ww.wi c�M ..��4<x�� j :> Ohm%~ AL ..7 MOUND — BE CEMETERY Rn �;," � ^' e - .;,, X., - - `o-`` > 4/ //n �' u' 4 "3 "_ki, �=i� -, ;• .Y/ 'ate, -,",. :� N r 700 0 700 Feet 350 ftsbNoodleM Office WSB PnOd Me. 1143.00 Oak March 5.1!55 h�B 8441 Wayzata Bbulavatd Oftapok MN 55428 Figure 7 : B'1M1.480p' Palmer Lake r0•IIAL a "' �` F"X +•+ Water Resources Management Plan ATNE-4T `, NdFRASTRUI' - ENGINEE[i8 -PLANNER$ i1Y LOCATION /� City Council Agenda Item No. 6e MEMORANDUM . DATE: April 10, 2000 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Prohibiting Parking on 63rd Avenue North, Beard Avenue North to Brooklyn Boulevard Summary Explanation On February 28, 2000, the City Council approved a resolution providing for the reconstruction of street and utility improvements for Garden City Central (City Project 2000 -01, 02, and 03), which includes 63rd Avenue North from Beard Avenue North to Brooklyn Boulevard. 63rd Avenue North is designated as a Municipal State Aid collector street under the City's Comprehensive Plan. State Aid funds are therefore available to provide for the reconstruction costs of the street. However, in order to utilize those funds, the street must be constructed in accordance with Minnesota Department of Transportation State Aid Standards, which includes specific design widths. 63rd Avenue has been designed for a width of 48 feet, which in accordance with State Aid Standards, allows for no parking on either side of the roadway from Beard Avenue North to Brooklyn Boulevard (CSAH No. 152). It is therefore proposed to prohibit parking on the north and south side of 63rd Avenue between Beard Avenue North to Brooklyn Boulevard. Council Recommendation A Parking Restriction Resolution is required by Mn/DOT State Aid as a condition for allowing the release of State Aid funds for the project. It is therefore recommended that the City Council approve the attached resolution prohibiting parking on 63rd Avenue North from Beard Avenue North to Brooklyn Boulevard (CSAH No. 152). • adoption: Member introduced the following resolution and moved its RESOLUTION NO. _ RESOLUTION PROHIBITING PARKING ON 63RD AVENUE NORTH, BEARD AVENUE NORTH TO BROOKLYN BOULEVARD WHEREAS, the City Council on February 28, 2000, by Resolution No. 00-36 ordered Improvement Project No. 2000 -01, 02, and 03, Garden City Central Street, Storm Drainage, and Utility Improvements; and WHEREAS, 63rd Avenue North from Beard Avenue North to Brooklyn Boulevard (CSAH No. 152) is included within said project area, and is designated as a Municipal State Aid Street; and WHEREAS, the design plans and specifications provide for a width for 63rd Avenue North of 48 feet; and WHEREAS, Minnesota Department of Transportation State Aid standards allow no parking on either one side of the street for said design width. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn • Center, Minnesota that: 1. Upon final completion of Improvement Project No. 2000 -01, 02, and 03, parking will be prohibited on the north and south side of 63rd Avenue North between Beard Avenue North and Brooklyn Boulevard (CSAH No. 152), and posted accordingly. 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. 6f • MEMORANDUM DATE: April 5, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Execution of a Joint Powers Agreement With the Metropolitan Council for Installation, Replacement, and Maintenance of Bus Stop Signage For several years Metro Transit has been attempting to organize a comprehensive bus stop sign installation, replacement, and maintenance program. The primary goal of this program is to replace all the old "Circle T" signs with the newer style of bus stop signs, and to assure that all stops are appropriately signed. Within the past few years, Metro Transit has secured federal funding to assist with this program. Over the past several months, Metro Transit staff have been meeting with the staffs of participating cities to discuss the details of this proposal. In general, Metro Transit has identified two ways of completing the work in participating communities: either utilize City staff and reimburse cities for the costs of sign installation, or contract for installation where City staff are unwilling or unable to do the installations. Initially, Metro Transit wanted these completed on a very short time line which our staff was unable to meet. Also, Metro Transit was unwilling to indemnify the City as to the locations of the signs, which was a very important provision for us. Staff and the City Attorney have been in negotiation with Metro Transit and Metropolitan Council staff, and have come to an agreement which makes the proposed sign replacement program acceptable. First, Metro Transit has softened its stance on sign installations, and have agreed to be flexible. This would allow our Traffic Control staff to install Metro Transit signs as time is available, as a fill in project. Second, the Metropolitan Council has agreed to indemnify the City as to the location of the signs. The proposed joint powers agreement specifies a certain amount of cost reimbursement for each type of sign installation. These cost categories and reimbursement figures were actually developed in large part from information submitted by Traffic Control Crew Leader Marc Booth. Unhappy with the reimbursement structure proposed in a previous version of the agreement, he submitted an alternate reimbursement structure, which Metro Transit adopted and is using in all its proposed agreements. We believe the unit costs are more than adequate to reimburse our costs. The joint powers agreement has been reviewed by the City Attorney and is recommended for • approval. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE WHEREAS, Metro Transit, a service of the Metropolitan Council, has proposed a project to install, replace, and maintain bus stop signs in its service area, including Brooklyn Center; and WHEREAS, the City Council believes it is in the best interests of City residents to have consistent, appropriate, and adequate bus stop signage; and WHEREAS, the Metropolitan Council has proposed a joint powers agreement under which City staff would perform the required installations, replacement, and maintenance and Metro Transit would reimburse the City for its costs in accordance with a specified schedule; and WHEREAS, City staff and the City Attorney have reviewed the proposed Joint Powers Agreement and the schedule of cost reimbursement, and found them acceptable, and recommend to the City Council that the Joint Powers Agreement be approved. • t3' - g PP NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and directed to enter into a Joint Powers Agreement with the Metropolitan Council for installation, replacement, and maintenance of bus stop signage. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I Council Contract No. 98- 015 -29 JOINT POWERS AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF BROOKLYN CENTER FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE THIS AGREEMENT is made this day of , 20__ between the Metropolitan Council ("the Council'), a Minnesota political subdivision, and the City of Brooklyn Center ( "the City "), a Minnesota municipal corporation. WHEREAS, the Council is authorized by Minnesota Statutes section 473.405 to construct, equip, and operate transit and paratransit systems in the seven - county metropolitan area; and WHEREAS, the Council has begun Capital Improvement Project Number 3291, for providing new bus stop signs at all its bus stops, and route number and destination holders at selected bus stops; and WHEREAS, new and existing bus stop signs and related signs require ongoing maintenance and replacement, and Council route changes may necessitate moving the location of bus stops and bus zones; and WHEREAS, the City possesses the authority, skill, and expertise to install, remove, maintain, and retrofit traffic signs and sign - mounting structures within its jurisdiction; and WHEREAS, the Council and the City desire jointly and cooperatively to provide for installation, replacement, and maintenance of signage, pursuant to Minnesota Statutes section 471.59, to serve the needs of residents and visitors who use transit. NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, the parties agree as follows: I. DEFINITIONS 1.01 Circle -T Signs. "Circle -T Signs" means the old bus stop signs removed by the City, bearing the logo of a white. "T" within a white circle on a red background. 1.02 Holders. "Holders" mean units for displaying route number, destination and other transit service information at bus stops. 1.03 Holder Components. "Holder Components" means the holder units; mounting screws, nuts, washers, and bearing plates; and tamperproof clamps and screws with necessary keying tools. • 1.04 Sign Components. "Sign Components" means the new bus stop signs and nylon washers. -- 1 -- II. LOCATION OF BUS STOPS 2.01 Council Selection. The Council is responsible for selecting locations for bus stops and bus stop signage, and for providing the criteria for placement of bus stop signage. The Council will notify the City of the locations selected by the Council for bus stops and bus stop signage. If the City has concerns regarding a proposed location, the City will notify the Council in writing within ninety (90) days of the City's receipt of Council notice of the proposed location. The Council will consider the City's input in making the final determination whether to implement the proposed location. 2.02 Access for People with Disabilities. The City and the Council will coordinate and consult regarding development of a plan for providing access to new bus stops in accordance with the applicable provisions of the Americans with Disabilities Act of 1990 and the regulations implementing the Act at 49 C.F.R. part 37, Appendix A, section 10.2. III. INSTALLATION OF NEW BUS STOP SIGNS; CAPITAL MPROVEMENT PROJECT 3.01 Location Lists. With this agreement, the Council shall provide to the City a preliminary bus stops list designating locations at which bus stop signage is required and designating the locations at which Holders will be installed. Prior to commencement of the work, the Council will provide to the City a detailed, updated bus stop sign inventory with specific information on the signage required at each bus stop location. A sample inventory is attached to this agreement as Exhibit A. 3.02 Delivery of Bus Stop Signs and Holders. The Council will furnish to the City Sign Components, consisting of bus stop signs and nylon washers for protecting the reflective front face of the • bus stop signs, to be used by the City for installation of the signs. The Council will furnish to the City Holder Components, consisting of complete holder units and mounting screws, nuts, washers, and bearing plates; and tamperproof clamps for pipe installations and tamperproof screws for channel installations, including necessary keying tools. The Council will provide the City with a schedule for delivery of Sign and Holder Components. The Council will deliver Sign and Holder Components in substantial cartons with each sign and Holder protected to minimize the possibility of damage. The City shall notify the Council of signs or Holders found to be defective within a reasonable time after receipt of a delivery. The Council shall replace quantities of defective Sign or Holder Components to the extent permitted by its reserve supply. The City shall not install defective Sign or Holder Components. 3.03 Storage and Handling of Bus Stop Signs and Holders. The City shall inventory the Sign and Holder Components received and maintain the inventory showing Components installed and in storage. The City shall use due care in handling the Components and shall store the Components in a secure and dry location, stacking them on pallets or using other storage means that provide for air circulation between the floor surface and the cartons. The City shall not store the signs or Holders stacked flat. The City is responsible for loss of or damage to the Sign and Holder Components while in the City's storage. The City shall not install damaged Sign or Holder Components. 3.04 Installation. The City shall be responsible for all work related to installing bus stop signs and Holders at locations in the City as designated by the Council in the bus stops list or bus stop sign inventory. This includes removal, recycling or disposing of materials, -and repairs where necessary. The City shall provide all equipment, tools, and supplies necessary for installation, other than the Sign and Holder Components provided by the Council. The City shall be responsible for placement of the • signs at the bus stops in a manner in compliance with the sign placement criteria furnished to the City by the Council. All hardware and other materials furnished and installed by the City shall be corrosion resistant, for exterior use, and of a quality at least equal to those used by the City for similar work. All hardware and other materials furnished and installed by the City shall be new and free from defects upon - -2 -- completion of the work. The City shall use the nylon protective washers furnished by the Council under the City's own metal washers used in mounting the bus stop signs. The City shall install the protective nylon washers directly against the reflective sheeting of the front face of the bus stop signs. The City shall be responsible for recycling existing Circle -T Signs removed under this agreement. 3.05 Holder Installation. In installing Holders, the City shall use either Council - furnished safety, tamper -proof hardware, or tamper -proof hardware selected by and acquired at the City's own expense. The City shall install Holders in a manner so as to maximize pedestrian safety and minimize vulnerability to vandalism. The City shall perform the installation of each Holder by (1) removing the top (or bottom) end cap and glass window, (2) mounting the Holder to the sign- mounting structure approximately 5 feet, 10 inches (70 inches) from grade to the top of the Holder, and (3) replacing the glass window and refastening the top (or bottom) end cap to the Holder body. The City shall mount the Holder as labeled: "INSTALL HOLDER THIS END UP" to help insure that the bottom end cap (with its pre -fitted neoprene setting blocks for receiving the glass window) is at the bottom of the installed Holder. The Council shall be responsible for the installation of its own informational inserts in the Holder. IV. COMPENSATION FOR CAPITAL EUPROVEMENT PROJECT 4.01 Initial Worksheet and Proposal Sheet. The Council has prepared an initial Worksheet and an initial Proposal Sheet for the City's work related to Capital Improvement Project Number 3291. The initial Worksheet and the initial Proposal Sheet are attached to and incorporated in this agreement as Exhibit B and Exhibit C, respectively. The initial Worksheet and the initial Proposal Sheet display initial database quantities, application factors, projected quantities, and proposed compensation for the work to be performed. 4.02 Payment. The Council shall reimburse the City based on unit prices per task multiplied by quantities of tasks performed. 4.03 Compensation. The Council's estimate of reimbursement to the City is shown on the initial Proposal Sheet (Exhibit C). a. Quantities entered on Exhibit C are from March 1995 or a more current update of the Council's Allstops database. b. Unit costs entered on Exhibit C are the Council's estimate of fair and equitable compensation for the work to be performed. 4.04 Invoice Requirements. Progress payments and cumulative total compensation to the City shall be in accordance with an approved Cost Tabulation Sheet in the format in Exhibit D attached to and incorporated in this a Tabulation Sheet shall be completed b the City and rp agreement. The Cost Tabu ah p y ty submitted to the Council for ym a ent as follows: P a. Quantities entered on the Cost Tabulation Sheet shall be invoice quantities of actual work performed. b. uantities entered on the Cost Tabulation Sheet shall not exceed quantities shown on Q q • Exhibit C unless so amended by prior written notification and mutual acceptance by authorized representatives of the Council and the City. -- 3 -- C. Unit costs entered on the Cost Tabulation Sheet shall be identical to the unit costs shown • on Exhibit C unless otherwise approved in writing by an authorized representative of the Council. d. Payment under this agreement is subject to the following requirements: (i) Billings shall be submitted not more frequently than once per month. However, the Council encourages the City to submit one billing upon completion of the work or progress billings at regular semi - annual or quarterly intervals. (ii) Invoices must include the Council contract number. V. ROUTINE REPLACEMENT AND MAINTENANCE OF EXISTING BUS STOP SIGNAGE 5.01 Services. The City shall be responsible for installing, maintaining, relocating, and moving existing bus stop signs and new bus stop signs installed after the date of this agreement at bus stop locations designated by the Council. The Council shall provide the signs. The City shall supply the signposts, hardware, and labor and equipment required for routine replacement and maintenance of bus stop signs. 5.02 Compensation. The Council will reimburse the City for the reasonable costs incurred in connection with routine maintenance and replacement of signs. The City shall submit invoices to the Council not more frequently than once per month for the City's routine bus stop sign replacement and • maintenance activities. Each invoice must contain the Council contract number and be supplemented by an accompanying and separate detailed description of the work involved; the labor and equipment used in the performance of the work; and the parts and materials furnished by the City. VI. TERM AND TERMINATION OF AGREEMENT 6.01 Term. This agreement shall commence on the date of execution of this agreement and shall continue in force and effect until terminated in accordance with paragraph 6.02. 6.02 Termination of Agreement. Once the City has completed its responsibilities for Capital Improvement Project number 3291, or if the Council notifies the City that funds for Capital Improvement Project Number 3291 have been depleted or withdrawn, the portions of this agreement providing for the performance of and payment for work for Capital Improvement Project number 3291 shall terminate. This agreement may also be terminated by either party without cause upon sixty (60) days' written notice to the other party. VII. ACCOUNTING, RECORD, AND AUDIT REQUIREMENTS 7.01 Separate Accounts. The City agrees to establish and maintain separate accounts for the work undertaken pursuant to article III and article V. The City will maintain accurate and complete records and accounts relating to the receipt and expenditure of any and all funds paid by the Council under this agreement. The City must maintain adequate records to document all invoices submitted to is the Council. All accounts and records shall be kept and maintained for a period of at least six (6) years following the termination of this agreement. -- 4 -- 7.02 Audit. As required by Minnesota Statutes section 16C.05, subd. 5, the records, books, • documents, and accounting procedures and practices of the City and of any subcontractor relating to work performed pursuant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The City shall permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor, at any time during regular business hours as necessary to audit this agreement. Within thirty (30) days after completion, the City shall deliver to the Council a copy of any financial or operational audit of the work performed by the City done by the City or at its request or at the direction of any governmental agency or department. The Council shall have the right in its discretion to monitor, examine, and investigate all elements of the work performed pursuant to this agreement. VIII. GENERAL PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the City. 8.02 Compliance with Law. In performing the work provided for in this agreement, the City agrees to comply with all applicable federal, state, and local laws. In particular, the City will be responsible for performing installation of bus stop signs and holders in compliance with the applicable provisions of. a. MINNESOTA MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, current edition and as amended. • b. MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION, current edition and as amended. C. MINNESOTA STATUTES CHAPTER 216D regarding excavation, location of underground facilities, notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in this article include, in part, certain standard terms and conditions required by the Department of Transportation ( "DOT"), whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration ( "FTA ") mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The City shall not perform any act, fail to perform any act, or refuse to comply with any Council requests which would cause the Council to be in violation of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a party to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to furnish or secure, administer, and manage all labor, material, equipment and support for the accomplishment of the work, except as expressly stipulated to be furnished by or as the responsibility of the Council. Under the terms of this agreement, the City has and retains full control and supervision of the services and full control over the employment, direct compensation and discharge of all persons assisting in the • performance of its services under this agreement. The City agrees to be solely responsible for all matters relating to payment of employees, including compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons employed by it in the performance of any --5-- work or services required or provided under this agreement, shall not be considered employees of the • Council and that any and all claims that may arise under the Worker's Compensation Act of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of the City's or any subcontractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 8.04 Contact Persons. Upon entering this agreement, the Council and the City will each notify the other of the name(s) and telephone number(s) of contact persons for their respective duties under this agreement. The Council and the City shall each notify the other as soon as possible of any changes in the contact persons. If there are no changes in contact persons, by January 1 of each year this agreement is in effect, the City and the Council will confirm to the other that the information regarding the identified contact person remains valid. 