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HomeMy WebLinkAbout1998 08-10 CCP Regular Session Public Copy • CITY COUNCIL MEETING City of Brooklyn Center August 10, 1998 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report • 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Licenses b. Appoint Election Judges to Serve in the Primary and General Elections C. Resolution Authorizing the Purchase of One Tandem Dump Truck d. Resolution Accepting Bid and Authorizing Purchase of One Tandem Vibratory Asphalt Roller e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees f. Replacement of Police Sedan g. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1998- 12, Contract 1998 -0, Landscaping Nodes Upgrade CITY COUNCIL AGENDA ® -2- August 10, 1998 7• Public Hearings a. Private Kennel License Application Submitted by Gregory and Barbara Ulbrich, 6807 Emerson Avenue North - Requested Council Action: - Motion to open the public hearing. -Take public input. - Motion to close the public hearing. - Motion to render a final decision regarding the private kennel license application. S. Council Consideration Items a. An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnshops and Secondhand Goods Dealers - Requested Council Action: - Remove introduced ordinance from tabled date of July 27, 1998. -Adopt amended ordinance or direct staff on contents of new ordinance for August 24, 1998 meeting. b. Cancel September 16, 1998, City Council Special Session Due to Lack of City Primary - Requested Council Action: - Motion to cancel September 16, 1998, City Council Special Session. C. Resolution Establishing Improvement Project No. 1999 -05, 53rd Avenue Trail and Naming Fiscal Agent for Administration of Grant Funds Received Throu h the Cooperative Trail Grants Program g - Requested Council Action: -City Manager will provide verbal update. d. Administrative Traffic Report RE: Woodbine Lane Traffic Study - Requested Council Action: - City Manager will provide verbal update. e. Sale of City Property on 67th Avenue -Requested Council Action: - Council direction. f Report on Community Center Holiday Closings • - Requested Council Action:;: CITY COUNCIL AGENDA -3- August 10, 1998 g. Sale of City Property for Regal Theater Development -Requested Council Action: - Council direction. h. Staff Report RE: Draft Brooklyn Boulevard Right of Way Agreement -Requested Council Action: -City Manager will provide verbal update. i. Appointment of Financial Advisor -Requested Council Action: - Appointment of Financial Advisor. Report on Phillips 66 Gas Station j. P p -Requested Council Action: -City Manager will provide verbal update. 9. Adjournment I • • City Council Agenda Item No. 6a City of Brooklyn Center Agreat place to start. A great place to .stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Carlson, Administrative Technician DATE: August 5, 1998 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 August 10, 1998: MECHANICAL SYSTEMS Fore Mechanical, Inc. P.O. Box 130788, Roseville Helland Heating and Air 1519 Park Road, Maple Plain Metro Sheet Metal, Inc. 1708 Gervais Avenue, Maplewood Midwest Maintenance & Mechanical, Inc. 710 Pennsylvania Avenue South, Mpls. Petroleum Maintenance Company 3172 Spruce Street, Little Canada St. Marie Sheet Metal, Inc. 7940 Spring Lake Road, Spring Lake Park RENTAL DWELLINGS Renewal: Charlie Oribamise 5417 North Freemont Avenue Martha Ann Demetriou Humboldt Court Apartments Mrs. Paul Enge 4748 Twin Lake Avenue North Richard Becht 4718 Twin Lake Avenue SING HANGER Leroy Signs, Inc. 6325 Welcome Avenue North, Brooklyn Park TOBACCO RELATED PRODUCT Holi Deli Commissary 4610 1700 Freeway Boulevard • 6301 Shingle Creek Pktoy, Brooklyn Center, VIN 55430-2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • City Council Agenda Item No. 6b s City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM REVISED TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk J"*Auzfe� DATE: August 7, 1998 SUBJECT: Appoint Election Judges to Serve in the Primary and General Elections Minnesota State Statutes, Section 20413.21, Subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. The following list of individuals have qualified to be election judges, and it is requested the City Council appoint them to serve as election judges for the primary election, September 15, 1998, and the general election, November 3, 1998. John Andraschko Carolyn Green Joyce Lindquist Joyce Samuelson Greta Bakka Virginia Hagerty Warren Lindquist Barbara Sexton Clarence Beadles Lorraine Halter Shirley Madsen Marjorie Silver Carol Benkofske Marjory Hamilton Ernee McArthur Margit Sovde Eleanor Bentzen Robert Hammer Dick Mero Susan Swant Anne Bergquist Margaret Harris Shirley Moore Clayton Thiebault Keith Berry Susan Heisler Joyce Nelson Mary Thiebault Karen Bolstad Lillian Hetchler Marvin Nemec McKevha Thomas Doris Branch Mona Hintzman Mary Nemec Lea Torkelson Kay Brosseau Ray Hokenson Dorothy Nyberg Luella Torrence Ann Bystrom Lois Holmes Angie Olson Richard Veigel Doris Chapman Pat Hotchkiss Arlene Olson Dale Velander Charlotte Chermak Loretta Huberty Delores Olson Anne Vik Gladys Clasemann Donna Jarl Elizabeth Olson Gloria Voeltz Lamonte Dehn Lora Jefferson Ernest Olson Jean Ward Amy desParois Donna Jennrich Lynn Olson Catherine Wetzel Beverly Evans Betty Johnson Roger Peterson John Winkelman Ardis Fairchild Virginia Johnson Ethel Pettman William Zieska Lois Froebel Kermit Klefsaas Nancy Rademacher Marion Gagnon Mavis Lammi Joann Reavely Joyce Gebhardt Joseph Lampe Ellen Ruud Arlene Gillquist Lee Langhoff Selma Ryan Don Gillquist Earl Larsen Beth Rygh Joanne Goddard Michael Lefler Ralph Saline 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 6c MEM0RANDUNI DATE: August 5, 1998 TO: Michael J. McCauley, City Manager FROM: Dave Peterson, Public `Yorks Superintendent } SUBJECT: Resolution Authorizing the Purchase of One Tandem Dump Truck The 1999 Central Garage budget request includes the cyclic replacement of unit 486, a 1980 tandem dump truck. The budget request is for $ l l 5,000.00, which is available in the Central Garage fund. The heavy truck industry has a nationwide P roblem of an automatic transmission shortage, or backlog. It doesn't matter what brand of truck or who you purchase it through, if you want an automatic transmission, there is a 12 -month backlog if you order today. This was a problem last year too. Until a new Allison transmission plant is completed in late 1999, this will remain an industry wide problem. ® Boyer Ford has the State Contract for 1999 tandem dump trucks cab and chassis. I request approval to order the truck cab and chassis in August of 1998 on the State of Minnesota Contract 4101 X90. Payment in the amount of $75.822.68 will be made in 1999 upon delivery of the truck cab and chassis. The other truck accessories, box, ploys, hydraulics, and controls will be installed after delivery by another contractor through the Minnesota State Contract for truck bodies. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TANDEM DUMP TRUCK WHEREAS, #86 is scheduled for replacement and requested in the 1999 central garage capital outlay budget in the amount of $115,000.00; and WHEREAS, a twelve month industry wide delivery delay on truck cab and chassis, due to a transmission delivery backlog, necessitates immediate ordering for 1999 delivery and payment; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the 1999 Minnesota State Cooperative Purchasing Venture awarded to Boyer Ford Trucks, Inc.; and WHEREAS, we have a quote for the tandem axle dump truck: Boyer Ford, Inc. $75,822.68 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The urchase and earl order of tandem axle dump truck #86 under the p Y P Minnesota State Cooperative Purchasing Venture in the amount of $75,822.68 is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d MEII0 RAND U NM DATE: August 4, 1995 TO: Michael J. McCauley, City Mana <ger ,r FROM: Dave Peterson, Public `Yorks Superintendent,// SUBJECT: Resolution Accepting Bid and Authorizing Purchase of One Tandem Vibratory Asphalt Roller Bids were received July 28, 1995 for the tandem vibratory asphalt roller. The 1995 budgeted capital outlay amount was $29,850.00. The lowest responsible bid of the three bids received was $25,512.08 from the Hayden - Murphy Equipment Co. This roller is a quality machine which meets or exceeds our specification. I recommend acceptance of the bid by Hayden - Murphy Co. and authorizing the purchase of the tandem vibratory asphalt roller. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE TANDEM VIBRATORY ASPHALT ROLLER WHEREAS, $29,850.00 was appropriated in the 1998 Central Garage budget for the replacement of City Equipment #17, a asphalt tandem roller; and WHEREAS, the following sealed bids were submitted on July 28, 1998 for the purchase of one tandem vibratory roller: Company Bid Hayden - Murphy Equipment Co. $25,512.08 Zie Inc. $25,767.68 Sweeney Brothers Tractor, Inc. $27,679.35 WHEREAS, Hayden - Murphy Equipment Co. appears to have submitted the lowest responsible bid in the amount of $25,512.08. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The bid of Hayden - Murphy Equipment Co. is hereby accepted, and the purchase of one tandem vibratory roller is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s Vibratory Tandem Rollers CC 102 CC 122 The CC 10 122 are two new vibra- tory tandem rollers in the Qynapac range of products. These rollers weigh 2.1 tons 9. and 2.7 tons respectively. They are de- signed primarily for minor construction f " jobs and maintenance operations on f pavements, bicycle oaths, driveways. small streets and parking lots. ThanhS Z / to its wide drum 7 inches), the CC 122 is ideally suited for Keeping up with a small -size asphalt spreader. Both machines feature an ideal. modern design with regard to the opera - °t for environment. The shock mountee operator platform, which reduces vibra- tion in the operator station to a minimum is standard equipment. The rollers can also be fitted with an easily adjustable operator's seat which can be moved sideways. This provides a c lear view of the drum edges. The ma- t '" ,r,t chine frame is scmewhat narrower than v. '! *r *t the width of the drums and curb e -r- ri ance is as much as 21 inches, thus f acilitating high- prec,sion compaction operations. The articulated steering -rd a viers short turning radius also contri- bute to easy operation of them ",! > A even in tight spaces. z_ a !arse, correson -free 'water far. made Of impact - resistant plastic fac ;,'a- ^i s teS ;1Sc Of the maChlr ` r i .;,e ^CCs, e c or C 4` without steps Or refilling Cr CleaninC Ci rC !+ the sprinkler system. Easily access!e filters effec ivel f prevent deibris fro" c!ccc ;rc the sprinkler n07 - CC 102 CC 122 fulfil the „erra -us for erticient and o� "at 93S} operation t G = ti •f eXpe - of rr cce'n ccmpactcr S. I City Council Agenda Item No. 6e • i\IEM0RANDUNI DATE: August 5, 1995 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 F------------------- PRS2PF. Y- aD-DY LSS--------- - - --LN JBM ------ RICHARD & JOLEEN MILLER 5127 FRANCE AVE N 164 JON & DONNA FAIRBANIKS 543,0 MORGAN AVE N 165 DAVID HOREJSH 2343 BROOKVIEW 166 CITY OF BROOKLYN CENTER 69TH & JUNE AVENUES 167 thru 177 & 182 J_ -MES & CHRISTINE PLOHOCKY 5357 COLFAX AVE N 178 U.S. POSTAL SERVICE 6 &4S LEE AVE N 179, ISO SAI & JESSE ROSSI 3000 QUARLES AVE 181 MRS. CLIFFORD LANE 6912 BROOKLYN' BLVD 1S3, I S=1 ROGER &MARSHA DOKKEN 3 S 1 S BURQUEST LA 1 S5 MICHAEL & CHARICE GOUDE 3 S 12 56TH AVE N 186, 187 LOY SWITZER & ELAINE NESHEIM- SWITZER 6839 PERRY AVE N 1 SS JON MARCOTTE 3307 62ND AVE N 189 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 \O. Date Nlayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6f ��Iq BROOKLYN CEAV BROOKLY C POLICE DEPARTMENT'~ POLICE M E MO RANDUM \ D V M TO: ,Michael >VlcCauley, City Manager FROM: Joel Downer. Chief of Police DATE: August 5, 1998 SUBJECT: Replacement of Police Sedan Police squad 9363, which is an unmarked police sedan, was damaged in a motor vehicle accident which occurred on June 15, 1998. Squad 4363 v, determined to be a total loss and the city has received $10.805 from the insurance company of the second driver involved. In addition to the insurance money, the finance department reports that the total amount of funding accumulated for replacement of squad 4363 is $19,030. • Squad 7'363 is a 199" q Ford Crown Victoria which was assigned as the patrol sergeant's vehicle for two years before being assigned to Captain McComb. Squad 7363 was scheduled to go out of service in the year 2000. I would like to replace squad x363 with a "lease return" sedan purchased from a dealership. The cost of the replacement vehicle is estimated at $13,000. JD /jm • ,edan mem City Council Agenda Item No. 6g • S `1EM 0RANDUM DATE: August 6, 1998 TO: iklichael McCauley, City Manager f .1 FROtiI: Scott Brink, City Engineer`s SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1998 -12, Contract 1998 -0. Landscaping Nodes Upgrade The 1998 Capital Improvements Project Fund budget includes $0,000 for Landscape Nodes Upgrade. Bids for Contract 1998 -0 were received and opened on August 6, 1998. The bidding results are tabulated as follows: Bidder Bid Amount Corrected Bid Thomas & Sons Construction. Inc. $3,421.00 $35,421.30 Schmidt Curb $43.393.00 $48,393.00 Of the two bids received, the lowest bid of $33.4? 1.30 was submitted by Thomas & Sons Construction, Inc. The original Engineer's Estimate for this project was $40,700. Essentially, this project consists of the improvement to the existing streetscape nodes on Summit Drive between Shingle Creek Parkway and Earle Brown Drive. Thomas & Sons Construction, Inc. has experience in performing all of the requirements included in this contract, and has performed similar projects for municipalities throughout Minnesota and the metropolitan area. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas & Sons Construction. Inc. This project also includes the replacement of landscaping materials as necessary. The City Forester and Street and Park Supervisor have reviewed the landscaping, and will be selectively replacing shrubs and trees as well as edging and mulching. It is estimated that the cost of landscaping materials will be less than $5,000, and the work will be completed by City crews. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Thomas & Sons Construction, Inc. • Member introduced the followina resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -12, CONTRACT 1998 -0, LANDSCAPING NODES UPGRADE WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1998 -12, bids were received, opened, and tabulated by the City Clerk and Engineer on the 6th day of August, 1998. Said bids were as follows: Bidder Bid Amount Corrected Bid Thomas & Sons Construction, Inc. $35,421.00 $35,421.30 Schmidt Curb $48,393.00 WHEREAS, it appears that Thomas & Sons Construction, Inc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas & Sons Construction, Inc. in the name of the City of Brooklyn Center, for Improvement Project No. 1998 -12 according to the plans and specifications therefor approved by the City Council and on file in the office of the Citv Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the new lowest bidder shall be retained until a contract is si 3. The estimated project costs and revenues are as follows: COSTS As Bid Contract $35,421.30 Contingency (10 %) $ 3,542.13 Admin. /Enaineerina /Legal S 5,000.00 Landscaping Materials S 5.000.00 • Total Estimated Project Cost $48,963.43 RESOLUTION NO. REVENUES Capital Improvements Fund $48.963.43 Total Estimated Revenue $48,963.43 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7a City of Brooklyn Center A great place to start.: great place to sta,.•. ® ) NIE%IORANDU.