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Home My WebLink About1999 06-14 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION JUNE 14, 1999 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions. 2. Golden Valley request on District 281 Community Ahead program. 3. Discussion of Cub Liquor site and Humboldt potential sale. 4. Discussion of recreational vehicle parking. 5. Miscellaneous. City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota (612) 693 -3990 DATE: June 4, 1999 TO: Mayors and City Managers in Robbinsdale School District 281 FROM:. Mary E. Anderson, Mayor, Golden Valley SUBJECT: Community Ahead At the May 4 1999 meeting rig of the Robbinsdale School District 281 Government Advisory Committee, Brad Brown reviewed the activities of the Community Ahead program. I offered to convene city officials to review and discuss what we might do to continue our efforts individually and/or collectively to be supportive of this effort. I invite you to a meeting on Wednesday, June 30 at 7:30 a.m. in the Council Conference Room in the Golden Valley City Hall. The goal is to have one staff member and one elected official from each city that is all or partially in the Robbinsdale School District 281 attend. i suggest the following agenda with the option to add other items of interest to the participants. 1. Review the status of past efforts of cities to collaborate on youth supportive activities. 2. Share what each of our cities is current) doing g to support young people. 3. Hear from Brad Brown the Co -Chair of Community Ahead. 4. Discuss and decide on how cities might continue supportive activities. I ask each .city to do the following: 1. Determine who will represent your city at the meeting. 2. Develop a list of current city activities that are supportive of youth. (Identify 2 or 3 that you feel are particularly effective.) 3. Come prepared to discuss and decide on future actions. I anticipate the meeting will end at 9:00 a.m. I look forward to seeing you. cc: Brad Brown WE CARE ABOUT Kicbs Dear Community Member: May 28, 1999 It's time to begin planning "We Care About Kids" 2000! Community Ahead is sponsoring the second annual "We Care About Kids" celebration for families. "We Care About Kids Day" 1999 was a success beyond our grandest expectations because of the efforts of hundreds of individuals, and dozens of community groups and programs like yours. Community Ahead is a community initiative developed locally to improve the assets of youth and thus strengthen the Robbinsdale Area Schools community. Assets are those elements in kids' lives, identified by Search Institute, which help young people make wise decisions, choose positive paths, and grow up to be competent, caring, and responsible. The initiative focuses on the idea that it is everyone's role to help young people reach their potential. It challenges us all to work together to address common concerns, share resources and learn from each other to recreate communities that support and care for children and teenagers. As we learned this year, when communities collaborate on behalf of children and families, incredible things can happen. We hope to call on many local individuals and organizations to help plan and participate in next year's We Care About Kids events. Groups who are already committed to participate for next year include the Northwest YMCA, North Memorial Health Care, Robbinsdale Park & Rec. Senior Program, Robbinsdale Area Redesign, Adventures in Fathering, Robbinsdale Area Schools Senior Services and Early Childhood Family Education programs; Golden Valley Police and many others. We hope to be expanding next year to include more activities for teens and options for parents only. We are looking at making it "We Care About Kids" month for the year 2000. The Northwest YMCA has again agreed to be the host for "We Care About Kids Day 2000" on Saturday, February 5, from 10 a.m. to 4 p.m.. Other events for teens and parents have not been set as yet. We invite you to attend our first planning meeting for next year's events on Wednesday, June 16 from 3-4:30 p.m. at Brunswick United Methodist Church, 6122 42nd Avenue No., Crystal. We have included the agenda for that meeting. This is a great opportunity for your group or organization to be recognized by hundreds of families as an organization that cares about kids and families! It. will also give you a chance to promote the services that you offer to our community. Please look over and return the enclosed form by June 11 to let us know how you would like to be involved. I Sincerely, Y COMMUNITY �i�v AHEAD Beth Brunstad Lipkin Co-chair Co-chair 535 -5507 504 -4174 ^ Serving the communities of Robbinsdale Area Schools Al20 D.-."+ a „e "ts" nl.,r +H D,,kkincrinlo AAM FiFi472 Toi Al? M4 4903 Fnx.612.504.4911 "We Care About Kids" Planning Committee June 16, 1999 3-4 p.m. Brunswick United Methodist Church 6122 42nd Avenue North, Crystal Agenda 1. Welcome and introductions 2. Brief review of "We Care About Kids" 1999 3. Plans for "We Care About Kids" 2000 - includes discussion of possible teen event and parent event. 4. "We Care About Kids" 2000 committees: Planning /org Marketing Entertainment Volunteers Funding Links to other community events Proclamations /Civic leader recruitment Role model recognition Decorations Resource tables/ activities Door Prizes Food Food drive ? 5. Commitment /recruitment of others 6. Meeting schedules 7. Open discussion OPPORTUML i -ES TO PARTICIPATE Check the ways you'd like to support "We Care About Kids 2000" events: — Attend the planning meeting on June 16 at Brunswick United Methodist Church. Serve on the planning committee for We Care About Kids Day 2000. — Serve on the planning commitee for teen event. — Serve on the planning commitee for parent event. Provide a Community Resource Table for We Care About Kids Day. — Provide volunteers to prepare during the month before the events. Provide volunteers for the events. — Contribute door prizes. Contribute money to offset expenses. — Please send me more information about asset building. Help advertise to the community through our (newsletter, brochure, etc.). Other: Name Organization Address City /State/Zip Phone: (w) (h) • Please return this form by Friday..Tune 11.1999. Mail: Linda Kemper Call: 504 -4902 We Care About Kids Day Committee Fax: 504 -4911 Robbinsdale Area Community Education Center 4139 Regent Avenue North Robbinsdale, MN 55422 • If you have any questions about how you can help, feel free to call one of the contact people of our We Care About Kids Day Organizing Committee: Beth Brunstad (co- chair) 535 -5507 Linda Kemper 504 -4902 Jean Lipkin (co- chair) 504 =4174 Sandra Bengston 5044944 Please return this form!! Companies Comprehensive Real Estate Services 8200 Normandale Boulevard, Suite 200 Minneapolis, Minnesota 55437 -1060 612.897.7700 Fax 897.7704 June 7,1999 Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Municipal Liquor Store - Brookdale Corner Brooklyn Center, Minnesota Dear Michael: Thank you for the counter proposal outlining the deal terms for the municipal liquor store in Brooklyn Center. Upon consulting with Jerry's Enterprises, and considering our critical timing during our building design stage, the Landlord has agreed to accept your revised lease terms. In order to clarify the agreed upon terms, this Letter of Intent summarizes the Landlord's understanding of the transaction. If these terms also meet your understanding, please acknowledge where indicated below and return one original to my attention. We will attempt to have a draft lease form delivered within a few days. The salient terms of the transaction are proposed as follows: Tenant: City of Brooklyn Center Landlord: Brookdale Corner, LLC, a Minnesota limited liability company. Premises: Approximately 6,300 square feet as depicted on the attached space plan exhibit. Dimensions are approximated at 90 feet wide by 60 feet and 75 feet deep, as shown on the attached sketch. Lease Term: Ten (10) years initial term. Tenant will have one (1) renewal option of ten (10) years, exercised with one (1) year prior notice. Assienment: In the event the City of Brooklyn Center no longer operates municipal liquor store(s), the Lease will be assignable with Landlord's prior reasonable consent to an assignee that has Ilwelshlsys {retail.WibrooMalecornerlliquor 16132399 d Michael McCauley June 7,1999 Page 2 financial capabilities and liquor store operating experience reasonably acceptable to Landlord. Rent Commencement: The earlier of Tenant opening for business or sixty (60) days following Landlord's delivery of the premises. Net Rent: Initial Term (10 vears) Option Period (10 vears) Years 01— 05: $14.50 psf Years 11 -15: $17.20 psf Years 06 —10: $15.90 psf Years 16 — 20: $18.50 psf Percentaee Rent: Tenant shall pay percentage rent in the amount of 1.576' of sales in excess of the following annual sales breakpoints: Initial Term (10 vears) Option Period (10 vears) Years 01— 05: $3,000,000 Years 11 -15: $3,400,000 Years 06 —10: $3,200,000 Years 16 — 20: $3,600,000 Percentage rent shall be payable semi - annually. (To avoid seasonality, Tenant may select the months to serve as mid -year and year -end for percentage rent calculations.) Overatine Expenses: Tenant shall be responsible for its prorata share of operating expenses which include taxes, common area maintenance, and insurance. The common area maintenance shall include a management fee of 4% of net rent. The estimated operating expenses for Year 2000 are $1.55 per square foot for CAM and insurance (including management fee), and $1.50 per square foot for taxes. Please note that the taxes are based on estimated tax assessments, and will not be fully assessed in payable Year 2000. Tenant may, it its discretion, make their check for payment of taxes payable directly to Hennepin County. Condition of Premises: Landlord shall deliver to Tenant the premises which will include the following items: • A complete building shell including roof, concrete slab floor, exterior walls and/or demising walls from adjacent tenant. • HVAC equivalent to one ton capacity per 350 square feet of area in the premises (approximately 20 tons). • 200 amp electrical service to a panel in the rear of the premises. • Distributed fire sprinkler system and heads. klwlshlsysbetailll}' tbrookdalecormrV4uor loi 32399.doc Michael McCauley June 7,1999 Page 3 • 2'x4' fluorescent light fixtures, or equivalent; one fixture per 80 square feet (up to 88 fixtures). • Convenience wall outlets, per code. • One office with entry door, finished tile ceiling, etc. • Emergency exit lights. • Phone line conduits to location designated by Tenant (wire by Tenant). • Either painted open ceiling or grid and tile, at Tenant's option. • Restrooms as required by code, including fixtures, convenience water heater, etc. • Store front door and store front glazing. • Emergency exit door, as required by ordinance or regulation. • Interior wall (or cooler framing) to separate sales floor from storage area. • Exterior walls sheetrocked, taped, sanded, and painted. • Rear loading door "at grade" to accommodate a forklift. Tenant's Work: Tenant shall provide all additional interior finish work, including phones, equipment, interior signage, fixtures, coolers, counters, floor covering, check -out counters, alarm system, security system, etc. Landlord will provide final electrical hook-up for coolers. Additionally, Tenant shall provide a store front sign (or signs) prepared by a professional contractor based on drawings approved by Landlord. Landlord shall have the reasonable right to approve drawings for Tenant's interior improvements. Use Restrictions: The Lease shall identify prohibited uses, exclusive uses, and the permitted use. Prohibited uses shall include, but not be limited to, the following. pawn shops; check cashing store; currency exchange; massage parlor; tattoo parlor; sauna; adult book, entertainment, or items; child care, church, school. Brokers: Landlord and Tenant acknowledge that they have dealt with no brokers, except Welsh Companies, representing Landlord. Welsh Companies shall be compensated by Landlord. Timing: Landlord will use reasonable efforts to begin construction around August 1, 1999, with delivery to Tenant around January 1, 1999. Sienaee: Tenant shall install a store front sign, subject to Landlord's reasonable approval Ilw+elsh4slretailW IbrookdalecormrVipor loi 32399.doc Michael McCauley June 7,1999 Page 4 Non- Bindinz: This proposal is not binding on any party hereto. This Letter of Intent serves only to express the intent of the parties hereto. Either party may amend or withdraw from negotiations at any time until a final lease document is executed. Please contact me with your comments and any questions. We look forward to working with you on this opportunity. Sincerely, I cmwcwl John J. Johannson Vice President - Retail 612 -897 -7750 Attachment c: Bob Shadduck, Jerry's Enterprises (w /attachment) Tim Stoltman, Larkin Hoffman Daly & Lindgren (w /attachment) Jane Chambers, City of Brooklyn Center (w /attachment) Terms of Letter of Intent Acknowledeed and Agreed to: BY: CITY OF BROOKLYN CENTER BY: Its: I Date: ilwkh* stretailWlbrookdalecornerViquor loi 32399.doc A xe SOAP ---------- New Leh Turn Lane / J - ----------- •�_ ...... ._... - . / -------------- r -- ---- -------- - --- -- - ylon si . � 1111 11111. ` t i ; Contact: jo johannson Welsh Companies, Inc. 8200 Normandale Boulevard, Suite 200 Bloomington, Minnesota 55437 ' 612.897.7750 - -`�, ��, �•• ' �/'� - �. ' '' con BXISTWC A ffiBSHFlEI D S CUB FOODS _r�c'u. - „ • ��' Z pylon Sign y Fy4- Sign ,• I ` PIM Internetion :.� B SAS SQUARE MANT i� Site Plan Righ►i -t ,aQ • BROOKDALE C ORNER ty pes' Brooklyn Center, MN CAMW L N ST. &noble LW JUN-03 -1999 14 =52 612 569 3494 P.02/02 • - 20 X' 5% RT COOS z + , -+ ¢ o O x A 0 a� p I I ! Z A l . - 6 -- 7.%� FT of Wt%TQQW —�•� ' fe0 FT 15 FT ----� TOTAL P.02 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, L man, Nelson, and Peppe FROM: Michael J. McCauley, City Manager' DATE: June 9, 1999 SUBJECT: Recreational Vehicle Parking Sometime ago a citizen wrote requesting discussion by the Council of recreational vehicle parking. Under the current Ordinance, large recreational vehicles may be parked in residential driveways and yards, even though similar resized commercial vehicles would be prohibited. The anonymous letter writer also called to follow up on her letter, without identifying herself. I indicated to her that the Council would be made award of her concern and request. 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 CHAPTER 19 - PUBLIC NUISANCES AND PETTY OFFENSES NUISAN - GENERALLY Section 19 -101. PUBLIC NUISANCE DEFINED. Whoever, by act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth herein: 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; or 2. Interferes with, obstructs, or renders dangerous for passage, public streets, highway or right of way, or waters used by the public; or 3. Is guilty of any other act or omission declared by statutory law, the common law, or this ordinance to be a ublic nuisance whether or not an sentence is specifically provided p � y Pe y Pro therefor; or 4. Permits real property under his or her control to be used to maintain a public nuisance or rents the same, knowing it will be so used. Section 19 -102. DEFINITIONS. The following words, when used in this ordinance, shall have the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fiuit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. 3. Garbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. City of Brooklyn Center 19 -1 City Ordinance 4. Accumulations of rubbish as defined herein. 5. The dumping of any effiuent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds; or any other vegetation which endangers. public health, safety or welfare, or which is contraband within the meaning of state or federal laws. 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or'sparks in quantities which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment_ and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front -end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck- tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. City of Brooklyn Center 19 -2 City Ordinance b) Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35 -111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. 13. The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all- terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. City of Brooklyn Center 19 -3 City Ordinance b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. c) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used properly must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. Section 19 -104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 1. Three or more dogs, six months old or older, unless a kennel license is obtained. 2. Four or more cats six months old or older, unless a kennel license is obtained. 3. Chickens and other domestic fowl. 4. Live wild animals not native to Minnesota, except household pets confined to a cage within a dwelling. 