8.05 - Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, and the results thereof. The City's and the Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 8.06 , No Waiver. Nothing in this agreement shall be interpreted as a waiver or release of either the Council's or the City's authority under Minnesota Statutes section 473.411, subdivision 5, pertaining to Council use of highways and other public roadways and roadway appurtenances. The Council reserves its rights to have Council staff or contractors install temporary or permanent signs where necessitated by route changes or weather detours, or as required to conduct its public transit and • paratransit operations. 8.07 Equal Employment Opportunity; Non - Discrimination. In conjunction with the execution of its obligations, the City agrees that it and any subcontractors shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, and shall take affirmative actions to ensure applicants are employed and employees are treated during employment without regard to race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, in all matters, including employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff, return from layoff or termination; rates of pay or other forms of compensation; and selection for training or apprenticeship. The City agrees that it will comply with Title VI of the Civil Rights Act of 1964 (PL 88 -352) and all requirements imposed by the U.S. Department of Transportation, to the end that in accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any'program or activity funded by this agreement. The City further agrees that it, and any subcontractors under this agreement, shall not discriminate against any qualified disabled person who is an employee or applicant for employment and shall take action to ensure that such qualified individuals are treated without regard to their disability in regard to job application procedures; hiring, advancement or discharge of employees; compensation; job training; and other terms, conditions, and privileges of employment, pursuant to the Americans with Disabilities Act. 6- In addition, the City agrees to abide by the requirements of 49 C.F.R. Part 23, regarding minority • (disadvantaged) business enterprises in DOT programs. Failure to carry out the requirements set forth in 49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the DOT, may result in termination of this agreement by the Council or such remedy as the Council deems appropriate. 8.08 Permits, Bonds, and Approvals. The City is responsible for obtaining all applicable local and state licenses, permits, bonds, and authorizations necessary for performing the work in this agreement. 8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA requirements for third party procurement. The City acknowledges that if the City subcontracts the work provided for in this agreement, the City will conduct any subcontractor solicitation and require performance of subcontracted portions of this agreement in compliance with applicable FTA requirements, including requirements of the Davis -Bacon Act, the Seismic Safety requirements of 42 U.S.C. §7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti- Kickback Act. The City shall seek assistance from the Council in determining the applicability of these Federal requirements for any subcontracted work to be done under this agreement. 8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. If this agreement is in a total amount exceeding $100,000.00, by signing this agreement, the City certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. This certification is a material representation of fact upon which the Council • relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The City shall provide to the Council immediate written notice if at any time the City learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The City further certifies that it will comply with the requirements of 49 C.F.R. section 29.510 and obtain the required certifications before entering into any subcontracts over $100,000 using funds provided through this agreement, and submit copies of the subcontractors' certifications to the Council. 8.11 Certification of Restrictions on Lobbying; Disclosure. If this agreement is in a total amount exceeding $100,000, the City certifies that no federal appropriated funds have been paid or will be paid by or on behalf of the City for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. A certification of this compliance is attached to and made a part of this agreement as Exhibit E. The City further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the projects funded by the funds allocated to the City in this agreement, the City shall complete and submit to the Council, Standard Form -LLL, "Disclosure Form to Report • Lobbying," in accordance with its instructions. The City certifies that it will require the language of this certification be included in the award documents for any subcontracts in excess of $100,000.00 under this agreement, and that all subcontractors shall certify and disclose accordingly to the City. The certifications referred to in this • article and attached and made a part of this agreement are material representations of fact upon which the Council relies when this agreement is made. 8.12 Council Responsibility. The Council assumes all responsibility for selection of sign locations and will indemnify and defend the City from any claims for damages arising directly or indirectly from the selection of locations h s for signs placed under this agreement. Nothing in this agreement to mdemmfy the City shall be interpreted as a waiver of the limitations on liability set forth in Minnesota Statutes, chapter 466. IN WITNESS WBEREOF, the parties have caused this agreement to be executed by their duly - authorized representatives. CITY OF BROOKLYN CENTER By Its Date METROPOLITAN COUNCIL Approved as to form: By James J. Solem, Regional Administrator Lynn M. Belgea Associate General Counsel Date • -- 8 -- 3/24/00 4:38 PM PROPOSAL Page 1 138'MC SIGN YES 1 I ; i I I Brklnctr 191MC SIGN NONE I I ; TOTAL RECORDS = , �• �« -357 = =�: 357 check sum with total records j 1 1.00 accuracy facto I IMC SIGN YES U - post 10 -pipe la glitz:: Pori': .:.:;igti�aE::.:�SQ:_it;iier�`:' ��& FRONT { .. 1 ?:8 ` . #19 - =--g --== w . 1 149 =� % factors = 0.861 0.13: `.': : : : : : : : : :f3a31.� :�biiiblkd : - *'* :.- ...- . ... :: 1.16 BACK BOTH , OTHER 138 TOTAL! PLUS- "BOTH" 1 = RETROFITS 139 9` 51 MC SIGN NONE AVAILABLE STRUCTURES I YES, CITY FRONT NO PRKG 311 188. (x % light power signal other) ?: 0 0 3 TOTAL; N EW SIGNS ON EXISTING STRUCTURES! 34 i 1 i ,NO AVAILABLE STRUCTURES 188 j (x % U's x %concrete) 1 0.86 0.13 (CONCR U -POSTS 21 _— -- - __.._... - - - 1881(x % U's x % non - concrete) 0.86 0.871 (NON- CONCRETE) U- POSTS; 141 188 ; (x % O's x % concrete) 0.13 _ j 0.13 (CONCRETE) O -PIPES i 3 188; (x % O's x % non - concrete) 0.13 0.8 (NON- CONCRETE) O -PIPES 21 1.00 i calculations for "NO AVAILABLE STRUCTURES" NO, CITY FRONT NO PRKG i % factors = BUS STOP SURFACE concrete; ..� ..._. - - - ..�4, 0.13 bituminous` ., I gravel, n,OE ra a +?ii sodded 283: - - unimproved �' u 0, ' other non - concrete; j 3111 0.87 _.._ ; 3571 1.00 I _ I 188 357 TOTAL MC SIGNS j 358 f "calculations' calculations accuracy range of: 0 _ _ ;minus "BOTH ", above ! (1) TOTAL STOPS 357 Interagency Agreement, Capital EXHIBIT B 3/24/00 4:39 PM PROPOSAL Pagel ! Metro � i Transit Contract No. 98- 015.29 1, with the City of Brooklyn Center I NO. DESCRIPTION Es g QTY. ! UNIT I TOTALS i Factor I PRICE 1.0, RETROFIT /INSTALL: NEW SIGN ON EXISTING SIGN MOUNTING STRUCTURE. 1.1 Retrofit existing sign with new sign-. 139 x $201 = 2,780 1.2 Install new sign on existing structure. _ _ _ 34) x $20; = j 670 1.2.1 Lengthen existing pipe or post. 50% of 1.2; 17 x I $20' = 335 1.3 1 Install holder. - - � I � I 0 X , $30 — 1 1.4 Special 1 4: x 1 = 0 i 1.0 Sub -total _ $3,786 2.0 REMOVE: EXISTING STRUCTURE WHERE EXISTING BUS SIGN 8t STOP ARE VACATED /RELO 2.1 Remove and patch, soil /blacktop. 5 0% of 1.11 7' x 1 $20 = ; 139 2.2 Remove and patch, concrete. 150% of 1 A 7 x I $201 _ ; 139 - j 2.0 Sub -total 1 = $278 I � 3.0 j INSTALL: NEW SIGN MOUNTING STRUCTURE AND SIGN. 3.1; U-post (concrete). 21; x, $80 = 1,665 3.2 U -post (non- concrete). 141i x $701 = I 9,849 13.3 Round pipe (concrete). i 3 , x $1001 = 309 3.41 Round pipe (non- concrete). I 21 x $1201 = 1 2,506 3.0 Sub -total I = 1 $14,328 4.0!OTHER. 4.1 I Special 4.1: i I I x l = i 0 4.2 I Special 4.2: i i x -— O 4.0 Sub -total _ ' $0 IGRAND TOTAL j = I $18,392 `` Contingency: 10 %_ NOT TO EXCEED ` = I $20,231. I CHECK HERE TO SEL (unit prices) P AYMENT OPTION CHECK HERE TO SELECT (time material) PAYMENT OPTION j:NQ .....::::::::::::: Estimated % of work by City's own resources. <::`• °To: Estimated % of work by City's sub- cont racts. Ftiitecl:i:l :rir#� 1x:[tj's:reet.wlth >Ci.Q € :: i ::::::::::::: Record of revisions: by on ; by on by on ; by on (City or MCTO): of of of of Date received by MCTO: i Version d'°lo•: l�Y: ! P• a�irxi�rt�= 0�i�idr�:�iic#:Estihiate ' Interagency Agreement, Capital EXHIBIT C 3/24/00 4:38 PM Cost Tabulation Sheet City enter actual quantities. Metro Tra nsit Contract No. 98198- 015 -29 with the City Brooklyn Center 1 I NO.. DESCRIPTION I QTY. UNIT I i TOTALS PRICE I 1 I � 1.0 RETROFITANSTALL: NEW SIGN ON EXISTING SIGN MOUNTING STRUCTURE. - -- ..- - -- 1.1 ' Retrofit existing sign with new sign. �: ::: ?:: ::: < <; x _ :$::: ::::_:.` <:::::: "'::;:: i 1.2 Install new sign on existing structure. x:: -- _� 1.2.1 Lengthen existing pipe or post. x — :::::::: — : 1 1.3 Install holder. �` 1.4 j Special 1.4: - 1 :: :`: x =: :: 11.0 Sub -total =' :.:.:.: ?;:;: ? ::.:.:.:: 2.0; REMOVE: EXISTING STRUCTURE WHERE EXIST_ ING B US SIGN a STOP ARE VACATED /RELOC 1 2.1 Remove and . p atch, soil/blacktop. x p p._ ....._....... 12.2 i Remove and patch, con crete. = 12.0 Sub -total I = $ :: .:.:.:.:::::::.:.:.:.::: >::.:.: 3.0 INSTALL: NEW SIGN MOUNTING STRUCTURE AND SIGN. 3.1 U -post (concrete). ::::::::::::::::: X, _ .:.::::::.:...:.•.•. h ::::::...........I x ; 3.2 U -post (non- concrete). ::: :::: ::::::::::::: :: ::: 3.31 Round pipe (concrete). ::::::::: x - - _.. .. • 1 3.41 Round pipe (non- concrete). _. _. x — E I >:::`• ? ?s >` 3.0 Sub -total — ! 4.0 { OTHER. j 4.1 Specia[ 4.1: x ; = j:S :................ ..... . - -- 4.2' Special 4.2: x ! = E$ : ::::::::::::::::::::::::::::::: —1- 4.0 Sub -total = k:$:`•: :: : ? ............ . GRAND TOTALI= t:$ ::': ::::::::`::::..: i Agreement (un prices) PAYME OPTION NO. t Agreement (time 8t material) PAYMENT OPTION! NO. 2� _ Approx. % of wor do by City's own resources. _ _ !:: : ?: °1v� :y:.: ,: Approx. % of work done by City's sub - contracts. - :::':::::::':: Approx. % of work done by City 's agreement with City of (::::::- :: °Ii► I !Totals I — ..... c� . .......•...•.•.•.•... . . ................... _ ;Record of revi sions: by_ on ; by on i ; by on by on (CIty or M .T.): of of ; of of a Version - -- - — - -- — v_ I Checked by M Faci D e_ pt., by Date: • Date received by Metro Transit: v Qtiaii i ies: €: irgrk petfdrrrieif: ..................... id: #. pro x :' %a of: war -en re... :::::::::::::::::::::::: :::::'.;:;:::# ate::: Page 1 Interagency Agreement, Capital EXHIBIT D • EIS MIT E Lobbying Restriction Certification hereby certify on behalf of (Printed name and title of authorized official) the City of Brooklyn Center that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a 'Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federally funded contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. . c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of ' 19 By: (Signature of Authorized Official) (Title of Authorized Official) Attest: • E -1 City Council Agenda Item No. 6g March 30, 2000 • MEMO TO: Michael . McCauley, City Manager FROM: CFe A. Chambers, Assistant City Manager SUBJECT: Award of Bids, New Liquor Store at Cub Foods A resolution authorizing award of bids for painting and carpentry at the new liquor store at Cub Foods has been prepared for Council consideration at its Monday, April 10 meeting. Bids were opened for the project on March 23, 2000. A previous award of bids for the cooler and floor materials was made at the March 27, 2000 Council meeting. It is unknown why the spread in the carpentry bid is so high. The low bid is in line with the cost estimate of the Architect which was $1,800. The Architect's estimate for cost of painting was $4,000. Award of the bids will allow the work on the interior of the store to proceed. i Member introduced the following resolution and moved its adoption: S RESOLUTION NO. RESOLUTION AWARDING BIDS FOR PAINTING AND CARPENTRY FOR THE NEW BROOKLYN CENTER LIQUOR STORE WHEREAS, the City Council approved a lease agreement for a liquor store at the Cub Foods Development Site by approving Resolution 99 -178 and in approving the lease agreement recognized the City would be responsible for completion of the interior portion of the liquor store site; and WHEREAS, Ringdahl Architects has developed plans and specifications for the completion of the interior portion of the store, including specifications for all equipment and materials necessary; and WHEREAS, bids were received on various portions of the work and were opened on March 23, 2000, following public notice required by law, and bids for interior painting and carpentry were received as follows: Bid Package 6A: Carpentry Complete Parkos Construction Company $ 2,000 J.S. Cates Construction Inc. $17,000 Bid PackaLye 9B: Painting Phil G. Painting $5,200 J.S. Cates Construction Company $9,980 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to proceed to enter contracts for the work to be completed under Bid Package 6A with Parkos Construction Company and for Bid Package 9B with Phil G Painting. 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. 7a Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April S, 2000 SUBJECT: An Ordinance Relating to the Regulation of Pool Tables; Repealing City Code Sections 23- 201.01 and 23- 201.02 and Amending Section 23 -2102 At its March 13, 2000, meeting, the City Council approved first reading of An Ordinance Relating to the Regulation of Pool Tables; Repealing City Code Sections 23- 201.01 and 23- 201.02 and Amending Section 23 -2102 and set April 10, 2000, for second reading and public hearing. Attached are the materials which were included in the March 13, 2000, City Council packet. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/ Equal Opportunities Employer , Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 4 DATE: March 6, 2000 SUBJECT: An Ordinance Relating to the Regulation of Pool Tables; Repealing City Code Sections 23- 201.01 and 23- 201.02 and Amending Section 23 -2102 In July 1999 the City Council amended its fee resolution for amusement device licenses to comply with the new legislation which limited the fees for amusement devices to $15 per location plus $15 per machine. In November 1999, the renewal license applications for pool tables were mailed to those companies that operate pool tables in Brooklyn Center. Sections 23- 201.01 and 23- 201.02 of the City Ordinances regulate pool tables; the license fee for 2000 was $35.00 per pool table. • On December 16, 1999, a Summons was served on the City of Brooklyn Center claiming the City was in violation of Minn. Stat. §449.15 which limits the amusement device license fees to $15 per location plus $15 per machine. On January 4, 2000, City Attorney Charlie LeFevere prepared an Answer to the Summons. Copies of City Attorney correspondence is attached. The attached draft ordinance would remove Sections 23- 201.01 and 23- 201.02 regarding pool tables. Section 23 -2102 would amend the definition of amusement devices to include pool or billiard or bumper pool tables. These amendments to the ordinance would bring pool tables under the same regulations as amusement devices. attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax H A R T E R E D littp: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com March 3, 2000 Ms. Sharon Knutson City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Regulation of Pool Tables Dear Sharon: i Attached is a draft ordinance which would bring pool tables under the same regulations as amusement devices. I am also sending you the same ordinance by email. Please let me know if you have any questions or comments. Very truly yours, Charles L. LeFevere CLLJh Enclosure • CLL- 177083vl BR291 -196 CITY OF BROOKLYN CENTER i Notice is hereby given that a public hearing will be held on the 10th day of April, 2000, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to the regulation of pool tables; repealing City Code Sections 23- 201.01 and 23- 201.02 and amending Section 23 -2102. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the city clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE REGULATION OF POOL TABLES; REPEALING CITY CODE SECTIONS 23- 201.01 AND 23- 201.02 AND AMENDING SECTION 23 -2102 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23- 201.01 is repealed as follows: ,wa oY k--ep and p3rl, billiard or bw"er pool table that is used by the publie or for whieh a eharge is made for the ttse ther i _ -- n th:, limits satE E11th:ra C3uiY,;1l o f r. The armuftl li;,c nsc f y r pav: table shall be as set f6r� by Gity Gotmeil resaltA4@n. Section 2. Brooklyn Center City Code Section 23 201.02 is repealed as follows: 201.01 upott eonvietion thereof shEdl be punished by e Y. net .�c:� hundre44o4ars ( 790) t o cXccc 3 3 b together with the easts o Proaccu4en2: Section 3. Brooklyn Center City Code Section 23 -2102, paragraph C. 1. is amended as follows: 1. A machine or contrivance, including "pinball' machines, electronic or video games, mechanical miniature pool tables, pool or billiard or bumper pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical or electronic devices and games or amusements patterned after baseball, basketball, hockey or similar games and like devices, machines, or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin(s) or token(s) or at a fee fixed and charged by the i establishment in which such devices or machines are located. ORDINANCE NO. i Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication i Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 GrawvLen (612) 337 -9300 telephone (612) 337 -9310 fax c H A R T E R E D http: / /wwwkennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com February 23, 2000 Mr Michael City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Mendota Valley Amusement, Inc. v. City of Brooklyn Center Dear Mike: As you know, the City has been sued by Mendota -Valley Amusement, Inc. This is a civil action which the League of Minnesota Cities Insurance Trust has declined to defend. Therefore, all costs associated with the litigation will be borne by the City. The suit is a challenge to the license fees charged by the City for pool and billiard tables. The fee currently charged under City resolution is $35 per pool table. Minnesota Statutes, Section 449.15 was recently amended to provide that fees charged on "amusement machines" could be no more than "the demonstrated and verifiable actual cost of issuing the license or $15 per location plus $15 per machine." In response to this statutory change, the City recently changed ft fees Ior amus ciiieui nldch 'to 15. Howcvcr, the fe; yr pool tables .. -� 1 eft may have been an oversight or it may have been based on a determination that a pool table was not an amusement machine as referred to in the statute. In any case, Mendota Valley Amusements has taken the position that the statutory change also refers to pool tables, or put another way, that pool tables are amusement machines within the meaning of the statute, and has sued the City to compel the City to change the license fees to $15 per table. The outcome of this case will probably depend on the court's interpretation of the term "amusement devices ". I have not taken the steps to attempt to determine from the records of the • legislature whether there is any information about the legislative intent in enacting that change to CLL- 176631v1 BR291 -196 Mr. Michael McCauley February 23, 2000 i Page 2 of 2 the law. Before proceeding further in the defense of this case, the City should consider whether it is financially responsible to do so. According to Sharon Knutson, there are currently a total of five pool tables licensed in the City of Brooklyn Center, three at the Brooklyn Center Community Center and two at Chi- Chi's. If the City recovers $35 for each of the five pool tables, its annual revenues will be $175. If the fee is reduced to $15 per table for five tables, the City will recover $75 in annual license fees. Therefore, the difference between the license fees under the current fee resolution and the license fees requested by plaintiff amount to $100 per year. Even if the City is successful in the defense of this case, it will take many years before the higher revenues from pool table licenses will be sufficient to pay the City's legal costs in the lawsuit. Therefore, I would recommend that the City Council consider whether it is willing to change the license fee for pool tables to $15. I have asked the plaintiff's attorney whether the plaintiff would be willing to dismiss the lawsuit if the City were willing to reduce its license fees, and have been advised that the plaintiff is willing to do so. Copies of this correspondence is attached. If the City is willing to reduce the license fees, the lawsuit would be dismissed without any costs or disbursements or plaintiff's attorneys fees. • Please let me know if you have any questions about this matter. Very truly yours, Charles L. LeFevere CLL:lh Enclosures CLL- 176631v1 BR291 -196 FEB 16 '00 01: 46HM LHW Uh h lk;L February 16.2000 y&FACSIMIL & UNITED STA TES MAIL (.612)337 79310 Charles L. LeFevere, Esq. Kennedy & Graven 470 Pillsbury Center 200 South Sixth Street Minneapolis, Minnesota 55402 RE: Mendota Valley Amusement, Inc. v. City of Brooklyn Center Dear Mr. LeFevere: Thank you for your letter of February 14, 2000. I have shared your letter with my clients and they are in agreement with the proposal as outlined in that correspondence. Please except this • as our confirmation as to the agreement. Once the matte is confirmed by the Brooklyn Center City Council I will prepare