%I TO: Michael .l. NIcCaulev. Cite Tana <,er FROM: Sharon Knutson, City Clerk DATE: August 5, 1998 SUBJECT: Private Kennel License Application Submitted by Gregory and Barbara Ulbrich, 6807 Emerson Avenue North Chapter 1 of the Brooklyn Center Citv Ordinances (copy attached) requires the licensing of all private kennels, defined as any premise zoned or used for Rl and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. Section 1- 105.5b reads, "within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing . before the City Council to show cause why the City Manager's decision should be changed." The City Manager denied the application for a private kennel license for The Ulbrich's, 6807 Emerson Avenue North, allowing a period of six months to come into compliance with the ordinance. The Ulbrich Is have requested a hearing before the City Council to show cause why the decision should be changed. Following is a calendar of events from receipt of The Ulbrich's private kennel license application to request for public hearing. May 8, 1998 Received application for private kennel license from Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, to keep four dogs. May 19, 1998 Sent memorandum to the Building Official requesting a sanitation inspection be completed and a recommendation submitted. The attached e -mail from Janine Atchison indicates the dogs appeared to be in good condition and the yard had a few bare spots where the dogs run. May 19, 1998 Sent memorandum to Police Chief Joel Downer requesting a records check to verify anv dog • complaints. Report indicated no recorded dog complaints. 6301 Shingle Creek Pku Brooklyn Center, N 55430 -2199 • Cit_ Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3.100 • F.4.Y (612) 569 -3494 An Affirmatlue :fiction /Equal Opportunities Emplo,;er Memorandum to Michael J. T,\- IcCaule% Pa Au07ust 5, 1998 May 19, 1998 Mailed notice of receipt of application for private kennel license to owners of property within 150 feet of the applicant's property as required by City_ Ordinances Section 1- 105.5a. Mailed notice to the owner /applicant. itilav 21 through June 10, 1998 Received twelve written responses: five requesting denial, seven requesting approval. June 22, 1998 City Manager sent letter to The Ulbrich's denving application for a private kennel license and allowing until December 28, 1998. to come into compliance with City Ordinances. June 22, 1998 Mailed notice of denial of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5b. June 24, 1998 Received letter from The Ulbrich's requesting a public hearing before the City Council as allowed by Citv Ordinances Section 1- 105.5b. June 29, 1998 Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the applicant's property. July 8, 1998 Published public hearing notice in the Br•ookh•n Center Sure -Post setting date for public hearing as August 10, 1998. Attached for City Council review is a history of private kennel license applicants and the City's animal ordinance. Council Action It is requested that the Mayor open the public hearing, take public comments, close the public hearing, and then render a final decision to reverse, affirm. or amend the City Manager's decision to deny a private kennel license for Gregory and Barbara Ulbrich, 6807 Emerson Avenue North. Attachment Cltti• o Broo lr!r Center 6 01 J ;tin.;le Creek Pti�tz• • >jY i) -?199 (61?) 569 ?CO License Ap `� '�` Private Fennel Annual Fee: S30 Annual Expiration: September 30 Purpose: To provide the owner of more than two dogs or more than three cats exceeding six months of a <,ze residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to find a place where the animals can be legally, safely, and humanely harbored. Date: OWNER (APPLICANT) Name: 1 B. Inman Ulbrich First Middle seO Ira Ave. v. 9rook:ya Ca., �LV J_`- tdJ -1_`__ .��ddr:,SS: (Street Address. City, State, Zip) Telephone Number: .-\ttach a sk or drawing with this applicat ,n °scr ibing the construction and operation of the proposed F P P ktarel. or, if the animals are to b confined within the family dweilinQ unit,,indicate this in the space provided. Indicate the number of animals together with their name (if any), age, breed, .and sex (use additional sheets if necessary). i �i_�IIE AGE V BREED t i1ek �l I Vw /'J /✓ ( s I Li t� I Jet I tr' ✓ 1 I �a„t ? of �o�er't • The undersigned hereby applies for a private kennel license and acknowledges receipt of a copy of City Ordinance Sections 1 -101 through 1 -120 and attests the subject premises will be operated and maintained according to the requirements contained therein. Submitted with this application is proof of current rabies vaccination. City dog license for each animal, and the license fee in the amount of $30.00. �tJ VY't C being first duly sworn, upon his /her oath deposes and says that he /she is the person who has executed the foregoing application and that the statements made therein are true of his /her own knowledge and belief. Signan!re of applicant Subscribed and sworn to before me this day of ' Notary Public County ( I//Y�✓Y'�t %'� • �1My ? a Commission expir �) / 1 ar A0^A ft^"IAAAAAAA.^,',^ v:N,'.�4� %AA V11�Wx t NOTARY PUK!C- MINNESOTA b HENNEPIN COUNTY My Cornmissicn EXpires Jan, 31, 2000 v w w :gnv�nn.�vvwtiw x L PET LICENSE License Tag n � ��r��t ✓�_ No. =,,n_� M, Expires j �� )L -I_ Name T A,-'dress ) _� i I� ` 1 -1--- — 4 ` Amount Received S (_) CO Name of Animal �. t hlarkings Male�Female ( Unsexed l.' 4. - S 2/ / m Z' O�� Q J W a � 4 rr I V / �c•/ / f O / v ,� V / k,4/ / { I jC! C� Z l O ?/ <I/ 2 / / I hereby acknowledge receipt of amount indicated above, being the amount due for pet Ucense for one pet as described above. You are authorized to keep said pet without further payment until Pet Tax for next fis 1 year becomes due. Co By 1 L PET LICENSE License Tag y ►5� N o. - Expires Names - C A. A '-CZ Addr— �; !! Amount Received _ Name of Animal h ' 'i:& Marking `, Cc ` .Mile Female Unsexed �–c �J J �! Off:' O, �,' �/ / / j �Q �� 4Q O i / I hereby acknowledge receipt of arnount indicated above, being the amount due for pet license for one pet as describes above. You are authorized to keep said pet without further payment until Pet Tax for next fiscal year becomes due PET LICENSE License Tag Expi r t2 s j - C� Na e L �7 Amount Recoiyed .00 Ln Name of Animal a rK i n g s ale F. Female U nsexed 4 4, 1 4i 0" " U 4 41 / Q17/ J 'T 0 0 T1 6 ,l %;l %r , ! � i %i G %�1 /lil /i fl /l 1 hereby acknowledge receipt of amount indicated above, being the amount due for pet license for one pet as describeti above. You are authorized to keep said pet without further payment until Pat Tax for next fiscal year becomes due. 1 199 License T 9 PET LICENSE N o. Expir— Da r S CC) Address Amoun' Recciycd Name of Animal P ale J Female — Unsexed 4 41 (D ~l =% �c( �l.��l l / l ( l ° i / �c i O ! v ; V : � % � �c ' � .' / / l ��jU/ C4 ( S/ Q'/ O % ? / C ,' 2 / O i QQ f 4 l I hereby acknowledge receipt of amount indicated above, being the amount due for pe-, license for one pet as describe above. You are authorized to keep said pet without f urther payment until Pet Tax for next fiscal year becomes due pc c6 Office of the City Clerk Jw City of Brooh lyn Center V mom WILI 1 great place to start. A great place to stay. Sharon Knutson City Clerk ME %1OR <�vDUM TO: David Fisher, Building Official 1 FROM: Sharon Knutson, City Clerk DATE: May 19, 1998 SUBJECT: Private Kennel License Application for 6807 Emerson Avenue North On Ntav 8, 1998, I received an application for a private kennel license from Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, telephone number is 560 - 3452, to keep four dogs. Cite )Manager Michael McCaulev requests a sanitation inspection. by the inspection depart be completed and a recommendation be submitted. Please submit the report to me by %fav 29, 1998. Should you have any questions relevant to this inspection, please call me. Thank you for your cooperation. cc: Brad Hoffman 6301 Shingle Creek Pkwy, Brooklyn Center M-Y 55430 -2199 • City Hall & TDD Number ('612) 569 - 3300 Recreation ancz Community Center Phore &- TDD Vumber 6121 569 -3-100 AX i612i 569 -3 -94 Ar. A7 rmatzc Actio,. Eq uci Opport:�nit es Sharon Knutson - - -- - - - - -- - - - -- - - - -- -- - - - - -- - - - - - -- - -- -- - - -- - - -- -- -- ---- - - - - -- - -= From: Janine Atchison To: Sharon Knutson Subject: 6807 Emerson Ave N - Kennel License Date: Tuesday, June 16, 1998 2:17PM On June 5, 1998, 1 inspected the property at 6807 Emerson Ave N for the purpose of kennel licensing. The property is in overall fair shape. The dogs appear to be in good condition. One larger dog had to be restrained and placed in another room because it kept jumping up on me and, although the dog appeared to be friendly, it was painful and intimidating. The interior of the house does have a distinctive "dog" odor and I found a few bare spots in the back lawn where the dogs run. If you have an questions, please call me at 3314. Janine Pace 1 Office of the City Manager City of Brooklyn Center Ar Agreat place to slart, A great place to stab. • Michael I McCauley .City Alanaovr ID ME,NIORANDU TO: Joel Downer, Chief of Police FROM: Michael J. McCauley, City Manager DATE: Mav 19, 1995 SUBJECT: Private Kennel License Application for 6807 Emerson Avenue North On �1ay 8, 1998, an application for a private kennel license was received from Gregory and Barbara Ulbrich, 6807 Emerson Avenue North, to keep four dogs. Please provide me With a memorandum regarding any dog complaints on record under the owners Gregory • and Barbara Ulbrich, 6807 Emerson Avenue orth, by `lay ?9, 1995. Thank you for you; cooperation. 6.301 Shingle Creek Pku-,, Brooklvn Center. 1IV 55"30 -?19.9 ' City Hall & TDD :tiumoer !67 569-3300 Recreation ant Community Center Phone & TDD Nu,rce- i612,j 569.3400 ' F-�-Y (6121) 569-3494 A,2 AT'irmatiLe acticn,'Equcl Opportunities Employer j� � CENr BROOK CE POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, Cite Manager FRONT: Joel Downer, Chief of Polic DATE: May 21, 1998 SUBJECT: Private Kennel License Application for 6807 Emerson Avenue North The police department has no call for services on record relating to dog complaints tinder the owners Gregory and Barbara Ulbrich, 6807 Emerson Avenue North. JD:pph Office of the Citv Clerk City of Brooklyn Center • A great place to start. A great place to stay. Sharon Knutson City Clerk Nlay 19, 1998 Mr. Gregory Ulbrich ,\/Is. Barbara Ulbrich 6807 Emerson Avenue North Brooklyn Center, MN 55430 RE Private Fennel License Application Dear Mr. Ulbrich and Ms. Ulbrich: Your application for a private kennel license, license fee, and proof of current rabies vaccination and dog license for each animal have been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a sanitation inspection. Please be advised a notice /survey has been mailed to area property owners within 150 feet of your home. The City Manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the City Manager's decision. Should you have any questions relevant to your private kennel license application, please call me at 569 -3306. Sincerely, 7 Sharon Knutson City Clerk cc: City Manager Michael J. McCauley 6301 Shingle Creek Pku• Brook:yn Center, AT-V55- • CiFy Hall & TDD Numoer ('612; 569 -3300 Recreation. and Community Center Pron.a & TDD Number (612) 569 -3400 • F.--Y (6121 569 -3494 An A ; iirmat' e AC? 'on;'7q'�a' Opportunities Employer City of Brooklyn Center Agreat place to start. Agreat place to stay. May 19, 1995 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE ' o r' a Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, ivLV 55430 -� r equires k p City Ordinance Section 1 the City Clem �o mail notic.. of the license application � PP to the owners of property w thin 150 feet of the proposed kennel location. Within fourteen (1=1) days of the date of this notice, the City ivIanager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All Information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of ro e. , within 1�0 feet of the proposed kennel location. P P '� P P Please complete the following survey and return within fourteen days. Should the City h-Ianager approve a private kennel license for Gregory and Barbara Ulbrich to keep t*e dogs on their property at 6807 Emerson Avenue • North? (please circle) Fes No based on the following (please circle): excessive dog feces in vard excessive dog barking do bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name u / / �;' J i Address - i Signature Please mail ftis survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklvn Center, Minnesota. 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. ti ; ce C eeh b t ' 199 • 7 h J Q_ 030 i;.. r ��� BrcoRiyn Cen er, ._ � City cia . & DD � "u,r�.,er (ti��) �o., 3300 RecrecF cr and CommLLn;ty Center Pone UP TDD ti'z:moer "612),569-3-400 • F.-LX (612) 569 -349= :fin _ -IT- rmat; e _ cticr; Eq, - Opportµnities Employer City of Brooklyn Center A real g place to snarl, A great place to stay. r May 19, 1995 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, SIN 55430 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (1.1) days of the date of this notice, the City Manager will approve or deny the license application .based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. • Should the City M g ory anager approve a private kennel license for Gregory and Barbara Ulbrich to keep th ee dogs on their property at 3 Dre Avenue North? (please circle) zrne�s Yes / keir'eG'z / Kh� t�i�1z GCr - �lz�zc_ CZiiQ, Gc�t� �''K.c_� No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs ru ninq -at -large Other comments specifically related to the keeping of the dogs: Name Address /a X09 77 Signature 1 Please mail this survey to City Clerk, Cin' of Brooklyn Center, 301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 65x30. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. 6901 Swingle Creek Pkuv, BrockZvn Center, S5'90 -2199 • City Hall &; TDD Number (612) 569 -3300 Recreation, and Community Center Prone &; TDD umcer (612) 569 -3100 • .4-Y (613) 569 - 3494 An Oppor, Empioyer City of Brooklyn Center A great puce to start. A great place to stay. May 19, 1995 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6307 Emerson Avenue North, Brooklyn Center, lIlV 55430 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager, will approve or deny the license application based on the police report and NVRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Gregory and Barbara Ulbrich to keep tl *e dogs on their property at 6507 Emerson Avenue North? (please circle) (fes ?. No based on the following (please circle): excessive dog feces in vard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name J , Address Signature J Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Park-vay, Brooklvn Center, tilinresota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 569 -3306. 6301 Sringie Creek Pkwv, Brooklyn Center, 1•I4" 56430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Comrn.unitr Canter Pnene & TJn Vum^er (612) 569-13 • EA-Y (612) 569-349 An Azrm¢tice Acticn,'E, ual Opportunities Emoiover swill City of Brooklyn Center 4 great pierce to start.. great place to stay. • Ntay 19, 1995 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North Brooklyn Center, INN 55430 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and NVRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please survey complete the following and return within fourteen days. P � Y Should the City `Tanager approve a private kennel license for Gregory and Barbara Lbrich to keep tlt'ee dogs on their property at 6807 Emerson Avenue North? (please circle) I Yes, pr ovided the Cogs are reasonably q and cn l eashes Lunen taken for a walk. No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name 8u , EI_as Address 6806 Emers --n ,Ave. North Signature Please mail this survey to City Clerk. Citl; of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, iMinnesota, 55=30. Questions or concerns regarding the private kennel license • application should be directed to Civ; Clerk Sharon Knutson at 569 -3306. 6,301 Sizin'le Creek Pkwy, Brcoki,:n Center, M.� :55-i2 -2199 • City Hall & TDD Aum.oer (612) 569 -3300 Recreation and Ccmrnunity Center P cn-e & TDD ,- (612) 569 -3400 LY (613) 569 -3494 An .A 'irrratiue Amon l Eq cl Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • May 19, 1998 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, INUN 55430 City Ordinance Section 1-105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager, will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All `information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Gregory and Barbara Ulbrich to keep tlir dogs on their property at 6807 Emerson Avenue • North. (please circle) � 1 - 1 Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: V am Address �� > 7 Z' Signature Please mail this survey to City Clerk. CiEy of Brookyn Center, 6301 Shingle Creek Parkway. Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to Cicy Clerk Sharon Knutson at 569 -3306. 6301 Shingle Creek Pkwy, Brook +yn Certer..'Jf \ 55'30 -2199 • City Ha'? &- TDD - Vurnber (612) 569 -3300 Recreation and Community Center Pi ore - TDD Vurrtber (512) 569 -3400 • F.