5. Live wild animals native to Minnesota which in their wild state pose a threat to humans or domestic animals, including but not limited to, wolves, bear, cougar, lynx and bobcat. 6. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. City of Brooklyn Center 19-4 City Ordinance Public Copy • CITY COUNCIL MEETING City of Brooklyn Center June 14, 1999 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. - Reverend Joseph Kim, Korean Presbyterian Church of Minnesota 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. Study Session - May 24, 1999 2. Regular Session - May 24 1999 � Y b. Licenses C. Raffle Application for Exemption from Lawful Gambling License from Hazelden d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Resolution Authorizing the City of Brooklyn Center to Act as Fiscal Agent for the 1999 -2001 Minnesota Department of Children, Families and Learning, After School • Enrichment Grant CITY COUNCIL AGENDA -2- June 14, 1999 f. An Ordinance Amending Chapters 6, 11, 21, and 23 of the City Ordinances Adding Sections Regarding Computerized Criminal History and Driver's License History Inquiries - Motion to approve first reading and set July 12, 1999; for public hearing and second reading. 7. Public Hearings a. An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Control of Noxious Weeds -This item was first read on May 10, 1999; published in the official newspaper on May 19, 1999; 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. An Ordinance Amending Chapter 3 of the City Ordinance Regarding the Minnesota State Building Code -This item was first read on May 24, 1999; published in the official newspaper on June 2, 1999; 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. 8. Council Consideration Items a. Mayoral Appointment to Financial Commission - Requested Council Action: - Motion to ratify Mayoral nomination. b. Resolution Acknowledging Donations from the Brooklyn Center Lions Club for Arbor Day Program and Police Equipment - Requested Council Action: - Motion to adopt resolution. • • CITY COUNCIL AGENDA -3- June 14, 1999 C. Resolution Accepting a Proposal and Awarding a Contract for Professional p g p g Services for a Study of Various TH 100 Traffic Issues - Requested Council Action: - Motion to adopt resolution. d. Resolution Authorizing Issuance of a Currency Exchange License to Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center - Requested Council Action: - Motion to adopt resolution. e. Resolution Awarding Contract for Furniture and Equipment for the New Police Station, Project No. 1998 -09 - Requested Council Action: - Motion to adopt resolution. f. Report on Code Enforcement - Requested Council Action: -City Manager will provide verbal update. 9. Adjournment • City Council Agenda Item No. 6a 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 • STUDY SESSION MAY 24, 1999 CITY HALL CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, and Recording Secretary Maria Rosenbaum. 1. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed a few items for clarification. 2. DISCUSSION OF JUNE 7, 1999, JOINT DISCUSSION (MEETING) WITH • FINANCIAL AND PARK AND RECREATION COMMISSIONS City Manager Michael McCauley requested June 7, 1999, for a joint meeting with the Financial and Park and Recreation Commissions. It was the consensus of the Council to approve June 7, 1999, at the City Council meeting. 3. TECHNOLOGY USED TO COMMUNICATE WITH COUNCIL Mr. McCauley reported this item will be brought back at a later date for Council discussion. 4. SIGN ORDINANCE REVIEW: CHAMBER OF COMMERCE Council discussed the sign ordinance review. It was the consensus of the Council to have Mr. McCauley ask the Chamber of Commerce if this issue could be an item for discussion at the joint meeting with the Council. 5. 2000 BUDGET The Council re- affirmed its policy that entities requesting funds from the City are responsible for requesting and submitting the appropriate application forms by June 1, 1999. • 05/24/99 -1- DRAFT 6. MISCELLANEOUS • Council discussed phone calls received from citizens regarding the following: * Mowing on Brooklyn Boulevard * Request for one open burning fire per day /night * Skate park request * Furniture supply company 7. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the study session at 6:44 p.m. Motion passed unanimously. City Clerk Mayor • 05/24/99 -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 MAY 24, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, e y y gn ss, Councilm tubers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. • Penny Brown, a resident of Brooklyn Center who lives and owns an apartment building on Azelia Avenue, appeared to discuss her concern about the Joslyn pole yard site project. Ms. Brown shared with the Council a suggestion of having an access before France Avenue through the pole yard site to eliminate traffic through the residential area. Council discussed further and Mr. McCauley reported that the next stage would be the platting of right -of -way. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. • 05/24/99 -1- DRAFT 4. 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/HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Housing Commission's City Tour May 18, 1999, and the Northwest Cable Commission meeting on May 20, 1999. Councilmember Lasman reported that she attended the Crime Prevention meeting on May 18, 1999. She shared that there will be a kids' safety camp offered this summer and that anyone interested should contact the Community Center for more information. Mayor Kragness reported that she attended the 1999 spring luncheon for Discover the Center on May 18, 1999, and that the event turned out very nice. Councilmember Peppe reported that he attended the May 13, 1999, Financial Commission meeting and that more Civic Center buildin g options tions were discussed. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. j 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the study session and regular session on May 10, 1999. Motion passed unanimously. 6b. LICENSES AMUSEMENT DEVICE - OPERATOR Scoreboard Pizza 6816 Humboldt Avenue North AMUSEMENT DEVICE - VENDOR D.V.M. Inc. 296 North Pascal, St. Paul i 05/24/99 -2- DRAFT • MECHANICAL SYSTEMS Anderson Heating and Air Conditioning, Inc. 4347 Central Avenue NE, Columbia Heights Blaine Heating, Air Conditioning & Electric, Inc. 13562 Central Avenue NE, Anoka Fore Mechanical, Inc. 3520 - 88th Avenue NE, Blaine P.R.S. Mechanical, Inc. P.O. Box 68111, Minneapolis Residential Heating and Air 1815 East 41st Street, Minneapolis RENTAL DWELLING Initial: Horace Li 5211 Xerxes Avenue North Scott French 5245 -5247 Drew Avenue North Valerie McKessuck 1316 68th Lane North Renewal: David Wagtskjold 6854 West River Road Heidi Amundsen 18924 Chestnut Lane James/Bobbie Simons 4210 Lakebreeze Avenue North Outreach Community Center 507 69th Avenue North TOBACCO RELATED PRODUCT Humboldt Texaco 6840 Humboldt Avenue North 6c. ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCE REGARDING THE MINNESOTA STATE BUILDING CODE A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set June 14, 1999, for public hearing and second reading. Motion passed unanimously. 6d. RESOLUTION DECLARING EARLE BROWN DAYS A CIVIC EVENT FROM JUNE 24,1999, THROUGH JUNE 27,1999 RESOLUTION NO. 99-81 Councilmember Lasman introduced the following esolution and moved its adoption: g p RESOLUTION DECLARING EARLE BROWN DAYS A CIVIC EVENT FROM JUNE 24, 1999, THROUGH JUNE 27, 1999 The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Nelson. Motion passed unanimously. 6e. RESOLUTION EXTENDING CONTRACT FOR TELEPHONE SYSTEM RELATED TO CONSTRUCTION OF NEW POLICE STATION 1998 -09 • 05/24/99 -3- DRAFT RESOLUTION NO. 99-82 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXTENDING CONTRACT FOR TELEPHONE SYSTEM RELATED TO CONSTRUCTION OF NEW POLICE STATION 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99-83 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION AUTHORIZING THE PURCHASE OF TANDEM DUMP TRUCK ACCESSORIES RESOLUTION NO. 99 -84 Councilmember Lasman introduced the following esolution and moved its adoption: g p RESOLUTION AUTHORIZING THE PURCHASE OF TANDEM DUMP TRUCK ACCESSORIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6h. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-25, REPLACEMENT OF SIGNAL LAMPS WITH LEDs RESOLUTION NO. 99-85 Councilmember Lasman introduced the following resolution and moved its adoption: • 05/24/99 -4- DRAFT • RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -25, REPLACEMENT OF SIGNAL LAMPS WITH LEDs The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6i. RESOLUTION APPROVING CHANGER ORDER NUMBERS 1, 2 AND 3, IMPROVEMENT PROJECT NO. 1997-10, CONTRACT 1998 -B, SCADA AND INTRAC REPLACEMENT SYSTEMS RESOLUTION NO. 99-86 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGER ORDER NUMBERS 1, 2, AND 3, IMPROVEMENT PROJECT NO. 1997 -10, CONTRACT 1998 -B, SCADA AND INTRAC REPLACEMENT SYSTEMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. • 7. PLANNING COMMISSION ITEM 7a. PLANNING COMMISSION APPLICATION NO. 99005 SUBMITTED BY RYAN COMPANIES US, INC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 203,040 SQ. FT. FURNITURE DISTRIBUTION CENTER AS THE FIRST PART OF THE REDEVELOPMENT OF THE OLD JOSLYN POLE YARD SITE (4837 FRANCE AVENUE NORTH). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 13,1999, MEETING. Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 99005 submitted by Ryan Companies US, Inc. request for site and building plan approval for a 203,040 square foot furniture distribution center as the first part of the redevelopment of the old Joslyn pole yard site (4837 France Avenue North). The Planning Commission recommended approval of this application at its May 13, 1999, meeting. Mr. Warren briefly outlined the proposal from the applicant and the area map showing the location of the property under construction. The applicant proposes in this phase of the redevelopment to construct a 203,040 square foot furniture distribution center on a 12.24 acre portion of the property. • 05/24/99 -5- DRAFT This property is listed as a Federal superfund site and has been undergoing a clean up to an industrial standard under a supervised agreement with the Minnesota Pollution Control Agency. The clean up has proceeded to the point where Real Estate Recycling, which is now Twin Lake Business Park, LLC, has reached an agreement to acquire the site as well as adjoining property (Davies Water Company and the off site parking lot for the Highway 100 France Avenue Racquet and Swim Club) and hopes to redevelop the property. All of this property will eventually be incorporated into their redevelopment proposal in various phases. Councilmember Nelson suggested since there had been no public hearing on this issue to open the discussion for public input. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to open discussion for public input. Motion passed unanimously. Charles Nichols, 4812 Lakeview Avenue North, addressed the Council regarding his concern about noise pollution. Marian Cornell, 4801 Twin Lake Avenue North, addressed the Council with her concern about the project site planning and the safety of children in the area. Curt Erickson, 4809 Twin Lake Avenue North, addressed the Council regarding his concern about the families living in the area. Council discussed the property further with Paul Hyde, Real Estate Recycling. Councilmember Hilstrom requested preliminary approval and that staff continue work with Mn/DOT on neighborhood impact issues. Mr. McCauley reminded the Council that the approval tonight was to approve this development with access from Azelia Avenue and that the final layout for phases two and three would be part of the platting process. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to close the discussion of public input. Motion passed unanimously. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve Planning Commission Application No. 99005 subject to the following conditions and to have staff and residents work with Mn/DOT: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. • 05/24/99 -6- DRAFT • 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signage which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is allowed as access to the fire access road. 9. The applicant shall submit an as-built survey of the property, improvements and • utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The applicant shall execute an appropriate easement agreement for the extension of Azelia Avenue and a 120 foot diameter cul -de -sac in a manner approved by the City Engineer with the form and content of the easement agreement being approved by the City Attorney. 15. The plans shall be modified prior to the issuance of permits to provide ten additional coniferous trees along the south green strip /drainage swale to provide appropriate screening from the residential property to the south. • 05/24/99 -7- DRAFT 16. The applicant shall enter into a proof of parking agreement acknowledging a parking . requirement of 287 parking spaces and that they will install up to 187 additional parking spaces on the site upon a determination by the City that any or all of these parking spaces are required. Said proof of parking agreement shall be executed and filed with the title to the property prior to the issuance of building permits. 17. There shall be no dead storage of trailers on the site. Said vehicles are to be parked or stored at loading dock areas only. 18. The City shall receive assurance that the proposed plans for development meet the Minnesota Pollution Control Agency's requirements and standards for redevelopment prior to the issuance of building permits for this project. 19. The applicant is responsible for the cost and construction of roadway improvements to Azelia and Lakebreeze Avenues necessitated due to this development. The necessary improvements shall be determined by the City Engineer. Motion passed unanimously. S. PUBLIC HEARINGS 8a. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENT, EARLE BROWN DRIVE 1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS IMPROVEMENT PROJECT NO. 1999 -14 STREET IMPROVEMENTS, EARLE BROWN DRIVE 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley suggested opening the public hearing for resolution ordering improvements, approving plans and specifications and authorizing advertisement for bids, and resolution certifying special assessments for Improvement Project No. 1999 -14. • 05/24/99 -8- DRAFT • A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -87 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999- 14, STREET IMPROVEMENTS, EARLE BROWN DRIVE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion assed . unanimous) p Y RESOLUTION NO. 99-88 Councilmember Lasman introduced the following resolution and moved its adoption: ado . g p RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Nelson. Motion passed unanimously. 8b. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMTROVEMENTS, 66TH AND CAMDEN AVENUES 1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999-10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES • 05/24/99 -9- DRAFT 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR • IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES, TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley suggested opening the public hearing for resolution ordering improvements, approving plans and specifications and authorizing advertisement for bids; closing the public hearing; and then opening the public hearing for public input and continuing the resolution certifying special assessments for this project per the developer's request. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing for resolution ordering improvements, approving plans and specifications and authorizing advertisement for bids. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -89 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999- 10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to open the Public Hearing for resolution certifying special assessments for Improvement Project No. 1999 -10, street and signal improvements, 66TH and Camden Avenues, to the Hennepin County tax rolls. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to continue Public Hearing to June 28, 1999. Motion passed unanimously. • 05/24/99 -10- DRAFT • 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2000 -2002 Mr. McCauley discussed this resolution would authorize the execution of a joint cooperation agreement between the City of Brooklyn Center and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant Program in FY 2000 -2002. RESOLUTION NO. 99 -90 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2000 -2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9b. PRIVATE AUCTION Mr. McCauley reported the City contracted with Anoka - Fridley Auctions in 1998 and that the City's experience with using private auction services was substantially lower; however the net revenue is fairly close to that which was previously achieved. Auction proceeds for 1996, 1997, and 1998 were discussed from materials prepared by Police Chief Joel Downer. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. 9c. RESOLUTION DESIGNATING TARGET NEIGHBORHOOD FOR METROPOLITAN COUNCIL HOUSING REHABILITATION INCENTIVE FUNDS Mr. McCauley discussed the Northwest Housing Resource Center operated by the Greater Minneapolis Metropolitan Housing Corporation and the cities of Brooklyn Center, Crystal, New Hope, and Robbinsdale along with the Camden neighborhood in Minneapolis was awarded funding in the amount of $792,000 for housing improvements and transit survey and marketing. • 05/24/99 -11- DRAFT The sources of the funding were $300,000 from the Minnesota Housing Finance Agency and $492,000 from the Metropolitan Council. In order to use the Metropolitan Council grant money the City had to designate a target area. Staff recommended the area in the southeast neighborhood from 53rd Avenue North on the south, Shingle Creek on the west, I -94/1 -694 on the north and the Mississippi River on the east. RESOLUTION NO. 99-91 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING TARGET NEIGHBORHOOD FOR METROPOLITAN COUNCIL HOUSING REHABILITATION INCENTIVE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9d. RESOLUTION AWARDING CONTRACT FOR DISPATCH EQUIPMENT FOR THE NEW POLICE STATION 1998 -09 Mr. McCauley discussed the rebid for dispatch equipment was on May 13, 1999. One of the bidders had concern with the failure of two of the three other bidders failure to supply notice of intent. The City Attorney discussed there is no impediment to awarding to the low bidder due to failure to notify of intent to bid. The City Attorney's recommendation was to amend the resolution before the Council to add the following: WHEREAS, the instructions to bidders for the purchase of the equipment required that all bidders submit a notice of intent to submit a bid by a stated time and date; and WHEREAS, the purpose of such requirement was to enable the City to determine whether a pre -bid conference would be advisable; and WHEREAS, Orbacom did not submit such a notice to the City; and WHEREAS, the specifications authorize the City Council to waive defects in any proposal and to accept the proposal that appears, in the opinion of the Council, to be most advantageous to the City; and WHEREAS, the Council has determined that the failure to notify the City of intent to bid was not a material defect, did not give any advantage to Orbacom in the bidding process, and did not affect the bidder's price or other essential contract term; and that therefore failure to give the City such notice did not frustrate or contravene the purposes of the public bidding process and should be waived in the interest of the public. • 05/24/99 -12- DRAFT • RESOLUTION NO. 99-92 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION AWARDING CONTRACT FOR DISPATCH EQUIPMENT FOR THE NEW POLICE STATION 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9e. SET DATE AND TIME OF A JOINT MEETING WITH THE FINANCIAL COMMISSION AND THE PARK AND RECREATION COMMISSION Mr. McCauley requested June 7, 1999, 7:00 p.m. in the Council Chambers for a joint meeting with the Financial Commission and the Park and Recreation Commission. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to set June 7, 1999, 7:00 p.m. for a joint meeting with the Financial Commission and the Park and Recreation Commission. Motion passed unanimously. 9f. REPORT ON WATERSHED STUDY OF TWIN LAKE Mr. McCauley reported the Shingle Creek WMO has begun a diagnostic study on the Twin Lakes and their watershed. The intent of the study is to evaluate the sources and magnitudes of pollutants, and to identify possible measures for improving water quality in the lakes. Councilmember Hilstrom asked if lake residents would be notified. Mr. McCauley indicated that within the next few weeks information will be prepared to mail to lakeshore residents. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to accept report. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the meeting at 8:35 p.m. Motion passed unanimously. City Clerk Mayor • 05/24/99 -13- DRAFT City Council Agenda Item No. 6b 031 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: June 9, 1999 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 June 14, 1999: AMUSEMENT DEVICE - OPERATOR Earle Brown Bowl 6440 James Circle • Yun's Restaurant 6405 James Circle North AMUSEMENT DEVICE - VENDOR American Amusement Arcades 2100 West 96th Street, Bloomington Metro Coin, Inc. 8055 Ranchers Road NE, Fridley COURTESY BENCH Ameribench Company 4215 Winnetka Avenue, New Hope GARBAGE COLLECTION VEHICLE The Mengelkoch Company 119 NE 14th Street, New Brighton Walz Brothers Sanitation, Inc. P.O. Box 627, Maple Grove MECHANICAL SYSTEMS Advantage Air, Inc. 325 130th Street West, Shakopee Doody Mechanical Inc. 520 Front Avenue, St. Paul Louis DeGidio Services, Inc. 6501 Cedar Avenue South, Minneapolis Quality Air, Inc. 10830 Magnolia Street NW, Coon Rapids • 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 • Page 2 Licenses for Council Approval June 14, 1999 RENTAL DWELLING Initial: Samuel and Virginia Ng 5209 Xerxes Avenue North Renewal: Alvin Moline 7106 France Avenue North David Theisen 5601 Lyndale Avenue North Hearthstone Properties 6012 Zenith Avenue North SIGN HANGER All -Brite Sign, Inc. 5223 Lakeland Avenue North • • City Council Agenda Item No. 6c ��pOKLYN CINr� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: May 28, 1999 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) Hazelden • On May 28, 1999, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from Hazelden. This application is for an event to be held at the Earle Brown Heritage Center, 6155 Earle Brown Drive, on Friday, October 15, 1999. This application has been approved and will be returned to the Hazelden representative after City Council review. The representative 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. /Jo,oMowner ( --,-thief of Police JD:kh • Page 1 of 2 For Board Use Only Minnesota Lawful Gambling 1 0 /9 8 Fee Paid Application for Exempt Permit - LG220 Check No. . Initials Organization Information Received Organization name Previous lawful gambling exemption number 0aZeI c\ Street City State/Zip Code County �2yS ��- ec�sc�.�k- Uc�tt�,,, C�►�� -ec.r C�. J M t� Selz C�1rsAc� Name of chief executive officer (CEO) of organization Daytime phone number O First name Last name CEO: ( ( I Z 13 AI o0 Name o teasurer of organization Daytime phone number of First name Last name treasurer. Z13 -LjZz Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran 0 Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization . ❑ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO box) City State/Zip Code County r SC � . �'� CG.:r l e >, -1 �. We" >r k n iC�nk-e �1 hJ ��{3C Date(s) of activity (for raffles, indicate the date of the drawing) Cc -vber 15, O Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ "Bingo ® Raffles ❑ *Paddlewheels F]-Pull-Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order; other individuals • qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Page 2 of 2 Application for Exempt Permit - LG220 10198 • Organization Name. Local Unit of Government Acknowledgment (Required by Statute) On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2• Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). (Signature of county personnel receiving application) Print a of city: Brooklyn Center Title Date l sh� J�ffl�. (Signature of city personnel receiving application) On behalf of the township, I acknowledge that the Title City Clerk organization is applying for exempted gambling activity within the township limits. Date __ 5 I 9 8 l 11_ A township has no statutory authority to approve or deny • an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date / 1 Chief Executive Officer's Signature The information provided in this applicati is complete accurate to the best of my knowledge. w Chief Executive Officer's signature Name (please print) S-e.l -r-v SPrcr✓ Date Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South • Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. Application for Exempt Permit - LG220, Information Sheet 10/98 Who may be issued an An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity • exempt permit? on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications Complete a separate application for each occasion. An occasion may be either: required 1. One day of gambling activity. • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. 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C:........1.,. ,.::::...,...:.:: <.:.::.,:.:,......:.:..:......_ ........... :.. a , co a eein s '::.. a _..: n m . 0 art :- ::::.:•_:'�� .:::::'..:.._:..:::,:.::::::-;:..;, :::.:;::::- ::wetter ` ini'a tw :' :o anrza n ......:.... ...::........: . Root44'1 : 52 ?G h Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report and • On the first working day of the month in which your gambling activity is being held, the Gambling recordkeeping required Control Board will send your organization a financial report form and instructions. • Complete and return the financial report form to the Board within 30 days of your date of activity. • Your organization must keep your gambling records for 3 -1/2 years. Questions? - Call - the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you • can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651 - 639 -4000. City Council Agenda Item No. 6d • MEMORANDUM DATE: June 8, 1999 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide��- SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. I • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ------------------------------------------------------------------------------------------------- ELAINE COLLINS 5837 UPTON AVE N 18 GEORGE MOYE 3007 68TH AVE N 19 MARK & TERRI ANN OINE 5826 ALDRICH AVE N 20 SAMIR & YASMIN KANEISH 6406 FREMONT AVE N 21 BRYANT COOLEY 6138 BRYANT AVE N 22 ANDREW & MELANIE DOWLING 5319 OLIVER AVE N 23 TERRY & PAULA HARTWIG 5549 JAMES AVE N 24 WAYNE & JANET JAAX 2328 BROOKVIEW 25 ERNEST & JUDY MORGAN 5817 BROOKLYN BLVD 26, 27 & 28 PAUL FAGERHAUGH 5445 CAMDEN AVE N 29 & 30 THOMAS & DESIREE TARNELL 6725 5TH STREET N 31 TIMOTHY & DONNA STODERL 5455 HUMBOLDT AVE N 32 LOIS MUELLER 6409 XERXES AVE N 33 PATRICIA WACHA 5448 DUPONT AVE N 34 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. 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. I City Council Agenda Item No. 6e • MEMORANDUM DATE: June 19, 1997 TO: Michael J. McCauley, City Manager j FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Authorizing the City of Brooklyn Center to Act as Fiscal Agent for the 1999 -2001 Minnesota Department of Children, Families and Learning, After School Enrichment Grant During the past three years, the City has been actively involved in an after school enrichment grant program, established by the Minnesota Department of Children, Families and Learning. The intent of the grant is to provide alternate afternoon activities for at -risk youth ages 9 -13. This is a competitive grant program that requires agency collaboration and cooperation. The Brooklyn Center collaborative committee includes representatives from our four school districts, the YMCA, Northwest Hennepin Human Services Council, Hennepin County, Camp Fire and the City. This collaborative approach provides an outlet to utilize the skills and resources of the respective agencies. • This approach has worked well and the level of cooperation has been impressive. In total, more than 6,000 students (duplicated count) will be involved in grant related programming during the 1998 -99 ran year. g Y Although the CARS Department may not receive grant monies directly, we have been involved by providing program assistance for elementary after school programs and the summer program at the Family Resource Center. In addition, staff has facilitated all grant planning and evaluation meetings. In an effort to continue our active involvement, we our seeking City Council approval to act as fiscal agent for this year's grant application. The grant application is for the 1999 -2001 period. Responsibilities of the fiscal agent include attendance at all grant meetings, appropriate record keeping, issuance of checks, facilitation of grant meeting agendas and coordination of program evaluations. As compensation for our efforts, the grant authorizes some reimbursements for fiscal agent expenses and for the program evaluation process. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS FISCAL AGENT FOR THE 1999 -2001 MINNESOTA DEPARTMENT OF CHILDREN, FAMILIES AND LEARNING, AFTER SCHOOL ENRICHMENT GRANT WHEREAS, the City has been actively involved in an after school enrichment grant program, established by the Minnesota Department of Children, Families and Learning; and WHEREAS, this is a competitive grant program that requires agency collaboration and cooperation; and WHEREAS,' the Brooklyn Center collaborative committee is comprised of representatives from our four school districts, the YMCA, Northwest Hennepin Human Services Council, Hennepin County, Camp Fire and the City; and WHEREAS, the City has recently received word that the grant has been extended for an additional two years; and WHEREAS, the Community Activities, Recreation and Services Department has served as the grant's fiscal agent for the past two years; and WHEREAS, the Brooklyn Center Collaborative is making application for grant funds for the period 1999 -2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: The City of Brooklyn Center's Community Activities, Recreation and Services Department is hereby authorized to act as fiscal agent for the 1999 -2001 Minnesota Department of Children, Families and Learning, After School Enrichment Grant. 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 • City Council Agenda Item No. 6f 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: June 9, 1999 SUBJECT: AN ORDINANCE AMENDING CHAPTERS 6, 11, 21, AND 23 OF THE CITY ORDINANCES ADDING SECTIONS REGARDING COMPUTERIZED CRIMINAL HISTORY AND DRIVER'S LICENSE HISTORY INQUIRIES Attached is an ordinance amendment which would authorize the City of Brooklyn Center to conduct computerized criminal inquiries and driver's license inquiries on job applicants and various license applicants (i.e. taxicab drivers). The Police Department is capable of conducting such inquiries through the Criminal Justice Information System; however, the BCA (Bureau of Criminal Apprehension) requires that the City authorize the inquiry by ordinance, otherwise the inquiries are unauthorized and the Police • Department is unable to conduct such inquiries. Charlie LeFevere and Corrine Thomson of Kennedy & Graven have both reviewed the draft ordinance and are satisfied with the language. The ordinance is offered June 14, 1999, for a first reading; if approved by Council, second reading and public hearing would be set for July 12, 1999; effective date would be August 20, 1999. Attachment • 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 Notice is hereby given that a public hearing will be held on the 12th day of July, 1999, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 6, 11, 21, and 23 of the City Ordinances adding sections regarding computerized criminal history and driver's license history inquiries. 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 CHAPTERS 6,11, 21, AND 23 OF THE CITY ORDINANCES ADDING SECTIONS REGARDING COMPUTERIZED CRIMINAL HISTORY AND DRIVERS LICENSE HISTORY INQUIRIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Section 6 -125 as follows: Section 6 -125. COMPUTERIZED CRIMINAL HISTORY AND DRIVER'S LICENSE HISTORY INOUIRIES. 6- 125.10. Purnose. The numose of this Section is to authorize the Citv of Brooklyn Center to conduct computerized criminal history and driver's license history inquiries on persons who are finalists for employment positions in the City and who are volunteers in Citv programs providing services to children or vulnerable adults. Nothing in this Section shall be construed to preclude the Citv from conducting comprehensive background investigations of applicants for City employment positions. including but not limited to accessing public data through other automated and non - automated sources and contacting references. Nothing in this Section shall also he construed to preclude the Citv from periodically conducting a driver's license inauiry upon emnlovees or volunteers where possession of a valid driver's license is an essential aualification of the position. 