the necessary stipulations fo., dismissal. Thank you for your efforts in resolving this matter. Please do not hesitate to contact me should you have any questions or concerns. Very truly ) ours, LEHMANN & LUTTER , P.A. B y %mas R. Lehmann TRL /cmr Inc. Mendota Valley y Amusement, In Thornaa R. Ixhutann • Barbara `:y:Lnder9 Lutter 1380 CORPORATE CENTER CURVE, SUM s14, EAGAN, MN 55121 TEL (651) 4,52.6693 : FAX; (6:31) 452 -8316 i 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax H A T. E = RE o hrtp: / /www.kennedy- graven.com CHARLES L. Dimct Dial ii,:':: email: clef *everc@kenn.,:•. February 14, 2000 Mr. Thomas R. Lehmann Lehmann and Letter 1380 Corporate Center Curve, Suite 214 Eagan MN 55121 RE: Mendota Valley Amusement, Inc. v. City of B: - aoklyn Center Dear Mr. Lehmann: I represent the City of Brooklyn Center as legal counsel. The City is willing to consider reducing the annual license fees for pool tables to $15 per table fo. future licenses. s It is my understanding that if the City is willing to take such action, you will eXecutC Stipulation of Dismissal of the above referenced C23e, with prejudice and without cos:,. disbursements, or attorney's fees to either party. If this understanding is correct, please confirm it to me in writing and I will take this matter lo the City Council. Thank you for your cooperation in this matter. ( Very Truly yours, Charles L. LeFevere CLL:1h cc: Mr. Mike McCauley CLL- 176036v I BR291.196 City Council Agenda Item No. 7b Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cler DATE: April 5, 2000 SUBJECT: Consideration of Issuance of Currency Exchange License to C -N -P Northwest, Ltd. dba Cash -N- Pawn, 1964 57th Avenue North, Brooklyn Center, Minnesota On March 8, 2000, the City received a letter from the Minnesota Department of Commerce requesting City Council consideration of a currency exchange license application submitted by C -N -P Northwest, Ltd. dba Cash -N -Pawn to operate as a currency exchange at 1964 57th Avenue North. Minn. Stat. § 53A.04 (a) requires the governing board of the City to consider the issue and approve or disapprove the issuance of the currency exchange license. The City is required to publish notice of the Council's intention to consider the currency exchange license and solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. Notice was published in the City's official newspaper on March 22, 2000, indicating that the City Council will consider the issue at its April 10, 2000, meeting. A copy of the notice is attached. Sections 23 -2201 through 23 -2205 of the City Ordinances provide criteria for the City Council with regard to review of an application for a currency exchange referred by the Commissioner of Commerce. Section 23 -2203 (I) specifies, "The business premises shall not be located within 300 feet of a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, or massage parlor." At its March 13, 2000, study session, the City Council discussed the currency exchange license application submitted by C -N -P Northwest, Ltd. dba Cash -N -Pawn to operate at 1964 57th Avenue North. Cash -N -Pawn is currently licensed by the City as a pawnshop at 1964 57th Avenue North. The matter as to whether or not Cash -N -Pawn could be licensed as both a pawnshop and a currency exchange at the same location was referred to the City Attorney and his March 13, 2000, letter of response is attached. At its March 27, 2000, meeting, the City Council approved first reading of An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawnshops, Currency Exchanges, Tattoo and Body Piercing Establishments, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23 -2309, 23 -2203, and 23 -1709. The ordinance amendment clarifies the intent of the current City ordinance to allow pawnshops and secondhand goods dealers to occupy the same premises provided two licenses are issued, but that other listed businesses may not occupy the same premises or be located within 300 feet of each other or in the same parcel (i.e., on -sale liquor establishment, halfway house, currency exchange operation, tattoo establishment, body piercing establishment, massage parlor, etc.). This ordinance amendment is scheduled for a second reading and public hearing on April 24, 2000. If adopted, its effective date would be June 2, 2000. Since the proposed ordinance amendment will be presented to the City Council for second reading and public hearing on April 24,1 would recommend that the City Council continue the public hearing to consider the currency exchange license application to April 24 following adoption of the proposed ordinance amendment. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/Equal Opportunities Employer N - MINNESOTA DEPARTMENT OF COMMERCE Financial Examinations Division March 7, 2000 City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Currency a License Y g Application C -N -P Northwest Ltd. dba Cash -N -Pawn Dear City Clerk: Enclosed is a copy of an application submitted by Alan L. Cross to operate a currency exchange business at 1964 57 th Avenue North, Brooklyn Center, Minnesota. The name of the currency exchange company is C -N -P Northwest, Ltd. dba Cash -N -Pawn. Minnesota Statute 53A.04 (a) states: "Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve . the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." Please respond in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not hear from you within 60 days, approval will be presumed and the license will be issued. If you have any questions, please feel free to contact me. VQN truly yours, AnR bin H. Bro Financial Examinations Division (651) 282 -9855 Enclosure . 133 East Seventh Street, St. Paul, MN 55101 -2333 Telephone (651) 296 -2135 • Fax (651) 296 -8591 • TTY/TDD (651) 296 -2860 e -mail: financial @state.mn.us Web Site: www.commerce.state.mn.us An Equal Opportunity Employer -'' STATE OF MINNESOTA OFFICE USE ONLY CA n4LY DEPARTMENT OF COMMERCE Deputy DIVISION bF FINANCIAL EXAMINATIONS Asst. AN I o 0 133 EAST 7TH STREET Chief a I 1 ! ST. PAUL, MINNESOTA 55101 Review (651) 282 -9855 Data Entry Cumency Exchange License Number Processing Date .... ... Surety Bond Number CURRENCY EXCHANGE Insurance Company NAIC Number LICENSE APPLICATION The data, which you furnish on this form, will be used by the Department of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You are not legally required to provide this data; however, if you do not provide your social security number, the Department of Commerce may be unable to grant a license. The Department may use social security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all information contained in this application, except your social security number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE (check ® NEW ❑ RENEWAL ❑ AMENDED LICENSE �. APPLICANT INFORMATION NAME OF CURRENCY EXCHANGE Cash -N -Pawn NAME OF CORPORATION OR PARTNERSHIP (Mali 1 ng address: 1000 Shelard Parkway, Suite 405 C -N -P Northwest, Ltd. St.. Louis Park. MN 55426) BUSINESS ADDRESS (No Post Office Boxes) 1964 57th Ave No. CI'T'Y STATE ZIP CODE. COUNTY Brooklyn Center I MN 55430 Hennepin NAME OF INDIVIDUAL MANAGING THIS LOCATION STATE TAX ID NUMBER Fredrick Davis 2979415 TELEPHONE NUMBER FAX NUMBER ' E -MAIL ADDRESS (612) 525 -0854 ext 116 (612 ) 525 -1073 Check one: ❑ SOLE PROPRIETORSHIP ❑ ASSOCIATION ❑ PARTNERSHIP ❑ LIMITED LIABILITY PARTNERSHIP _ ® CORPORATION ❑ LIMITED LIABILITY COMPANY November 18, 1996 Minneapolis Hennepin MN Date of Incorporation or Or ganization Place of Incorporation County State MN TP P PNrV PYrT -T A V( A PPT 7/44 1 11/5/1999 C. Additional licensed currency exchange locations operated by the applicant (use separate sheet if additional space is needed). 2726 E. Lake Street Street Address (P.O. Boxes are not acceptable) Minneapolis MN 55406 Hennepin City State Zip Code County Application filed by related corporation (Cash -N -Pawn of 201 57th Avenue N.E. Minnesota, Ltd.) Street Address (P.O. Boxes are not acceptable) Fridley MN 55432 HPnnPn_in City State Zip Code County Street Address (P.O. Boxes are not acceptable) City State Zip Code County Street Address (P.O. Boxes are not acceptable) City State Zip Code County D. Please provide the names and complete business addresses of owners, partners, officers, stockholders (owning 10% or more of the corporate stock), and employees with authority'to exercise management or policy control over the company. Full Name Official Percent Residence Social Security Birth Date Title Ownership Address Number Ki mer Jack Hartsoe C.E.O. 9.7% P. Louis PK, MN 5 -3 -50 15545 17th PN Alan Cross C.F.O. 0 lymouth, MN 2 -20 -45 11605 Welters Wal Craig Avery Director 31.1% den Prairie, MN 8 -26 -48 IIU18 Glpn wilai James Ostenson Stockholder 21.9% Bloomington, MN 2 -16 -49 E. ALL applicants must answer the following questions. If any questions are answered "YES," you INIUST attach a detailed written explanation and any legal documentation, if applicable. Have you, any of the owners, partners, officers, managers, directors, or shareholders owning more than 10% of the corporate stock: YES NO O ® 1. Held a currency exchange license in any other state other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previously submitted is accurate. O M 2. Been the subject of any inquiry or investigation by any division of the Minnesota Department of Commerce? O ® 3. Had any occupational license censured, suspended, revoked, cancelled, terminated or been - the subject of any type of administrative action in any state including Minnesota? IR O 4. Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to, any criminal offense (felony, gross misdemeanor or misdemeanor), other than traffic violations, in any State or Federal Court? Jack Hartsoe was convictea - of trespass a misdemeaner in Jan 1975 in Colorado state court I O 5. Been a defendant in any lawsuit involving claims of fraud, misrepresentation, conversion, mismanagement of funds or breach of contract? Schedule attached re civil class action lawsuit brought in late 1.996 & settled in early 1998 O C 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you currently owe the State of Minnesota taxes? O C2 7. Have any unclaimed property (unclaimed funds or property over 3 years old) to report under Minnesota Statutes, Section 345.37? O 3 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied judgment(s)? O 3 9. Been affiliated with any other currency exchange? O ® 10. Will the applicant sell lottery tickets at the licensed location? I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND. ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM ORM ADOPTED BY THE DEPARTiYlENT OF COMMERCE. Signature-of Owner, Partner or Corporate Officer Date Alan L. Cross Print Name of Owner, Partner, or Corporate Officer PLEASE PROVIDE THE FOLLOWING INFORMATION ON ALL NE OR REN EWAL APPLICATIONS: (unless otherwise noted) O All NEW applicants must provide a signed, notarized statement from the applicant stating the proposed location of the currency exchange is not located within 1/2 mile of another currency exchange. O A current fee schedule of all fees charged by your currency exchange office for cashing checks, money orders or travelers' checks. The list MUST include the type of check cashed, the fee charged, and whether or not the fee varies depending on the amount of the check. 0 All owners, partners, officers, stockholders (owning 10% or more of the corporate stock), and employees with authority to exercise management or policy control over the company must request that the Bureau of Criminal Apprehension conduct a background investigation on the form provided. Completed form(s) MUST be submitted with your license or renewal application. O The work experience covering ten (10) years prior to application for each person listed. O A surety bond for $10,000 (on the forms provided) with a power of attorney form. O A check or money order made payable to "Department of Commerce" for: New Applicants: $1,500.00 ($1,000.00 non - refundable application fee and $500.00 licensing fee.) Amendment Fee: $100.00 License Renewal Fee $500.00 O If applicant is a corporation, attach a copy of the Articles of Incorporation filed with the Secretary of State. O If the applicant is a partnership, attach a copy of the Articles /Agreement of Partnership. O The name under which the business will be conducted must be exactly the same as the name on your license. If operating under any name other than the exact corporate or partnership name or, if an individual proprietorship doing business under any name other than your first and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretary of State (651) 296 -2803. To apply, complete (please type or print in ink) and submit this form with the required fee to the * Department of Commerce, Division of Financial Examinations, 133 East 7th Street, St. Paul, MN 55101. Check or money order must be payable to the "Department of Commerce ". WE CANNOT ACCEPT CASH. Incomplete forms will be returned to the business address listed. or further information on the application process, applicants may contact the Division at 651) 282 -9855 or via e -mail, financial @state.mn.us. The application is available on the Commerce website, www.commerce.state.mn.us. C -N -P NORTHWEST, LTD. Currency Exchange License Application 'Applicant hereby states under oath that to the best of its knowledge and belief the proposed location of the currency exchange, 1964 57" Avenue North, Brooklyn Center, MN, is not within one -half (1/2) mile of another currency exchange. C -N -P west, Ltd. B 'e_' Alan L. Cross Its: Chief Financial Officer State of Minnesota County of Hennepin The fore o' g statement was acknowledged before me this 3 day of J Kivu *,2 y , mil, ,�M0 •�^'�. .lACKIE D. HARTSOE by Alan L. Cross, Chief Financial Officer of + i NOTARY PUBUC MINNESOTA MY COMMISSION EXPIRES `�.,...d` JANUARY 31, 2000 C -N -P Northwest, Ltd, a Minnesota corporation, on behalf of the Corporation. 'tness my hand and Official Seal Notary Public('*' • CASH -N -PAWN OF MINNESOTA, LTD. Currency Exchange License Application December 1999 EXPLANATION OF "YES" ANSWER TO OUESTIONS 5. PAGE 3. In November of 1996, a class action suit was brought against the Company alleging that in making pawn loans prior to August, 1996, it had violated Minnesota Statutes relating to usurious rates of interest, rebates of unearned interest, and disposition of customers' collateral. The Company denied these allegations on the basis that pawn loans were not subject to the usury limitation and the related issues even prior to the 1996 statutory clarification. However, to avoid the expense and disruption of protracted litigation, the Company in January 1998 reached a settlement regarding the allegations. Terms of the settlement include a cash payment of $85,000 plus a minimum of $75,000 of scrip certificates that can be redeemed at the Company's stores. If less than $75,000 of scrip is redeemed, the Company must pay the remaining portion in cash. CASH -N PAWN CURRENCY EXCHANGE LICENSE APPLICATION December 1999 • PRIOR 10 YEARS WORK EXPERIENCE OF OFFICERS & 10% STOCKHOLDERS: 1. Jack D. Hartsoe Dates from: 5 -22 -85 to 9 -30 -93 Name of Business: Cash America International, Inc. 900 W. 7" Street Ft. Worth, Texas Position: Regional Manager Dates from: 10 -1 -93 to Present Name of Business: Cash -N -Pawn _ Position: President / C.E.O. 2. Alan L. Cross Dates from: 2 -1971 to 9 -30-91 Name of Business: Arthur Andersen & Co. 45 So. T Street, #2400 Minneapolis, MN 55402 Position: C.P.A. ( Staff/ Manager / Partner) Dates from: 2 -1 -92 to 3 -31 -93 Name of Business: Quantum Communications Group, Inc. 7901 Flying Cloud Dr., #250 Eden Prairie, MN 55344 Position: Exec. V. P. & C.F.O. Dates from: 5 -15 -93 to 5 -31 -95 • Name of Business: NuSports Systems, Inc. Carlson Center 601 Lakeshore Pkwy, #1050 Minneapolis, MN 55305 Position: C.F.O. Dates from: 10 -16 -95 to Present Name of Business: Cash -N -Pawn Position: C.F.O. 3. Craig C. Avery Dates from: 12 -15 -77 to Present Name of Business: Craig C. Avery Company .7808 Creekridge Circle, #310 Bloomington, MN 55439 Position: President / Owner 4. James L. Ostenson Dates from: 1978 to Present Name of Business: James Development Company P P Y 7808 Creekridge Circle, #310 Bloomington, MN 55439 Position: President (Real Estate Development) 5. Frederick Davis Dates from: Pre 1994 Name of Business: Student Dates from: - 7 -1 -94 to Present Name of Business: Cash -N -Pawn • Position: Clerk/Ass't MgrJStore Manager CASH -N -PAWN Proposed Check Cashing Fee Schedule Calendar Year 2000 Government checks up to $500.00, Greater of 2 %a% of face money orders or travelers checks amount or $1.00 (First time customer 5 %) Government checks over $500.00 Greater of 3% of face and payroll checks amount or $1.00 (First time customer 6 1 /6) • f Min 3s.3 , .at e o ne sot 's 5 � SECRETARY OF STATE CERTIFICATE OF INCORPORATION I, Joan Anderson Growe, Secretary of State of Minnesota, do certify that: Articles of Incorporation, duly signed and acknowledged under oath, have been filed on this date in the Office of the Secretary of State, for the incorporation of the following corporation, under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. This corporation is now legally organized under the laws of Minnesota. Corporate Name: C -N -P Northwest, Ltd. Corporate Charter Number: 9K -257 Chapter Formed Under: 302A This certificate has been issued on 11/18/1996. t i° J Secretary of State. ARTICLES OF INCORPORATION OF C -N -P NORTHWEST, LTD. The undersigned, of full age, for the purpose of forming a corporation under and pursuant to the provisions of Chapter 302A, Minnesota Statutes and all amendments thereto, hereby adopts the following Articles of Incorporation: ARTICLE I NAME The name of the corporation shall be C -N -P Northwest, Ltd. ARTICLE II REGISTERED OFFICE The location and post office address of the corporation's registered office in the State / of Minnesota shall be 1000 Shelard Parkway, Suite 405, St. Louis Park, Minnesota 55426. • ARTICLE III CAPITAL STOCK The total authorized number of shares of the corporation shall be One Million (1,000,000), all of which shall be voting common stock, and the par value of each share shall be one cent ($.01). The directors shall have the authority to establish more than one class or series of shares. .ARTICLE IV PURPOSES AND POWERS The corporation shall have general business purposes and shall possess all powers necessary to conduct any business in which it is authorized to engage, including but not limited to, all those powers expressly conferred upon business corporations by Chapter 302A of the Minnesota Statutes, as it may from time to time be amended, together with those powers implied therefrom. ARTICLE V DURATION The corporation shall have perpetual duration. • 36�a • ARTICLE VI PREEMPTIVE RIGHTS: CUMULATIVE VOTING The shareholders of the corporation shall not have the preemptive rights provided by Section 302A.413 of the Minnesota Statutes. The shareholders of the corporation shall not have the right of cumulative voting. ARTICLE VII INCORPORATOR The name and post office address of the incorporator is as follows: Name Address Robert F. Strauss 1400 AT &T Tower 901 Marquette Ave. Minneapolis, MN 55402 ARTICLE VIII LINIITATION OF LIABILITY • A director of the corporation shall not be personally liable to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, except for liability (a) for any breach of the director's duty of loyalty to the corporation or its shareholders, (b) for acts or omissions not in good faith or that involved intentional misconduct or a knowing violation of law, (c) under section 302A.559 of the Minnesota Business Corporation Act or section 80A.23 of the Minnesota Securities Act, or (d) for any transaction from which the director derived an improper personal benefit. If the Minnesota Business Corporation Act is amended after this Article becomes effective to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the corporation shall be eliminated or limited to the fullest extent permitted by the Minnesota Business Corporation Act, as so amended. Any repeal or modification of this Article VIII by the shareholders of the corporation shall not adversely affect any right or protection of a director of the corporation existing at the time of such repeal or modification. ARTICLE IX POWERS OF BOARD OF DIRECTORS AND SHAREHOLDERS Section 9.1 Actions by Board of Directors and Shareholders. Except as specifically set forth herein, the Board of Directors shall take action by the affirmative vote of a majority of all the directors. The Directors may vote in person or by proxy at any duly held meeting. Any action required or permitted to be. taken at a meeting of the Board of Directors may be taken by written • action signed by all of the directors then in office, unless the action is one which need not be -2- 36.1 approved by the shareholders, in which case such action shall be effective if signed by the number - • of directors that would be required to take the same action at a meeting at which all directors were present. Except as specifically set forth herein, shareholders shall take action by the affirmative vote of a majority of the corporation's issued and outstanding voting shares. Any action required or permitted to be taken at a meeting of the shareholders may be taken by written action signed by all of the shareholders. Section 9.2 Merger. Recaoitalization. Dissolution. Consolidation and Sale of Assets. If and when authorized by the affirmative vote of seventy-five (75 %) of the corporation's issued and. outstanding voting shares, including any class required by law, the corporation may recapitalize, merge, dissolve, or consolidate into or with any other foreign or domestic corporation, or sell, lease, exchange or otherwise dispose of all or substantially all of its property and assets, upon such terms and conditions and for such consideration as seventy-five percent (75 %) of all the members of the Board of Directors shall deem advisable. Section 9.3 Issuance and Redemption of Stock. Except as otherwise specifically set forth in these Articles or Amendments hereto, any issuance or redemption of any stock of the corporation or any options, warrants, stock rights, convertible debentures or similar securities shall require the affirmative vote of seventy-five percent (75 %) of the corporation's issued and outstanding voting stock in addition to any other requirements of law. Section 9.4 AdoDtion. Amendments or Reveal of Bvlaws. The power to adopt, amend or repeal the Bylaws of the corporation is reserved to the Board of Directors, except that the Board may • not make or alter any Bylaw fixing the number, qualifications, classifications or terms of office of the directors. Such authority in the Board of Directors is subject to the powers of the voting shareholders to enact, change or repeal such Bylaws by the required vote to take action at any annual meeting or any special meeting called for that purpose. Section 9.5 Amendment of Articles of Incorporation. The shareholders shall take action to amend these Articles of Incorporation by the affirmative vote of seventy-five (75 %) of the corporation's issued and outstanding voting shares. SS WHEREOF I have hereunto set m hand this ry IN da WITNESS Y � Y of November, 1996. Robert F. Strauss, Incorporator STATE Of MINNESOTA DEPARTMENT OF STATE FILED Nov 1 8 1996 • 380094 f� of safe � -3- MN. OSS PUB. INFO. Fax:612- 297 -7067 Dec 16 '98 10:5O P.01 MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME • r. T CRE •,r)tt�P' Minnesota Statutes Chapter 333 2327 ��� Read the directions on reverse side before completing. Filing fee: $25.00 The filing of an assumed name does not provide a user with exclusive rights to that name. The film is required protection in orderto enable consumers m9 for consumer Pro to be able to identi fY the true owner of a business. PLEASETYPE OR PRINT LEGIBLY IN BLACK INK FOR MICROFILMING PURPOSES. 