- "612) 569 - 349= An A,7:rmati;;e Actien,lEcua_' Opportunities Em:).oyer City of Brooklyn Center A great place to start. A great place to stay. • May 19, 1998 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, iNIIN 55.130 CI — Ly Ordinance Section 1- 105.5a requires the C—iiy to email notice of thic 'license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and NVR=N comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Gregory and • Barbara Ulbrich to keep dogs on their property at 6807 Emerson Avenue North? (please circle Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: 9J1 m iL,5, ch 11 ^ ( 3rooixi .- C.r, HN 55430.1525 ' Name Address Signature i i Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private ken -net license • application should be directed to City Clerk Sharon Knutson at 569 -3306. 6301 Shingle Creek Pkwy, Brookl Center, MN 551 • City Full & TDD N - umber (612) 569 -3300 Recreation and Community Center Phone & TDD ,'urnber (612) 569 -3700 • L'.-'z.i (612) 569 -3494 i -I A/ lrm.ati;;e ACtior, /EQ'lal Opportunities Emplol;er City of Brooklyn Center A great place to start. A great place to stay. May 19, 1995 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, MN 55430 City Ordinance Section 1- 1U5.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and `N'RITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Gregory and • Barbara Ulbrich to keep #aze dogs on their property at Avenue North? (please circle) �ur 6SD E: rsart D No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs run ping -at- large Other comments specifically related to the keeping of the dogs: Name � Address Signature '� 1 1 Please mail this survey to City Clerk, Ciuy of Brooklyn Center, 6301 Shingle Creek Parkway, • Brooklvn Center, Minnesota, 55 Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. 61 Shingle Creek Pkuv, Brooklyn Center, 'HIV 55430 -'?199 • City Hall & TDD Number (61 569 -3300 Recreation and Com.nunity Center Pkone &TDD Numoer (61 ?l 569 -3400 • F:-t (612) 569 -3494 A / _�c; c, ,'E4ucl O000rturities Em , ployer City of Brooklyn Center A great place to start. A great place to stay. tiiay 19, 199S NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, Nhi i 55430 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. . Should the City Manager approve a private kennel license for Gregory and Barbara tlbrich to keep theme dogs on their property at 5' -"- ° w Avenue North? (please circle) 6y c 0? firersor,- Yes o sed on the following (please circle): excessive dog feces in yard r excessive dog barking dogs bit oas r unning -at -large Other comments specifically related to the keeping of the dogs: Name J L� MCY L Address Si nature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. 6301 S ^ing'z Creek Pkwy, Brooklyn Center, 1L 66.130 -2199 • City Hall & TDD ,'umber (613) 669 -3300 Recreation and Community Center Phone & T JD ti (613) 669 -3-100 ' P.AX (012) 569-349 4 An AtTrmatiue Act:on!Ec-a.7 opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. May 19, 1995 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KEN'NT -L LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6807 Emerson Avenue North, Brooklyn Center, hLV 5 430 City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Gregory and Barbara Ulbrich to keep theme dogs on their property at Avenue North? (please circle) �'60y- 050'7 Yes 0 No sed on the following (please circle): excessive dog feces in yard excessive dog barkin dogs bite dogs running -at -large Other comments specifically relat�,�d to the keeping oche dogs: v U U Name Address Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, • Brooklvn Center, Minnesota, 55430, Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon K- nutson at 569 -3306. 6,301 S hingle Creek Pkwv, Brooklyn Center, `lV 55430 -2199 • City Hall & TDD Number (61?) 369 -3300 Recreation and Community Center Pkone ? - TDD Number (612) 569 -3400 - F-ff (612) 569 - 3=194 An ATftrmatiue Ac.ion!Equcl O .- ortLmities Employer City of Brooklyn Center A great place to start. A great place to stay. May 19, 1998 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Llbrich 6807 Emerson Avenue North, Brooklyn Center, 'NLNi 55430 C1 Ordinance Section 1- 105.5a r equires the City Clerk to mail notice of tl'ie license application Cit Y � � Y to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and retum within fourteen days. Should the City Manager approve a private kennel license for Gregory and . Barbara Ulbrich to keep three dogs on their property at 6807 Emerson Avenue North? (please circle) Yes D No ased on the following (please circle): excessive d fe ces. in vard e�cesive barking dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Addre Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklvn Center, Minnesota 55430. Questions or conc erns regarding the private kennel license i application should be directed to City Clerk Sharon Knutson at 569 -3306. 6301 Shingle Creep Pkwy, Brooklyn Center, 1IV 55430 -2199 • City Hall & TDD Number 1612) 569 -3300 Recreation and Community Center Phone &: TDD Number (612) 569 -3'00 • ra Y (61:?) 569 -3494 An A; Action /Ec:al Opportunities Employer City of Brooklyn Center A great place to start. A greet place to stay. May 19 1998 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four dogs. APPLICANT: Gregory and Barbara Ulbrich 6507 Emerson Avenue North, Brooklyn Center, iWN 55430 City Ordinance Section 1- 105.Sa requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Gregory and Barbara Ulbrich to keep tgree dogs on their property at 6807 Emerson Avenue North? (please circle) u Yes o�based on the following (please circle): excessive dog feces in yard excessive dog Q - dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name L re c L' L Address Signature_ Please mail this survey to City Clerk, City of Brooklvn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sharon Knutson at 569 -3306. 6301 Shingle Cree.Q Pku Brooklyn Center, City Hail ° TDD Number t'61) 6a9 -3300 F.ecreation and Commonly Center Prone 3: TDD `lumber (61 -' 069 -3700 • F--�X (612) 569 -3494 An G_oportunities Employer William & Patricia Johnson 6824 Fremont Place No Brookly n Center, MN 55430 May 21, 1998 Sharon Knutson Citv Clerk CITY OF BROOKLYN CENTER 601 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ms. Knutson: We are in receipt of your recent letter giving notification of a dog kennel application or the residents of 6807 Emerson Ave SO. While we have no objection to animals and pets, we do have an objection to excessive barking—at all hours of the day. Yes, the animals are confined to their yard, but the voice level to our home, one block away, is excessive. It is not just the barking, but the crying and moaning as well. We don't know if they are just being vocal because a squirrel is up the tree ... or is it because their chain or collar is caught and they are suffering. It is our wish that their request for a kennel license be denied by the city of Brooklyn Center. There are more than enough animals in our fine city and appreciate your limitations of two dogs per household. Sincerely, 4 --- William & Patrici ohnson WEJ %Pjj • "r- Yes No based on the following (please circle): excessive do, feces in yard excessive dog barn? �L U dogs bite dnvc rLnnina- at - laroP O" J i7' Other comments specifically re ted io tlip keeping of the dogs: Name BILL & PATrY JOHNSON 6824 FREMONT PL N Address BROOKLYN CENTER 3LN 55430 rr` � Si Please mail this survey to City Clerk, City of Brooklyn Center, 63 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 569 -3306. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall d- TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD dumber (612) 569 -3400 • FAX (612) 569 -3494 An Afzrmatiue Action /Equal Onpor *unities Employer r • Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. Michael J. McCauley City Manager June 22, 1998 1% r. Gregory Ulbrich GIs. Barbara Ulbrich 6807 Emerson Avenue North Brooklyn Center, MN 55=130 -1525 RE: Private Kennel License Application h Dear Mr. Ulbrich and Ms. Ulbrich: I have received your application for a private kennel license dated May 8, 1998. In accordance with Brooklyn Center City Ordinances, notice of the license application was mailed to property owners within 150 feet of the proposed kennel. The Police Department and Inspections Department submitted reports on the proposed kennel with relation to health and safety issues. The purpose of the ordinance is to provide the owner of more than two dogs exceeding six months of age residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to find a place where the animals can be legally, safely, and humanely harbored. After considering your application and the purpose of the ordinance, please be informed that I am denying your request for a private kennel license to house three or more dogs on your residential premises. You will be allowed until December 28, 1998, to come into compliance with City Ordinances which require no more than two dogs on your premises. I find that the issuance of this license would have an adverse affect on the health, safety, welfare, or property values of persons residing, living, or owning property within the immediate area. You should also be aware there are other City Ordinances which require Brooklyn Center residents to control barking and other nuisances generated by the keeping of pets, such as dogs, on their property. We expect all citizens will be in compliance with these requirements. Dog owners are particularly responsible for barking of their dogs and causing a nuisance to their neighbors. • 6301 Shingle Creeb Pkwy, Brooklyn Center, l- V 55.430 -2199 • City Hall & T DD Vumber (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 669 -3.100 • F_-�x (612) 569 -3494 An A�;irmatit e Action /Equal Opportunities Emplo NIr. Gregory Ulbrich Ms. Barbara Ulbrich Page June 22, 1998 Under Brooklyn Center City Ordinances, the City Manager's decision in these matters is appealable to the City Council. To institute this appeal process, you must submit to my office, within 14 days of receipt of this notice, a written request for a hearing before the City Council. Should you choose the appeal option, the City Council will hold a public hearing on your appeal after mailed notice to adjoining property owners. o t, Should you have an q uestions with re to this mutter, lease call City Cler:. Sharon Knutson at 569- Y any � �P 3300. Sincerely, Michael J. cCauley City Manager • Nn , I:sk cc: Sharon Knutson, City Clerk City of Brooklyn Center A great place to start. g reat p lace to stay. June 22, 199S N OTICE OF DEN1,4 L OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has denied an application for rivate kennel lice g T P license for Gregory and Barbara Ulbrich, 6807 Emerson avenue North, , and has allowed The tilbrich's until December 28 1998 to come into compliance with the City Ordinances which remises. The City t require no more than two dos on the Manager based his q � P decision on the intent of the City Ordinances to limit the keeping of animals in residential areas and written comments received by affected persons. • City Ordinance Section 1- 105.5b requires the City Clerk to mail notice of the City Manager's q .� decision to approve or deny the applicant's private kennel Iicense application to the owners of property within 150 feet of the proposed kennel location. The owner or any other affected person may request a hearing before die city council to show cause why the decision should be changed. A WRITTEN request for the hearing must be received by the City Manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request for a public hearing before the city council is received, notice of the date and time of the public hearing will be mailed to owners of property within 1 - feet of the proposed kennel location. Following the public hearing, the City Council shall render a final decision reversing affirming, or amending the decision of the City Manager. Questions or concerns regarding the private kenmel license application denial should be directed to City Clerk Sharon Knutson at 569 - 3306. n. Sharon Knutson 6,301 Shingle Creek Pkzcy, Brcoklvn Center, W-Y 554.30 -2199 • City Hall U'r TDD Number (612) 569 -3300 Recreation and Community Center Phone &; TDD Nurnber 1612! 569 -3.1 • F. Y +612) 569 -3494 An A; irnzatic Action /Equa.' Opportunities Employer June 24, 1998 • Ms. Sharon Knudson City Clerk City of Brooklyn Center Brooklyn Center, MN 55430 Dear Sharon, This letter is written to inform you of our desire to appeal the city manager's decision not to grant us a kennel license. Please inform all who will be involved with this appeal and contact us with the • necessary information at your earliest convenience. Thank you. Sincerely Barb Inman Ulbrich Gregory Ulbrich 6807 Emerson Avenue N. Brooklyn Center, MN 55430 560 -3452 • Office of the Cite Clerk Sharon Knutson City Clark: June ?9, 1998 'Ms. Barbara Inman Ulbrich Mr. Gregory Ulbrich 6807 Emerson Avenue North Brooklyn Center, I N 55430 RE: Private Kennel License Application - Request for Public Hearing Dear tits. Ulbrich and ' Ulbrich: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on "vlonday, August 10, 1998, at 7 p.m. or • as soon thereafter as the matter may be heard. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the City Council may have. Should you have any questions relevant to the public hearing, please call me at 569 -3306. Sincerely, Sharon Knutson, C,IC City Clerk enc. cc: City Manager Michael McCauley - Assistant City Manager Jane Chambers City of Brooklyn Center A great place to start. A great place to stay. June 29, 1998 NOTICE OF PUBLIC HEARING Monday, August 10, 1995 Council Chambers City Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO 'WHOM IT '. CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted by Gregory Ulbrich and Barbara Inman Ulbrich, 6807 Emerson Avenue North, to keep four dons should be changed. The City Council will make its decision based on the City inspector's report, any written comments by the applicant and any affected persons. and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. If you are unable to attend the City Council meeting, written comments should be directed to the City Council. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 569 -3306. Sharon Knutson • 6301 Shingle Creek Pkwy, Brooklvn Center, MN 50.30 -2199 • City Hall & TDD Number ('612) 569 -3300 Recreation and Communitv Center Phone & TDD Number ('612).569-3400 • F.-t -Y (612) 569-349 - An A; firmatiue Ace ion i Equal Opportunities Employer S+ily of Sroo Center (Official Publication) NOTICE OF PUBLIC HEARLNG TO WHOM IT NIAY CONCERN: M Jc >�TA NOTICE IS HEREBY GIVEN that the City Council o(: N E^ City of Brooklyn Center will hold a public hearing on .