6- 125.20. Definitions. For purposes of Section 6 -125_ the following terms have the meanings given them: a. "Computerized criminal history inauiries" means criminal histories, obtained through the Criminal Justice Information Svstem. b. "Driver's license history inquiries" means driver's license violations recorded by the State Department of Public Safetv. • ORDINANCE NO. 6- 125.30. Findings. The City of Brooklyn Center makes the following findings regarding the need to conduct computerized criminal history and driver's license history inquiries on nersons who are finalists for City positions and who are applving to volunteer in Citv programs providing services to children or vulnerable adults. recognizing that the City of Brooklvn Center has significant interest in protecting the general public in the performance of government services. a. Certain Citv emplovees and volunteers work independently with and provide public services to some of the moct vulnerable members of societv: children. senior citizens. developmentally disabled individuals, and mentally ill persons. Protection of these, vulnerable persons warrants the investigation of persons who are finalists to fill these certain, employment positions with the City and who are a_p_nly_ ing_ to volunteer in City programs that provide services to these members of the public. b. Some City employees work closely with public funds and accounts and, are in employment positions that have access to property or assets of the Citv where losses are difficult to detect or prevent. In order to minimize the risk that the public trust will be violated,, computerized criminal history inquiries of those individuals who are finalists to be emnloved in such positions are necessary. • c. Several City employees enter the private homes of City on a, regular basis in the performance of necessary and worthwhile public services. Computerized, criminal history inaum — es on persons who are finalists for such positions are deemed necessary_ to minimize the risk that the personal safety of residents in their homes will be violated., d. Many City emplovees and some volunteers operate. on a regular basis. heavv machinerv. street maintenance equipment. and/or other Citv -owned motor vehicles on public rights- of -way. In order to minimize the loss of public property and the loss of life in, serious traffic accidents. computerized criminal history and driver's license history inquiries of finalists for such nositions are appropriate. e. In accordance with the state nolicv of encouraging the rehabilitation of criminal offenders. the comp uerized criminal, history and driver's license history inquiries prescribed herein shall not he an automatic bar to public employment but rather used in assessing, the rehabilitation of the finalist in accordance with Minnesota Statutes. Sections 364.01 to, 364.10. f. This ordinance cannot guarantee that certain ¢nouns or individuals will be protected from the criminal acts of employees or volunteers: rather. its intent is to minimize, certain risks in the performance of government services to the general public. • ORDINANCE NO. 6- 125.40. Authorization. The citv manager or the city manager's designee is authorized to conduct computerized criminal history and driver's license history inquiries in accordance with the following procedures: a. Only persons who are finalists for positions of emplovment with the Citv or who are applvin , to volunteer in Citv programs providing services to children or vulnerable adults shall be subiect to the computerized criminal history and driver's license history inquiries, prescribed therein. b. The _person who is a finalist for a position with the Citv shall be presented with an informed consent form indicatin¢ that the person may consent to the computerized criminal history inquiry and/or driver's license history inauiry or may refuse. If the finalist refuses to consent. the person shall not be allowed to continue in the emplovment process for the position sought. c. Persons who are annlving to volunteer in programs that provide services to children or vulnerable adults shall be notified that computerized criminal history and/or driver's license history inouiries will be conducted prior to their participation in the program. 6- 125.50. Good Faith Reliance on Record Accuracv. The Citv may in good faith . rely on the accuracv of the criminal history information received from federal, state, and county authorities in conducting the computerized criminal history or driver's license history inauiry prescribed herein. s SECTION 2. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended by renumbering Section 6 -125 to be Section 6 -126. SECTION 3. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended by renumbering Section 6 -126 to be Section 6 -127. SECTION 4. Section 11 -103 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: 3.2 PERCENT MALT LIQUORS Section 11 -103. APPLICATIONS FOR LICENSE. Subdivision 2. Every application shall be referred to the chief of police review as to whedier the applieaM meets the reqttirements of the ordinanee as to moral eharaete.r and past aff�ftses, if . The chief of police or his/her designee is empowered to conduct any and all investigations to verify the information on the application. including ordering a computerized criminal history inauiry obtained through the Criminal Justice Information Svstem • and/or a driver's license history ancauiry� recorded by the State Department of Public Safetv on ORDINANCE NO. the applicant. An investigation fee as set by city council resolution shall accompany each application. The chief of police shall estimate the actual costs of investigation after preliminary review, notify the applicant of the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeds the minimum but which remains unused after completion of the investigation shall be returned to the applicant. SECTION 5. Section 11 -507 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: CLUB INTOXICATING LIQUOR LICENSE Section 11 -507. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police, and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The chief of police or his/her designee is empowered to conduct anv and all investigations to verifv the information on the application. includine ordering a computerized criminal history inauiry obtained through the Criminal Justice Information Svstem and /or a driver's license history inauiry as recorded by the State Department of Public Safety on the applicant. The chief of police the inf&- shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. SECTION 6. Section 11 -608 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: WINE (INTOXICATING LIQUOR) LICENSES Section 11 -608. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police, and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The chief of police or his/her designee is empowered to conduct anv and all investigations to verify the information on the application. including ordering a computerized criminal history inauiry obtained through the Criminal Justice Information Svstem and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The chief of police requ &11 be need shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. • ORDINANCE NO. SECTION 7. Section 11 -708 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: INTOXICATING LIQUOR LICENSES Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police, and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The chief of police or his/her designee is empowered to conduct anv and all investigations to verifv the inform.at. on. on the application. including ordering_ a computerized criminal history inauiry obtained through the Criminal Justice Information System and/or a driver's license history mauiry as recorded by the State Den_ artment of Public Safetv on the applicant. The chief of police f the ilarmatiei3 shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. SECTION 8. Section 21 -102 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 21 -102. LICENSE REQUIRED. No person shall operate or permit a • taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab license. Provided, however, that any taxicab licensed to operate in any other municipality of this State may carry passengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center without being licensed under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the city clerk for such license and must be at least eighteen years of age, must conform to applicable laws of Minnesota, and must furnish to the city clerk information covering each vehicle to be so licensed, giving the full name and address of the owner, the class and passenger - carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use, the make of vehicle, the vehicle registration number, and such other information as the city clerk may require. The citv clerk or his/her designee is empowered to conduct. any and all investigations to verifv the information on the application. including ordering a computerized criminal history inauiry obtained through the Criminal Justice Information System and/or a driver's license history ina_uiry as recorded by the State Denartment of Public Safetv on the applicant. • ORDINANCE NO. SECTION 9. Section 23 -003 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 23 -003. REVIEW PRIOR TO COUNCIL ACTIONS. Prior to submitting the application to the Council for approval, the Clerk shall submit the application to the appropriate municipal officer for review and comment. Said official shall issue that all ordinance requirements have been complied with, and shall furnish the Council with such additional information as may be deemed appropriate or as requested. In addition, the officer shall recommend approval or disapproval of the application, and shall when recommending disapproval, furnish the Council in writing his such reasons therefor. The citv clerk or his/her designee is empowered to conduct anv and all investigations to verifv the information on the application. including ordering a computerized criminal history inauiry obtained throuah the Criminal Justice Information Svstem and/or a driver's license history inouiry as recorded by the State Department of Public Safetv on the applicant. SECTION 10. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .1999. • Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • 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. s MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JW& DATE: June 9, 1999 SUBJECT: An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Control of Noxious Weeds On May 10, 1999, the Brooklyn Center City Council approved first reading of An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Control of Noxious Weeds. Notice was published in the City's official newspaper on May 19, 1999; the second reading and public hearing are scheduled for June 14, 1999. Included is a copy of the materials which were provided at the May 10, 1999, City Council meeting. 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 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 Mana;er FROM: Sharon Knutson, City Clerk DATE: May 5, 1999 SUBJECT: An Ordinance Amending Chapter 19 of the City Ordinances Providing for the Control of Noxious Weeds On April 22, 1999, I received correspondence from the Minnesota Department of Agriculture relating to proposed amendments to rules governing noxious weeds (see attached). As I reviewed the proposed permanent rules relating to noxious weeds, I noticed there were several amendments. I compared the proposed amendments with the City's Noxious Weed Ordinance Sections 19 -1601 through 19 -1604, and noted there were a few amendments which were necessary. I surveyed the cities of Brooklyn Park, Champlin, Crystal, Fridley, Maple Grove, New Hope, and Plymouth to find out if those cities had a weed • ordinance and asked that a copy be sent to me. In reviewing the ordinances from the surveyed cities, I noted that none of the ordinances contained a listing of the plants considered to be classified as "noxious weeds" as does Brooklyn Center's Weed Ordinance; most of the ordinances either referenced or adopted Minnesota Statutes Sections 18.76 to 18.88 "Minnesota Noxious Weed Law" and basically provided language Yp reiterating the Statutes. Attached is a draft ordinance amendment relating to the control of noxious weeds. In the draft ordinance amendment, there are two critical changes: 1) In Section 19 -1602, Minnesota Statute section numbers were updated with correct section numbers. 2) In Section 19 -1603, removal of the listing of noxious weeds, since it only lists a few plant types and is not all - inclusive. The ordinance amendment references the Rules of the Department of Agriculture which identifies all the plant types considered to be noxious weeds or prohibited. 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 ` : .�p1LB DU �..•• ` ¢lit •• )LIIIlDII Minnesota Department of Agriculture April 21, 1999 TO: Parties on the Department of Agriculture's Rulemaking Mailing List FROM Carol Milligan, ules Coordinator Commissioner's Office SUBJ: Proposed Rule of the Department of Agriculture • Enclosed you will find a Notice of Intent to Adopt a Rule Without a Public Hearing and proposed amendments to rules ovemin noxious weeds. The notice explains the 9 9 P procedures that will be followed in adopting the rule including opportunities for public comment. The notice and the proposed rules will be published in the Minnesota State Register on Monday, April 26, 1999. The 30 -day comment provided for by the Administrative Procedures ext dur.,s Act wi!! e...end from that date until May 26 1999. All comments on the proposed rule must be received by that date. If you have any questions, please call me at 651/296-6906. Enclosure • • 90 West Plato Boulevard • Saint Paul, Minnesota 55107 -2094 • (651) 297 -2200 • TTY (651) 297 - 5353/1- 800 - 627 -3529 An equal opportunity employer Minnesota Department of Agriculture • NOTICE OF INTENT TO ADOPT A RULE WITHOUT A PUBLIC HEARING Proposed Amendments to Rules Governing Noxious Weed, Minnesota Rules 1505.0734, 1505.0732, 1505.0740, and 1505.0750. Introduction. The Minnesota Department of Agriculture intends to adopt amendments to permanent rules without a public hearing following the procedures set forth in the Administrative Procedures Act, Minnesota Statutes, sections 14.22 -14.28 and rules of the Office of Administrative Hearings parts 1400.2300- 1400.2310. You have 30 days to submit written comments on the proposed amendments and may also submit a written request that a hearing be held on the amendments. Agency Contact Person. Comments or questions on the amendments and written requests for a public hearing on the amendments must be submitted to: Carol Milligan, Minnesota Department of Agriculture, 90 West Plato Boulevard, St. Paul, MN 55107: • Phone 651/ 296 -6906, Fax 651/297 -5522. TTY users may contact the Department of Agriculture through Minnesota Relay Service at 1- 800/627 -3529. Subject of Rules and Statutory Authority. The proposed amendments are about designations of noxious weeds and the establishment of a noxious weed evaluation committee. The statutory authority to adopt these amendments is Minnesota Statutes, section 18.11'9, subd. 4. A copy of the proposed amendments is ublished in the to Re mai led. p Sta ester and attached to this notice as 9 Comments. You have until 4:30 p.m. , 1999, to submit written comment in support of or in opposition to the proposed amendme s or any subpart of the amendments. Your comments must be in writing and received by the agency contact person by the due date. Comment is encouraged. Your comments should identify the portion of the proposed amendments addressed and the reason for the comment. You are encouraged to propose any change desired. Any comment you would like to make on the legality of the proposed rule must also be made during this comment period. Request for a Hearing. in addition to submitting comments, you may also request that a hearing • be held on the amendments. Your request for a public hearing must be in writing and must be received by the agency contact person by 4:30 p.m. on �1 Y� Q� , 1999. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed • amendments to which you object or state that you oppose the entire rule. Any request that does not comply with these requirements is not valid and cannot be counted by the agency for determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed amendments. Withdrawal of Requests. If 25 or more persons submit a written request for a hearing, a public hearing will be held unless a sufficient number withdraw their request in writing. If enough requests for hearing are withdrawn to reduce the number below 25, the agency must give'written notice of this to all persons who requested a hearing, explain the actions the agency took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the agency will follow the procedures in Minnesota Statutes, sections 14.131- 14.20. Modifications. The proposed amendments may be modified as a result of public comment. The modifications must be supported by the comments and information submitted to the agency, and the adopted rule may not be substantially different than the proposed amendments. If the proposed . amendments /rules affect you in any way, you are encouraged to participate in the rulemaking process. Statement of Need and Reasonableness. A Statement of Need and Reasonableness is now available from the agency contact person. This statement contains a summary of the justification for the proposed amendments including a description of who will be affected by the proposed amendments and an estimate of the probable cost of the proposed amendments. Adoption and Review of the Rules. If no hearing is required, the agency may adopt the amendments after the end of the comment period. The amended rules and supporting documents will then be submitted to the Office of Administrative Hearings for review for legality. You may ask to be notified of the date the amended rules are submitted to the office. If you want to be so notified, or want to receive a copy of the adopted amendments, or want to register with the agency to receive notice of future rule proceedings, submit your request to the agency contact person listed above. • Date Sharon Clark, Deputy Commissioner Department of Agriculture 04/06/99 [REVISOR] CEL /jC RD3009 1 Department of Agriculture Proposed Permanent Rules Relating to Noxious Weeds 3 1505.0730 PROHIBITED NOXIOUS WEEDS. 