1. State the exact assumed name under which the business is or will be conducted: (one business name per application) CASH -,4 -- PAWAI 2. State the address of the principal place of business. A complete street address or rural route and rural route box number is required; the address cannot be a P.O.Box J 9 13 R 0 0 XL_VAl C 6urER H 4 SSy/3a Street C' State CRY Tap code a t the name and complete street address of all persons conducting business under the above Assumed Name. Wach additional sheet(s) if necessary, it the business owner is a corporation, provide the legal corporate name and registered office address of the corporation. Name (please print) street City State Zp C - N-P /�oRTNc��Si, LTp. /aoo SHstARD ®.e�yl r`' I)JACAPoL45 1-44 S'J �H A 1 certify that 1 am authorized to sign this certificate and I furth certify that 1 understand that by signing this certificate, I am subject to the penahies of perjury as set forth in Minn es section 609.48as #I had signed this certificate under oath. Signature (ONLY one person listed in #3 is required to sign_) a/ Ll /ate AL .4 u L. r 0 GI' ss C . e Print Name and Title sa.s ossy Contact Person Daytime Phone Number 05820807 Rss+. r s r8 '7Cl1 C r r f • IMF DEC 2 ; 1995 8O1`D NUMBER; 68941429 STATZ OF MLNNESOTA. D>EPAAIM Vfi OF CAMWRCE CURRENCY EXCHANGE S U MTY SOND KNOW ALL PERSONS BY THEsB pRESFVTS.- Tfm Cash -N -Pawn Northwest, Ltd. 8 Minnesota Corporation (Name ofc=mcyExchmpe) (Y7cscr3pdou rr foem,pf'butiness ocieaaitatioq including state of incauc aro6m) with busi,xss otaFea at 1964 57th A ve N. ,. Brooklyn Center, MN 55430 (Stscat Addme, My, Sute, Zip) as PRINCIPAL and WESTERN SURETY C QT-W �(Nam of Suety a corporation duly organia;od under the laws of the State of South Dakota which is authorized io arigsgc irs the?businms of insurm=e in the State of hiinmsota, a s SURL are hmby U74 and Zrmly bound to Ibc Tscpartmen: of comn=cc of an State of Minnesota in the sum of TBW TUOUSAND DOZE (S 1 O,t )00). PrIAC ipal nd Surety hereby bind themselves, `fair reprsstmt3dv ®s, successors and msips, jointly and aevarally by 1?s't The parties father maree that I- The purposo of this obiipatiM which is mcpdred by Minnesota Statat^9. Section 53A.08, is to seoure she camptiance byprmcipal with the wma amhuiesota Statutes. Section 53A.4D7 to 53A_13, and any other legal Obligatiow arising out of du;' Pr1tz4&1p41 - $ oeeduet as a maTeney exahanpe. 2. 'Phis bond is for the benefit of the State of Mirmesota and aE parsons suffering dxmgcs by reason of the ftn-;1paPs f Jury tq I;MT)y witb Minnesota StffhAas, Section 53A.02 to 53A.08, or other lavil obligations arising Ow atPtincipars Conduct as a c-srrency exchange. If T-he principal shall vioiate MinnesotA Staines, Sectlon 53A.02 to 53A.09, or other legal o bligallons erWi g out of its conduct as a currency exchange. the Gommi�ianear of Comn==, m welt m anypersim d magod as a result of such violat; m abet] have, in eddiSan to all other legal remedies, a K&t of action on this bond in the name of the ialured party for loss sustained by the injured party 4. Tkis bond shall be effective frmu December 20, 1999 =til December 31, 9000 , (Year) Sip ,nod and Sealed this 22nd dAy e December 1999 By- WESTERN SURETY CCMPANY B M. Bent, Asst. Sec, (Name of Surety) (Si of 7 z ' r o mrty Compu�iry) By, CASH - N -PAWN NORTHWEST, LTD. By . ,r A `� (Name of C`urrec►cy Exchange) (52 - e of Sole pro -- pYtetut; ertner,'or peesident) POk DEPAR7Cili E? M USE ONT LY Approved as to farm WW axeeurian by Dcpwt tent of Cormnarco. Date AWMOC CB BOND 7199 • ' iKS TRUCTION $: 1. Tries $W is to be Completed by a notary public for both the Principal and the Surety. 2. Please attach the Power of Attorney and Camsod Copy or the Corporate Resolution r retypi E PERILA = *: xoTARY PUBLIC - MINNESOTA : ACKNOWLEDGMENT OF INDIVIDUAL` HENNEPIN COUNTY m .,..�..°' by . Expires Jan. 31, 2000 S. OF ! ' 1 �nhC .49 _ . ...... . . . . . . ..�: CCUNTV OF Jle nn yin ACKNOWLEDGMENT OF PRINCIPAL On this day of a ) before a personalty appears! �: m - known too m_* srthe individual whose name i scrib on th pond form, who acknaMe;dged that this bond was imeoutad tar the purposes therein 19 - In - 49 - �J No4, Pawk [Notary Seall ACKNOWLEDGMENT OF PARTNERSNIP STATE OF COUNTY OF ) u' ACKNOWLEDGMENT OF PRINCIPAL On this day of 199_ before me personally appeared known to me to be a partner In the pertrwW%ip whose name is subscribed on this bond f&m, who acknoWedSad to me that this bond was executed on behalf of fie partnership for the purpose$ therein Contained (Notary Seal) Notary Public �1 ACKNOWLEDGMENT OF CORPORATION W A7EOF ) COUNTY OF Ss ACKNOWLEDGMENT OF PRINCIPAL 'a On iJt(s day of i'HLy 499 before me personalty appeared who acknowledged that he or she Is the ration whose name Is subscribes on this bond form, and that as a corporate officer. he Me purposes therein contained. .-- JANIS R. NICOLAY z_ > WtNtY PUBIC - MINNESOTA 1 itCatwhftEq*uJsa31.2005 t /Notary Public ACKNOWLEDGMENT OF 3URETY STATE OF SOUTH DAKOTA j `puMry Minnehaha ) u. ACKNOWLEDGMENT Of SURETY On LNS 22nd deer of December 199 9 before me personally appeared iii. zent. Ass t- Sec. who acknowledged that he or she la the attorney in tact who is authorwAd to as n on behalf or WESTERN SURETY COMPANY (surety company), South DAota corporation, on behalf the corporation. (state or piece or corporation) - M. ANAWSKI, Notary Public G). JuV Commission Expires 10 -8 -05 Lary Public (Notary 3es • Western Surety Compan POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire. New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint M. Bent of Sioux Falls State of South Dakota , its regularly elected Assistant Secretary as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policftjfl l� mnifying employers against loss or damage caused by the misconduct of their employees; official, bail; and surety and fidelity all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waiv t odic cQ or extend any bond or document executed for this Company, and to compromise and settle any and all claims ors pq r against said Company. I t Surety further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety • CRimOiny duly adopted a w in force, to -wit: cor� on �i iolicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the e,af• pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officer s° n th CCR it mtors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint A Of act or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its President with the corporate seal affixed this 22nd day of December 1 1999 ATTEST WESTEM S R E T YY f � O M P Y Y B y .4 — Assistant Secretary Stephen T. Pate, President STATE OF SOUTH DAKOTA s COUNTY OF MINNEHAHA On this 22nd day of December 1999 , before me, a Notary Public, personally appeared Stephen T. Pate__ and A. Vietor_ who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. • $ B. THOMAS s s J S A NOTARY PUBLICS s SOUTH DAKOTA s / 8 My Commission Expires 6 -2 -2003 S Notary Public Form 672 -11 -95 • Western S urety RIDER It is hereby mutually agreed and understood by and between the Principal and WESTERN SURETY COMPANY, that instead of as originally written: The Principal's name has been changed to read: C -N -P Northwest, Ltd. No further changes other than above. • Nothing herein contained shall be held to vary, alter, waive br extend any of the terms, limits or conditions of the bond , except as hereinabove set forth. ,�'� ° # be s effective on the 28th day of January 2000 , at �d o'clock a.m., standard time. ttacled' firming part of bond No. 68941429 is . • b TERN SURETY COMPANY of Sioux Falls, South Dakota, to 9„ad9 � � R t%Yts° �T S C -N- ) Northwest, Ltd. Signed this 28th day of January 2000 • WESTERN SURETY COMP NY By • President Form 128 -9-95 4M ILOP • 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 application for a currency exchange license from C -N -P Northwest, Ltd. dba Cash -N -Pawn, to operate at 1964 57th Avenue North, Brooklyn Center, Minnesota. This consideration will be given at the April 10, 2000, City Council meeting at 7 p.m. or as soon thereafter as the 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 • • CURRENCY EXCHANGES Section 23 -2201. LICENSE REQUIRED; DEFINITION. No person shall engage in the business of currency exchange within the City of Brooklyn Center without a license as provided by Minnesota Statutes, Chapter 53A. The term "Currency Exchange" has the meaning given in Minnesota Statutes, Section 53A.01, Subd. 1. Section 23 -2202. ACTION ON REFERRAL FROM COMMISSIONER. A. Upon referral of an application for a currency exchange license from the Commissioner of Commerce and upon completion of statutory procedures for the consideration thereof, the Council may approve the application, decline to act (in which case concurrence will be presumed by operation of law), or disapprove the application. If the application is disapproved, the Council shall state its reasons therefor. Notice of disapproval may be communicated to the Commissioner of Commerce before the completion of a resolution stating such findings when necessary to avoid a presumption of concurrence. B. Disapproval of an application may be based on one or more of the following grounds, in addition to any other ground allowed by law: 1. Violation of any provision of the state currency exchange law contained in Minnesota Statutes, Chapter 53A. • 2. The applicant is not at least eighteen (18) years of age. 3. The applicant is not the real party in interest in the application. 4. The location of the business for which a new currency exchange license is sought is within one -half mile of an existing currency exchange licensed by the state. 5. The applicant or its proposed business location does not comply with applicable zoning, building, fire, and health codes. 6. The license or permit was procured by misrepresentation of material facts, fraud, deceit, or bad faith. 7. The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. 8. The license or permit was issued in violation of law, without authority, or under a material mistake of fact. • City of Brooklyn Center 23 -79 City Ordinance • 9. (a) The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; (b) The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or (c) The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an inference of lack of fitness or good character may be drawn. 10. The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any considerable number of members of the public. 11. The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse, assaults, or violent actions done to others, including, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes Sections 609.342 through 609.3451; sexual abuse, physical abuse, or maltreatment of a child as defined in Minnesota Statutes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.02, subdivision; 609.321 through 609.3451; or 617.246; neglect or endangerment of a child as defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange, or barter of a controlled substance as defined in Minnesota Statutes Chapter 152; the possession of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant is not a person of good moral character or fitness required to engage in a licensed activity, business, or profession. 12. The applicant or someone acting on his or her behalf or under the applicant's direction or control has violated any of the provisions of Section 23 -2203. C. Persons and Corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or • City of Brooklyn Center 23 -80 City Ordinance • management control over the enterprise. Section 23 -2203. RESTRICTIONS. All Currency Exchanszes shall be operated and maintained in accordance with the requirements of state law and of this section: A. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. B. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. D. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. E. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter • found thereon. F. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. I. The business premises shall not be located within 300 feet of a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, or massage parlor. Section 23 -2204. SEVERABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section 23 -2205. PENALTY. Any person who violates or fails to comply with any provision • City of Brooklyn Center 23 -81 City Ordinance • of this ordinance shall be guilty of a misdemeanor and subject to a find not to exceed $700- or imprisonment for a period not to exceed ninety (90) days or both, together with the costs of prosecution. Such penalty may be imposed in addition to a decision by the Council to disapprove applications for new licenses or license renewals. • • City of Brooklyn Center 23 -82 City Ordinance 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /wwwkennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com March 13, 2000 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway. Brooklyn Center, MN 55430 -2199 RE: Application for Currency Exchange License at Pawnshop Location Dear Mike: The City has received an "application to operate `a currency exchange from a party currently licensed for a pawnshop operation at the° same location. You have asked whether both a currency exchange and pawnshop business can be licensed for the same address. The City Code prohibits issuance of a currency exchange license for a premises which is within 300 feet of a pawnshop. Section 23 -2203. Likewise, a pawnshop license may not be issued to a premises within 300 feet of a currency exchange. Section 23 -610. At first blush it would seem, therefore, that a currency exchange license may not be issued for a premises which currently has a pawnshop license since the two would obviously be within 300 feet of each other. However, if it is the intent of the City that two such establishments may not occupy the same premises, it may be advisable to clarify this point by an ordinance amendment. It seems to me that the ordinance is open to some interpretation for the following reason: Just as the Code prohibits pawnshops and currency exchanges from being licensed within 300 feet of each other, the Code also prohibits the licensing of both pawnshops and second hand goods dealers within 300 feet of each other. In the case of these businesses, the code provides that if a party is conducting both a pawnshop business and a second hand goods business, the applicant must secure two licenses. Sections 23 -602 and 23 -652. This would seem to contemplate that two such businesses may exist in the same location. Iri other words, if the code allows a pawnshop license and second hand goods license to be issued for the same premises; why would a pawnshop and currency exchange business be ineligible for licenses on the same premises. CLL- 177472v1 BR291 -4 Mr. Michael McCauley March 13, 2000 • Page 2 of 2 It seems to me that there are two somewhat different public purposes served by the ordinance provisions that require separation of uses. One of these is to protect one use from the adverse impacts of another use. For example, pawnshops may not be located within 300 feet of churches and schools. Presumably the purpose of this provision is to protect churches and schools from the adverse impacts of a nearby pawnshop business. It could not be reasonably suggested that a pawnshop could operate within a school since that would obviously be within 300 feet of a school. However, some of the uses specified in the ordinance are probably specified not to protect one use from another, but to prevent an unreasonable concentration of similar uses in one location of the City. For example, the required separation between pawnshops and massage parlors was probably, not intended to protect the. massage parlor, but to protect an unreasonable concentration of such businesses. If the purpose of prohibiting the location of pawnshops within 300 feet of currency exchange businesses is not for the protection of either the pawnshop or the currency exchange business, it could be argued that the purpose of the ordinance would be served if they located on the same premises just as it would if second hand goods dealers and pawnshops co- located on the same premises. Therefore, it seems that it would be advisable to request some input from the City Council as to whether the various uses listed in these code provisions should be allowed to locate on the same premises. It may be that the intent of the ordinance is that pawnshops and second hand goods • dealers may occupy the same premises provided two licenses are issued, but that the other listed businesses may not. If this is the case, I would recommend that the City act to deny the application for a currency exchange license on the ground that it is for a place that is ineligible for a license. At the same time, I believe it would be advisable to modify the code provisions which require separation to make it entirely clear which uses may be allowed to exist on the same premises and which may not. Even if the Council concludes that it is reasonable for two such businesses to exist on the same premises, it may be advisable to clarify these ordinance provisions so no questions arise in the future as to which types of business may be co- located and which may not. Please let me know if you have any further questions about this matter. Very truly yours, Charles L. LeFevere CLL:lh CLL- 177472v1 BR291 -4 . CITY OF BROOKLYN CENTER DRAFT - Notice is hereby given that a public hearing will be held on the 24th day of April, 2000, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider an ordinance relating to the location of secondhand goods dealers, pawnshops, currency exchanges, tattoo and body piercing establishments, and massage parlors. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23- 2203, AND 23 -1709 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -610 (pawnbrokers) is amended • as follows: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of. or in the same building as. or on the same le gally subdivided lot piece. or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, secondhand goods dealer, tattoo establishment, body piercing establishment, [or] massage parlor. or another pawnshop: provided however. that a pawnshop and a secondhand goods dealer may occupv a single licensed premises in common if both activities are licensed for that premises; C. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the • property of the licensed premise which improvements have not been completed or; DRAFT - Page 2 I st reading approved by Council 3/27/00 e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of any gambling casino. Section 2. Brooklyn Center City Code Section 23 -661 (secondhand goods dealers) is amended as follows: Section 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. Within 300 feet of. or in the same building as. or on the same legally subdivided lot. piece. or parcel of land as any of the following uses: a school or day care center if the secondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishment, currency exchange operation, massage parlor, [or] body piercing establishment, or another secondhand goods dealer: provided however. that a pawnshop and a • secondhand goods dealer may occupy a sing licensed p remises in common if both activities are licensed for that premises; C. Where operation of a licensed premise would violate zoning ordinances; or d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 3. Brooklyn Center City Code Section 23 -2309 (tattoo and body piercing establishments) is amended as follows: Section 23 -2309. PLACES INELIGIBLE FOR LICENSE a. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state; county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.0- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for • a period exceeding one (1) year after becoming due. DRAFT - Page 3 1st reading approved by Council 3/27/00 _ b. No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. C. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182. d. No license shall be granted if the premises is within 300 feet of. or in the same building as. or on the same legally subdivided lot. niece. or parcel of land as anv of the following uses: a church, school, day care center, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand goods dealer, [or] massage parlor, or another tattoo or body piercing establishment. Section 4. Brooklyn Center City Code Section 23 -2203 (currency exchanges) is amended as follows: • Section 23 -2203. RESTRICTIONS. All Currency Exchanges shall be operated and maintained in accordance with the requirements of state law and of this section: A. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. B. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. D. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. E. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected • regularly for purposes of removing any litter found thereon. DRAFT - Page 4 1st reading approved by Council 3/27/00 i F. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. I. The business premises shall not be located within 300 feet o£ or in the same buildine as. or on the same legally subdivided lot. niece. or parcel of land as anv of the followina uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, [or] massage parlor. or another currencv exchange. Section 5. Brooklyn Center City Code Section 23 -1709 (massage parlors) is amended as follows: Section 23 -1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or interested parties is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been denied licensure, have had a license revoked or suspended in or by any community or political subdivision or the State of Minnesota and whose owners, managers, or any interested parties have not been similarly denied, revoked, or suspended. 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and • truthfully with the City in the review of the application. • DRAFT - Page 5 1st reading approved by Council 3127100 5. If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of or in the same building as. or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation. secondhand goods dealer. pawn shop. tattoo or bodv piercing establishment. another massage parlor. school. day care center. church. hospital. on -sale liouor establishment. halfway house. theater or residence. 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 6. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2000. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl Minnesota Statutes 1999, Chapter 53A. Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota. == 53A.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 g reater. 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 issued or renewed under this chapter if the place of business to be 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 1 of 7 4/5/00 8:22 PM http:// www .revisor.leg.state.mn.us /cgi- bin /getstatchap.pl applicant; 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 j premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information specified in this paragraph must be required of each partner and each officer, director, 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 manager, or a shareholder holding more than ten percent of the outstanding 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 P Y 2 of 7 4/5/00 8:22 PM http: / /www. revisor. leg. state .mn.us /egi- bin/getstatchap.pl decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing 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 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 Laws 1989, chapter 247; (2) the licensee, or any officer or director of a corporate licensee, has violated any provision of Laws 1989, chapter 247, • 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 3 of 7 4/5/00 8:22 PM http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pi 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 surrender, or affect the liability on the bond required by sections 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 Laws 1989, chapter 247, as authorized under chapter 45. HIST: 1989 c 247 s 6 == 53A.07 53A.07 Filing of fees; unreasonable fees. Subdivision 1. Approval of fees. Fees.charged at each location for check cashing services must be filed with and approved by the commissioner. • Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments with the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner shall approve or deny the application 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disapprove the fees filed by a currency exchange if they are not fair and reasonable. In determining whether a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check cashing services in the state of Minnesota; (2) the income, cost, and experience of the operations of currency exchanges existing prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; (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. 4 of 7 4/5/00 8:22 PM http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 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 connection with providing currency exchange services. The commissioner 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 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. • HIST: 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 and shall-at least once in each year 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; 1Sp1997 c 3 s 19 • == 53A.09 53A.09 Powers; limitations; prohibitions. Subdivision 1. Deposits; escrow accounts. A currency 5 of 7 415100 8:22 PM http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 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 Laws 1989, chapter 247, shall be guilty of a misdemeanor. HIST: 1989 c 247 s 10 == 53A.11 53A.11 Books of account; annual report. The licensee shall keep and use in the licensee's business the books, accounts, and records that will enable the commissioner to determine whether the licensee is complying with the provisions of Laws 1989, chapter 247, 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. HIST: 1989 c 247 s 11 == 53A.12 53A.12 Rules. The commissioner may adopt rules under chapter 14 as may be necessary 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 6 of 7 4/5/00 8:22 PM http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl == 53A.14 53A.14 Repealed, 1992 c 504 s 8 == 53A.miscl999 Minn. Stats. repealed, etc. secs in chap 53A 53A.14 Repealed, 1992 c 504 s 8 r 7 of 7 4/5/00 8:22 PM City Council Agenda Item No. 8a Member introduced the following resolution and moved . its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JAMES LANO FOR HIS SERVICE ON THE HOUSING COMMISSION WHEREAS, James Lano has voluntarily served on the Housing Commission from March 9, 1998, through March 16, 2000; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Housing Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of James Lano is hereby recognized and i appreciated by the City of Brooklyn Center and staff is directed to prepare a certificate of appreciation for Mr. Lano. 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. • March 16, 2000 City of Brooklyn Center Housing Commission c/o Tom Bublitz 6301 Shingle Creek Parkway Brooklyn Center, MN 55429 Dear Commissioners: Due to recent changes with my family, employer, and college schedule I will no longer be able to contribute to the tasks of the Housing Commission. Over the two+ years I spent on the Housing Commission there have been some very important issues discussed and debated. I did not always agree with all commissioners regarding what the cities responsibilities are to be. However I do believe the main function of the Housing Commission plays a crucial part to what makes Brooklyn Center a great place to live. As a 28 year resident of Brooklyn Center I sincerely believe that this city has taken some giant strides in the last few years to make our city a better place for all of it's residents. Hopefully with some further community involvement we can make this city an even better place to live. I will continue to be an advocate for the people of my neighborhood and hope to someday be in the position to volunteer on a city commission again. Please accept my thanks for the hard work the Housing Commission has done and continues to do for the residents of Brooklyn Center. Sincerely, James Lano 6424 Indiana Avenue North Brooklyn Center, MN 55429 cc: Brooklyn Center City Council • • City Council Agenda Item No. 8b City o f Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM DATE: March 30, 2000 TO: Michael J. McCauley, Manager Y tY .. FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Annual Earle Brown Days parade and Entertainment in the Park Activities The Brooklyn Center Lions Club has presented to the City donations of five thousand dollars ($5,000) and one thousand, seven hundred and fifty dollars ($1,750) and have designated that they be used to support the annual Earle Brown Days parade and Entertainment in the Park activities respectively. Staff recommends acceptance of these donations and asks that they be coded to their corresponding activity budgets. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer i its adoption: Member 'introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE AND ENTERTAINMENT IN THE PARK ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars ($5,000) and has designated that it be used for the annual Earle Brown Days parade; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand, seven hundred and fifty dollars ($1,750) and has designated that it be used for the annual Entertainment in the Park activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to their corresponding activity budgets. 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. 8c , Office of the City Manager City of Brooklyn Center ty g A great place to start. A great place to stay. Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hi om, L an, Nels n, and Peppe FROM: Michael J. McCauley, City Man DATE: April 4, 2000 SUBJECT: Resolution Supporting State Legislative Action in 2000 to Increase State Highway an d pp g g g Y Transportation Funding Mayor Kragness has requested that the Resolution Supporting State Legislative Action in 2000 to Increase State Highway and Transportation Funding be placed on the April 10, 2000, City Council agenda for • consideration. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: _ RESOLUTION NO. RESOLUTION SUPPORTING STATE LEGISLATIVE ACTION IN 2000 TO INCREASE STATE HIGHWAY AND TRANSPORTATION FUNDING WHEREAS, increasing state funding for growing highway and transportation needs is one of the most critical issues facing Minnesota; and WHEREAS, highways throughout Minnesota are increasingly congested, are unsafe due to deterioration or outdated design, and often hinder economic growth due to poor condition and lack of capacity; and WHEREAS, studies show that more than $8 billion in additional funding over the next ten years is needed to address state and county highway and bridge needs; and WHEREAS, Minnesota's continued economic vitality and high quality of life depend on the state immediately increasing investments in highway safety, maintenance, reconstruction, and expansion. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of • Brooklyn Center that the City of Brooklyn Center commends Governor Jesse Ventura and Republican and Democratic legislative leaders for offering a variety of significant highway and transportation funding proposals for consideration during the 2000 legislative session, thus making transportation a legislative priority for the first time in more than a decade. BE IT FURTHER RESOLVED, that the City of Brooklyn Center strongly urges Governor Ventura and the state Legislature to complete the good work they have begun and dedicate themselves to approving significant highway funding legislation in the 2000 legislative session. 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. 1 N V EST / DONT MISS THE OPPORTUNITY — BUILD A SAFE AND MOBILE MINNESOTA • /� THE COALITION FOR INCREASED HIGHWAY &TRANSPORTATION FUNDING -NOW! March 24, 2000 Mayor Myrna Kragness City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 -2113 Dear Mayor Kragness: Minnesota's long -term highway and transportation needs must be promoted in these final days of the legislative session. The Minnesota Legislature is entering the final weeks of its 2000 session. Transportation funding bills have passed both the Senate and House and are headed to conference committee. Both bills contain significant one -time funding increases for highways, which will allow some long - delayed bottleneck and inter - regional corridor projects to be accelerated. This one -time approach, however, falls far short of meeting Minnesota's long -term transportation funding needs -- estimated at $1 billion annually (see attached). The largest of the two bills would provide only about $300 million per year for only two years. The Legislature's current short -term approach provides little hope to communities planning future highway or transit projects not currently listed in the state transportation improvement program. Governor Ventura's long -term transportation funding proposal was based on an estimated $550 million annually in ongoing state budget surpluses. This "structural" budget surplus makes it possible to constitutionally and permanently dedicate 100 rcent of the revenues from the sales tax on motor vehicles (MVET) to transportation needs. Neither the Senate nor the House Tans provide significant long -term increases in transportation funding from WET revenues. This lack of significant, long- term funding is the primary difference between the transportation funding plans of the governor and the Legislature. The coming weeks are critical as the Legislature decides how to spend the state's structural budget surplus. The major roadblock to the constitutional dedication of WET to transportation is the extent to which the Legislature makes permanent tax cuts. Every dollar committed to tax cuts is a dollar that will not be available for dedicating WET to transportation. Transportation advocates need to actively promote the need for a long -term funding solution for transportation. Funding advocates also need to promote a ballot initiative for the 2000 general election that would constitutionally dedicate all WET revenues to transportation investments. If your city council has not v long-term increase in state funding for highways and transporta ' , please do so ASAP rward your resolution to yo overnor Ventura and Invest2000 (fax # 651 - 659 -900 A sample resolut web pae <www. ion can be found on the Invest2000 g nsportationalliance .com /invest2000.htm> Thank you for your lea e MN Chapter, Associated Builders and Contractors of MN Associated General Contractors of MN Highway Construction Industry Council The Minnesota Transportation Alliance ASSOCIATED BUILDERS AND CONTRACTORS OF MN ■ ASSOCIATED GENERAL CONTRACTORS OF NIN ■ HIGHWAY CONSTRUCTION INDUSTRY COUNCIL ■ NIN TRANSPORTATION ALLIANCE 2515 WABASH AVENUE ■ SUITE LL2 ■ ST. PAUL, MN 55114 ■ TEL: 651.659.0804 ■ FAX: 651.659.9009 ■ EMAIL: invest2000Ctransportationalliance .com Comparing Annual Highway /Transit Needs, 100% MVET Transfer (FY 2002), and Proposed State Highway /Transit Spending (2001 -2003) $1,000 $ 9Q0 $871 $800 $700 -- . $600 + : �, c 5 53 2 $500 p t $400 FY 2001 FY 2002 $300 :. ' $24n FY 2003 $200 :... ;. Y $134 $100 $134 $ $134 $100r R u . $0 F21 Annual Needs' 100% MVET Senate (SF3793) House (HF2891) Senate (SF3793) House (HF2891) Senate (SF3793) House (HF2891) Transfer (FY 2002) Note: See the detail on HF 2891 and SF 3793 (attached) for specific information on the timing of appropriations and when they may be spent. Minnesota Transportation Alliance - 3/23/00 Estimate of Annual and Long -Term Transportation Needs . Svstem Annual Need 10 -Year Need Source, Trunk Highways $667 million/year $6.67 billion (MnDOT, Om (includes bridges) CSAH $101 million/year $1.01 billion (MnDOT, SALT) (includes bridges) MSA $31.3 (estimated) N/A Township Bridges (1) $4.9 million N/A (MnDOT, SALT) Transit (2) $66.4 (estimated) $1.703 billion (Met Council) • $51 million —Metro buses • $10.4 million — Bus -only shoulders • $5 million — Greater Minn Transit Notes: (1) The MnDOT State Aid for Local Transportation Groups reports that the needs for township bridges in 2000 is $89 million, compared to $23 million in available town bridge resources. An estimated $40 million in town bri dge project funds have been requested, leaving roughly $49 million in needs beyond the current biennium.- Our needs estimate conservatively assumes that the annual need is one -tenth of that unmet need. (2) Annualizing the 10 -year need for transit identified in the Metro Council's 2010 plan would raise the transit need to an average of $170 million per_year. This analysis presents a more limited need, since many of the 2010 plan's needs don't occur until 2002 and beyond (LRT and Commuter Rail). Distribution of Estimated Annual Unmet Highway/Transit Needs County State Aid Highways Municipal State Aid Roads 4% - ($31.3M) Transit 8% - ($66AM) Town Bridges Trunk Highways 1 %- ($4.9M) 76 %- ($667M) Senate File 3793 Annual Bond Authority / Appropriations for Highway/Transit Needs Bonding: $100 million/year in trunk highway bonds — FY 2002 and 2003 ($200 million for 2 years) FY 2001 Annronriations: HIGHWAYSBRIDGES $145 million/year transfer from GF to HUTDF • State Trunk Highway road improvements - $74.3 million • County Highways - $47.2 million • Municipal Streets - $12.5 million $12 million/year Wakota Bridge construction funds $44 million for local bridges TRANSIT $30 million for Metro Council Transit • Bus Garages - $20 million • Transitways - $10 million $5 million in Greater Minnesota transit Annual transportation spending in SF 3793 NOT included in this Highway/Transit state • spending summary: • MnDOT Facilities: $27.45 million • TH 100 Noise Wall Construction: $1.104 million • Additional maintenance /program delivery personnel: $3 million • Rail service improvement program: $12 million • Commuter rail extension study: $100,000 • Met Council transit operations (reimbursement): $3.7 million • DM &E railroad project mitigation fund: '$10 million • Duluth port warehouse funding: $4.5 million • Itasca County steel mill infrastructure: $35 million • Snowmobile trails and enforcement: $1 million • DTED tourism and Maxon -Dale business center: $2.75 million • Redirected HUTDF appropriations: $9.7 million • Met Council Transit Bonding: $40 million/year • Port Development Assistance: $4 million House File 2891 Annual Bond Authority / Appropriations for Highway/Transit Needs • Bondine: None FY 2001 -2003 Auprou_ riations: HIGHWAYS/BRIDGES $402 million transfer from GF to HUTDF • $201 million for metro area bottlenecks • $201 million for non -metro interregional corridors $20 million/year for transfer from GF to revolving loan fund TRANSIT • $450,000 in Greater Minnesota transit — FY 2001 Annual transportation spending in BF 2891 NOT included in this Highway/Transit spending summary: • Met Council transit operations (reimbursement): $3.7 million • Transfer from GF to Intergovernmental cooperative facilities loan fund: $1.25 million • • U of M grant for PRT:- $500,000 • Ramp meter study: $400,000 • City Council Agenda Item No. 8d MEMORANDUM DATE: April 5, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Amending the 2000 Central Garage Budget to Provide for the Accelerated Replacement of the SMART Radar Trailer As the attached memo from Police Chief Joel Downer indicates, the Police Department is requesting the accelerated replacement of the SMART radar trailer, which is in the Central Garage replacement schedule for replacement in 2001. The computer and printer which gathers information and prints out reports is malfunctioning; we have attempted several repairs to no avail. The Administrative Traffic Committee recommends that the SMART trailer be replaced as soon as possible, as it has been a very effective speed enforcement tool. The report generation function is especially valuable. When neighborhood residents complain of speeding traffic in • their neighborhoods, the SMART trailer is dispatched, and the complainant receives a copy of the report which shows number of vehicles and speeds recorded every hour. The new models of the SMART units can provide that information in 15 minute increments, and can also provide useful and easily understandable bar graphs. The Police Department has obtained a quote of $14,740 for replacement of this unit. The Central Garage currently has accumulated depreciation of $13,889.19. The Police Department has received an offer from LeSeuer County to purchase the existing unit as is for $5,000. We recommend accepting that offer. Between these two services there is $18 889.19 available to p g � , purchase the unit. The balance would be credited to the asset's future replacement, reducing the amount of annual depreciation charged in the General Fund. A resolution amending the 2000 Central garage budget to provide for the accelerated replacement of the SMART trailer and authorizing the sale of the existing unit to LeSeuer County is provided for Council consideration. • I V P BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM To: City Manager Michael McCauley From: Chief Joel Downer Date: April 3, 2 Subject: SMART Trailer SMART is an acronym for Speed Monitoring Awareness Radar Trailer. It is a self - contained, speed display unit that can be placed on any roadway experiencing speed related problems. The SMART trailer includes a StatPak, a statistics computer that allows the promotion of speed awareness while gathering traffic data that can later be downloaded for analysis. The SMART trailer is a critical component in the City of Brooklyn Center's traffic safety plan . The City of Brooklyn Center purchased the SMART trailer in 1993 for a purchase price of $12,943.47. The SMART trailer has been used to gather data on speed of vehicular traffic on city streets. The 1993 model has been in use for seven years and is now in need of replacement. The computer system and printer which gather data and print it into useful form is malfunctioning and need to be replaced. A SMART trailer was due to be replaced in calendar year 2001. I recommend that a SMART trailer be replaced at the earliest possible Y P P opportunity so that neighborhood traffic law enforcement and awareness be increased. A SMART trailer replacement is available at a cost of $13,840. JD:kh • SMART TM Speed Monitorin . • . T • I didn't realize I was going, that fast. n Where there is a speed limit, there are motorists not paying attention. Daydreaming drivers are a L — --- — *Aesthetic upgrades such as accent and alu- striping, custom letterin nc.R i,.3' Ri'.aL t.