%L SU n play, August 10, 1998, at ', p.m. or as soon thereafter av t: 1N matter may be heard in the City Hall Council Chamb,i PUBLCA IONS 6301 Shingle Creek Parkway, to consider an application i Sun C;.rrent • Sun S<u: r - xu, Pest private kennel license submitted by Gregory Ulbrich if Barbara Inman Ulbrich, 6807 Emerson Avenue Non AFFIDAVIT OF PUBLICATION Brooklyn Center, Minnesota, Hennepin County. BRIEF STATEMENT OF CONTENTS OF APPLIC. TION: Ap fora p rivate kennel license to keep fog STATE OF MINNESOTA) dogs at he o residence t 6807 Emerson Avenue Nor Brooklyn Center, Minnesota, Hennepin County. SS. Sharon Knutson COUNTY OF HENNEPIN) City Clerk Douq Dance being duly Sworn on an oath says that hei (July 8, 1998) PUCty BC Kennel App. is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Post and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed Notice of Public Hearing which Is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first publiished on Wednesday. the 8th day of July , 1998. and .vas thereafter printed and published on every Wednesday to and including Wednesday, the day r 1998: and printed below is a copy of t7e lower case alphabet fro rn A o Z, both inclusive. which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: :i txxiefghij kl mnulxl c'SLl�vw�vv TITLE: Publlsner Acknowledged before me on this 8th day of July 1998. Notary PUDIIC RATE INFORMATION 1; Lo�..est classified rate paid by commercial users 2.55 oB line . for comparable space 2? %la.xlmum rate allowed oy law for the above matter 5.2n oer line- Pate ac :ally charged for the above matter 24 oar brie_ Barb and Greg Ulbrich � � � 19% • 6807 Emerson Avenue N. Brooklyn Center, tiLN 55430 July 14, 1998 William & Patricia Johnson 6824 Fremont Place N. Brooklyn Center, hiN 55430 Dear Mr. and Mrs. Johnson: We are writing in an attempt to explain our view on some of the issues regarding our recent kennel license application. It is our desire to keep our family of four dogs together for as long as the City will allow. ^ First of all, we want to apologize for what you considered to be "excessive barking." It is not our intent to alienate our neighbors with our "children," who happen to be dogs. While your conception of excessive barking is apparently different than ours, we do try to keep a handle on the noise. Apparently we also have different tolerance levels in this regard. This winter Barb was able to begin working from our home as a medical transcriptionist and therefore is home all day unless she is runnina errands. Thus, she is home to witness the extent of their barking most S of the time. When they go outside for ott • time we stay outside to supervise them and have P y � Y P recently taken up the practice of squirting them with a water bottle if, in our opinion, any noise might bother the neighbors. It is, in our opinion, a humane and effective way to control this. We hope you have noticed a difference. Please realize that "Bailey" and "Ponder" are simply big cry babies who evidently have separation anxiety, and we are working to break them of this. For this reason we are putting them with their siblings, toys, and favorite radio station in the basement when we have to leave in an attempt to distract them and muffle whatever crying there is. Plus, it's a lot cooler in the basement on hot, humid days (even with the AC on). You implied in your letter to the city that you didn't know if the dogs were suffering during these times. We want you to know that we most definitely do not mistreat or allow our animals, to suffer!!! As stated earlier, they are our children and are spoiled as such (maybe too much). They are never chained up, and are restrained with leashes only when Barb takes them for walks. Therefore, they cannot get caught and hurt when we are not in the house. We require our dogs to stay within the confines of our fenced in backyard. We do not allow them to become involved in the inherent dangers and nuisances of "running at large." And yes, they do like to bark at squirrels, a trait dogs have that we don't care for, either. • Additionally, you should know that we "rescued" three of the dogs from situations of severe neglect. With Barb being home all day, the dogs are far from being neglected. One of them was Kennel License Issues Page 2 July 13, 1998 so badly neglected and abused that he had no chance to learn socialization or housebreaking skills, so we chose to work with an animal behaviorist to help mold "Gaza" into the cherished pet he has finally become. We are still challenged with what appears to be a fear of abandonment/separation from which Ponder and Bailey seem to suffer. "Tequila" was adopted from Pet Haven, a no -kill. adoption organization similar to animal rescue groups like Homeward Bound, Last Hope, and Animal Ark. For your information, it will never be our intent to breed dogs. In fact, all of our dogs are spayed or neutered. In a world that is currently so overrun with unwanted and homeless dogs, we feel this would be foolish. Our goal is to share our home and love with our dogs who have had a less than ideal lives. We realize we can't change the world, but we want to help these animals. Greg and I have four dogs in part because we are painfully aware of the inconceivable number of homeless and unwanted dogs. You may have seen countless "animal adoptions" at stores and : where you shop. This is a heartbreaking fact of today's animal world and we have room in our home and hearts for more than two dogs. We feel that people should not have restrictions on the number of animals they have. We believe that this is about one's right to own property and have pets. • We certainly understand and appreciate everyone's right to a reasonably quiet environment, but we honestly do not fully understand your desire to deny us this kennel license. If you have any additional thoughts, we would appreciate hearing from you. If we are denied this kennel license and are forced to relocate two of our beloved pets, this will be an unbelievably heartbreaking, situation. If you are at all animal lovers, perhaps you can understand this. We have always loved animals, and Barb is currently going to school part time to pursue a second career as a veterinary technician. Please call us at 560 -3=152 if you are able to meet with us to discuss our mutual concerns over this kennel licensing. Also, we welcome you to call us directly any time you have a concern about our pets. We are all adults and 'hope that we can deal with each other in a n6zhborly way to work through these issues. Thank you for your consideration. Z - a ' rb and Greg Ulbrich cc: Ms. Sharon Knutson, City Clerk Ms. Janet Pillatzki, 6832 Fremont Place N. Mr. Harold Lehse, 6828 Fremont Place N. William & Patricia Johnson • 6334 Fremont Place No. Brooklyn Center, MN 55430 July 17, 1998 Sharon Knutson City Manager Offices City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Subject: Kennel License - 6807 Emerson Ave So. Dear Ms. Knutson: I received your notice dated June 29, advising a deny on the license application for Greg & Barb Ulbricn at the above address. I spoke with Ms. Ulbrich today after receiving a letter from her atld Greg, giving their reasons for the keeping of 4 dogs. I have t"") honestly say that the barking has been greatly reduced and you would really not even know they had dogs there. Our concern was that the dogs were to be bred; they have assured us that is not the case. They are genuine animal lovers, have spay and neutered their animals to stop further unneeded animal population, and shared their experience is rescuing these animals from neglect. Their yard is totally fenced; the animals are exercised on a leash. in reviewing all the details and knowing that the Ulbrichs only want the 4 dogs-- .because they just plait: love them so much, I would hope that when the City Council meets on August 10 it will reverse the earlier dadision. They truly care for their animals. Sincerely, Wm & Patricia Jo, e,/n WEJ% p • City of Brooklyn Center History City Ordinance/Private Kennel Licenses I. Animal Ordinance In reviewing amendments to the City's animal ordinance, following is a brief recap relating to private kennel licenses /keeping of animals. • Current - Chapter 1 of the City Ordinances provides that a family may obtain a private kennel license to have more than two dogs exceeding six months of age; private kennel license not to exceed three years. The application is forwarded to the City Manager for approval or denial. The applicant may request a public hearing before the City Council if the City Manager denies the license. • May 13, 1991 - Chapter 1 amended to authorize the City Manager to approve or deny private kennel licenses instead of a required public hearing before the City Council. The applicant may request a public hearing before the City Council if the City Manager denies the license. • September 27, 1982 - Chapter 1 amended to allow private kennel licenses to be issued to a person with more than two dogs exceeding six months of age. The process required a public hearing before the City Council. Language regarding keeping of dogs was amended to allow a family to keep no more than two dogs exceeding six months of age on the family premises without obtaining a private kennel license, not to exceed three years. • August 19, 1974 - Chapter 1 amended to allow no more than two dogs exceeding six months of age on the family premises —no private kennel licenses addressed in ordinance. • Prior to August 1974 - Chapter 1 provides for kennel license which requires every person who owns or keeps three or more dogs exceeding six months of age to obtain a kennel license —the maximum number of dogs permitted to be kept in a licensed kennel is five —any person may apply for special permission to keep more than five dogs, but not to exceed ten. The length of time the applicant has to keep more than three dogs is not addressed. II. Private Kennel License Applicants -Steven/Amy Kurvers, 5221 Drew Avenue N., to keep three dogs, applied 4/17/98 - 6/15/98 applicant notifies City that one of the dogs was put to sleep, in compliance , Brian Bacon, 5351 Emerson Avenue. to keep three dogs, applied 11/24/97 - denied by City Manager 12%26'97; given until 4/1/98 to come into compliance i - 5/8%98, citation issued to owner for non - compliance -1- -Patrick Hansen, 5425 Irving Avenue N., to keep three dogs, applied 7/28/97 - denied by City Manager - 9/26/97 public hearing before City Council 10/27/97 - denied by City Council; must be in compliance by 11/25/97 -CSO confirmed compliance 11/28/97 -Daniel Kitchin, 5601 Logan Avenue N., to keep five dogs, applied 6/18/97 - denied by City Manager - 9/8/97 public hearing before City Council -City Council continued public hearing 11/10/97 - applicant moved 11/14/97 -Verne Christensen, 6036 Kyle Avenue N., to keep three dogs, applied 6/5/97 - approved by City Manager for six months (1/19/98) then review - extension granted by City Manager for six months (7/17/98) -Mary Alice Kjeldahl, 6207 Kyle Avenue N., to keep three dogs, applied 5/15/97 - approved by City Manager for six months (12/9/97) then review - extension aranted by City Manager for six months (6/26/98) -Betty Lou Chosa, 6425 Fremont Avenue N., to keep three dogs, applied 6/23/97 - denied by City Manager ® - applicant came into compliance •Robert Johnson, 7112 Nloraan Avenue N., to keep four dogs, applied 3 /18/97 - denied by City Manager - applicant moved -Patricia/Bradley Shogren, 6312 France Avenue N'., to keep three dogs, applied 9/22/9' - denied by City Manager 10/26/94 - applicant requested public hearing before City Council - 12/19/94 public hearing before City Council -City- Council approved license until 9/30/95, then review (1st license year) -City Council approved license 9/25/95 until 9/30/96 (2nd license year) -City Council approved license 10/15/96 until 9/30 97 (3rd license year) -9/15/97 applicant requested extension - 10/7/97 City- Nlanaaer denies extension, includes Attorney's Opinion * -Jana Lynn Roberts, 6421 Bryant Avenue N., to keep four cats, applied 3/7/94 - denied by City Manager - applicant requested public hearing before City Council - 5/23/94 public hearing before City Council (1st license period) -City Council approved license until 9/30/95 (this was an 18 -month period) - 9/25/95 public hearing before City Council (2nd license period) -City Council approved license until 9/30/96 - 10/15/96 public hearing before City Council (3rd license period) -City Council approved license until 9/30/97 - applicant came into compliance within timeframe -Christine Marie Arneson, 5308 Humboldt Avenue N., to keep six cats. applied 7/20/94 - denied by City Manager with six -month period to remove excess animals - applicant came into compliance within timeframe -Jeffrey Guedes, 6319 Brooklyn Drive, to keep three dogs, applied 6/2/93 - denied by City Manager - applicant came into compliance -Richard M. Strong, 516 62nd Avenue N., to keep three dogs, applied 6/1/92 - denied by City Manager - applicant requested public hearing before City Council - 9/28/92 City Council held public hearing and denied license with one year to remove excess animal - applicant came into compliance within timeframe -Dale Thompson, 3300 Quarles Road, to keep four dogs, applied 6/221/92 - denied by City Manager - applicant requested public hearing before City Council - 9/28/92 City Council held public hearing and denied license with three months to remove excess animals - 12/4/92 applicant requests from City Manager extension of time to remove excess dogs and is granted until 1/31/93 - 1/26/93 applicant requests from City Manager another extension of time to remove excess dogs and is granted until 2 /19/93 - 2/25/93 Code Enforcement Officer issues citation to applicant for non - compliance -Debra Jean Wilcox, 5417 Fremont Avenue N., to keep three dogs. applied 3 /2/92 - denied by City Manager - applicant requested public hearing before City Council - 6/8/92 City Council held public hearing and denied license with six months to remove excess animals - 12/16/92 applicant in compliance -Debra Schlick. 6727 Perry Avenue N., to keep three dogs, applied 8/6/92 - denied by City Manager - applicant requested public hearing before City Council - 10/13/92 City Council held public hearing and denied license with three months to remove excess animals - 1/13/93 applicant requests from City Manager extension of time to keep dogs -1/26/9 3 _ City Manager. denies extension based on City Council decision - 2/1/93 applicant in compliance • -Sharon Weise, 6730 Dupont Avenue N., to keep three dogs, applied 11/12/90 - 2/11/91 public hearing before City Councit -City Council approved license for one year only - applicant came into compliance within timeframe * -Diane Baer, 6915 Lee Avenue N., to keep three dogs, applied 11/1/89 - 11/13/89 public hearing before City Council -City Council approved license for one -year period - 2/11/91 public hearing before City Council for reconsideration (extension) -City Council approved extension to 9/1/91 - applicant in compliance within timeframe -Sara Wiegand, 4206 66th Avenue N., to keep three dogs, applied 6/26/89 - 7/24/89 public hearing before City Council -City Council approved license for one year and allowed applicant to apply for 2nd year - 9/24/90 public hearing before City Council -City Council approved renewal until 9/30/91 - applicant in compliance within timeframe ** -James Zimmer, 5729 Bryant Avenue N., to keep three dogs, applied 3 /13/86 - 4/7/86 public hearing before City Council (1st license period) -City Council approved license for one -year period - 5/4/87 public hearing before Cite Council (22nd license period) -City Council approved renewal until 11/1/88 (this was an 18 -month period) - 11/21/88 public hearing before City Council (3rd license period) -City Council approved renewal until 10,'1/89 - applicant in compliance 10/15/89 -Mabel Rustad, 5229 Great View Avenue N. to keep four cats, applied 3/13/89 - 4/24/89 public hearing before City Council -City Council denied license and requested staff to prepare a resolution with findings which allow the owner 30 days in which to remove the excess cats -f J -5/ 8/89 City Council approved resolution which denies private kennel lic -Roger Lee Olson, 5449 Emerson Avenue N., to keep three dogs, applied 5/2/89 - 6/12/89 public hearing scheduled -Nlx. Olson withdrew application prior to meeting - 7/19/89 applicant in compliance In reviewing these private kennel license applicant files, there is one instance in which the City Council approved the private kennel license for a one -year period and the applicant requested an extension from the City Council after the one -year period (it is indicated with a single asterisk * ). There are two other instances in which the period of time exceeds three years (they are indicated with a double asterisk * *) and is due to the City Council approving a license for an 18 -month • period of time. There are no applicants requesting an extension after the Council had approved the third and final license period. City Council Agenda Item No. 8a i • 33 tillili tii \iI� \lair r 14 1 !