4 Subpart 1. State prohibited noxious weed list. The fig plants listed in this part 5 are onurda3iarter ei agriettiture t prohibited noxious weeds because 6 they are injurious to public health, the environment, public roads, crops, livestock, and 7 other property as. Prohibited noxious weeds- must be controlled or eradicated as 8 required in Minnesota Statutes, section 18.78. 9 Common Name Botanical Name 10 11 Field Bindweed Convolvulus arvensis 12 Hemp Cannabis saliva 13 Loosestrife, purple Lythrum salicaria, vireatum, 14 or any combination 15 Mustard garlic Alliaria petiolata 16 (formerlv alliaria officinalis) *Poison Ivy Toxicodendron radicans (formerly rhus radicansl 19 Spurge, leafy Euphorbia esula 20 Sow thistle, perennial Sonchus arvensis 21 Thistle, bull Cirsium vulgare 22 Thistle, Canada Cirsium arvense 23 Thistle, musk Carduus nutans 24 Thistle, plumeless Carduus acanthoides 25 26 *Native species to Minnesota 27 Subp. 2. Federal noxious weed list. For the purpose of this part, the plants listed in 28 the Code of Federal Regulations, title 7, section 360.200, are also prohibited noxious 29 weeds. 30 1505.0732 RESTRICTED NOXIOUS WEEDS. 31 The plants listed in this part are restricted noxious weeds whose onlv feasible means 32 of control is to prohibit the importation„ sale, and transportation of them or their • propagatin parts in the state except as provided by Minnesota Statutes, section 18.82. 1505.0732 1 Approved by Revisor 04/06/99 [REVISOR] CEL /JC RD3009 1 Common Name 1 Botanical Name • 2 3 Buckthorn, common Rhamnus cathartica 4 or European 5 Buckthorn, glossy, * Rhamnus frangula, (columnaris, 6 including all cultivars tallcole, asplenifolia, and 7 and all other cultivars 8 9 * Rhamnus frangula is a restricted noxious weed effective December 31, 2000. 10 1505.0734 NOXIOUS WEED POTENTIAL EVALUATION COMMi i i tt. 11 The commissioner shall appoint a committee comvosed of ten members and ten 12 alternate members to evaluate species for invasiveness, difficulty of control, cost of 13 control, benefits, and amount of iniury caused by them. For each species evaluated, the 14 committee shall recommend to the commissioner on which noxious weed list or lists, if 15 any, the species should be placed. Species currently designated as 'Prohibited or 16 restricted noxious weeds must be re- evaluated every five years for a recommendation 7 on whether or not they need to remain on the noxious weed lists. Members and alternates must be 'i avvointed upon the recommendation of each of the following:, 19 A. two members and alternates representing horticultural science, agronomv, and 20 forestry at the University of tv Minnesota; 21 B. one member and an alternate representing the Minnesota Nursery and 22 Landscape Association; 23 C. one member and an alternate representing the seed industry in Minnesota; 24 D. one member and an alternate from the Department of Agriculture; 25 E. one membe and an alternate from the Department of Natural Resourcesi 26 F. one member and an alternate from a conservation organization; 27 G. one member and an alternate from an environmental organization; 8 H. one member and an alternate from a farm organization; and 1505.0734 2 04/06/99 [REVISOR] CEL /JC RD3009 1 I. one member and an alternate from the Minnesota Association of County 2 Agricultural Inspectors. 3 An alternate member may serve only in the absence of the member for whom the 4 person is an alternate. 5 The committee shall select a chair and a secretary from its membership. The chair 6 shall conduct meeti and deliberatio of the committee. The secretary shall keep 7 accurate records of all meetings and deliberations and perform other duties for the 8 committee as the chair may direct. The purpose of the committee is to conduct 9 evaluations of terrestrial plant species to recommend if they need to be designated as 10 noxious weeds in the state. The enmmittee may be called into session by or at the 11 direction of the commissioner or upon direction of its chair to evaluate terrestrial plants 12 to consider recomm additions or del etions to the noxious weed lists contained in 13 parts 1505.0730 to 1505.0740. o f 1505.0740 SECONDARY NOXIOUS WEEDS. 15 The common and botanical names for secondary noxious weeds are those listed in the 16 following table. 17 Common Na me Botanical Name 18 19 Alyssum, hoary Berteroa incana 20 *Artichoke Jerusalem _ . J e Helianthus tuberosus 21 Buckwheat, wild Polygonum convolvulus 22 * Buffalobur Solanum rostratum 23 Burdock Arctium minus 24 Buttercup, tall Ranunculus acris 25 *Bracken Pteridium aquilinum 26 Carrot, wild Daucus carota 2 7 Catchfly, nightflowering Silene noctiflora 2 8 Cockle, white Lychnis alba 29 *Cocklebur, common Xanthium pennsylvanicum 30 Daisy, oxeye Chrysanthemum leucanthemum 31 Dock, curly Rumex crispus 32 Flixweed Descurainia sophia Foxtail, giant Setaria faberii *Gumweed, curlvcup Grindelia squarrosa 1505.0740 3 04/06/99 [REVISOR] CEL /JC RD3009 1 Hawksbeard, narrowleaf Crepis tectorum 40 Hawksbeard, smooth Crepis capillaris Hawkweed, orange Hieracium aurantiacum 4 Jimsonweed Datura Stramonium 5 Knapweed, Russian Centaurea repens 6 Knapweed, spotted Centaurea maculosa 7 Kochia Kochia scoparia 8 Lamb's - quarters, common Chenopodium album 9 Mallow, Venice Hibiscus trionum 10 *Marsh elder Iva xanthifolia 11 *Milkweed, common Asclepias syriaca 12 *Muhly, wire stem Muhlenbergia frondosa 13 Mustard, wild Brassica kaber 14 Nightshade, black ck Solanum nigrum 15 Nutsedge, yellow (nutgrass) Cyperus esculentus 16 Oat, wild Avena fatua 17 Panicum, fall Panicum dichotomiflorum 18 Panicum, wild proso millet Panicum miliaceum 19 Pigweed, redroot Amaranthus retroflexus 20 Pigweed, prostrate Amaranthus blitoides 21 Quackgrass Agropyron repens 22 Radish, wild Raphanus raphanistrum 23 *Ragweed, common Ambrosia artemisiifolia 0 *Ragweed, giant Ambrosia trifida *Sanbur, field long spined Cenchrus perm incertus 26 *Smartweed, Pennsylvania Polygonum pennsylvanicum 27 Smartweed (lady's thumb) Polygonum persicaria 28 Sorghum -almum Sorghum almum 29 *Sunflower, common (except Helianthus annuus 30 cultivars) 31 Tansy - Tanacetum vulgare 32 Thistle, Russian Salsola kali 33 Velvetleaf Abutilon theophrasti 34 Yellow rocket Barbarea vulgaris 35 Wooly cupgrass Eriochloa villosa 36 *Wormwood, absinthe Artemisia absinthium 37 38 *Native species to Minnesota 39 1505.0750 ADDING TO NOXIOUS WEED LIST; COUNTY NOXIOUS WEED 40 PETITION. 41 The Minnesota commissioner of agriculture may without further hearing, take a • weed or weeds from the secondary noxious weed list; in part 1505.0740; and add it to 1505.0750 4 04/06/99 [REVISOR] CEL /JC RD3009 1 , the prohibited or restricted, noxious weed list-,part in parts 1505.0730; and 1505.0732 on a county basis if: 3 A. a majority of the temp town boards and city mayors in a county petition the 4 commissioner of agriculture, on forms provided by the department, to add a weed or 5 weeds to the primary county prohibited or restricted noxious weed list on the grounds 6 that the weed or weeds are injurious to public health, the environment, public roads, 7 crops, livestock, or other property; *nd 8 B. the petition is approved by that county's board of county commissioners; and 9 C. the commissioner of agriculture deems the weed or weeds to be injurious to 10 public health, the environment, public roads, crops, livestock, or other property. • • 5 Office of the Revisor of Statutes Administrative Rules TITLE: Proposed Permanent Rules Relating to Noxious Weeds AGENCY: Department of Agriculture I MINNESOTA RULES: Chapter 1505 The attached rules are approved for publication in the State Register • Craig I Lindeke Senior Assistant Revisor CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of June , 1999, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the City Ordinances providing for the control of noxious weeds. 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 19 OF THE CITY ORDINANCES PROVIDING FOR THE CONTROL OF NOXIOUS WEEDS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -1601. CONTROL OF NOXIOUS WEEDS. It shall be the duty of every occupant of land or, if the land is unoccupied, the owner thereof, or his agent, or the public official in charge thereof, to cut down, otherwise destroy, or eradicate all noxious weeds as hereinafter defined, standing, being, or growing upon such land, except for areas within natural preserves, in such manner and at such times as may be directed or ordered by the Brooklyn Center Weed Inspector. Natural preserves shall be publicly owned lands designated as park or open space or private properties approved by the City. Section 19 -1602. ADOPTION OF STATUTES BY REFERENCE. The reaulatory provisions of Minnesota Statutes Sections 18.181 &n ' ° °' `e ' ° "' 18.76 to 18.88 "Minnesota Noxious Weed Law" are hereby adopted by re€erenee for the control of noxious weeds within the, City o Brooklyn Center. Said State reg ulations are incorporated in and made a hart of this ordinance as complet ks if put here in full. Section 19 - 1603. NOXIOUS WEEDS DEFINED. a. For purposes of this ordinance and in addition to previsietts of ?91irmese Statt*esSeetiert 18.171, ° bd ` "noxious weeds" means la ss a. - - - -jH -Nat & ro tanien! Name P cl& B in4wezd onaia IIz Cris -saga • Pu�c:� Ivy I1lrutfadieaw iptwgc;, • ORDINANCE NO. ThiAlc, 3o`Wf gene is sis ThiLtie, ball Corsi - -odlgare Tl. „clo, nask Gardtms fmtafls Tliietle, plumolc33 C Al &�-'tun Ito B ATil1 lvccd As a QuftekgT&`,3 A& oyy ov. -repem Rag +eed�oY�u....i Al Ilagw c,od—, giant 1:nbYesi tiY€ a any_ plant which is identified by the Minn esota (commissioner of Agriculture as a noxious weed or secondary noxiolis weed pursuant to Minnesota Statutes Section 18.77. Subdivision 8, b. Any weeds or grass growing to a height greater than eight (8) inches or which have gone or about to go to seed. Section 19 -1604. PENALTIES. Any person, firm or corporation violating provisions of this ordinance by failing, neglecting, or refusing to comply with the provisions • thereof, shall, upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ' 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) i - City Council Agenda Item No. 7b i • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of June, 1999, at 7:00 • p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 3 of the Brooklyn Center Code of Ordinances regarding the Minnesota State Building Code. 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 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 3 -101 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 3 -103 Permits and Inspections G. Permit Fees 6. Fee Refunds. There shall be no refund of any permit fee collected in accordance with this chapter when the fee so collected is FAy one hundred dollars ($50) 10 or less. For permits which are canceled after issuance, where no authorized work has been done, a refund of €rte ei h percent (3 0°/ of the permit fees collected in excess of W 100 may be granted; in no case shall the fees retained exceed $x-89 $150. If any work authorized by the permit has been started, the amount of fees retained, over and above the $100 maximum, shall be determined by the Building Official commensurate with the percentage of work completed. Plan checking fees are not refundable. Section 2. This ordinance amendment shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of ' 1999 Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8a i Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley C Ma Y tY g FROM: Sharon Knutson, City Clerk DATE: June 9, 1999 SUBJECT: Mayoral Appointment to Financial Commission Financial Commission one vacancy) Y) The Financial Commission is composed of a chairperson and six members. One vacancy exists with a term expiration of December 31, 2000. Notice of vacancy on the Financial Commission was published in the Brooklyn Center Sun -Post on April 7, and May 5, 1999. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from March 25 through May 27, 1999. 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 vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only is a copy of the application received: Mark Nemec 5538 Camden Avenue North A letter was sent to the applicant notifying him that his application for appointment would be considered at the June 14, 1999, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Financial Commission eo a hical distribution of current members and applicants. g !�' P PP Recommended Council Action: Motion by Council to ratify the Financial 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 Procedures for Filling Commission/Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; • 5. The City Clerk shall forward copies of the applications to the Mayor and City P PP Y t3' Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • PROCEDUR.CC 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 RobeWPe pe FROM: Myrna Kragness, Mayor DATE: June 9, 1999 SUBJECT: Financial Commission Nomination As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Mark Nemec, 5538 Camden Avenue North, to the Financial Commission with term expiring December 31, 2000. i 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 Financial Commission Geographical Distribution (Chairperson and Sig Members) Current Members June 9, 1999 Neighborhoods Southeast s Northeast Jerald Blarney 7136 Willow Lane North Gavin Wilkinson 7221 Willow Lane North Northwest West Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jay Hruska 5012 North Lilac Drive • City Council Agenda Item No. 8b. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING DONATIONS FROM THE BROOKLYN CENTER LIONS CLUB FOR ARBOR DAY PROGRAM AND POLICE EQUIPMENT WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of $300 and has designated that it be used for Arbor Day activities at Orchard Lane Elementary School; and WHEREAS, the Brooklyn Center Lions Club recently approved donations of $5,000 for the fitness room in the new police building, and $4,000 for initial startup of the bike patrol; 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 that it acknowledges the donations with gratitude and appreciation. • 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 • MEMORANDUM DATE: June 9, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Accepting a Proposal and Awarding a Contract for Professional Services For a Study of Various TH 100 Traffic Issues Numerous and various traffic issues relating to TH 100 have been identified. Many of these issues relate to decisions the Council will be asked to make in the near future: the potential extension of Azelia Avenue through the old Joslyn site and the closure of the France Avenue railroad crossing; the potential that the "frontage road" option of bringing south side Indiana Avenue traffic along a frontage road to France Avenue will require a redesign of the south side of the interchange and the access to 48th and 47th Avenues; the impact of closure of the 50th Avenue slip ramps, both for northbound and southbound traffic; and the need to jointly develop with Hennepin County a long -range plan for traffic control and signalization on Brooklyn Boulevard from TH 100 to 49th Avenue. • Some of these issues would ro erl be studied b Mn/DOT with the participation of the City p p Y Y p p Y and County. However, Mn/DOT is not prepared to turn its attention to Segment 4 until late this Fall. Decisions regarding Azelia Avenue must be made prior to that time, and the decision process on the other issues needs to continue moving and not wait so decisions may p g � Y be made in a thoughtful, not rushed manner. Accordingly, we have asked Mr. Glen Van Wormer of SEH Inc for a proposal to study these various issues and make recommendations. Mr. Van Wormer has prepared many similar studies for Brooklyn Center and other Metro communities, and has good working relationships with Mn/DOT and Hennepin County. While this would be a very "open ended" kind of study, the cost of which would depend on what we asked him to look at, he estimates the cost of such a study to be in the range of $10,000- 12,500. This would include a public informational meeting at the conclusion of the study to present the findings and recommendations. The Local State Aid Fund has funds available to finance such a study. I will also discuss with Mn/DOT and Hennepin County whether the City can receive credit or reimbursement for some portions of the cost of this study. i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING A PROPOSAL AND AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR A STUDY OF VARIOUS TH 100 TRAFFIC ISSUES WHEREAS, numerous and various traffic issues relating to TH 100 have been identified, such as the potential Azelia Avenue extension, the Indiana Avenue frontage road option, and the impact of closure of the 59th Avenue slip ramps; and WHEREAS, the City Council desires to study these issues and obtain more information and recommendations prior to making decisions; and WHEREAS a ro osal from SEH Inc has been obtained detailing a Work Plan estimated P P to cost between $10,000 and $12,500; and WHEREAS, sufficient funds are available in the Local State Aid Fund to finance this study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. The proposal from SEH Inc. is hereby accept ed. The City Manager g is hereby authorized to execute said ro osal o n behalf of the City. P p 2. All accounting for this study shall take place in the Local State Aid Fund. 