• danger in high -risk accident g, .Y 1:.: PE D �W77 `7 minum wheels. : > ;, y A , ,.. - ,N;:,�... s. locations. *StatPak, a statistics computer that Neighborhoods, school zones, con - ,5 _' allows you to promote speed aware - struction sites and dangerous roads : - ness while, gathering traffic data could use a little help in promoting 4 ;: t„ . that can later be downloaded to a compliance with the speed limit. .,.,,`;,, personal computer for analysis. But officers can't be everywhere at • once. That's why we offer SMART; a Public Acceptance gentle reminder to slow down. We know of at least one officer who returned to the SMART trailer and Around- the -Clock Duty sending a '"This means YOU' mes- found a note taped to it reading: = SMART, which stands for Speed sage. "Please bring this to my neighbor- ; Monitoring Awareness Radar Trailer, hood." is just that a portable, self- contained Kustom -Built Versatility SMART brings results. As speed speed display unit that is towed to Designed as a public relations tool, awareness goes up, motorists slow sites experiencing speed - related SMART promotes a positive attitude down, even after SMART moves on to problems. - toward the speed limit. Agencies can another problem spot. After quick and easy set -up —less work with the media to advertise With fewer speed - related accidents, than 10 minutes, SMART is left on SMART's location. Interested motor- officers' time is freed up. Citizens see the roadside to display speeds of on- ists can then drive by for a cost -free you responding to their concerns. coming vehicles. Brake lights are the speedometer check. They feel safer, which is, after all, j usual response. For those who refuse to take a hint, what compliance with the speed limit A specially designed Kustom radar warnings a nd citations can be issued is all about: safety. is mounted inside the locked trailer, up the street from SMART to get the Whether used to promote aware - clocking speeds. Motorists see their point across. ness at the start of a school year, speeds displayed on a highly visible Versatility also applies to the support a temporary speed reduction i LED (light emitting diode) display. trailer design. Because needs vary site for the city's road crews, or to The speed limit sign above the dis- from one agency to another, we offer simply promote good will, put play reminds motorists to pay atten- three models. Each can be purchased SMART on the payroll. Motorists' A with options, includ comments might start to sound more P g as tion and ease u on the p edal. $ P . P On Model I we go a step further *Motion Alarm to deter would-be like this: "Thank you." I and offer Violator Alert: the amber vandals. LEDs flash red when a leadfoot OSign Rack to store your speed limit Voluntary Speed Compliance i signs. That's SMART! exceeds a preprogrammed speed, .', _ S :ham - - .H N 3' x , - - i v MODEL MODEL MODEL Standard I Red LED Violator Alert Solar- assisted recharge 18" LED Y dis la amber display SMART T r ad ar Aluminum panels, steel frame Graff P _ Locking access door v Removable trailer hitch " Towing lights r = Torsion - spring suspension Levelingjacks - Quick- release fasteners is" 4 }r . A/C battery charger 12" LED display (amber) - Options Motion alarm with remote ,K Y= Axle lock • _ = =s.: Sign rack " Aluminum wheels 4 _ Accent striping 4 ' Custom lettering _ C _ - f _ SMART StatPak . - Canvascover . .� rtlf Radarupgrade = r ♦; "° e T SMART M System Spe • • cations SMART Unit Options Construction: Welded square, tubular frame and aluminum Axle Lock: Prevents rolling when trailer is parked on an outer panels. All paneling is finished with a incline. durable, graffiti- resistant powder coat paint. Motion Alarm: Movement- sensitive, sounds a loud, piercing Access Door. Located curbside for officer safety. Locked, siren for several minutes before resetting. Provides well-sealed and weatherproof interior. Activated via wireless remote control with Power Supply: Internal bank of three, heavy -duty maintenance- audible confirmation of alarm status. free batteries provide up to 14 days of autono- Speed Sign Rack: Stores up to six 24" x 30" speed limit signs. mous operation, depending upon traffic. Total Aluminum Wheels: Replaces white powder coat painted wheels. capacity: 345 amp hours. Canvas Cover. Protects during transport. Made- to-fit, water - Chargers: 110 VAC: 10 amp output repellent, vinylized canvas with grommets Solar Panel: 3.0 amp output. and straps that secure beneath the trailer. Regulator.. Internal controllor regulates the amount of Radar Upgrade: SMARTs standard issue radar can be re- current delivered to the batteries to prevent placed with a Falcon handheld stationary, or overcharging and battery damage. KR -10SP two -piece moving /stationary with Display Glass: Safety glass is the type used for windshields. remote control. Both can also be used for Display Size: Two -digit display, l2" or 18" high speed enforcement from a patrol vehicle. Display Type: Amber light emitting diode (LED). Accent Stripe: Single 6" thick accent stripe encircles the Violator Alert: Model I only LEDs flash red when operator - unit. Available in 12 colors. Programmable threshold speed is exceeded. Custom Lettering: Accent stripe can include SHERIFF or A Kustom exclusive feature. POLICE lettering in white, at no additional Trailer Hitch: Removable, stores inside the trailer to prevent charge. When certain requirements are met, unauthorized towing, agency lettering and logo can be added. 4k Suspension: Torsion - spring. Minimizes effects of road shock owing Hitch: Requires Class I hitch with 2" ball owmgLights: Rear brake, turn signals, license plate. Standard connector for vehicle hookup included. StatPak: PC- compatible traffic statistics computer Tow Weight: 1050 lbs. max. provides 15- minute tallies of traffic counts Tongue Weight: 125 lbs. and speeds, and an analysis by percentile Leveling Jacks: Ensures a firm standing on uneven terrain speed categories in 5 -mph or 1 -mph groups; Dimensionsa (Roomy interior provides storage for equipment -) for speed surveys. After the data is collected Panels Down: 6'5"H x 6'W x 81 an operator may display or print graphs, Modell: 10771 (panel up) print a hard copy of the data, or download Models II & III: 8'6 (panel up) the files to another computer. Data: Includes vehicle count and average speed in 15 minute intervals, total vehicle count, RADAR Unit minimum, maximum and average speeds; 50% and 85 percentiles; ten mile pace; and the number of vehicles recorded for each mile Style: One- piece, stationary. per hour recorded. Measurement: Available in mph or km/h. Graphs: Plot in either a bar or line graph the number Type: True Doppler Radar. of vehicles vs. time of day, vehicle speed vs. Operating Frequency: 24.15 GHz (K -Band) ±100 MHz. time of day, and vehicle speed vs. number of Operating Temp. Range: -22 °F to +14Q°F ( -30 °C to +60°C); 90o/0 vehicles. relative humidity at +99 °F ( +3M, Includes: Dedicated computer, proprietary software, non- condensing. and pneumatic tube to lay across the Accuracy: ±1 mph roadway for vehicle count. Target Speed Range: 10 to 99 mph (16 to 159 km /h). Microwave Source: Gunn - Effect Diode. In m g with Kustom Ss po li of refinement " t its pr oducts, Power Output: 15 mW typ., 50 mW max. �' 8� °f �M� Power Density: c5 mW /cm� (measured 5 can from these are subject to change without notice. SMART is a PATCO _ product distnbuted by Kustom Signals. Kustom Signals' warranty includes parts antenna face). and labor, and warrants all components — without exception — against defects in W Beam Width 12'1±1-. materials and workmanship. SMART is warranted for one year, the radar is ide Lobes: 25 dB below main beam. warranted for two years. Seance can be performed by the Kustom Signals manu- eceiver. Low noise Schottky Barrier Diode facturing facility. Lease/Purchase available. SMART is protected by U.S. Patent (100 mW rating). number5,231,393. Formore information, a quote, or to place an order, call toll free: \CCCCCC 1- 800- 4KIISTOM (45 8-7866). KYSTONI SIGNALS, INC 9325 Pflumm • Lenexa, KS 66215 - 3347.913/492 - 1400 • FAX 913/492 - 1703 Reprinted in U.S.A. 11196 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2000 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE ACCELERATED REPLACEMENT OF THE SMART RADAR TRAILER WHEREAS, in 1993 the City first obtained a Speed Monitoring Awareness Trailer (SMART) for use in neighborhood traffic law enforcement, and it has been used very effectively since that time; and . WHEREAS, the computer and printer portion of the SMART unit have malfunctioned, and are not able to be repaired ; and WHEREAS, the Central Garage had scheduled this unit for replacement in 2001, and has accumulated $13,889.19 in replacement funds; and WHEREAS, - the Police Department and the Administrative Traffic Committee recommend that the SMART trailer be replaced immediately so it can continue to be used as an effective traffic law enforcement tool; and WHEREAS, a quote of $14,740 has been obtained from Kustom Signals, Inc. to replace the SMART unit with a new unit, including software package; and WHEREAS, LeSeuer County has offered to purchase the City's existing SMART unit as is for $5,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The 2000 Central Garage budget is hereby amended to provide for the immediate purchase of a replacement SMART trailer from Kustom Signals, Inc. at a cost of $14,740. 2. The City Manager is hereby authorized and directed to sell the replaced SMART unit to LeSeuer County for its offer of $5,000. • • Resolution No. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8e MEMORANDUM • Date: April 3, 2000 To: Diane Spector From: Joyce Gulse . Subject: Resolution Re ognizing the Designation of Brooklyn Center as a Tree City USA; and Proclamation Declaring Arbor Day /Arbor Month TREE CITY USA The National Arbor Day Foundation has designated Brooklyn Center as a Tree City USA for the eighth year. The Tree City USA award, a designation which must be renewed annually, is sponsored in cooperation with the National Association of State Foresters. To become a Tree City USA, a community must meet four standards: a tree board or department, a city tree ordinance, a comprehensive community forestry program with an annual budget of at least $2 per capita, and an Arbor Day observance. The award indicates that the City takes our municipal tree -care responsibilities seriously. An effective community forestry program is an ongoing process of growth and renewal —a program of planting and care that continues through the years. Minnesota ranks third in the nation of Tree City USA Communities with 110 cities achieving the . status this year. Half of the 110 Minnesota cities employ a full -time forester and half of the cities have foresters with degrees (either full -time or part- time). Two - thirds of the cities have a tree board. On average, the 110 cities plant four to five trees for every three trees that are removed. The majority of the cities maintain an annual budget of $6 -$10 per capita for their forestry programs. Brooklyn Center's 1999 forestry expenditures averaged $3.90 per capita. The Minnesota Department of Natural Resources Division of Forestry hosted the Metro Region communities in an awards luncheon on Thursday, March 30. Ole Nelson and Joyce Gulseth represented the City at the presentation ceremony. A resolution recognizing Brooklyn Center's designation as a Tree City USA and reaffirming the City's commitment to its urban forest is provided for Council consideration. Also included is the Brooklyn Center Annual Forestry Work Plan, a key component in the application for recertification for Tree City USA. ARBOR DAY CELEBRATION Attached is a proclamation declaring. April 28 as Arbor Day, and May 2000 as Arbor Month in Brooklyn Center. The City of Brooklyn Center along with the students from Garden City Elementary School will celebrate Arbor Month at Garden City Elementary in mid -May, 2000. Recognizing that trees play a vital role in strengthening our community's basic framework, the City has made a commitment to continue the "outdoor classroom" concept introduced six years ago with a multi -year plan to enhance our parks and increase awareness among youth of Arbor Month and the benefit of trees. In preparation for the event I am providing every classroom instructor with a copy of A Teachers' Guide to Arbor Month, a cross - curricular thematic unit offering ideas for dozens of learning activities to supplement daily lessons in language arts, math, music and art, social studies, science and health, and physical education. Environmental education is integrated throughout other subject areas. Student Council members will assist the City's park personnel in a tree planting ceremony to begin the establishment of a mini - arboretum for students to enjoy and study. A field trip to the Minnesota Landscape Arboretum will provide incentive for students to participate in individual classroom contests. Students selected from each classroom will enjoy a day at the Arboretum with seminars, tours and a box lunch. The Brooklyn Center Lion's Club will be funding the costs involved. A proclamation declaring Arbor Day and Arbor Month in Brooklyn Center is also included for Council consideration, • Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA WHEREAS, the City of Brooklyn Center, is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition of 1999 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn' Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of 'free City USA on behalf of the residents of Brooklyn Center. 2. 'The Council reaffirms its commitment to urban forestry, and directs staff to within the constraints of existing resources, continue a high level of maintenance and reforestation efforts. 3. The Council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. PROCLAMATION DECLARING APRIL 28, 2000, ARBOR DAY AND MAY 2000 ARBOR MONTHINBROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as construction damage and pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, We are in a decade that emphasizes the environment and how people can positively impact world problems like "global warming" by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, Brooklyn Center has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree - planting ways NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 28, 2000, Arbor Day and May 2000 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Date Mayor Attest: • City Clerk FORESTRY Urban Forestry in Brooklyn Center Brooklyn Center Annual Forestry Work Plan 1999 Activities Regular Activities Park and Trail Trees: Park and Street Maintenance staff maintain approximately 560 acres of parks, including an arboretum, an environmental preserve jointly held with the adjacent city of Crystal, and a 200 -acre multiple use wetland/lake /park/nature area. Regularly scheduled maintenance activity includes regular inspection of park trees and shrubs for disease; trimming and pruning as required; watering as required; and planting new trees. Thirty -nine trees were planted in 1999 in the parks and trail ways proper and on city controlled boulevards. Two trees were planted near the Kylawn Park Trail in observance of Arbor Day, and forty -one trees were planted at the new Public Safety facility. Park and Street Maintenance staff maintain more than ten miles of pedestrian/bicycle trails. Regularly scheduled maintenance activity includes regular inspection of trail trees and shrubs for disease; trimming and pruning as required; watering as required; and planting new trees. Boulevard Trees: Park and Street Maintenance staff maintain the boulevards along approximately 112 miles of city and county streets. Regularly scheduled maintenance includes trimming of boulevard trees in areas to be sealcoated. This trimming is primarily to eliminate overhanging branches which might damage or be damaged by tall maintenance equipment, and also to remove dead or hazardous limbs. Trees are not generally pruned for aesthetic reasons. Some boulevard tree trimming is also conducted at the request of property owners. Boulevard trees planted as a part of City street scape projects are routinely maintained: trimmed, pruned, watered, removed, or replaced as needed. Storm damaged boulevard trees are trimmed, pruned, or removed as necessary by Street and Park Maintenance staff. Other storm damaged trees which may pose a hazard to the public (e.g., a tree overhanging a sidewalk with limbs broken by an ice storm) are trimmed, pruned, or removed as necessary. Street and Park Maintenance and Engineering staffs provide assistance to property owners requested to trim or remove trees to clear an obstructed sight triangle. 2 FORESTRY Brooklyn Center, Minnesota Street and Park maintenance staff maintain trees on street scape nodes in the Earle Brown commercial district. Routine activities include minor trimming and watering. Pruning and planting activities are generally provided by a landscape contractor who maintains flower beds on the nodes. Diseased Tree Management: Several members of the Street Maintenance staff are licensed tree inspectors. One staff person is assigned as the Tree Inspector, and provides all inspection activities, both at the request of residents and by routine inspection. The inspector helps residents with miscellaneous problems with their trees and shrubs. The inspector also provides field supervision of the City's diseased tree removal contractor when not inspecting. The City's tree removal contract covers only boulevard trees. Property owners with private trees marked are not given the options of removal by the City's tree contractor. However, the tree inspector continues to inspect the quality of work, and if the owner does not remove the tree, it is removed as a "force" tree, and the owner is billed or assessed for the cost of removal. The tree removal contract is administered by the Engineering office, under the auspices of the City Engineer. In 1999, 180 trees were marked for removal: 63boulevard trees, 5 park trees, and 112 trees on private property. In addition, 25 dead (but not diseased) trees were marked for removal. Other Activities Arbor Day: Attached is a proclamation declaring April 30 as Arbor Day, and May 1999 as Arbor Month in Brooklyn Center. The student body of Orchard Lane Elementary School, along with their families and friends participated in the annual celebration May 26. The ceremony was held in conjunctiion with the school's Art and Academic Fair. In preparation for the event, every classroom instructor was provided a copy of A Teachers' Guide to Arbor Month. Six years ago the City introduced the outdoor classroom concept during the Arbor Day Celebration in Grandview Park with students from Earle Brown Elementary. Each year since 1994 a different school has been selected to participate in establishing an outdoor classroom near their school. This demonstrate the commitment the City has made to enhance our parks and increase awareness among youth of Arbor Month and the benefit of trees through the "outdoor classroom" concept. As a continuation of Arbor Month activities, and through a generous donation from the Brooklyn Center Lion's Club, 30 students participated in a one -day field trip to the Minnesota Landscape Arboretum in Chanhassen. While every contribution to the urban forest is valued, the elementary school s tudents learn environmental lessons that the will take with them through the ears to come. Y g Y 3 FORESTRY Brooklyn Center, Minnesota ra � Diane Spector, Brooklyn Center Director of Public Works, welcomes students, parents and friends to Arbor Day Students reading the Arbor Day Proclamation Celebration. ARBOR DAY _ 1999 s l � Orchard Lane Elementary students learn about proper tree planting techniques from City Forester Ole Nelson before assisting him in planting trees during the celebration, 4 .� As a part of Arbor Month activities a generous donation by Students use hand lenses in the Landscape Arboretum as the Brooklyn Center Lion's Club provided a field trip to the they explore plant diversity during their field trip. Minnesota Landscape Arboretum for these students. 4 FORESTRY Brooklyn Center, Minnesota Residential Reforestation: The City continued its Residential Reforestation program in 1999, with $1,500 in funding from the Park Division's General Fund budget. This program provides $50 "coupons" to residents who have had a diseased tree removed from their property or boulevard, good toward purchase of a replacement tree. Two area nurseries participated in the program. To promote diversity, the coupon was good only on tree species approved for planting on boulevards, a list which deliberately excludes certain "over planted" species. This continues to be a very popular program. Street Improvement Project Reforestation Program: The City's project reforestation program allows property owners to replace trees lost two to one, that is, two new trees for every mature tree lost during a street reconstruction project. We provide property owners with a choice of trees. They may choose to have one larger tree planted rather than two smaller trees. This is the choice of many residents who may not have room on their property for many additional trees. The trees are planted by a landscape contractor under contract with the City and are guaranteed for one year. This past year 93 trees were removed in project sites at a cost of $25,825.00 and 55 trees were replaced at a cost of $8,337.00. Tree Service Registration: In 1999, 41 firms conducting business in the City trimming, treating, removing, planting, or otherwise providing services relating to trees were registered with the City. This registration, which is not a license, is issued upon payment of a fee and proof of adequate public liability and workers compensation insurance. Boulevard Planting Permits: The City requires those property owners desiring to plant a boulevard tree to obtain a permit before planting. There is no charge for this permit. The permit process ensures that trees are located properly, do not endanger underground or overhead utilities, do not create a potential sight distance problem, or provide a future street or sidewalk maintenance problem. As per the ordinance, the City Council annually adopts a resolution designating allowable boulevard tree species. A copy of the permit as attached with this report. Summary: Our urban forest is an essential part of our daily lives, yet it often is taken for granted. We are reporting 1999 expenditures of $112,785.60 for various forestry activities. Our goal is to provide incentives such as the Residential Reforestation program to property owners to replace trees lost; to replace trees lost in the parks and on City- maintained boulevards; and to replace trees that are lost due to construction on improvement projects. • City Council Agenda Item No. 8f Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION FOR POTENTIAL TRAILS, GREENWAYS AND PARKS IN THE FIRST TIER COMMUNITIES WHEREAS, Suburban Hennepin Regional Park District (SHRPD) has studied the potential for trails, greenways, and parks in the First Tier Communities of Suburban Hennepin County; and WHEREAS, the Suburban Hennepin Regional Park District has authorized its consultant, SRF Consulting Group, Inc. (SRF) to draft a plan summarizing the First Tier study information; and WHEREAS, the Suburban Hennepin Regional Park District will work with First Tier Communities to review and comment on said plan; and WHEREAS, the Suburban Hennepin Regional Park District desires that Communities initiate and support the implementation of said plan; and WHEREAS, the Suburban Hennepin Regional Park District will require in a cooperative agreement with each city where a trail, greenway, or park would be implemented; and WHEREAS, the implementation of this First Tier Plan will be an ongoing process. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center supports the efforts of the Suburban Hennepin Regional Park District to implement a First Tier System of trails, greenways, and parks and endorses the plan for said system. 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. 8g Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April 5, 2000 SUBJECT: Mayoral Appointment to Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission (NWSCCC) is a municipal joint - powers commission formed to create a cable television service territory large enough to support a state -of -the -art cable television system. The commission is comprised of and serves the nine suburbs of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, and Robbinsdale. The governing board is made up of two representatives of each city, one of which is a representative of the City Council and the other a resident of the city, both appointed by the City Council. Commission members are appointed for a one -year term by their respective City Council. Meetings are held the third Thursday of the month at 7:30 a.m. at 6900 Winnetka Avenue North in Brooklyn Park. • Notice was published in the Brooklyn Center Sun -Post on February 16, 2000. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from February 8, through March 30, 2000. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the volunteer opportunity and requesting that they call the City Clerk if they are interested in applying for the commission. Notices were also sent to current advisory commission members. Attached for City Council Members only copy pp is a co of the applications received: Martin Frawley 6219 Chowen Avenue North Rex Newman 3107 61 st Avenue North Larry Peterson 5830 June Avenue North A letter was sent to the applicants notifying them that their application for appointment would be considered at the April 10, 2000, City Council meeting. Recommended Council Action: Motion by Council to ratify the Northwest Suburbs Cable Communications Commission nomination by Mayor Kragness with term expiring December 31, 2000. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center Office of the Mayor A great place to start. A great place to stay. MEMORANDUM TO: Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Robert Peppe FROM: Myrna Kragness, Mayor DATE: April 5, 2000 SUBJECT: Northwest Suburbs Cable Communications Commission As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Rex Newman, 3107 61 st Avenue North, to the Northwest Suburbs Cable Communications Commission with term expiring December 31, 2000. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer What is Northwest Suburbs Cable Communications Commission? The Northwest Suburbs Cable Communications Commission (NWSCCC) is a municipal joint- powers commission formed to create a cable television service territory large enough to support a state -of -the -art cable television system. The commission is comprised of and serves the nine suburbs of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale. The governing board is made up of two representatives of each city, one of which is a representative of the city council and the other a resident of the city, both appointed by the city t council. As a joint - powers municipal commission, NWSCCC regulates the cable company on a cost - sharing basis among the member cities through local franchise authority and franchise fees. What is Northwest est Comn�un�ty Northwest Community Television (NCT) was formed in l 982 as a non-profit { ) corporation by NWSCCC. NCT is designed to create a stronger sense of community and a better informed citizenry by producing quality community news and information programming specifically about the cities we serve. NCT helps link neighbor to neighbor throughout the greater community. ty Hundreds of volunteers at NCT produce about 2,000 hours of community programming to over 63,000 households per year. With a 60% viewership NCT Is the most successful communit ' u ty operation in the country with a dollar value greater than either CNN or ESPN. A professional staff provides community news and information programming which covers more than 250 community events each year including: political events, high school athletic events, concerts and choir performances, community concerts In the park, and parades. Prepared by Flaherty a Associates P.A. for Northwest Suburbs Cable Communications Commission Ja nua ry a+'Y 2000 i f What are Northwest Community Television's goals for telecommunications restructuring? As a member of MACTA, Northwest Community Television (NWCT) fully supports the positions adopted by MACTA on restructuring issues. NWCT, Cable 12, however, is unique from other community television service providers in several respects: • NWCT Cable 12 is a consumer driven local on 'nation channel hannel with the highest viewership of any community television provider in the state; • . NWCT is no PE t a G access service, and 0 • NWCT uses its enure 5% franchise fee to support its community television operations. NWCT believes that any legislative solution addressing community television must recognize this uniqueness and include Cable 12. As a result, NWCT has two primary goals for telecommunications restructuring: • To continue to have sufficient local authority for cities to define and meet basic local community telecommunications needs, including the provision of community television services; and • To continue to have a stable and locally collected source of revenues, equivalent to existing and future revenues provided by franchise fees and through franchise agreements, to meet defined local community telecommunications needs such as community television. Prepared by Flaherty 8T Associates, P.A. for Northwest Suburbs Cable Communications Commission, January 2000 City Council Agenda Item No. 8b MEMORANDUM DATE: April 5, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report Re: Earth Day April 22, 2000 is the 30 anniversary of Earth Day. For the past several years, we have celebrated Earth Day unofficially by using the Saturday closest to that date as the kick -off for the spring Adopt - A -Park activities. This year is no exception, as many groups intend to clean their adopted parks, trails, and streets on Saturday, April 22. On the occasion of the 30 anniversary of Earth Day, I thought it would be worthwhile to report on the various ways in which the City has made its operations more Earth- friendly, and for the Council to consider renewing their commitment to the natural environment. Recycling In 1988, Brooklyn Center joined together with Crystal and New Hope to form the Joint Powers Hennepin Recycling Group (HRG), to provide Hennepin County- mandated residential recycling service. For several years HRG was administered out of Crystal. For the past few years, Brooklyn Park has taken on administration of the program as well as its own program, further improving the efficiency of a joint operation. From modest and mildly controversial beginnings, the residential recycling program has grown and become routine. In 1999, 21,069 single family and small (fewer than 8 units) apartments in the three HRG cities recycled a total of 4,982.29 tons of paper, metal, glass, and plastic. That averages out to 472.94 pounds of recycled materials for each household that year. Newspaper represented almost half the waste stream. In addition, multi- housing units recycled a total of 204.27 tons. A total of 23.97 tons of miscellaneous items such as batteries, electronics, appliances, oil, anti - freeze, and household goods were collected at the drop off site. The drop off site also takes in and recycles brush and yard waste. In 1999, residents of Brooklyn Center dropped off 4,971, cubic yards of brush, and 2,919 cubic yards of yard waste, for a total of 7,890 cubic yards. That represents almost 800 tandem dump truck loads of brush and yard waste! Operations City operations have been made more Earth - friendly as well. In general, the amount of hazardous and other wastes has been reduced, more items are recycled, chemical emissions or use has been reduced, and operations have been made more energy efficient. • Page 2 -- Reduction in Waste ♦ By reducing chemicals in use and on hand, City has been reclassified from Small Hazardous Waste Generator to Very Small Hazardous Waste Generator. ♦ The Earle Brown Heritage Center participates in Second Harvest, a program which collects unused food from restaurant and catering operations which would otherwise be discarded and distributes it to food banks, shelters, etc. ♦ On neighborhood street reconstruction projects, recycled bituminous paving is regularly used for street base instead of virgin class 5 gravel. ♦ Tree limbs and brush trimmed from boulevard or park trees are chipped and used on park trails. ♦ Screened street sweepings have been used as fill where appropriate. ♦ Use of straight salt for road de -icing has greatly reduced the amount of sand deposits in yards and in lakes, streams, and rivers, and the volume of street sweepings. Recycling ♦ In 1990 and 1991 the City Council amended the City's purchasing policy to require the purchase of materials with recycled content where possible, and to promote the use of recycled materials in construction. . ♦ Building Maintenance located a source to recycle hard -to- recycle rechargeable NiCad batteries, which are used for portable radios and walkie- talkies. ♦ Plastic packing peanuts are turned in to shipping places such as Mailboxes Etc for reuse. ♦ Aerosol cans are drained and recycled. ♦ The municipal liquor stores recycle cardboard boxes. ♦ City buildings recycle office paper, cardboard, cans, glass, and plastics. ♦ Public Works recycles scrap aluminum, brass, and copper; scrap iron structures such as old manhole castings and catch basin grates; and antifreeze. ♦ Fluorescent lights and ballasts are recycled. Reduced Chemical Emissions and Use ♦ The Central Garage recently converted to a biodegradable parts washing solvent. ♦ The City's fleet utilizes no lead, diesel; and gasohol fuels. ♦ When the Central Garage was expanded and remodeled, a new paint booth was installed which is much more efficient at filtering chemicals from the discharged air. ♦ When recharging air conditioners, the Central Garage mechanics capture and re -use Freon and R -12 refrigerants. ♦ Asbestos in brake linings is now captured and properly disposed of. ♦ Ozonization of the Community Center swimming pool water reduces the need for chlorine disinfectant to 25 percent of the chlorine previously used. It also lengthens the life of swimming pool filters. ♦ The paint used for pavement markings such as lane striping is now latex, reducing volatile • chemical emissions. ♦ Park Maintenance and Centerbrook Golf Course have reduced chemical treatments of turf. Page 3 . Improved Energy Efficiency ♦ Energy efficient adjustable speed drives have been installed on the water utility's well motors ♦ The new SCADA system which operates the City's wells and lift stations allows. us to operate those systems more energy efficiently. ♦ Energy - efficient LED bulbs have been installed on all City - maintained traffic signals. These bulbs also have a much longer useful life. Other signals on Brooklyn Boulevard will be replaced with LEDs when they are replaced. ♦ Previously, staff cars were full -size hand -me -down squad cars. These have been replaced with smaller, more energy efficient cars. ♦ Replacement of the roof on the Community Center has increased energy efficiency of that building and reduced heat loss from the pool area. ♦ Park and trail lights are being replaced with energy efficient fixtures. ♦ Lights in the Community Center pool area, including the pool underwater lights and the overhead lights, have been replaced with more energy - efficient, longer- lasting lights. The motor which recirculates water through the pool filters, which runs almost constantly, has been replaced with an energy - efficient model. ♦ Peak load capacitors have been installed in City buildings and at well houses to reduce energy peaking, reduce consumption, and reduce energy costs. Enhancement of the Natural Environment ♦ Over the past several years the City has made significant strides in improving surface water quality by construction regional storm water detention ponds to pretreat water before it is discharged into surface waters. ♦ A number of tree planting programs have been established to replace the loss of urban forest. Trees lost in parks are regularly replaced. The City's Residential Reforestation Program has been in place for several years to provide $50 "coupons" to residents who have lost a tree to Dutch elm disease to help them replace the tree. Each year following street reconstruction a reforestation project replaces boulevard trees lost to street and utility reconstruction. In 2000 for the first time we allowed residents who were eligible to have a replacement tree but didn't want it to donate the tree to a park. ♦ Care has been taken in designing projects to preserve the natural environment, especially mature trees. Two major projects, the 69th Avenue Parkway and the 65th Avenue Park and Ride, were specifically designed around mature trees. ♦ Several years ago, an Adopt -A -Park, Trail, and Street program was initiated. Numerous individuals and groups have donated countless hours of volunteer time to clean parks, trails, and streets. ♦ Over the course of providing mitigation by replacing wetlands lost to construction projects, the City has created a net increase in wetlands. • MEMORANDUM • Date: April 3, 2000 To: Diane Spector From: Joyce Gulseth Subject: Proclamation Declaring Earth Day EARTHDAY OBSERVANCE In observance of the 30th anniversary celebration of Earth Day, volunteers for the Adopt -A- Park/Trail /Street Program will participate in the spring kick -off event Saturday, April 22. While many groups have already scheduled their spring cleanup on earlier dates, we do expect a good level of participation on April 22. Participating groups will be treated to coffee, juice and rolls at the Community Center before they begin their cleanup. The popular "trash treasure hunt" will also be a part of the event. Every youth participant in the Earth Day 2000 event will receive a certificate recognizing their participation in an earth care program that encourages them to Reduce, Reuse and Recycle whenever possible. • • PROCLAMATION DECLARING APRIL 2 7,. 2000 EARTH DAY IN BROOKLYN CENTER. WHEREAS, a sound natural environment is the foundation of a healthy society and a robust economy; and WHEREAS, local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention, and sustainable practices; and WHEREAS, the turn of the millennium is a symbolic time in which to accomplish a dramatic change in our environment; and WHEREAS, Earth Day 2000 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim that: • 1. April 22, 2000 is Earth Day in Brooklyn Center. 2. The City of Brooklyn Center reaffirms its commitment to improving energy efficiency, reducing or preventing waste, and promoting recycling its operations. 3. The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 4. The City Council hereby encourages residents, businesses, and institutions to use Earth Day 2000 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste, and promote recycling. Date Mayor • Attest: City Clerk City Council Agenda Item No. 8i MEMORANDUM . TO: Michael J. McCauley, City Manager FROM: Ronald Zoning Special st � �•�t'"� A. Warren, Planning and g SUBJECT: City Council Consideration Item - Status Report on Commercial Zoning Reorganization DATE: April 5, 2000 A status report on the Planning Commission's consideration and review of a commercial zoning district reorganization has been requested by the City Council. Attached is a copy of a March 27; 2000, memo with various attachments from myself to the Planning Commission regarding this matter. The Commission continued its review and discussion of this proposal at their March 30, 2000, study session meeting. The Commission believes the memo adequately reflects the status of their review, however, they . wished to also express and emphasize the need to carefully review the zoning designation of City owned property between T H 252 and Willow Lane, south of 66th Avenue. If this area is designated as a proposed neighborhood commercial district (C -1) a gasoline service station/convenience store would be a permitted use in that location. The Commission pointed out that the objection to this type of land use by neighboring property owners was one of the reasons this property was rezoned which ultimately lead to the City's consideration to acquire it and adjacent property. The Commission is also carefully considering the ramifications of allowing as stations Y � g gg car washes, etc. as permitted uses in the proposed neighborhood commercial district (C -1). They seem to believe such uses should be allowed in neighborhood areas, but want to assure that they are compatible in the neighborhood. Furthermore, they realize one of the objectives of the proposed zoning district reorganization is to eliminate the need for special uses but think it may be appropriate to either have special uses or an enhanced zoning district, such as a C -IA district, that would allow such uses only in specified neighborhood areas. Again, further review and analysis is in order. I hope this memo and supporting information will adequately provide the City Council with the necessary status report. The Planning Commission would welcome the opportunity to meet and discuss their progress • with the City Council. MEMORANDUM TO: Planning Commission Members FROM: Ronald A. Warren, Planning Commission Sec & r DATE: March 27, 2000 SUBJECT: Commercial Zoning Reorganization We have been requested to provide the City Council with a status report on the Planning Commission's requested consideration of a commercial zoning reorganization. The Commission has been reviewing this matter over the course of the last six months. The status report will be given to the City Council at their April 10, 2000, meeting and it is anticipated that the matter will be discussed at an upcoming Planning Commission/City Council meeting. Attached for the Commission's review is a revised listing of four proposed commercial zoning districts and uses based on a suggested reorganization. It was the consensus of the Commission that the four districts proposed in a report be reshuffled so that they represent a progression from the least intense district to the most intense district as follows: C -1 Neighborhood Commercial District C -2 Brooklyn Boulevard Commercial District C -3 Central Business District C-4 Highway Commercial District It was recommended that `tobacco sales " be added to the Neighborhood Commercial District . (C -1) and that more office uses, such as a real estate office, be added to this district as well. "Park and Ride" and "Transit Hub" uses were to be added to the appropriate districts. These modifications have been made to the attached reorganization handout. Other recommendations and comments related to this proposal include: 1. Eliminate the word "industrial" from the C-4 district so that it reads "highway commercial district ". • 3 -30 -2000 Page 1 2. Further evaluate whether automobile sales and service should be included in the C -2 (Brooklyn Boulevard Commercial District) or should the area where car dealers are located be zoned C -4 (Highway Commercial District). 3. Need to continue special requirements in the commercial zones such as buffer and setback requirements. Further review of specific regulations and requirements is also in order. 4. No consensus has been reached on the best way to distinguish uses in the neighborhood commercial district (C -1) from the other districts. It had been suggested that reduced square footage of buildings or lot sizes might be appropriate, however, such limitations are believed to cause development problems in the future. 5. All existing Planned Unit Development (PUD) districts should remain as they are. There may, however, be a need to modify the underlying designations to appropriately reflect the reorganized commercial zones. 6. Recommended zoning districts would be- C-1 69th/Humboldt Commercial Area 57th/Logan Commercial Area Area by Spiritual Life Church 50th and Drew 53rd & Dupont (Christy's) ? C -2 All Brooklyn Boulevard Commercial Areas (May be possible conflicts with C -3 and C-4) C -3 Central Commercial Area Including Brookdale Perimeter Businesses; Shingle Creek Parkway area (From Shingle Creek to T.H. 100); and areas south of Freeway Boulevard between Shingle Creek and Humboldt Avenue. C -4 Brooklyn Boulevard and I -94; 66th and 252 except for Areas Zoned PUD 7. There is need to further review potential zoning designations for the Racquet and Swim Club at France and Highway 100 and also the city owned property located between 65th and 66th/T.H. 252 and Willow Lane. (This property currently has a Service/Office zoning designation. 8. Further detailed review is in order for setback and other district requirements. One Commissioner has suggested creating a system of building setbacks from right of way • 3 -30 -2000 Page 2 that would have reduced setbacks for lower buildings and greater setbacks for taller = buildings. 9. The proposed Brooklyn Boulevard Commercial District (C -2) should be consistent with the Brooklyn Boulevard Redevelopment Study. Attached for the Commission's review are a revised listing of proposed zoning districts and uses; a summary of existing commercial zoning districts and uses; the table of minimum district requirements and special requirements in the C -1, C- I A and C -2 zones from the zoning ordinance; a map of Brooklyn Center zoning districts and recommendations from the Brooklyn Boulevard Redevelopment Study. The Planning Commission should review the above information, recommendations and comments to see if it adequately reflects the status of our review of the commercial zoning reorganization to date. If so, this status report and update will be presented to the City Council for further direction and review. • • 3 -30 -2000 Page 3 z= ' S `3 �i. Cmw Busim= D; icy AIi a =d e4 =m v idxd re*icti= oa $ ' dediiaae� eat .AL. MINNOW • �B� g�se.d�ainghve - . • • dot - • - }�ud • Tngaor shores • cur ad boat notes M0b4h6pdgaimessDMid WaMpen it9e"'bv imgvsmvi&mznenesbic mCmsqtue . and ac�g► levels mzut be compatzbk v� • redid sak aftood • sd'vicadddioos �. �+ ve.