`{Ill1 \�'I It 1111. K't \ \t ti')n)�,l t4.i t)itt Thomas L. Johnson 612 343 -2820 thomas.johnson*gpmlaw.com August 10, 1998 Brooklyn Center Mayor and City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor and City Council Members: Since I last communicated with you, I have been working with your staff on revising the proposed changes to the secondhand goods dealer ordinance to better incorporate the concerns of Grow Biz International ( "GBI "). While the revised staff proposal from Mr. LeFevere takes into account several of the suggestions made by GBI, we still have numerous concerns. The most significant concern is in the scope of the reporting requirements. The GBI proposal takes a different approach from the staff proposal, in that it sets forth a limited list of goods, known to be targets of theft, that fall under the ordinance. Mr. LeFevere describes this difference as one of "draftsmanship." If only that were the case. The GBI approach would focus the ordinance on the theft problem as it exists in Brooklyn Center and to the extent it can be identified. The staff proposal, on the other hand, requires secondhand dealers to record and report every transaction in which they purchase secondhand goods from a customer, with limited exceptions. This is a significant increase over the current ordinance's requirements and imposes a substantial burden on dealers. This provision catches in its broad sweep many items which are not likely to have been stolen, and whose value does not warrant the burden such recordkeeping will impose: hockey pucks, baseballs, low -value computer accessories such as mouse pads, and music stands, to name a few. While the staff proposal does exempt purchases of used CD's and video games from the photographing and reporting requirements, it is not clear why these low -value items are excluded while others -- which are even less likely to be stolen -- are still included. GBI proposes, at a minimum, a value threshold, below which no recording and, particularly, no reporting is required. - GRAY, PLANI', Mool'Y, Mol)IY & Bt ,NEri, P. I11TORNEY.t 11 LAW Brooklyn Center City Council August 10, 1998 Page 2 The remaining concerns are, in comparison, less significant, although still meaningful to GBI. First, GBI suggests the exception for used toys be expanded to also exclude children's appliances and safety devices (clothing and furniture are already exempted elsewhere). Second, GBI suggests exempting (i) items placed on consignment, (ii) items for which store credit is given, and (iii) trade -ins for items of equal or greater value. Thieves are after cash, not used goods; a thief is simply not likely to use stolen goods to obtain other used goods or to await payment for items placed on consignment. Third, GBI suggests amending further the photograph requirement so that the photocopy of the seller's identification must reference the record of the transaction rather than having a ing the dealer make a photocopy of the receipt. Fourth, a receipt should be necessary only if requested by the seller, particularly if it is to require as much information as set out in the staff's proposal. In addition, the clause requiring the physical description of the seller on receipts should be deleted as it was for records. Finally, GBI continues to be concerned about the size of Brooklyn Center's licensing fee for secondhand dealers. The current fee vastly exceeds that of other cities. Minneapolis, for example, charges $225 annually. Because this ordinance incorporates computerized recordkeeping and reporting, it should reduce the staff time required to enter reports from dealers, thereby reducing the administrative costs of regulating secondhand dealers. Since license fees must be reasonably related to the actual costs of regulating the licensees, GBI suggests that the annual license fee be reduced accordingly. We appreciate your staff's willingness to work with us and to make some changes to reflect our suggestions. We hope that we can continue to work together to make the ordinance both an effective law enforcement tool and a reasonable regulation of legitimate businesses. Very truly yours, GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. By iCj Thomas L. Johnson cc: Michael McCauley, City Manager Charles L. LeFevere, City Attorney Joel Downer, Chief of Police GP:507207 v 1 I� GROW BIZ INTERNATIONAL PROPOSED SECONDHAND DEALERS ORDINANCE Section 1. Definitions For the purpose of Sections 1 through 14, the terms defined in this section have the following meanings: (a) Secondhand Goods Dealer shall mean a natural person, partnership or corporation, which, as its primary business, sells and receives secondhand items. (b) Secondhand item shall mean the following personal property, if previously owned, used, rented or leased: (1) Laptop computers; (2) Bicycles; (3) Camera equipment; (4) Electronic audio or video equipment which the dealer intends to sell for $100 or more; (5) Precious jewelry or gems, and precious metals; (6) Artist signed or artist attributed works of art; (7) Guns and firearms; (8) Sporting equipment which the dealer intends to sell for $100 or more; (9) Items not included in the above, except furniture and kitchen or laundry appliances, having a serial number or operation identification number and which the secondhand goods dealer intends to sell for more than $100. Section 2. Licenses. The annual fee for a secondhand goods dealer license shall be two hundred and twenty five dollars ($225). Section 3. Exceptions These license requirements do not apply to or include the following: (a) The sale of secondhand goods where all of the following conditions are present:" Proposed Secondhand Dealers Ordinance Page 2 1. The sale is held on property occupied as a dwelling by the seller, or owned, rented or leased by a charitable or political organization; 2. The items offered for sale are owned by the occupant; 3. The sale does not exceed a period of seventy -two (72) consecutive hours; 4. Not more than two (2) sales are held either by the same person or on the same property in any twelve month period; and 5. None of the items offered for sale have been purchased for resale or received on consignment for purpose of resale. (b) The sale of goods at an auction held by a licensed auctioneer. (c) The receipt of goods on consignment, the receipt of goods in trade for other merchandise from the dealer, and the receipt of goods when store credit is given as payment. (d) A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. (e) Goods sold at a public market. (f) Goods sold at an exhibition. (g) Resale of merchandise returned to the seller after an initial sale by the seller. Section 4. Investigations (a) The chief of police or the chief's designee shall investigate the truthfulness of the statements set forth in the application and shall endorse the findings thereon. The applicant shall furnish to the investigator such evidence as the investigator may reasonably require in support of the statements set forth in the application, or in answer to any questions raised by the investigation. (b) An applicant for a new license shall reimburse the city for any extraordinary costs or investigative expenses involved in verifying the license application or assuring compliance with this ordinance. When the investigator determines an application may require extraordinary investigative expenses, the applicant shall be notified and given the opportunity to withdraw the Proposed Secondhand Dealers Ordinance Page 3 application. If the investigation process is conducted solely within the State of Minnesota, the fee shall not exceed five hundred dollars ($500); if the investigation is conducted outside the State of Minnesota, the city may recover the actual investigation costs not exceeding ten thousand dollars ($10,000). Section 5. Application requirements. (a) The completed application form shall contain all information indicated, including: (1) Full name, place, date of birth, residence address and residence phone number of the applicant. (2) A statement as to whether, within the preceding five (5) years, the applicant has been convicted of any law relating to theft, damage or trespass to property, sale of a controlled substance, or the operation of business; the nature of such offense and the penalty assessed. (3) The business address and the name and address of the owner of the premises. (4) Whether the applicant is a natural person, corporation, or partnership, and: a. If the applicant is a corporation, the state of the incorporation and the names and addresses of all officers and directors. b. If the applicant is a partnership, the names and addresses of all partners. (5) The name of the manager or proprietor of the business, and the information required in paragraphs (1) and (2) for each manager or proprietor. (b) If the applicant is a natural person, the application shall be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by a general partner. (c) No person shall make any material false statement in the application. In addition to other penalties, the licensee's license may be revoked by the city council for giving false information on the application. Section 6. Bond. A secondhand goods dealer license will not be issued unless the applicant files a bond in the amount of ten thousand dollars ($10,000.00) executed by a corporation authorized to do business in this State and conditioned that in conducting such business the licensee will observe all laws in relation to secondhand goods dealers and will conduct business in conformity thereto, Proposed Secondhand Dealers Ordinance Page 4 and that the licensee will account for and deliver to any person legally entitled any goods which have come into the licensee's possession through the licensee's business as a secondhand goods dealer, or in lieu thereof, will pay the reasonable value in money to the person. Such bond shall be maintained so long as the secondhand goods dealer does business, and shall be for the benefit of the city or any person who shall suffer any damage through the act of such secondhand goods dealer and shall not be terminable without the bond company giving written notice thirty (30) days in advance of termination to the city clerk. Section 7. Records required. (a) A licensed secondhand goods dealer, at the time of receipt of a secondhand item, as defined in section 1, must immediately record in a computerized storage system the following information: (1) The full name, address, telephone number, and date of birth of the seller. (2) The time, date and place of the transaction. (3) A complete description of the item sold, including all identifying numbers and identifying marks. (4) The purchase price. (5) The identification number from any of the following forms of identification of the seller: a. a valid picture driver's license; b. official state photo identification, passport or Military ID. (b) The records required herein shall be kept at the licensee's place of business for three (3) years, and shall be available for police inspection at any reasonable time. Section 8. Daily Reports. A licensed secondhand goods dealer shall submit the computerized records required in section 7(a) to the Police Department on a daily basis. The records must be transmitted by the method and in the format proscribed by the Police Department. Proposed Secondhand Dealers Ordinance Page 5 Section 9. Receipts. A licensed secondhand goods dealer must, upon request, provide a receipt to the seller of any secondhand item which includes the information required under Section 7(a), and which includes the signature of the licensee or licensee's employee making the purchase. Section 10. Inspection. Any person, firm or corporation licensed as a secondhand dealer under this article shall, at all times during the terms of said license, allow the chief of police, or any member of the police force designated by the chief of police, to enter the premises where the licensee is carrying on such business or at any property or buildings used for storage of items related to the business, for the purpose of inspecting such premises and inspecting the goods, wares and merchandise therein for the purpose of locating goods suspected or alleged to have been stolen or otherwise improperly disposed of. Section 11. Holding of property. (a) When the chief of police, or any member of the police force designated by the chief of police, notifies any secondhand goods dealer not to sell any property purchased by the dealer, the secondhand goods dealer shall not sell such property until such property is released in writing by the chief of police, or the chief's designee. Said notification, if verbal, shall be followed by a written order within seventy two (72) hours, setting forth the item to be held and the reasons for the hold order. An order to hold shall expire ninety (90) days from the date it is placed, unless the police determine the hold is still necessary and notify the dealer in writing. (b) No secondhand item purchased by any licensee under shall be sold or otherwise transferred from the place of business of licensee until twelve (12) working days after the copy of the records required by section 7(a) have been transmitted to the chief of police, except upon written permission of the chief of police. Section 12. Report of stolen or lost goods. (a) A licensed secondhand goods dealer must report to the police any item received, or sought to be received, that the licensee has reason to believe may have been stolen or lost. (b) A licensed secondhand goods dealer may not receive items from which a serial number or other personal identification number or symbol has been, or appears to have been, removed, altered, or obliterated. Section 13. Prohibited transactions. (a) No secondhand goods dealer shall purchase any item from any person under age eighteen (18), unless the parent or guardian of the minor provides consent in writing. " Proposed Secondhand Dealers Ordinance Page 6 (b) No secondhand goods dealer shall knowingly purchase any item from an intoxicated person or one of unsound mind. (c) A secondhand goods dealer may not receive goods unless the seller presents identification in the form specified in section 7(a)(5). (d) No person shall sell any article of property not their own; nor shall any person sell the property of another, whether with permission or without; nor shall any person sell any article of property in which another has a security interest; to any licensee. (e) No person seeking to sell any article of property to any licensee shall give a false or fictitious name; nor give a false date of birth, nor give a false or out of date address of residence or telephone number; nor present a false driver's license or identification card to any licensee. Section 14. Method of payment. When a secondhand goods dealer accepts an item for purchase for more than $100, payment shall be made by check only, made payable to the actual intended seller. Cash payment may be made for items purchased by a secondhand goods dealer for $100 or less. GP:505286 vl � CfkT BROOKLYN CENTER = =� ?OLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel D DATE: August 5, 1998 SUBJECT: Pawnshop /Secondhand Goods Dealer Ordinance This memorandum outlines the differences between the proposed ordinance and recommendations made by Thomas Johnson who represents Grow Biz, International. Grow Biz Suggestions Proposed Ordinance Comments 10 23 -601 - Definition Mr. Johnson proposes that The proposed ordinance It appears the proposed the definition of language accurately ordinance language is secondhand goods and describes a secondhand accurate and appropriate. dealers be limited to items goods dealer as a person more likely to be stolen. who sells or receives tangible personal property that is previously, used, rented, owned, or leased. 23 -602 Exemptions Mr. Johnson proposes a Language in the proposed Attempting to develop an list of items that is ordinance already reflects inclusive list of inclusive rather than the addition of several transactions and goods to exclusive. He proposes items and types of sales to be covered by the that exemptions be be excluded. ordinance may result in narrowed from the certain transactions or existing proposal. goods being omitted by oversight. The list of exclusions has the greater potential to protect the community. Grow Biz Suggestions Proposed Ordinance Comments 23 -602 Exemptions Mr. Johnson proposes an The current language in Allowing an exemption (Continued) exemption for trade -ins the proposed ordinance for trade -ins could easily that is expanded to does not exempt these result in higher priced include store credit types of transactions. items being traded for transactions, consignment significantly lower priced transactions, and trade -ins items with no record of for used goods. the transaction. A burglar who steals computer equipment valued at $5,000 would be able to trade the computer equipment for $1,000 worth of stereo equipment without any record of the transaction. ComQromise: Store credit transactions, consignment transactions, and trade -ins for used goods are exempt if the transaction is less than $100. 23 -606 Application NIr. Johnson addressed The police department other concerns including needs to have sufficient the application for license. information on any license application so that a thorough background may be completed prior to issuance of license. 