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. AMW 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 651490-2000 800325-2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION May 18, 1999 RE: City of Brooklyn Center TH 100 Access SEH No. BROCT9902.00 Scott Brink City Engineer City of Brooklyn Center 6301 Shingle Parkway Brooklyn Center, MN 55430 Dear Scott: We have reviewed the information that you have provided us relative to Highway 100 and to some of the traffic concerns in the vicinity. Quite a bit of the information relates to access changes to TH 100 and to potential early closings of 50 Avenue. We have previously been involved in small studies throughout this area. We have been semi - successful in locating all the old data from the past projects. Most of the file folders have been located, but some of the • drawings are not in locations that they are supposed to be. The search for this information has partially delayed our response to your request. We put together a work program that reviews options with various access locations, both existing and future to Highway 100. There are two separate items to be studied, yet they are somewhat related in terms of staging, traffic controls along Brooklyn Boulevard, and redistribution of traffic. Our work program has to be somewhat flexible in order to permit follow -up of various options. We will begin by reviewing all the Mn/DOT data that is available relative to existing and future access on Highway 100 between Twin Lakes and the Brookdale Shopping Center. We would review the information that is available relative to traffic volumes and distribution, future traffic volumes, which are anticipated, and various access options that have been considered. We would also review the information that you have provided, perhaps seeking additional older traffic volume information as well. We would also review in detail the past SEH files relative to the area. We would also look at the various options that might be available relative to the traffic concerns in the area. One specific request is for the early closing of access between 50` Avenue and the northbound lane of Highway 100. While this change will ultimately be made, there are also corresponding changes being made with the interchange with Brooklyn Boulevard. Our primary efforts would be to re- distribute traffic, with 50` Avenue closed, to the existing interchange in • place, and determine what control changes, if any, must be made. This study would include the intersections at Brooklyn Boulevard with 51 Avenue, 50` Avenue, 49` Avenue, and the south SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER Scott Brink May 19, 1999 • Page 2 ramp. We would also review the impact of the final construction of Highway 100 and its impact on the traffic flow along the same roadway and intersections. At the same time, we would review options for access to France Avenue, north of Highway 100. Currently, there is a Mn/DOT concept plan which was previously reviewed and some minor options considered. We would consider the Mn/DOT designs, review options that have been presented to the City, and look at the impacts of these various options on traffic flow in the area. The current access on the west side of Highway 100 is via full intersections at Lakeside Avenue and Lake Breeze Avenue (France Avenue) and partial access to 50 Avenue. Impacts with the changes proposed by Mn/DOT have been reviewed and will be revisited. The impact of other options for the relocation of France Avenue, cul -de -sacs, etc., would also be reviewed. Consideration would be given to the orientation of traffic onto 53 Avenue and eventually the west frontage road of Brooklyn Boulevard, and onto the Halifax Avenue and Bass Lake Road intersection. In this process, we would review the options developed by the City and develop some of our own if they appear to viable. We would re- distribute traffic to each of the options and review the impacts, and summarize the impacts to present to the City. The amount of public involvement that would be necessary may vary. Normally, we would • consider public involvement as part of the data collection process. However, there appears to have been enough studies and discussions in the past that it may be more beneficial to complete most of the study and then have a public informational meeting. We would propose to do the work as presented in our work program and present the information, without selection of any option, to the City staff. At that time, we would suggest calling a public informational meeting to present the data to the public prior to the selection of a final alternate. We would begin work on the project immediately upon approval of the work program. We believe the data collection and analysis can be accomplished in 4 to 6 weeks. Depending upon the number of options available, the complete analysis can be completed and presented back to the City in approximately two months. We anticipate the cost of the program to be between $10,000 and $12,500 depending on the number of options and degree of public involvement. We are assuming that we would publish separate final reports on the east side and west side of Highway 100. We do not believe it is necessary to develop detail concepts for the various options. We also anticipate a meeting with the City staff to present the results in a single, public informational meeting. If you are comfortable with the work program, schedule, and fee, please notify us and we will forward a detailed work program and cost estimate for your approval. We can simultaneously begin work on the data collection portions. We appreciate the opportunity to, again, work in this portion of Brooklyn Center. We think that our past involvement will provide us with a good base • for the traffic study. We look forward to working with you and your staff. Scott Brink May 19, 1999 Page 3 • Sincerely, Short Elliott Hendrickson Inc. Glen Van Wormer, P.E. Manager Transportation Engineering Group ema c: Pam Maki Tom Sohrweide \\ cpu42 \corp\doc\market\tr\submitls\ 1999 \broct9902.doc • • City Council Agenda Item No. 8d 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 JWZYU DATE: June 9, 1999 SUBJECT: Resolution Authorizing Issuance of a Currency Exchange License to Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center The Minnesota Department of Commerce has received an application from Community Money Centers, Inc. dba Money Centers to operate a currency exchange at 6219 Brooklyn Boulevard, Brooklyn Center, and has forwarded a copy of the complete application to the City of Brooklyn Center for review. Minnesota Statute §53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange . proposes to conduct business. The Statute requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days; it also requires the governing municipality to publish notice of intent to consider the license (published in the Brooklyn Center Sun -Post May 36, 1999). Community Money Centers, Inc. dba Money Centers has submitted to the Minnesota Department of Commerce the appropriate fee, current fee schedule used for cashing checks, surety bond in the amount of $10,000, and background .investigation by the Bureau of Criminal Apprehension. The Brooklyn Center Police Department completed a background check and found no reason to deny the license. Planning and Zoning Specialist Ron Warren has reviewed the application and finds no zoning regulations which would prohibit the issuance of the license. • 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 AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER WHEREAS, Minnesota Statute 53A.04 requires the Minnesota Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WHEREAS, the Minnesota Department of Commerce has received an application from Community Money Centers, Inc. dba Money Centers, 6219 Brooklyn Boulevard, Brooklyn Center; and WHEREAS, S the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a currency exchange license to Community Money Centers, • Inc. dba Money Centers to operate at 6219 Brooklyn Boulevard is hereby approved. Date Mayo r 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. is • NOTICE OF INTENT TO CONSIDER A CURRENCY EXCHANGE LICENSE CITY OF BROOKLYN CENTER Notice is hereby given that the City Council of the City of Brooklyn Center will consider the application for a currency exchange license from Community Money Centers, Inc. dba Money Centers to operate at 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota. This consideration will be given at the June 14, 1999, 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 (May 26, 1999) • • c Cli CCNTERS ,- Cary D. We make it easy' Geller cam ;;„r Mosey cesnie President X25 Nicolle£Avenue „P0: Box 23090 v ” " Richfield, Tale: -612 866. 5674 "Fax: 612 866.4342 EmaiC caryclgelleioemail.msn =rn, Community Money Centers, Inc. y 12', 1999 Ms. Jane Chambers Corporate Office City Of Brooklyn Center 6525 Nicollet Avenue 6301 Shingle Creek Parkway P.O. Box 23090 Brooklyn Center, MN 55430 Richfield, MN 55423 Re: Application for Currency Exchange License at 6219 Brooklyn Tele: 612 866.5674 Blvd., Brooklyn Center, MN 55429 Fax: 612 866.4342 Dear Ms. Chambers, Community Money Centers, Inc. d.b.a Money Centers, recently leased the above referenced property and subsequently made application to the State Of Minnesota for a Currency Exchange License. On May 5', 1999, Deputy Commissioner Kevin Murphy forwarded a copy of the application and a letter explaining the procedure to you. • Money Center locations Money Centers has operated currency exchange stores in Minnesota for 1532 University, Suite #100 more than seven years. We take pride in our respectful and friendly approach to our business. We have a history of community and business St. Paul, MN 55104 involvement and are members of the Minnesota Better Business Bureau, Tele: 612 645.3965 Midway Chamber of Commerce, and Minnesota Retailers Association to Fax: 612 645.8090 name a few. i - Please accept my invitation to visit any or all of our locations listed on the left side of the page. If I can provide information or insight, let me know. M 6525 Nicollet Avenue y card is enclosed. Richfield, MN 55423 Thank you in advance for your cooperation in this matter. Tele: 612 866.6505 Fax: 612 866.8090 Sincerely, ' rP C Pre 2600 Nicollet Avenue Minneapolis, MN 55408 Encl:l Tele: 612 870.2885 • Fax: 612 870.2975 MINNESOTA DEPARTMENT OF COMMERCE = Financial Examinations Division May 5, 1999 Ms. Jane Chambers Assistant City Manager Brooklyn Center City Offices 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Ms. Chambers, l Enclosed is an application by Community Money Centers, Inc. dba Money Centers to operate as a currency exchange company at 6219 Brooklyn Boulevard, Minnesota, 55429. 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." We are submitting the enclosed application for your review and approval. Please respond back 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. If you have any questions, please call Senior Examiner Leah Grobove at (651) 296 -2297. Sincel y t vw "I � Kev' Murphy D uty commissioner • Img Img 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 Rnnal nnnortunity F.mnlnver c STATE OF MINNE{ A (Fd oartment Use Only) . DEPARTMENT OF COMMERCE 133 EAST SEVENTH STREET ST. PAUL, MINNESOTA 55101 (651) 296-6319 -r.a LICENSE NUMBER ( PROCESSING DATE NAIC NUMBER INSURANCE COMPANY CURRENCY EXCHANGE BOND NUMBER LICENSE APPLICATION The data to which ou furnish on this form ' y well be used by the Department of Commerce to assess ur qualifications for a Y 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 94 NEW O INDIVIDUAL PROPRIETORSHIP 99 CORPORATION O RENEW O AMENDED NAME O LIMITED LIABILITY O PARTNERSHIP APPLICANT INFORMATION NAME OF CURRENCY EXCHANGE Money Centers NAME OF CORPORATION OR PARTNERSHIP (see #5 of instructions) Community Money Centers, Inc. BUSINESS ADDRESS (No Post Office Boxes) TELEPHONE NUMBER 6219 Brooklyn Blvd. ( 612) 866 -5674 CITY STATE ZIP CODE COUNTY Brooklyn Center I MN 1 55429 Hennepin NAME OF INDIVIDUAL MANAGING THIS LOCATION STATE TAX ID NUMBER Richard Krietzman 1 1718779 ALL applicants must answer the following questions. If any questions are answered "YES ", you must attach a detailed written explanation and all legal documentation, if applicable. Have you, a of the owners, partners, officers, directors or shareholders owning more than 10% of the corporate stock, or any employee with the authority to exercise management or policy control over the company ever: YES NO O d 1. Held a currency exchange license in any other state other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previously submitted is accurate. O C1 2. Been the subject of any inquiry or investigation by any division of the Minnesota Commerce • Department? O M 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? REV. 7/98 (OVER) YES NO 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? O 2 5. Been a defendant in any lawsuit involving claims of fraud, misrepresentation, conversion, mismanagement of funds or breach of contract? in O ® 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 d 7. Have any unclaimed property (unclaimed funds or property over 3 years old) to report under Minnesota Statutes, Section 345.37? O d 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied judgment(s)? O Q 9. Been affiliated with any other currency exchange? 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 THI OT BEEN ALTERED OR CHANGED IN'ANY MANNER FROM THE FORM ADOP E D ME* I' Signature of Owner, Partner or Corporate Officer bate PLEASE PROVIDE THE FOLLOWING INFORMATION ON AN ATTACHED SHEET: All NEW applicants must provide a signed, notarized statement from the applicant stating the proposed location of the currency exchange is not located within 112 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 that is charged, and whether or not the fee varies depending on the amount of h P 9 the check. , O A list the name, date of birth, title, address and social 'security number for . t i ty the following individuals: any owner, partner, officer, director, stockholder (owning 0% or more of the corporate stock or an 9 rP ), y employee with the authority to exercise management or policy control over the company. O All individuals listed above must request that the Bureau of Criminal Apprehension: conduct a back ground investigation on the form provided. Completed form(s) MUST be submitted with your license application.' O The work experience covering ten (10) years prior to application for each person. listed above, INSTRUCTIQNS 1. To apply,- complete (please type or print in ink) and submit this form with the $300 fee to the Department of Commerce, 133 East Seventh Street, St. Paul, MN 55101. Check or money order must be payable to the "MINNESOTA COMMERCE DEPARTMENT. WE CANNOT ACCEPT CASH. Incomplete forms will be returned to the business address listed. 2. In order to become licensed, the applicant must provide the Commissioner of Commerce with a $10,000 bond (on the form included with this application). 3. If applicant is a corporation, attach a copy of the Articles of Incorporation filed with the Secretary of State. Applicants must also provide a list identifying the percentage of ownership for each officer and director (including manager) and stockholder. 4. if the applicant is a partnership, attach a copy of the Articles/Agreement of Partnership and a list identifying the percentage of ownership by each partner. 5. 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. r �• 1 4 LJj CENTERS We make it easy. Community Money Canters, Inc. April 16th 1999 Minnesota Department Of Commerce Corporate Office 133 East Seventh Street 6525 Nicollet Avenue St. Paul, MN 55101 P.O. Box 23090 Richfield, MN 55423 Re: Location proposed for 6219 Brooklyn Blvd., Brooklyn Center, MN Tele: 612 866.5674 Dear Sir or Madam, Fax: 612 866.4342 To the best of my knowledge, the above referenced location is one half mile or more from the nearest licensed currency exchange. Sincerely, . , C� • Cary Money Center locations State O Minnesota 1532 University suite #1oo County of Hennepin St. Paul. MN 55104 Tele: 612 645.3965 On this 16th day of April, 1999, before me personally appeared Cary D. Fax: 612 645.8090 Geller who acknowledged that he is the President of Community Money Centers, Inc. DBA Money Centers and as a corporate officer, he is authorized to sign on behalf of the company. 