�+►o�ya WrAC� pis pia siodWAsboMedwsxzagv&geatablisionentg not affming live onfor taimmant • ado .:t aw cae eeatas • d'i `zr�a/aeatat woes . hardware Oqctmil sole atbuting pkimbmg oquk=4 p=Wt valip w deodical sopp> S dt bang supplies) vetorinaridn clinics • ,Dada dorms o barbel S eotcas • fall" Ind ` rdigiaoa, wdit a and dwdtd lg, h'braies ar at plai • mdvmfgft �fPinES ��,d`6sr cr8 MP*. altaarm clawing pickup & shoe repair . - 000soamet ®d maea� credit zeportimg. ddjusl�t � won ' service eFRiaE3 • dotective � p:obaaive agency . • Cadrdcur(po cow de'dmzage) 6"Ir • 'I'- ..,,Id C ir Pic r s • • r r w o + ru C pdryng !IP ' d�pkyj aW3.YG ' ay " f AlGK #ic�1 DF VYltll • 1 I • • f � F WON lop Ff • Summary of Brooklyn Center Commercial Zoning Codes Z PERIVn x Yi&i USES CONDITIONALLY PERMITTED SPECIAL REOUIREMENTS USES Cl • Service/Office District Permits the i'ollowing, provided that the height of • accessory off-site parking not located the all storage, display, service, repair & each establishment/building not exceed three same property processing must be conducted within an stories: • group day care facilities (must be compatible enclosed building • nursing homes with and complementary to existing adjacent • incineration of waste material must be • finance, insurance, real estate and investment land uses, must be of comparable intensity to conducted in approved equipment inside ogce Cl uses w/ respect to activity levels, must the building . • medical, dental, osteopathic, chiropractic, & generate traffic compatible w/ neighborhood • where a C1 or CIA development abuts an optometric and within capacity) R1, R2 or R3 district other than at a public • legal, engineering. architectural, educational, instructional uses for art, music, street line, a buffer provision must be scientific research, accounting, auditing, photography, dacrratin& dancing. eta. established (see specific buffer bookkeeping, & urban planning requirements) • religious, welfare and charitable, libraries, & • parking layout must be approved prior to a art galleries _ building permit being issued • beauty & barber site layouts must include an underground • derground funeral a phic crematory weer must design and N&urcd • photogra ' • appare repair, alteration, cleaning pickup, & supervise installation of water and sewer shoe mains when required. the Sand owner or advertisin developer must enter into an agreement • consumer &mercantile credit r+esporting, with the city to accomplish maintenance, adjustment & collection service . inspection or repairs • duplicating, mailing & stemgiaphic service • outside recreational facilities at group day • employment agency care facilities must be separated from • business & management consultant parking and driving areas (see specific o buffer requirements) �tracvtor& protecti age' • nursing cane homes must provide one tree • gavernmemtal , per 14'beds • business association, professional membership organizations, labor unions, civic, social & fraternal associations • financial institutions • licensed drop-in child can centers • - leasing offices • other uses in nature as determined by City Council CIA: Service/Office Permits all Cl uses without building height . Same as Cl conditionally permitted uses. Same as Cl special requirements. District restriction. AK /miso%zono 1, 6%22/99 . D USES SPECIAL REOURMEMENTS 0 I ZONE )'ERMITTED USES CONDITIONALLY PERMITPE ... C2: Commerce District • retail sale of food • gasoline service stations Same as CI and CIA special requirements • eating establishments (without live • sale or vending at gasoline stations of items . with variances in buffer provisions, and: entertainment, drive-in eating, or other than fuels, lubricants or automotive access from a local residential street must convenience -food parts & accessories be assessed for compatibility with • retail sale of heating & plumbing equipment, • drive -in eating establishments neighborhood and approved by Council paint, glass, wallpaper, electrical supplies & • - eating establishments offering live building supplies entertainment; recreation or amusement • retail sale of tires, batteries, automobile places such as theaters sports arenas, accessories & marine craft accessories bowling alleys, skating rinks and • retail sale of tiuniture, home furnishings & gymnasiums related equipment • retail sale of motor vehicles • retail sale of miscellaneous items such as • out -of -door display and sale of marine craft drugs, liquors, antiques & secondhand at retail merchandise, books & stationery, garden • transient lodging supplies, jewelry, flowers & floral accessories, • animal hospitals cigane & cigarettes, newspapers & magazines, • public transportation terminals (excluding cameras & Photographic supplies, gifts, truck terminals) novelties & souvenirs, pets, optical goods, clubrooms & lodges sporting goods & bicycles accessory off -site parking not located on the • CI service/office uses except nursing homes same property with the principal use and drop-m child care centers • sauna establishments & massage • repair/service uses including electrical, establishments household appliances, electrical supplies, school bus garage facilities heating & plumbing equipment, radio & amusement canters television, watch, clock & jewelry, automobile & truck rental & leasing reupholstety and ftnniture, laundering, dry • tennis clubs, racket & swim clubs, health cleaning and dyeing, equipment and rental spas & suntan studios • medical and health uses including hospitals group day care facilities (must be compatible (not including animal hospitals), medical with and complementary to existing adjacent laboratories, dental laboratories, nursing care land uses; must be of comparable intensity to homes (not to exceed IS beds/acre) CI uses w/ respect to activity levels, must • contract/constructien uses including offices generate traffic compatible w/ neighborhood for building construction contractors, and within capacity) plumbing, heating & air conditioning contractors. painft paper aging & decorating contractors, masonry, stone work, We setting and plastering contractors, caspentermg and wood flooring contractors, y roofing and sheet metal contractors, o mcaete contractors, and water well drilling contractors • educational uses • accessory uses (Le. parking, sign display, outside display of sale merchandise with pmt) • licensed drop -in child care centers AF /adidozow 2,6t22/99. S 35400. TABLE OF MINIMUM DIST1tiur REQUIRI ✓ `TS. Every' use of land within the City of Brooklyn Cen� '1 conform to the IbIlt. ag minimum requirements which are applicable to the Lai a District in which such use is contemplated. (Note: Refer to applicable footnotes) (1) Yard Setbacks (10) (12) Land (3) (5) (2) Area Width -(2) (5) Side Side District S Beet E o jar (6) Interior Corner Rl One Family Dwelling (Interior Lot) 9,500 /unit 75 35 25 (9) 10 25 One Family Dwelling (Corner Lot) 10,500 /unit 90 35 --(5) 10 25 R2 One Family Dwelling (Interior Lot) 7,600 /unit 60 35 25 (9) 10 25 One Family Dwelling (Corner Lot) 8,750 /unit 75 35 -- ( 5 ) 10 25 Two Family Dwelling (Interior Lot) 6,200 /unit 75 35 40 10 25 Two Family Dwelling (Corner Lot) 6,200 /unit 90 35 --(5) 10 25 R3 (See Sec. 35 -410) 5,400 /unit --(7) 35 40 --(7) 25 R4 (See Sec. 35 -410) 3,600 /unit '100 35 40' 10 25 R5 (See Sec. 35 2,700 /unit 100 35 (4) 40 (4) 15 (4) 25 (4) R6 (See Sec. 35 -410) 2,200 /unit 100 50 (4) 40 (4) 20 (4) 50 (4) R7 (See Sec. 35 -410) 1,400 /unit -- 50 (4) 40 (4) ' 20 (4) 50 (4) C 1 (See Sec. 35-411) -- (11) 150 35 40 .10 25 C 1 A (See Sec. 35 -411) -- (1 I) 150 35 (4) 40 (4) 10 (4) .25(4) t C2 (See Sec. 35412) -- 100 35 (4) 40 (4) 10 (4) 25 (4) 1 -1 (See Sec. 35 -413) -- 100 50, 25 10 50 I -2 (See Sec. 35 -413) -- 100 35 25 10 25 35 -50 - Section 35 -411, SPECIAL REQUIREMENTS IN Cl AND CIA DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. 2. Incineration of waste material shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a C1 or CIA development abuts an RI, R2 or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 15 feet wide with an opaque fence or wall or a Council approved substitute. The protective strip shall not be used for parking, driveways, off-street loading or storage and shall be landscaped. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the Cl or CIA area. A proposed fence or wall shall be no less than four feet in height and shall not extend within 16 feet of any street right -bf -way. 4. No building permit shall be issued until a site and parking layout has been approved as • provided in Section 35 -230. No parking shall be permitted within 35 feet of any major thoroughfare right -of -way or within 15 feet of any other right-of-way and the 35 foot or 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5.. On developments of sufficient magnitude so as to require on -site water main or sewer main construction, plans for such facilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer main construction is required, the land owner or developer shall enter into a water and sewer main and fire hydrant maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspection or repairs that are in the public interest. • 35 -58 6. In the case of group day care facilities, outside recreational facilities shall be appropriately ` .. separated from the parking and driving areas by a wood fence not less than _four feet in height; or a Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. 7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. Section 35 -412, SPECIAL REQUIREMENTS IN C2 DISTRICTS. 1. All storage, display, service, repair or processing shall � be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. The outdoor storage of merchandise during • business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. 2, Incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed C2 development abuts an Rl, R2, or R3' district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 35 feet in width. The protective strip shall not be used for parking, driveways, off-street loading or storage and shall be landscaped. The landscape treatment .shall contain an opaque fence or wall which shall not extend within 10 feet of any street right -of -way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the commercial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall., 35 -59 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right - of -way and this 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require on-site water main or sewer main construction, plans for such facilities shall be designed by and installed under the supervision of a civil engineer registered in the - State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer main construction is required, the land owner or developer shall enter into a water and sewer main and fire hydrant maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. 6. Access from a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential character of that neighborhood. 7. In the case of group day care facilities, outside recreational facilities shall be appropriately S separated from the parking and driving areas by a wood fence not less than four feet in height; or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. 35 -60• 1 ~ MIERIMM Illlr. RUN Moo FN \ uu n■ u■ nY �s _ -- nr, qtt 'E - E �: if i e matzrw� 1 " ' r 3 �' ��i �'. -_ _oar ��niiini, ::� ■�aQZ■ -- - _ : • - ,tilt'' � C " ° � - ti�1 r ■� - -� r •�,U n' n:�+ no .1. ■. 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Recommendations 1. The City should focus Economic Development resources on larger parcel (three acres or larger) 'planned unit developments. , 2. The City should require smaller parcel development to meet the following performance standards. a.. Setback requirement Non-residential development along the Boulevard should be built to a specified line to provide enclosure i and a continuous public facade. b. Front or side door access to R.O. W. improve name All entrances shall be located such that they can be seen from the right -of -way. • C. Easement'DedIcation. An easement should be required to permit access to ROW improvements. . ' d. Conned parking circulation to adJoining parcels. Parking should be accessible from each parcel, internally, on the site through • cross easements. . e. Display windows on Brooklyn Boulevard - no blank walls. All new • commercial • developments shall have windows facing the Boulevard. L - £ Znndscgping. One tree per 30 feet of site perimeter, including parking lots and one tree per eight par]d* spaces. . g. Screening. Parking and storage facing adjoining neighborhood shall be screened with masonry walls or approved equal and- landscaping. h. Building Ma nlals. BuRding materials shall be of higli quality (Brick or Stone Masonry) and approved by the City. L Awnings. Awnings should be encourage, but not illuminated, and extend a minimum of f = feet over sidewalk. k j. Neighborhood Access Where appropriate for pedestrian use of commercial or institution facility, apedestrianpathway connecting - the commercial development with the adjacent residential neighborhood shall be provided eg. sidewalks.. 3 Land use transitions r BcW*d Bou%Ywd Re&Y&I =wt Study Page 51 a. C2 special use such as gas stat'wns, c Onvenierm stores, and fast food restaurants may abut R-1, R 2, R -3, R-4 and across street R.O.W. provided: ■ no vehicular traffic access ■ pedestrian access if appropriate ! 8' brick wall with landscaping and ligiLtmg on 10' easement - trees 20' o.c. or equivalent - pedestrian (12 - 14 ft) - ligbting 30' o.c. •:: b. C2 special uses such as gas stations, convenience stores, and fast • food restaurants may abut adjacent R-1, R 2; R-3, and R-4 provided. ■ -8' brick wa11• with landscaping on 10' easement - trees at 20' o.c. or equivalent - continuous shrubbery a -, roo s�te'°`'a �aeao�t staar . Page S2 1 -- I V. DOLE1vI MATION The Brooklyn Boulevard Study establishes a basic framework for the future growth and revitalization of the Brooklyn Boulevard corridor. The study identifies two datmct arenas in which change to the corridor will come about. The first, being the public right- of-vay and the role of Brooklyn Boulevard as a regional traffic arterial. The second being the changing pattern of contemporary land use development and its impact on both the Boulevard and the adjoining residential neighborhoods.. The key to reviuUzado tithe Boulevard is for the City to move forward on both fronts: working to make their desires known to the Brooklyn Boulevard transportadon planners and being a catalyst for development along the corridor. The neat steps following this study include: ■ Adopt the Brooklyn Boulevard Study as an amendment to the Comprehensive Plan The study lays out the basic goals, principles, and policies for the corridor and should replace the existing discussion found in the plan. ■ Revise the Zoning Ordinance The zoning ordinance should be revised to reflect the principles and policies of the study, including: a. Develop performance standards for CI and C2 abutment to residential area b, prepare landscape requirements and guidelines. c. Create an overlay sign ordinance for' Brooklyn Boulevard Corridor. d. Review minimum lot size for Cl and C2 development, e. Rezone Brookdale Chrysler Plymouth as a conforming use: however, underlay neighborhood commercial as the fatare use for the site. f. Rezone existing uses in the designated redevelop areas as nonconfamadng uses. g. Review Boulevard parking requirements. Broold 10 Bodnard RWer&p=mt Study 'f 1 Page 53 ■ Continue Communication with Hennepin County Brooklyn Center should present its expectation for the future appearance and function of Brooklyn Boulevard to Hennepin County. The City's objective should be to receive a commitment from Hennepin County to incorporate the recommendations of this study in the County's Brooklyn Boulevard Capital Improvement Plan including: median. and parking development, landscaping, lighting, gateway development; and access provisions. v ■ Initiate Communication with Brookdale Just as with Hennepin County, the City should initiate discussions with • Brookdale regarding f tt are plans for upgrading the Center and share with • them the City's expectations of both the entire Boulevard and the Center itself as reflected in the Plan. • Continue Communication with the Metropolitan 1fansit Commission The City should present its expectations for Brooklyn Boulevard to the MM. Specifically, in terms of the location, design, and character of; a) bus stops along the Boulevard; b) the park and ride facility south of 694; and c) the future incorporation of transit at Brookdale Center. ■ Proceed with Boulevard Development Projects The City should proceed with detailed pro forma analysis of the j recommended development sites to determine their ultimate configuration and phasing. More detailed urban design criteria should be prepared based on the principles established in this study as a Erioritized development , , b&4i"A is finalized. ■ Establish an Oversight Process The Brooklyn Boulevard Study Task Force's work concludes with this . report A mechanism to monitor the application and implementation of the principles and the framework plan should be established. Options include City Staff, the Planning Commission or City Council. . 8rooldyn Boale�ard Rederdopmeot �' i - • Page 54 ■ Promote the vision for Brooklyn Boulevard Broolyn Center has taken a proactive approach to the furore of this corridor. if implemented it will be a model of what communities can do to evolve and remain vital. The expectations and vision of this plan c should be communicated through print and video to whomever might be interested in visiting, living andlor doing business in Brookyn Center, a+ s Brootdyn B °ute'ard Rede�pmmt Stour , r� is MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Sp , ialist SUBJECT: Ordinance Amendment Regarding Church and Educational Uses DATE: April 6, 2000 The Planning Commission has previously recommended to the City Council an ordinance amendment relating to the location of church and educational uses in residential and commercial zoning districts. This ordinance amendment was deferred pending completion of a review by the Planning Commission of a commercial zoning reorganization. It may be appropriate to adopt, or consider the adoption of, the recommended ordinance regarding church and educational uses rather than to wait on the commercial zoning reorganization which may not be finalized for some time. • The recommended ordinance would allow church uses in residential zoning districts as has been the case as "special uses ". Churches would continue to be uses allowed in the C -1 and C -2 zoning districts. Educational uses in commercial districts such as the C -1 and C -2 districts, are clarified by making a distinction between public and private elementary and secondary schools and other educational uses which would include post secondary schools, business schools, trade schools and the like. A draft ordinance amendment has been prepared which reflects the Planning Commission's recommendation. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CHURCH AND EDUCATIONAL USES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is Amended in the Following Manner: • Section 35 -314. R5 Multiple Family Residence District. 3. Special Uses d. Public and private elementary and secondary schools offering a regular course of studv accredited by the Minnesota Department of Education provided primary vehicular access shall be vained to the uses by a collector or arterial street. Section 35 -320. Cl Service /Office District. 1. Permitted Uses e. Religious uses including. but not limited to. chapels. churches. temples and svnaeogues, welfare and charitable uses, libraries and art galleries. 3. Special Uses d. Educational, rises including post secondary schools. business schools, trade schools and the like. but excluding public and private elementary and secondary schools (K -12). • 1 • Ordinance No. Section 35 -322. C2 Commerce District_ 1. Permitted Uses d. Service /office uses described in Subsection 1 (b) through 1 (u), -and Subsection 1 (w). and Subsection 3 (c) of Section 35 -320. h. Educational uses includinLy host secondary schools. business schools. trade schools and the like. but excludinLy public and private elementary and secondary schools (K -12). Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • 2 i City Council Agenda Item No. 8j i Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers ' trom, Lasman, on, and Peppe FROM: Michael J. McCauley, City Manager DATE: April 6, 2000 SUBJECT: Modification of May 1, 2000, Board f Equalization Earlier this week valuation notices were mailed to property owners. The notices listed the date and time of the Board of Equalization to be Monday, May 1, 2000, at 7:00 p.m. For 2000, the City Council amended its meeting schedule to hold City Council work sessions and study sessions at 6:00 p.m. The schedule also listed the Board of Equalization to be held at 6:00 p.m. Since the valuation notices list the time as 7:00 p.m., I would ask that the City Council modify its meeting time for the Board of Equalization from 6:00 p.m. to 7:00 p.m. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 8k adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING APRIL 9 -15, 2000 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK WHEREAS, President Bill Clinton has declared the week of April 9 -15, 2000, as National Public Safety Telecommunications Week; and WHEREAS, this week honors the many public safety dispatchers who aid in providing 911 emergency assistance to citizens everywhere; and WHEREAS, every day the residents of Brooklyn Center depend upon the skill, expertise, and commitment of public safety dispatchers; and WHEREAS, the public safety dispatchers of the Brooklyn Center Police Department help save lives by responding to emergency calls and dispatching emergency professionals and equipment to the scene; and in distress. WHEREAS, public safety dispatchers also provide comfort and assistance to citizens • NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the week of April 9 -15, 2000, be declared National Public Safety Telecommunications Week to express appreciation to the public safety dispatchers. 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. •