23 -607 Bond Mr. Johnson proposes that The bond increase is a the bond amount be good idea. increased to $10.000 and a requirement be added The returning of stolen that stolen property be property directly to the returned to the owner. owner would prevent the police from tracking stolen property. Stolen property from a secondhand goods dealer should be returned to the police for proper inventorying and the police will return the property to the rightful owner. Grow Biz Suggestions Proposed Ordinance Comments 23 -618 Mr. Johnson proposes that The language in the language pertaining to proposed ordinance pawnbrokers be removed addresses both so the ordinance is limited secondhand goods dealers to secondhand dealers. and pawnbrokers. 23 -618 Records Mr. Johnson proposed The proposed ordinance Photographs are that the photograph language requires a extremely valuable to law requirement for photographic record of the enforcement investigation transactions be removed. seller, the identification and assist in matching used, and the transaction names and faces of receipt using a split image suspects. Suspects in photographic device. A possession of stolen video record of the seller, property are deterred if the identification used, they know that and the transaction receipt transactions are may be used in place of a photographed. Video photographic record, recording of business provided the video transactions is also a recording device produces robbery and theft a clear image of at least deterrent. five seconds in duration. Compromise: A valid government issued P hoto identification may be presented in transactions under $100. The identification and receipt of transaction will be photo copied. 23 -619 Daily Reports Mr. Johnson proposes that The proposed ordinance This may be a good idea records and reports be language states that a but it is not mandatory at stored and transmitted computerized record of this time. electronically. transactions is required, however it is not required to be transmitted electronically to the police department. r J Gro Biz Suggestions Proposed Ordinance Comments 23 -619 Daily Reports Mr. Johnson proposes that The proposed ordinance New merchandise must and Exemptions records, reports, and language requires records, also be included in the receipts be limited to reports, and receipts be ordinance. secondhand items as made on all transactions. defined. 23 -621 Holding Mr. Johnson proposes that The proposed ordinance Property must be held at the holding period be kept recommends a 30 day least 30 days to give at 12 days and only apply holding period. victims the opportunity to to secondhand items as discover and report thefts. defined. A resident leaving on vacation for two weeks may not have the opportunity to discover and report a burglary or theft before the items are sold by a secondhand goods dealer. 23 -622 Receipt Mr. Johnson proposes that The proposed ordinance Receipts must be receipts be required upon language requires receipts mandatory to protect the request only. for all transactions. business and the customers. Most honest customers want receipts and most criminals do not want a record of their illegal activity. 23 -623 Police Orders Mr. Johnson requests that The proposed ordinance 72 hours simply is not a verbal police hold on states that a police hold, if enough time in which to property be followed with verbal, should be followed obtain a written order. 14 a written order ,vithin 72 by a written order within days is a more reasonable hours. i 4 days. time frame. Grow Biz Suggestions Proposed Ordinance Comments 23 -629 Payments By Mr. Johnson proposes that The current land -uage in Check when a secondhand dealer the proposed ordinance makes a payment for a states that when a secondhand item the secondhand goods dealer payment must be made by makes payment in an check. amount greater than $100 for an item or items received, that payment shall be made by check. Mr. Johnson also This appears to be a good proposed that a manager idea. requirement be added. *,.vncrd4.mem ' ti 0 Pillsbury (;inter ® 200 South Sixth tit ear Minneapolis MN W_' (61- 33' -9300 :r!ehhon,: (o1-1) 33,-`)310 fax H A R T E R E D e- mail: attys(D lcenncd grave::.. :orn C HARLEs L. LEF EVERE Attorney at Law (612) 337 - 9215 c]eFevere@ kennedy-graven.com August 4, 1998 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Pawn Shop Ordinance Dear Mike: Chief Downer and I have ' e met wi th Mr. Tom Johnson, the attorney for Grow Biz, International, regarding the City's pawn shop ordinance. Although there was much about the City's draft ordinance which Grow Biz did not like or believe to be necessary, we ,vere able to identify three primary concerns: (1) license fees: (2) holding period; and (3) identification of person selling goods to the dealer. Following that meeting, on Julv 16, 1998, we were provided with a copy of a revised draft or linance as proposed by Grow Biz. A copy of the ordinance proposed by Grow Biz is attached. A ? .' _ t .I _ A-... t _ 15... -. i ., ' .L - - ._... .. _ _ ..1_. i. t"- k! a ! 1 - C 1.) ¢ Lt: 6111 c)1111:1u1:�,':, l)a J�.11 ±ill iii. i.ii �, (1Jtii: ill liiii4;7•. ; ..viii:] t v:: iii �-- tv 1.i.. City Council but revised somewhat to address the primary concerns of Grow Biz. I. PRIMARY CONCERNS OF GROW BIZ A. License Fees Grow Biz is concerned that increased reporting to the police department will result in higher license fees being charged by the City. Whccher to increase fees will be a decision for the City Council to make in the future. If the police , {apartment has increased costs because of the additional paperwork generated by the repnrr fr; rn pawn brokers and secondhand goods dealers, • a fee increase could be recommended. However, obviously the City Council will not be required to increase fees if it does not wish to do so. If the Council finds at a later date that costs of administration are increased by record keeping, yet the Council does not wish to increase fees, it may simply decline to increase fees or it may decide to amend the ordinance so that the police Mr. Mike McCauley August -I, 1998 Page 2 department partment does not receive as much information. In any case, a fee increase is not presently proposed and no amendment to the ordinance would compel the City Council to increase fees if it did not wish to do so in the future. B. Holding Period The draft ordinance previously submitted to the City Council provided for a holding period for secondhand goods of 30 days. Grow Biz objected to a holding period of this length, citing the burdens of the need for additional storage space for inventory being held for the holding period and the need for rapid turnover in response to seasonal demand (band instruments at the beginning of the school year, hockey equipment at the beginning of the hockey season, etc.). The justification stated by the police department for the holding period is that identifying and recovering stolen goods is only practical when the goods are still in the hands of the secondhand goods dealer. A longer holding period is desirable because there is often a delay between the time goods are stolen and the time they are found to be missing and reported to the police. For example, a victim may be on vacation during the theft and not return for one or two weeks, or goods stolen may not be missed immediately by the victim. Therefore, for law enforcement purposes, the longer holding period would seem to be desirable. However, the licensee would like to have the holding period be a short as possible. In the h ordinanc � attac ed amended version of the statt proposed ., the holdin period for secondhand goods dealers is reduced to 12 clays. This is the period of time specified in the ordinance currently in effect for secondhand i -oods which are required to be reported to the police. C. Identification of Person Selling Goods to Dealer The draft ordinance previously submitted by staff requires persons selling goods to secondhand goods dealers to be identified in two ways under Section 23 -618. The first is that records must be kept by t L__ L__ _. �I1C d ealers L)1 Ilielltllying UQIQ about tiiG JGll�I and tll\: ituiiiVGi itiJii: ii l,/icciily identification. This information is to include a description of sex, race, and approximate height. In addition, secondhand goods dealers are required to make a photographic record of the seller (which may be by video recorder). These are both requirements of the ordinance now in effect for items required to be reported to the police. (The draft ordinance previously submitted to the City Council has excluded from the requirement of photographing persons those involved in consignment sales and the sale of computer cartridges, video games and CDs.) The police department feels that these requirements are useful to identify persons selling stolen goods, to deter such persons from attempting to sell goods, and perhaps to deter people from stealing in the first place because they cannot easily dispose of stolen goods without identifying themselves. e CLL- 137998 BR291 -3 Mr. Mike McCauley August 4, 1998 Page 3 Grew Biz has a number of objections to these requirements. One of these objections is based on the assertion that the police department does not want as much information or data as the ordinance requires. The police department does not agree with Grow Biz on this point. Grow Biz also argues that this requirement, alone with others in the ordinance, is unnecessary because almost all property taken in by secondhand goods dealers is legitimate. While this is undoubtedly true, it may be a result of the effectiveness of city ordinances in deterring the sale of stolen goods rather than proof that the ordinances are not needed. Grow Biz notes that many ;roods cannot be described with sufficient specificity to be helpful in the recovery of stolen goods. The example of a hockey puck came up often. There are no doubt many cases in which this is true. The ordinance cannot solve all problems relating to stolen goods. However, even though descriptions may not be precise in all cases, if a transaction involving hockey equipment, fishing gear, and boxing gloves is reported to the police shortly after such goods are stolen from a garage, this information would be helpful to the police department. In short, many of the arguments of Grow Biz are based on assertions that the police department does not need the information requested, assertions with which the police department does not agree. However, Grow Biz has also objected to the regulations on the basis of the burden of the regulations on its businesses. Much of the information required by current ordinances is already maintained by the secondhand goods dealers in a computer form which could easily be downloaded to the police department on a daily basis. However, the procedures currently in place do not include taking information on the race, sex, or height of a person selling goods, and Grow Biz would like to have this requirement removed. Additionally, Grow Biz objects to the requirement that every customer selling goods be photographed. Presumably this is not only an expense and inconvenience but also hurts the image of the business as well. I " 1. that L,.,« «L.- �..1..«'....,.. 1 «;., ,: --- i li ' ,,.,.a „t 1.,,- •�«. ;:c. -- th Co fcels th Lilt reou'lati relating to denit al.� tilivii vi J%;1. hJ i un' l �:. .,.•.,... t given the utility of the information to the police information, it has several options, including: 1. Delete the requirement of a photographic records for secondhand goods dealers but leave the requirement in place for pawn brokers. 2. Delete the requirement of photographic records for both pawn brokers and secondhand goods dealers. 3. Add to the list of transactions which do not require a photographic record. Under the current draft of the ordinance. transactions involving consignment house dealers, computer cartridges, portable video `James, and compact discs do not require a • CLL- 137998 BR291 --3 t'Ir. Mike McCauley August 4, 1998 Page 4 photographic record. If there are specific kinds of transactions about which the City Council is concerned, this list of exclusions could be increased. 4. Leave the ordinance as proposed in the previous draft submitted to the City Council with photographic records required except in the case of the listed exclusions. 5. Substitute an alternative form of record such as taking a photographic record of the photo ID presented by the seller. In the attached draft ordinance, I have made the change to Section 23 -618 ((,) necessary to make such a change for consideration by the City Council. Finally, the attached draft ordinance deletes the requirement that the identification of the seller include a notation as to race, sex, and approximate height in Section 23 -618 (d). 11. ORDINANCE PROPOSED BY GROW BIZ Other than the holding period and record keeping requirements which are addressed above, the primary difference between the original staff proposed ordinance and the ordinance proposed by Grow Biz is that the staff ordinance regulates all secondhand goods dealers except those which are excluded by the ordinance, while the Grow Biz proposal specifies all transactions subject to regulation. It should first be pointed out that these two approaches are merely a matter of draftsmanship. One can wind up at the same point by starting with all secondhand goods transactions and excluding some as by explicitly describing all of the transactions included. As a practical matter, attempting to list all of the regulated transactions may lead to leaving some out by oversight or because new goods are invented which become targets for theft. This will not occur if all transactions are included except for those which the Council makes a purposeful decision to exclude. It may be, of course, that the Council will not initially think of all of the secondhand goods transactions which it wishes to exclude from the operation of the ordinance. However, that problem t can be adiresfi� i l y _`�: _ _ _ �.� pr :.. a -° :.;, ::F C;c" = ° j i:i sinnple o u:inG Liu a C mri.iit aliu its to i..v ......led transactions. The potential problem of attempting to list all included transactions and having some be omitted by oversight is perhaps demonstrated by the Grow Biz draft ordinance. In attempting to list all transactions which would be included, the following, as examples of matters which would be of interest to the police department, have been omitted: 1. All transactions involving tools, both power or hand operated, are unregulated unless the tools have a serial number and the dealer intends to sell them for more than $100. Therefore, for example, a person could offer to sell to a secondhand goods dealer two dozen portable drills, and the transaction would not be covered by the ordinance. • CLL-147998 BR291 -4 Mr. Mike McCauley August 4, 1998 Page 5 2. The ordinance does not include reporting on sales of computers or computer equipment (except for lap top computers) unless the computers have a serial number and the dealer intends to sell them for over $100. 3. Unless goods have serial numbers and the dealer intends to sell them for more than $100, no transaction for the sale of televisions, car stereos, VCRs, or compact discs would be reported. 4. No transactions involving CDs or computer games would have to be reported. 5. All sporting goods equipment would be excluded unless the dealer intended to sell an item for more than $100. Some of the items sold by Grow Biz, such as used toys, would be excluded from licensing under the original staff proposal. Other transactions at Grow Biz businesses, such as sales of computer games, CDs, etc., are regulated, but no photographic record is required under the previous draft of the ordinance provided by staff. The proposal by Grow Biz would seem to have the effect of excluding almost all of the transactions in secondhand goods in the businesses of Grow Biz. However, according to the police department, much of the information which would be lost to the police department under the Grow Biz proposal is information about transactions in goods which are frequently stolen. III. CONCLUSION The ordinance proposed by Grow Biz is a significant departure from the current City ordinances regulating to regulation of secondhand goods dealers as well as from the staff's proposed amendment to the secondhand goods ordinance. If the City Council wishes to reduce the burden on secondhand goods dealers in response to the concerns expressed by Grow Biz, the primary concerns have been addressed by changes to the staff proposed ordinance which is attached. Very truly yours, Charles L. LeFevere CLL:lh � Enclosures • ( R29 -t7 iyH BR2y 1 -4 lfEl10R�.NDiJ�1 TO: Iane Chambers FROM: Charlie LeFever;- DATE: August 4, 1998 RE: Pawnshop Ordinance Pleae prepare a revised draft pawnshop ordinance with the following changes: 1. in Section 23 -618, paragraph d, delete the words "and a description including sex, race, and approximaut height ". 