6525 Nicollet Avenue / V ' Richfield, MN 55423 ELEN M. EIDE �T ele: 612 866.6505 - : m Enpin: Jan. 91, 2000 Notary FV61 i s Fax: 612 866.8090 s 2600 Nicollet Avenue Minneapolis, MN 55408 • Tele: 612 870.2885 Fax: 612 870.2975 • Che - Fee Percentage of Total Check Amount The percentage is der rnmea /! a, the We Of cneck Curse Type of Check 4% Government Check on the first visit Q� ` 2.5% Government Check $500 or less on subsequent visitsb 3% Government Check $500.01 or more on subsequent visits 4% Computerized Payroll on the first visit 6% Other Payroll on the first visit o • 3% All Payroll on subsequent visits r?� 6% Insurance Check or Draft 3% Money Order Issued by Money Centers 6% Money Order Issued by bank 10% Money Order Issued by others 4% Cashier's Check 12.5% Personal Check ALL CH ECKS CA HED_ARE_ Ai 7$O SURCHARG_E,,, . A $20 per item fee will be charge for returned checks. I ` ' TERS we make iteas . STATE OF MINNESOTA r JND NUMBER: 94792 CURRENCY EXCHANGE SURETY BOND K OW ALL PERSONS BY THESE PRESENTS: That Community Money Centers, Inc. W (Name of Currency Exchange) a Minnesota, Corporation (Description or form of business organization, including state of incorporation) with business office at 6219 Brooklyn Blvd., Brooklyn Center, Minnesota, 55429 (Street Address, City, State, Zip) as PRINCIPAL and Empire Fire & Marine Insurance Company (Name of Surety) a corporation duly organized under the laws of the State of Nebraska which is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmly bound to the Department of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their representatives, successors and assigns, jointly and severally by these presents. The parties further agree that: 1. The purpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Section 53A.02 to 53A.13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefit of the State of Minnesota and all persons suffering damages by reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principal's conduct as a currency exchange. O the Principal shall violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as well as any person damaged as a result of such violation shall have, in addition to all other legal remedies, a right of action on this bond in the name of the injured party for loss sustained by the injured party. 4. This bond shall be effective from April 16th, 1999 until December 31, 1999. Signed and Sealed this 16th day of April, 1999. Empire Fire & Marine Insuran e Company � Community Mone (Na ty) ( f C C. urr y ch ge By: (Signature of Attorney in F ct) Cary D. Geller, President FOR OFFICE USE ONLY Approved as to form and execution by the Director of Licensing. i SIGNATURE DATE REV. 6195 i OTE OF ACKNOWL MENT OF PRINCIPAL(S) )ss. COUNTY BE IT KNOWN, that on the day of H , 19�, personally appeared before me, Cary D. Geller to me well known to be the person ho ecuted the foregoing bond, and has acknowledged the same to be his own free act and deed, and t he executed the same for the uses and purposes therein expressed. Notary Public s HELEN M. EIDE L .OFEM CIPAL(S) STATE OF ;/- COUNTY OF 1`-� H „,,� ) )ss. 4k his e day of personally appeared before me Cary D. Geller onally known, who, being by me duly sworn; did say that he is the President of the corporate principal(s) named in the foregoing bond; that the seal affixed thereto is the corporate seal of the co oration that said bon corporation(s) (s ) d was executed in behalf of the corporation(s) by authority of its Board of Directors; and he acknowledged said instrument to be the free act and deed of the corporation. rp oration. 7 � Notary Publi6 ftw►= HELEN M :M1 DE ESOTA A r Ty STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN ) On this 16th day of April, 1999, before me personally appeared Richard H. Davies to me personally known, who being sworn did, say that he is the Attorney -In -Fact of the EMPIRE FIRE & MARINE INSURANCE COMPANY, that the seal affixed to the foregoing instrument is the corporate seal of that corporation, and that said instrument was executed on behalf of the corporation by authority of its Board of Directors; he acknowledged said instrument to be the free act and deed of said corporation. • "; Jt_td, r Eii MARIEGEISS NOTARY PUBLIC- MINNESOTA - v\ M u bc # MY commission Expires Jam Si. 2000 ,- No r EMPIRE FIRE AND MARINE INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY O w All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it aulliorizes executed, but may be detached by the approving officer if desired. That EMPIRE FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws ul the Stale of Nebraska, : having its principal office in the City of Oinalta. County of Douglas. Stale of Nebraska dues licieby make constitute and appoint wchard H. Davies, Bruce A. Myers, Nicholas L. Newton, Carolyn L. Davies, Deborah A.H. Larson and Victoria A. Racette its true and lawful Attorney(s)-in-fact, to make, execute, sign, seal and deliver for and on its behalf as surely and as its act and deed any and all bonds and undertakings of suretyship. NOT EXCEEDING IN AMOUNT Seven Hundred and Fiftv Thousand and No/ 100 ----- -----_ -------- —_ --- __ ---- _------------------------------ Dollars (:5 750.000. ) and to bind EMPIRE FIRE AND MARINE INSURANCE COMPANY thereby as fully and to the same extent as if such builds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of EMPIRE FIRE AND MARINE= INSURANCE COMPANY and sealed and attested to by one other of such officers, and heieby ratifies and cunhums all that it said Attorneys) -in -fact may do in pursuance hereof. This power of attorney is granted under and by authority of Article III, Section 3.1 of the fay -Laws of the EMPIRE FIRE AND MARINE INSURANCE COMPANY and by Resolution of the Board of Directors duly adopted as follows: 'All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, President, any Vice - President, Secretary, any Assistant Secretary, or Treasurer, or by such older officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice - President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, pulicies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings or other obligations of the corporation." It is certified that the above is a true and exact copy. itness Whereof, the EMPIRE FIRE AND MARINE INSURANCE COMPANY has caused these presents to be sighed by its ent, and its corporate seal to be hereto affixed, duly attested by its Secretary this 4111 day of June , 1 998. Attest: EMPIRE FIRE AND MARINE INSURANCE COMPANY Secretary ��" I�residenl STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS) On this 41h day of June A.D. 1998. before me personally carne Arny S. Bones to me known, who being by me duly ;worn, did depose and say: that she resides in the County of Douglas, State of Nebraska; that she is the Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, the corporation described in and which executed (lie above instrument; that she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. Signed and sealed at the City of Omaha. Dated 4th day of June I BENERAI 1101ART -Stile of Nebteski JOHN T, KINSIER ` > V My Comm. Eiip. Dec. 9, 2000 )Votary Public CERTIFICATE ; J I, the undersigned, Secretary of the EMPIRE FIRE AND MARINE INSURANCE COMPANY, A Nebraska Corporation DO l IERE•IJY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, V e Resolutions of the Board of Directors set forth in the Power of Attorney are now in force. qned and sealed at the City of Omaha. Dated the 16th day of April 1999 n9 ri5/ Secretary r � EMPIRE FIRE & MARINE INSURANCE COMPANY GENERAL INDEMNITY AGREEMENT O EREAS, the undersigned Ca D. Geller President hereinafter call ' Cary ( called Indemnitor') has requested and may hereafter request EMPIRE FIRE & MARINE INSURANCE COMPANY (hereinafter called "Surety ") to execute or to procure the execution of bonds, undertakings or recognizance's as may be required from time to time by the Indemnitor, for any purpose whatsoever in connection with the Indemnitor's affairs, either in the name of the Indemnitor or of the following designated persons, firms or corporations, each of which is subsidiary to or controlled by, or affiliated with said Indemnitor, and in each of which said Indemnitor has a financial interest, to wit: Currency Exchange Surety Bond, Bond Number 94792, written April 16th, 1999 for $10,000.00, Community Money Centers, Inc. versus State of Minnesota. NOW, THEREFORE, in consideration of the premises the Indemnitor, being substantially benefited by the execution and delivery of said bonds, undertakings or recognizances, hereby agrees as follows: 1) That the Indemnitor will at all times indemnify and save the Surety harmless from and against every claim, demand, liability, cost, charge, counsel fee, expense, suit, order, judgment and adjudication whatsoever in consequence of any bond, undertaking or recognizance, executed or procured b the Surety P Y y as mentioned herein, and in the event of payment by the Surety the Indemnitor agrees to accept the voucher or other evidence of such payment as prima facie evidence of the propriety thereof and of the Indemnitor's IiabiAty therefor to the Surety. 2) All of the terms and conditions of this agreement shall stand for the protection of any other Surety procured by the Surety erein on an such bonds undertakings or reco iz - Y Y gs gn ances, either as co surety or as reinsurer. 3 This agreement shall bind the heirs, executors, administrators, successors and assigns of the Indemnitor. I NESS WHEfjZ�EOF the Indemnitor as caused this instrument to be signed, sealed and delivered this / — day of BY: ( �� C'.� Dr � I -- TTp ` ACKNOWLEDGMENT OF INDEMNITOR STATE OF M;L,4L VJ" t X-1 COUNTY OF A h , r N On this / day of , 19 before me personally came Cary D. Geller, to me known to be the individual described in and who executed the foregoing instrument and has acknowledged to me that he executed the same. Notary Public • AW HELEN M. EIDE I'm NOTARY PIIBUC- MINNESOTA Yy Commiaim Fx0w Jan. 31, 2000 s • ARTICLES OF INCORPORATION 7� -- Y// OF sag EXPRESS, INC. The undersigned, being a natural person over the age of 18 years, for the purpose if forming a business corporation under and pursuant to the provisions of Chapter 302A of Minnesota Statutes, does hereby adopt the following Articles of Incorporation: Article I The name of this corporation is SCS Express, Inc. Article II The address of the registered office of this corporation is 150 South 5th Street, Suite 2300, Minneapolip, Minnesota 55402. r Article III The aggregate number of shares that this corporation has authority to issue is ten thousand (10,u0o), with a par value of One -half Cent ($.005) per share. Article IV L? The board shall have authority to establish more than one class or series of shares of this corporation, and the different classes and series shall have such relative rights and preferences, with such designations, as the board may by resolution provide. Article V Except as may be otherwise provided by the board L.i a resolution establishing a class or series of the shares if this corporation, shareholders shall have no preemptive righ Article V There shall be no cumulative voting by shareholders for the election of directors. Article VII Any action required or permitted to be taken at a board meeting, if such action need not be approved by the shareholders, may be taken by wr - .Lten action signed by the number of directors that would be required to take the name notion at a meeting of the board at which all directors were present. Q • ._ • t Sir. ( �:• ' "• r '., - - ,j•' I , . Article VIiI A director of the corporation shall not be persdnally`'liable_,; to the corporation or its shareholders. for monetary damages: for breach of fiduciary duty as a director. The 'f oregoing be deemed to eliminate or limit the liability of a director (i)' for:` ;' -; any breach of the director's duty of loyalty to the corporation or J'�; its shareholders, (ii) for acts or omissions not' in' good faith } :'> that involve intentional misconduct or a knowing ' violation 'of' law,'.';.;r: (iii) under Section 3U2A.559 or 80A.23 of Minnesota Statutes, :. for any transaction from which the director d�arived any improper.;;,.; personal benefit, or (v) for any uct or omission occurring•prior,E,,;' to the effective date of this Article VIII. Any ' repeal ` or modification of this paragraph 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 mouif ication. Article IX The name and address of the incorporator are: Gail E. Peterson, Suite 2300 150 South Fifth Street ' Minneapolis, Minnesota 55402 IN WITNESS WHEREOF, these Articles have been executed this. 30th d ,iy of April, 1992. Gail E. Peterson. Incorporator. STATE OF MINNESOtA UPARTMiNt• OF STATE FILED APR 3 0199a y" , �L✓�It1M� ,1KlM,d1 . Sea'elary o� �fals � , 1 - , Y ♦ ' 2 o s'i - A TEOPKIINNEROTA SECRETARY OF STATE NOTICE OF CHANGE OF REGISTERED OFFICE-l. REGISTERED AGENT Please read the instructions on the back before comp aling this form 1. Corporate Name: SCS EXPRESS, INC. OIIA CIIECK EXPRESS MN 2. Registered Office Address (No. 6 Street): List a compete street address or rural route and rural route box number. A post office box is not acceptable. 6525 NICOLLEI' AVE., RICHFIELD MN 55423 Street City State Zip Code 3. Registered Agent (Registered agents are required for foreign corporations but optional for Minna!! a corporations): NONE If you do not wish to designate an agent, you must list "NONE" In this box. DO NOT LIST THE CORPORATE NAME. '. In compliance with Minnesota Slefr:les, Section 302A.123. 303.10, 308A.025. 317A.123 or 3228.1351 certify that,the above listed company has resolved to change the company's registered office and /or "agent as listed above.. 4 .... 1 certify that I am authorized to execute this certificate and I further certify that 1 understand that by signing this certificate I am subject to the penalties of perjury as set forth in Minnesota Statutes Section 609.48 as If I had signed . this certificate under oa Ignalute of Authorized Person CARY 9. GELLER, PRESIOL'N'f Name and Telephone Number of a Contact Person: C A R Y O G E LL E R F, I 8 o+ - 5 6 7 4 piaase print legibly _ Office Use Only Firing Fee: Minnesota Corporations, Cooperatives and Limited Wbility Companies: $35.00. ` STATE OF MINNESOTA Non- Mlnriesots Corporations: $50.00. DEPARTMENT OF 5TATE,..' Make checks payable to Secretary of Stets FILED. IJU 2 17) 1995 Return to: Minnesota Secretary of State -�+►�' l-�- 180 State Office Bldg. - 100 Constitution Ave. SL Maui, MN /35155 -1299 (612)296.280 M302V Rev. 5193 , l )'�:� t �T • ql 1 ARTICLES OF AMENDMENT OF ARTICLES OF INCORPORATION OF SGS EXPRESS, INC. I, Cary D. Geller, the President of SGS Express, Inc., a Minnesota corporation, , do hereby certify that by resolutions in lieu of a special meeting of the sole shareholder and sole director of said corporation effective as of April 11, 1996, the following ' resolutions were adopted in writing by the sole shareholder and sole director, pursuant to Minnesota Statutes, Chapter 302A: RESOLVED, that Article I of the Articles of Incorporation cf this corporation shall be amended to read as follows: Article The name of this corporation is Community Money Centers. i; Inc. RESOLVED FURTHER, that the President of this corporation is authorized and directed to make and execute Articles of Amendment embracing the foregoing resolution and to cause such Articles of Amendment to be filed for record. in the manner required by law. v hereto set m hand this 19'da of April, 1996. IN WITNESS WHEREOF, I have y _ Y Cary C Geller, President i .t• , ti f OF mqt nolE`,UTA ' on'.AKWcrn OF srArF ' TILED 1996 t ��tl )�) pia +�(.S .• [vin/ ^��n� r.I . l J Secretary of State , � ... •1� .y...i , �,, {. =5. by it ,.7'•. Kr...., $.'., ,' '.• # , 1' ,r i • v , � � a d , 3. r t 4 ` ��' +`±' ^i.,�wai ..`•(?� , �x ?' i I `r #jai �' . • ., r, i" tr• _` Pji ,' "io.i•itl_ >�P °i'+i `(r't j • ;�;;�3i ; �,i :y:.k�,r, Y1 ', try • T �' .. ti• i? esi'<.:.r:.i�et;� �.. <'{�i�f i e t < �ii'� [ � ' ��ft';f• ", '� , !� ' "�,�1, 4V '°t e 4r$ K'r ry • Iro i `tY4 t.t z , wi Of if A fl � _ � 1' I "!, li a Y; •7 t'f { _ .f �E S. "r Y�^I •,f' `.t":4 �Y' �1 .. � - :'i) �',;« r' }�.`tr•,F • «i' .k.1''t4I `Y # *^"' - • � � , .. s'fi� {'� ,' »� "%� �� < `�,.'F tT �.��3 ?1 � x'1, +�+�. � ?? STATE OF MINNESOTA DEPARTMENT i� - OF STATE ' here6y certify that this is s true and complete ` P -o documont as filed ( Y of the - this office. or record m DATED. V or ig`" ' w� 1 41 US 9 V AJ a tp of Minn to �� ) SECRETARY of STATE i d" 3 CERTIFICATE OF INCORPORATION 1, Joan Anderson Grown, Secretary of State of Min,iesota, do certify Hik: Articles of Incorporation, s� duty signed and acknowledged under oath, have been filed on j this cure in the Office of the Secretary of State, for the ` incorporation of the Eollowing corpporation, under and in 77 acc:orcance with the provisions OF. the chapter of Minnesota T St il;utes listed below. 