2. Substitute the following for the first s4-nttace in paragraph 23 -618, p":u 4graph "a pawn broker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the tr"L:nsaction receipt using a split image photographic device. A secondhand goods dealer (excluding consignm, --at house dealers and dealers to computer cartridges, portable video ga.Tnes, and compact discs or similar sound or video rec„rdings) must, at the completion of any transac don, make a photographic record of the idendfication used and the transaction receipt using asplit- image phowuapllic denh:c or odher deLZCe capable of copying both docLanCnt> simultaneouslv." 3. Al the second sentence of the same paragraph to begin as follows: "In the cast: of pawnbroker transactions, of the seller —." In the second to last sentence of section 23 -621, change - 30 days aft— receipt" to "L days alter receipt". a 4ZI) ♦ i CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of September, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding the regulation of pawnshops and secondhand goods dealers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23 -601 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23- 633, the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated rice, or who loans money secured by chattel P P Y mortgage on personal property, taking possession of the property or any part so mortgaged. 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. 3. Consignment Horse Dealer means a person whose regular business includes receiving. but not purchasing. tangible property with the intention to sell the property and divide the proceeds with the owner. Section 2. Section 23 -602 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following. ORDINANCE NO. 1. The sale of secondhand goods where all of the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization, b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period: e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buving or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. >. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer. unless the motor vehicle is taken in a pawn transaction. 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 10. Sales at public markets such as a flea market. 11. Sales of furniture. excluding electronic devices. ORDINANCE NO. 1?. Sales of clothim, provided no new clothing is sold (other than clothing purchased from commercial wholesalers for resale at retail). 13. Sales of recycled motor oil. 114. Sales by charitable organizations selling donated goods. 15. Sales of bona fide antiques or collectibles. 16. Sales of used books and magazines. 17. Resale of merchandise returned to the seller after an initial sale by the seller. 18. Sales of used toys. Section 3. Section 23 -613 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -6U. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If tales, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school, day care center. or church: C. were operation of a licensed premise would violate zoning ordinances er; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed . or; e. Established as a pawnshop after April 2. 1996. which is within ten (10) driving miles of anv gambling casino. Section 4. Section 23 -618 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following, manner: • ORDINANCE NO. • Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following information: a. An A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial number, owner annlied number. model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date, time and place of receipt; d. Name, residence address, residence phone number and date of birth of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller, 1. Valid picture driver's license; 2. Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. CF. A wand 9 - od � pawnbroker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the transaction receipt using a split image photographic device. A secondhand Lyoods dealer (excluding consignment house dealers and dealers. in computer cartridges_ portable video games. and compact discs or similar sound or video recordings) must. at the completion of anv transaction. make. a photographic record of the identification used and the transaction receipt using a split -image photographic device or other device capable of conving both documents simultaneously. In the case of pawnbroker transactions. a A video record of the seller, the identification used, and the transaction receipt may be used in place of a photographic record, provided the video recording device produces a clear image of at least five (5) seconds in duration. All ID's and receipts must be Iegibie when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions ORDINANCE NO. • must be retained for a minimum of one year after the date of the last transaction recorded. It must be turned over to an authorized Peace Officer, upon demand, at any time during the retention period. L If a nawn transaction. the amount due and maturity date. and monthly and annual interest rate. including all pawn fees and charges. Section 5. Section 23 -619 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -619. DAILY REPORTS AND EXEMPTIONS. Forthefm l-.ving items, regardless- !V3uIG fit , u 3v avv aL 1G1, n1u3t — ttt tkC iYdt Olt f'' rttt`3 pcI. c 4 "I , aild 3ifiu d L........,: of cyaiTeY �`t?il.°t t�:pf�Tt132:nt. legible deseription ,.7 77 `(Y3' YVGC;lyCCl C1U1177 il'1C: �7YLt.L b and a dese. of the ittdit ft ;11 V I&ili the 03d3 w"CrC r eeeivel- a. Items with a serial nttmber or other persona4 ide 3T itcmt4roiii whiEit stteli iiumbc or Y rtbt44tt3 b rw i31< hfav�, ii.Cn, rcinove , u 1 b t d Obl iterated - C. d. Irreeietts jewelry o 6Cm3, &n&VZciou3 mctul3, Z list Signed or aftist attribttted works of art; f. GUM faiid f B- &i7il3. *t of i in tlic ab h� ay l auildty 5 app4 aacc3, WMLh tite seeoftditand goods u1Cr or paw7il; intends to se ll vi m3rc than 09. A comput record of all transactions (excen transactions of consignment house dealers and dealers in computer cartr idges. portable video games. a com pact discs or similar sound or video recordings) must be submi to the police department on a dailv basis. Th computerized records m ust be compatible with the computer system u sed by the Brooklvn Center Police Departm All items received must be reported on the computer system The report sh ill include all information rect uired under Section 23 -618. • I ORDINANCE NO. Section 6. Section 23 -620 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -620. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. A licensed nawnbroker or secondhand goods deal may not receive items from which a serial number. or oth ersonal identification number or svmbol h as been. or may have been. p _ removed. altered. or obliterated. Section 7. Section 23 -621 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: CD Section 23 -621. HOLDING. An item received by a seeendhatt pod, d tftler -et pawnbroker as a nawn or loan transaction fc. whim a report to the p&li:.:, i3 required not be sold or otherwise transferred for a period of 4-? 90 days after the date of suelt report to the poliee receipt. However, an individual may redeem an item pawned 72 hours after the item was received on deposit. excluding Sundays and legal holidays. An item received by a secondhand goods dealer for which a daily report to the poli department is requir by Sec 23 -619 ma y not be sold for a period of 12 days after recei Firearms acquired by a secondhand g ods dealer may not be sold for a period of 90 days after receipt._ Section 8. Section 23 -622 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -622. RECEIPT. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The full name. residence address. residence telephone number. and date of birth of the pledger or seller. ab. The address and telephone number of the business; be. The date and time of pawn or purchase transaction: ed. A complete and accurate description of the items purchased including model and serial number if indicated on the nronerty: de. The purchaser's or consignee's signature. f. The identification number. state of issue and tvoe of identification provided by the pledaor or seller. ORDINANCE NO. • A description of the pledger including approximate height. sex and race. h. The amount paid or advanced. L. In the case of pawn transactions. the maturity date and amount due and the monthlv and annual interest rates. including all pawn fees and charges. j- In addition. in the case of pawn transactions. the following statements shall be printed on the receipt: 1. "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no navment made on the account for a period of not less than 90 days past the date of the nawn transaction. renewal. or extension: no fiirther notice is necessary. There is no obligation for the nledgor to redeem pledged goods." "The pled of this item attests that it is not stolen. it has no liens or encumbrances against it. and the pledgor has the right to sell or pawn the item." 3. "This item is redeemable onlv by the oledgor to whom the receipt was issued. or any person identified in a written and notarized authorization to redeem the property identified in the receipt. or a person identified in writing by the pledgor at the time of the initial transaction and sinned by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record." Section 9. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -623. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed remise until authorized to be re v p leased b the police, or court order. Said notification, if verbal, should be followed by a written order within 72-liours 14 days setting forth the item to be held and the reasons therefore. Section 10. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Section 23- 624.01 as follows: ORDINANCE NO. Section 23- 624.01. 1O40TOR VEHICLE TITLE PAWN TRANSACTIONS. Subdivision 1. In addition to the other reauirements of this section. a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: a. be licensed as a motor vehicle dealer under Minnesota. Statutes section 168.27. and post such license on the pawnshop premises: b. verifv that there are no liens or encumbrances against the motor vehicle with the department of public safety: C. verifv that the pled has automobile insurance on the motor vehicle as reauired by law. Section 11. Section 23 -626 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -626. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor ma not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Subdivision 4. Ownership: No person may pawn. sell. or deposit any article of property that is not their ow Subdivision 5. State Statutes: In the case of pawn transactions. violation of Minnesota Statutes. Chapter 325J is a violation of this section. Subdivision 6. Signage: A sign, must be conspicuously posted on each licensed premises that is not less than four feet squ are in surface area. comprised of lettering not less than 3/4" high stating the following: z ORDINANCE NO. • To nawn or sell property: A. You must he at least 18 years of age. B. You must be the true owner of the nronerty. C. The property must be free of all claims and liens. D. You must present valid photo identification. E. Violation of anv of these reauirements is a crime. Section 12. Section 23 -628 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 42-9 90 days to redeem the item before it may be sold. Redemption and effect of nonredemn_ tion shall otherwise be governed by Minnesota Statutes Chapter 325J. Section 13. Section 23 -629 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -629. PAYMENTS BY CHECK. When a seeendhand eale pawnbroker makes payment for an item pledged or received at the license place of business, payment must be made by check, made payable to the named payee, who is actually the intended seller. `Vhen a secondhand goods de aler makes payment in an amount grea ter than one hundred dollars 1001 for an item or i tems received from a sin_ale seller at the licensed pl ace of business navment must be made by check, payable to the named ayee who is actually the intended seller. Section 14. Section 23 -630 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter-.-tnspeet and search business premises licensed under this section, or offsite storage facilities of the licensee. during normal business hours, without a warrant for the purpo of inspecting such p remises and the records and articles therein. 0 ORDINANCE NO. Section 15. This ordinance shall become effective after adoption and upon thirty {30) days following its legal publication. Adopted this day of , 1998. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted. underline indicates new matter.) I 400 13 aAAA [Air W;Ill Sin: w�v"." cam Thomas L. Johnson 612 343-2820 thornas.johnsonCW-prnIaw.corn July 16. 1998 Via Telecom, and First Class Mail Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Proposed Secondhand Dealers Ordinance Dear NIr. iMcCauley: As we discussed after the last City Council meeting, I am sending you Grow Biz International's suggestion for revising Brooklyn Center's Secondhand Dealers Ordinance. I have also enclosed a redlined copy that demonstrates the changes from the current ordinance. Here is a summary of the proposed changes: • definition of secondhand goods and dealers limited to items more likely to be stolen • exemptions therefore more narrow • exemption for trade-ins expanded to include store credit transactions., consignment transactions, and trade-ins for other used goods 0 references to pawnbrokers removed, so ordinance is limited to secondhand dealers • application content: amount of information required increased; before it was left solely to the discretion of police. Also manager requirement added • bond increased to S 10 and requirement that stolen property be • returned to owner included GRAY, PLAVr, Ntoory, M0()TY & BFvNETF, P.A. AMMNEYj it I-ov Mr. Michael `1cCaule %' ® Page -, Jule 16, 1998 • records, reports and receipts limited to secondhand items as defined • records and reports must be stored and transmitted electronically • photograph requirement is removed • receipts required upon request only • holding period kept at 12 days; only applies to secondhand items as defined • references to weapons and antique dealers retained Since the Council meeting, I have met with Chief Downer and City Attorney LeFevere. I am also sending them a copy of the proposal per my discussion with them. Please let me know how I and Grow Biz International can be of further assistance to you in this matter. Sincerely, Thomas L. Johnson ENCLOSURE cc: Joel Downer, Chief of Police ( /encl.) Charles L. LeFevere, City Attorney (w /encl.) GP:ioolsl vl SECONDHAND DEALERS Section - 0l . DEFINITIONS. For the purpose of Sections _ throe <gh ___- , the terms defined in this section have the following meanings: 1. Secondhand Goods Dealer shall mean a natural person, partnership or corporation, which, as its primary business, sells and receives secondhand items. 2. Secondhand item shall mean the following personal property, if previously owned, used, rented or leased: a. Laptop computers; b. Bicycles; C. Camera equipment; d. Electronic audio or video equipment which the dealer intends to sell for $100 or more; e. Precious jewelry or gems, and precious metals; f. Artist signed or artist attributed works of art; ® g Guns and firearms; h. Sporting equipment which the dealer intends to sell for $100 or more; i. Items not included in the above, except furniture and kitchen or laundry appliances, having a serial number or operation identification number and which the secondhand goods dealer intends to sell for more than $100. Section - 02. EXEiN/1PTIONS. Sections _ through _ shall not apply to or include the follov,ina. 1. The sale of secondhand goods where all the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale • or received on consignment for the purpose of resale 2. The sale of goods at an auction held by an auctioneer. 