1 T h i s corporation is now legally org -jo i •red under the laws car Minnesota. � (, t:UYrorat.E' Name: SCS Exprpss, Inc. Corporate Clhari,er Number: 7K-411 � - c:hapl.r_r Formed Under: 3OZA � L This certificate has been issued on 04/30/1992. !� � M r � L , 4. Sec,etary of State. r�'! rj' �o'. �V't i�' �r' rG• V��',��r�'�R•aSti•�i�` 039 STATE OF MINNESOTA FOR OFFICE USE ONLY y' , • Y Inter" narlon SF.CRETARY OF STATE .•yLletdlr br JJd* au..,..... . `— ERTIFICATE OF Cie ASSUMED NAME SCR An� — rA Mtnrreseta Statutes Chapter 333 0 }l17 i + fir r'4TF Reed the direction+ on reverse side before completing. ` 9 ,f 4 8 til Filing Fee: $ 5.00 wa All information on this town is public Information. To expedite the retuni of your documents, please submit a stamped self- addressed envelope. The filing of an assumed name doer not protect a user's exclusive rights to that name. The filing Is required a9 a consumer protection, In order to enable consumers to be able to Identify the true owner of a business. PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK FOR MICROFILMING PURPOSES. 1. Stale the exact assumed name under which the business is or will be conducted: (one business name per a THE HONEY CENTER 2. Stale the address of the principal place of business. A complete street address or rural route and rural route box number Is requirod; the address cannot be a P.O.Box. 6525 NICOLLET AVE. RICHFIELD M:i 55423 Street City State Zip code 3. List the name and complete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) if necessary.. If the business owner is a corporation or other business entity, list the legal name and registered office address. Name (please print) Street City State 2►p COMMUNITY HONEY CENTERS, INC., 6525 NICOLETT AVE., RICHFIELD, MR 55423 4. List the Standard Industrial Code (SIC) that most accurately describes the nature of the business operating under this name 9 9 Select one of the 2 -digit SIC Codes listed on the reverse side of this form. S. I certify that 1 am authorized to sign this certificate and I further certify that I und erstand that by signing this certificate, I em subject to the penalties of perjury as �f rth in Minnesota It e ction 09.48 as if I had signed this certificate under oath. Signalure (ONJY nne person I;sted in N3 is required to sign.) 06/15/96 CARY D. GELLER, PRESIDENT Date Print Name and Title ' CARY D. GELLER, rRESIDENT 612 866 - 5674 Contact Person Daytime Phone Number osg2oeo7 nev. ems n • 28 9 011 _ ., .. ( < .i .. q ,^kutt,iF!SiKeTrF,. i <�� - •�n!,•,Aq•"i;..... - '94k:�c ' ,t,tr,,,.'�f •r,;t4::7�',y�' .G ±a 1y>'. , - e „” 's ",•+.��:,- � t'+ ; .. . h++f.'S 1 e�' ,''r -� "•. , - �..�. .' ', i':Sc.: lkl �.k4'•� . r r I T, 1. AA Vie # .. "e ^'�`;rfi 1. ;:._:_,i�i:±i� r: �•';��' ry•.. t iS;�' � Cii'�iiil�i'; '.�:p. +.rr#j� 13"' • :6AItS t' °. 'i;t'•s�,F�f�1:n` ?ix�.,�°)iw +';F "' ' . i ': . +� � �•,< �; ," !94' :i l` • iii •iJ, i,`d3 }YS'il >: Ly - ' i �t 'ar4� tay; :;r� - -' `- . Yi- :t'r �t 1 r.IttJ.i�' 4.�'r`•.. x ... <`�. if7� V;, * rry 1 ,; ` , r� A ''I.�y 4 �',.�.�. ►:! �tZfv`��F.i . .. , r . ., . i i .i :! ...y.. pS'ih'JSa +yi1t .t: 4'tf�r, ;f-f �j ?;> �• ?fJ �'ie;j1@iK:�d}. li��'r�r. i:' / 1.�*v!� - -;a� . . , : � ,i :. .r' - �Jik t, �,y;r< #r ; 1.,, ii',e A� +1i•iis S�F!�iit': #1�3 P: °} r ;�; , ' +'s. r s `` � ht/ 4:. a, i E.; .ya, as f:,•# ' "'ti 3•# '.lrwr,n,: 1 - 1 f` r i F v ,1 ,5,.. , , i . ,,,# a't: ),. p J #- {•�(la `Is�EI;;•ri,;.J �.fi[" %d`7 €LYI a.t;rj � . S a•a Y'ft•,p Si rt L•.c <:. (i G.i % '::•1? *: 1 i,, 1 i 1 },'tf . . ' ... -. ..: 't'•s lid �.i ?, #:{: J � {,:�i�i�e tji. :'l;i� �:S tlFi`Fl F ` t� '. J y . '''i ..e - ,'t ii,,$it$:�f i {1A. a: i.i :'�•''tl•' J 1 I t . , q I , _ , n i « ` - . R l MINNESOTA . f" v.15 A ,. 1 ,.S '•4 ` il} �� "14• ^�!`tX'bF' ? y irie ��jiJ "yiJa • , , i , f ' , - ,.. r i :s , A 'G 1 ' lii Jl, y • Jrhs? =l Ki x; V # Y .le , T","�JE'', that _ .. Y �Y • this is a and Xy comp lete co • 1, , of the 41 , � 1'.ucument as filed for record m ' 1 , this office. • .. P �,..i... .. . j � ;� • .. , DATED.._;�9 . >Yp, ' - J.i•.::i' / rvin.. � A "�'a "?c 1J ;4 <J� .'� �. - • CIO u7 of t g} �, #�{ 53A.01 CURRENCY EXCHANGES 248 CHAPTER 53A CURRENCY EXCHANGES 53A.01 Definitions. «7 53A.02 License. 53A.07 Filing of fees; unreasonable fees. 53A.08 Bond. =w' 53A.03 Application for license; fees. 53A.081 Annual report and investigations. 53A.04 Approval or denial of an lication. aPP 53A.09 Powers; limitations; prohibitions. 53A.05 Change of name, ownership, or 53A.10 Violations. location. ension 53A.I I Books of account; annual report 53A.06 Fine, susp, or revocation of 53A.12 Rules. license. 53A.13 Fee notice; false advertising; penalty. 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 r£a 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 y. I incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce: History: 1989 c 247 s 1 c 202 art 1 s 25 53A.02 LICENSE. j Subdivision 1. Requirement. A person may not engage in the business of a currenc y exchange without first t obtainmg 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 provi- sions of this chapter for each new license issued. a i 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 im- posed 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 enti- ty to manage the currency exchange business. This subdivision does not prohibit the licensee from employing persons to operate a currency exchange facility. { History: 1989 c 247 s 2; 1992 c 504 s 2 i 53A.03 APPLICATION FOR LICENSE; FEES. (a) An application for a license must be in writing, under oath, and in the form re- scribed and furnished by the commissioner and must contain the following: P (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 busi- ness address if the applicant is a corporation; (2) the county and municipality, with street and number, if any, of all currency exchange locations operated by the applicant; and (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 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 nonpub- licly 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. t • 49 2 CURRENCY EXCHANGES 53A.05 (b) The application shall be accompanied by a nonrefundable fee of $250 for the review of the initial application. Upon approval by the commissioner, an additional license fee of $50 must be paid by the applicant as an annual license fee for the remainder of the calendar year. An annual license fee of $50 is due for each subsequent calendar year of operation upon submission of a license renewal application on or before September 1. Fees must be depos- ited in the state treasury and credited to the general fund. Upon payment of the required annu- al 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 investiga- tion 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 Fed- eral 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 man- agement or policy control over the company, a director, an officer, a limited or general part- ner, a manager, or a shareholder holding more than ten percent of the outstanding stock of the corporation. History: 1989 c 247 s 3; 1992 c 504 s 3; 1,993 c 354 s 1 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 gov- ernment 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 govern- ing body shall give published notice of its intention to consider the issue and shall solicit tes- timony 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 commis- sioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. .The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days 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 appli- cant 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 be- fore 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. History: 1989 c 247 s 4; 1992 c 504 s 4 I'M-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 li- cense in the licensee's new name or location. A $50 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 re- • voke the currency exchange license if the new ownership would have resulted in a denial of the initial license under the provisions of chapter 53A. History: 1989 c 247 s 5; 1992 c 504 s 5 53A.06 CURRENCY EXCHANGES 250 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 re- quired 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 provi- sion 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 the person is untrustworthy or not qualified to operate a cur- rency exchange; or (4) any fact or condition exists which, if it had existed at the time of the original or re -, newal application for the license, would have warranted the commissioner refusing the is- suance of the license. a (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 surren- der does not affect the licensee's civil or criminal liability for acts committed before the sur- render, 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 licens- ee for violations of Laws 1989, chapter 247, as authorized under chapter 45. History: 1989 c 247 s 6 53A.07 FILING OF FEES; UNREASONABLE FEES. Subdivision 1. Approval of fees. Fees charged at each location ocation for check cashing er- vices must be filed with and approved by the commissioner. g 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 ac- company 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 disap- prove the fees filed by a currency exchange if they are not fair and reasonable. In determining . whether a fee is fair and reasonable, the commissioner shall take into consideration: (1) rates charged in the past for cashing of checks by those persons and organizations providing check cashing services in the state of Minnesota; (2) the income, cost, and experience of the operations of currency exchanges existing Prior to this enactment or in other states under similar conditions or regulations; (3) the amount of risk involved in the type of check to be cashed and the location where the currency exchange operates; (4) the general cost of doing business, insurance costs, security costs, banking fees, and other costs associated with the operations of the particular currency exchange; (5) a reasonable profit for a currency exchange operation; and (6) any other matter the commissioner deems appropriate. The commissioner shall set a separate rate, consistent with the above standards, for checks issued by.a government en tit y in an amount up to $500 to be cashed by a currency exchange. History: 1989 c 247 s 7 • 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 { .. 251 b � CURRENCY EXCHANGES 53A.11 authorized to do business in this state in the principal amount of $10,000. The bond must run O 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 ser- vices. The commissioner may require a licensee to file a bond in an additional amount if th 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 ZVI 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. History: 1989 c 247 s 8; 1992 c 504 s 6 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 in- formation 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, 3 partnership, association, and corporation engaged in the business of operating a currency ex- change in the manner provided under section 45.027. Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or in- vestigation 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. • History: 1992 c 504 s 7, 1996 c 439 art 1 s 6, 1 Sp1997 c 3 s 19 53A.09 POWERS; LIMITATIONS; PROHIBITIONS. Subdivision 1. Deposits; escrow accounts. A currency exchange may not accept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or currency in escrow for others for any purpose. However, a currency exchange may act as agent for the issuer of money orders or travelers' checks. Subd. 2. Gambling establishments. A currency exchange located on the premises of a gambling establishment as defined in section 256.983 1, subdivision 1, may not cash a war- rant that bears a restrictive endorsement under section 256.9831, subdivision 3- History: 1989 c 247 s 9, 1996 c 465 art 3 s I 53A.10 VIOLATIONS. Any person, firm, association, partnership, or corporation that violates Laws 1989, chapter 247, shall be guilty of a misdemeanor. History: 1989 c 247 s 10 53A.11 BOOKS OF ACCOUNT; ANNUAL REPORT. The licensee shall keep and use in the licensee's business the books, accounts, and rec- ords 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. History: 1989 c 247 s 11 • 53A.12 CURRENCY EXCHANGES 252 53A.12 RULES. The commissioner may adopt rules under chapter 14 as maybe necessary to administer and enforce this'chapter. History: 1989 c 247 s 12 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, dis- tribute, 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. History:1989 c 247 s . 13 53A.14 [Repealed, 1992c 504 s 8] • • b _ i • City Council Agenda Item No. 8e i e June 9, 1999 MEMO TO: Michael J. McCauley City Manager FROM: Jane A. Chambers Assistant City Manager/HR Director SUBJECT: Purchase Order for Furniture New Police Station Architects BKPV provided interior design and specifications of furnishings for the new Police Station as part of their professional services. The interior designer worked closely with city staff members to select a moderate priced furniture system that would withstand the 24 -hour, 7 days a week usage of the building, and which would lend itself to the open office area of the building as well as to the enclosed offices contained in the structure. The designer also inventoried existing furniture stock, and has included all existing furniture feasible to be moved and used at the new structure. MetroSystems, a Hennepin County Contract vendor was recommended by the interior designer to • provide a furniture system for the building. Working with a large vendor approved by the Hennepin County Contract has allowed the City to receive favorable discounts for the furnishings as well as a wide selection of choice amongst furniture systems. M etroS stem has recently provided furnishings for the new Hennepin County Medical Y Y P g p tY Examiners office. The budget for the furnishings for the building is $252,000. The balance of funds not used for MetroSystem will be used to purchase a copier and shredder for the new building. A purchase order, pending Council approval, has been issued to MetroSystems so that initial ordering of the furniture by MetroSystems could be done to meet our required installation dates. Anticipated time to begin installation of the furniture is early August, 1999. The furniture will not be installed until the building is fully complete and no more contractors on working on the premises. The Purchase Order will be authorized as follows: Product Total: $219,637.86 Special Labor/ Installation: $ 800.00 Sales Tax (6.5 %) $ 14.276.46 Total $234,714.32 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING CONTRACT FOR FURNITURE AND EQUIPMENT FOR THE NEW POLICE STATION 1998 -09 WHEREAS, the City Council established Improvement Projects for Construction of a new Police Station 1998 -09; and WHEREAS, Architects for the project Boarman, Kroos, Pfister, Vogel and Associates (BKPV) provided design and specification services for determining furniture necessary to furnish the new Police Station; and WHEREAS, the interiors designer for BKPV worked closely in the design process with Metro Systems, a vendor holding Hennepin County Contract #4279A8 which allows the City to contract directly with Metro Systems for furnishings for the building, and which provides the product to the City at rates approved under the Hennepin County Contract, and which allowed the City to choose its furniture systems product from amongst a number of price levels and product quality; and WHEREAS, existing furniture in the Police Department was inventoried and S, g fu a e o p included in the design of the new furniture to assure use of all existing furniture where feasible; MetroSystems: Quote Dated June 9, 1999 Delivery estimated between 6 -8 weeks from date of approval Product Total: $219,637.86 Special Labor/ Installation: $ 800.00 Sales Tax (6.5%) $ 14.276.46 Total $234,714.32 The City Manager is hereby authorized to issue a final purchase order for the equipment, and to approve changes in the Purchase Order as necessary to accommodate actual on the job installation needs and /or substitutions of product as required to complete furnishing of the building. • 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. i MetroSystems Furniture Solutions For Your Total Office Ms. Jane Chambers 9 June, 1999 City of Brooklyn Center Dear Jane, We are pleased to quote as follows per Hennepin County Contract #4279AS. Detailed specifications are attached. PROJECT: C" of Brooklyn OJECT City kly enter Police C Product TataL• 219,637.86 SpeCW um/Irlst "Ca 800.00 SalesTax (6.5°/x: 14276.46 • Grandlbink Wi 71432 Respectfully submitted, Linda Rode Sr. Project Manager 3014 Avenue South Suite 2M Minneapolis, MN 55415 612-330-0007 Fax: 612 -330 -0008