3. The receipt of goods on consignment, the receipt of goods in trade for other merchandise from the dealer, and the receipt of goods when store credit is given as payment. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. �. Goods sold at an exhibition, P roviding the exhibition does not last longer than ten days in any twelve month period. 6. Sales made by the sheriff or other public officials in the discharge of their official duties. 7. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. S. Resale of merchandise returned to the seller after an initial sale by the seller. • Section - 03. LICENSE REQUIRED. No person may engage in the business of a secondhand goods dealer without first having obtained a license. Subdivision 1. Separate Licenses Required: A secondhand goods dealer may not conduct, operate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. Section - 04. MULTIPLE DEALERS. Subdivision 1. Licensing: The owners of a business, at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location. The following requirements must be met before a multiple dealer license may be issued: I. The business must have a single name and address; 2. The business must operate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license; 4. Sales must be consummated at a central point of register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales. Subdivision'-). Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section, including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section - 05. LICENSE FEE. Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer shall be set by the council by resolution. Subdivision 2. TIultiple Sales: The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. Subdivision 3. In addition to the annual fee, the City Council may establish, by resolution, an investigation fee to be paid upon initial application and upon any change in o�,vnership. Change in ownership shall include, in the case of a • partnership, a change in identity of any partner and in the case of a corporation, a change in otivnership of more than five percent of shares. Section - 06. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form PP P AP provided by the chief of police. The following information shall be included: a. Name, place and date of birth, residence address and residence phone of the applicant; b. The business address and the name and address of the owner of the premises; C. A statement as to whether, within the preceding five years, the applicant has been convicted of any law relating to theft, damage or trespass to property, sale of a controlled substance or the operation of a business; the nature and date of the offense and the penalty assessed; d. Whether the applicant is a natural person, corporation or partnership: i. If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors: ii. If the applicant is a partnership, the names and addresses of all partners. Subdivision ?. The information required in paragraphs a -c for each manager or proprietor of the business. Subdivision 3. Applicants for a multiple dealer license shall provide the information required in paragraphs a -c for all individual dealers. Subdivision q. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation, by an agent authorized to sign, if a partnership, by a partner. Subdivision 5. Fees: The application must be accompanied by the required license fee and the established fee for investigation. The annual license fee, but not the investigation fee, will be returned to the applicant if the application is rejected or denied. Subdivision 6. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties, the license may be subsequently revoked by the city council for violation of this section. Section - 07. BOND. A secondhand goods dealer license wrill not be issued unless the applicant files with the city clerk a bond with corporate surety, cash, or a United States government bond in the amount of 510,000. The bond must be conditioned on the licensee obeying the laws and ordinances governing the licensed business; paying all fees, taxes, penalties and other charges associated with the business; and the principal accounting for and delivering to any person legally entitled any goods which have come into the principal's hand through the principal's business as a dealer in secondhand goods, or in lieu thereof, paying the reasonable value in money to the person. The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section - 08. SITE PLAN. Subdivision 1. The application for a secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. C. The exact location of the license premise on the property, customer and employee parkin` areas, access onto the property, and entrances into the premises. d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises. Section - 09. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to granting of an initial secondhand goods dealer license, or a renewal if there has been a change in ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a ti , ,Yitten recommendation and report to the city council. The chief of police must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable. 0 Subdivision 3. At any time that an additional investigation is required because of a chance in ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable. The investigation fee shall accompany the application. Section - 10. PUBLIC HEARING. A secondhand roods dealer license will not be issued without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises. Section - 11. GRANTING OF THE LICENSE. After review of the license application, investigation report and public hearing, the city council may grant or refuse, for one or more of the reasons set forth in Section - 27, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section - 12. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A secondhand goods dealer license will not be issued to: a. A person who is not a citiz m of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information, b. A person under 13 years of age: e Subject to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pa or secondhand goods dealer license revoked; C. A person who the city council determines not to be of sufficient good moral character or repute; f If the city council det,-r nines, after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety or welfare. Section - 13. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or • renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church; C. Where operation of a licensed premise would violate zoning ordinances, or d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section - 14. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section - 1 5,. TERMS; EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. -6- Section - 1 <. LICENSE REI'L`ND. The city council may, in its judgment, refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damage, b. The licensee dies; C. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section - 17. DEATH OF A LICENSEE. In the case of the death of a licensee, the personal representative of the licensee may continue operation of the business for nor more than 90 days after the licensee's death. Section -IS,. RECORDS. Subdivision 1. A licensed secondhand goods dealer, at the time of receipt of a secondhand item as defined in section _01, must immediately record in a computerized storage system the following information: a. An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date, time and place of receipt; d. Name, address, phone number and date of birth of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; (1) Valid picture drivers license; (2) Official state photo identification, passport or military I.D. Subdivision 2. The books or electronic storage system, as well as the Goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. Section - 19 DAILY REPORTS. -7- Subdivision 1. A secondhand goods dealer must submit the computerized records required in Section - -13 to the police department on a daily basis. The computerized records must be compatible with the computer system used by the Brooklyn Center Police Department. Section - 20. RECEIPT. A licensed secondhand goods dealer must, upon request, provide a receipt to the seller of any secondhand item which includes the information required in section _ -1 s, subd. 1(a -d) and includes the signature of the licensee or licensee's employee making the purchase. Section - 21. STOLEN GOODS AND IDENTIFICATION MARKINGS. Subdivision 1. A licensed secondhand goods dealer must report to the police any article received, or sought to be received, if the licensee has reason to believe that the article was stolen or lost. Subdivision 2. A licensed secondhand goods dealer may not receive items from which a serial number or other personal identification number or symbol has been, or appears to have been, removed, altered, or obliterated. Section - 22. HOLDING. Any secondhand item, as defined in section _ -01, received by a secondhand goods dealer may not be sold or otherwise transferred for a period of 12 days after the date of such report to the police. Section -23. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification, if verbal, shall be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. An order to hold shall expire 90 days from the date it is placed, unless the police determine the hold is still necessary and notify the dealer in writing. Section - 24. WEAPONS. Subdivision 1. A licensed secondhand goods dealer may not receive any revolver, pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed secondhand goods dealer may not receive any sawed- off shotgun, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms. Section - 25. HOURS OF OPERATION. Secondhand dealers shall open no earlier than 7 a.m. and close no later than 9 p.m. No seondhand goods may be purchased or sold outside of these hours. -s- Section - 26. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell, or attempt to sell, goods with a secondhand goods dealer. A secondhand goods dealer may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer may not receive any from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Section - 27. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the city council after a public hearing where the licensee is Granted the opportunity to be heard, for one or more of the following L reasons: a. The operation of the business is in conflict with any provision of Lhis ordinance; b. The operation of the business is in conflict with any health, building, maintenance, zoning, or other provision of this ordinance or law•; C. The licensee or the business premise fails to conform with the standards for license application contained in this section; d. The licensee has failed to comply with one or more provisions of this section or any statute, rule or ordinance pertaining to the business of secondhand goods dealer; e. Fraud, misrepresentation or bribery in securing a license; f. Fraud, misrepresentation or false statements made in the course of the applicant's business: CF Subject to the provisions of law, the licensee has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substances, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of secondhand goods dealer. Section - 28. PAYMENTS BY CHECK. When a secondhand goods dealer makes payment for a secondhand item received at the licensee's place of business, payment must be made by check. -9- Section -29. INSPECTIONS. Any peace ofticer or a properly designated employee of the cite or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours, without a warrant. Section - 30. COUNTY LICENSE. Secondhand goods dealers dealing in precious metals and gems must be licensed by Hennepin County in addition to the city license. Section - 31. SEVERABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section - 32. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. GP:496175 F ^_ -i0- .AND SECONDHAND DE ALERS Section „ 60 1 01. DEFINITIONS. For the u ose of Sections 22 throu P rP — .. ►� , the terms defined in this section have the fi - ea , ; gB'e t°rnn followin, meanings: nth ,• 1,,,1,1. tt i;zly, &F Nv .,e deals i the e h as in j 3 Cp e r J anai ., peft„ o eth Z•u', tl�in`? On - Gendlitien e selliiq�44e - san4e ba6kigaiH at pric eF whe lean mene xzE , --ed 1 --y c4+aR�-- rno -t?C: ' @H personal -t< taiii possess ef the pr-ep eF any aFt so is 1. Secondhand Goods Dealer shall mean a natural person. partnership or comoration. which. as its orimary business, sells and receives secondhand items. Q 1 , 3 D'�a!" :.l -aa5-a-Pef%n rc g„la,- b u sin ess ; .H selli e raaait-irR ta per-sena prrepe n4e h' 1 as prra - x'13 -�zad. Fented, ewne4 e lease4. 2. Secondhand item shall mean the following_ personal nrouerty. if previously owned, used. rented or leased: ,9 a. Lantoo computers; b. Bievcles: C. Camera eauipment: d. Electronic audio or video eauipment which the dealer intends to sell for S 100 or more: e. Precious iewelry or gems, and precious metals. f. Artist sinned or artist attributed works of art: Q. Guns and firearms: h. SvortinL eauipment which the dealer intends to sell for $ 100 or more: i. Items not included in the above. escent furniture and kitchen or laundry appliances, having a serial number or operation identification number and which the secondhand goods dealer intends to sell for more than S 100. I Section - 02. EXEMPTIONS. Sections _ through shall not apply to or include the following. 1. The sale of secondhand goods where all the following are present. a. The sale is held on o erty occupied as a dwelling by the seller or owned. P P P rented or leased by a charitable or political organization; b. The item e .,, , a 5 oltered for sal t ,..,, owned by the occupal,,. • C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12-month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale- ?. The sale of goods at an auction held by an auctioneer. I The busines& of buy „' j • t d d � + L_ ,+ f or- 14ew ~ s ��d .. e b cc's L in ., id ^ a REA the ^ receipt of goods on consignment, the receipt of goods in trade for other merchandise from the dealer, and the receipt of goods when store credit is given as oavment. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 7 FiF`�i ,,, I ^ t„ i; ,� ,. +. ,, r � ! a l,y- - " FYa rrn: Lc!,-cs t g '01-; 'en 4. Sales made by the sheriff or other public officials in the discharge of their official duties. -�L 7. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 8. Resale of merchandise returned to the seller after an initial sale by the seller. Section - 03, Section 2; LICENSE REQUIRED. No person may engage in the business of a secondhand goods dealer ©F p&- ;,T: l;rek , -;: without first having obtained a license. Subdivision 1. Separate Licenses Required: A secondhand goods dealer may not conduct, operate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license., A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. ✓'Oi.?r ": l. xzr+ tic x oo a ba tF C ;. • dca",- l: eens}- Section - 04. 'TIOULTIPLE DEALERS. -3- E r ._ r:— Subdivision 1. I.icensin��: w rl,. n The oners . � �-'�.�: of a business, at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location. kz m ultiply b-- issued unless t4 e The followina requirements must be met before a multiple dealer license may be issued: 1. The business must have a single name and address; ?. The business must operate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license; 4. Sales must be consummated at a central point of register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales. Subdivision 2. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section, including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section 2 605. L;E€ T���E 05. LICENSE FEE. II:i Tr r? ee. f0F µ pa 1 3 Cv by !+e Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer-.-Ret shall be set by the council by resolution. Subdivision 3 2. Multiple Sales: The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. Subdivision 4 '). In addition to the annual fee the City Council may establish, by resolution, an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include, in the case of a partnership, a change in identity of any partner and in the case of a corporation, a change in ownership of more than five percent of shares. Section 06. APPLICATION. -4- Subdi� 1. Contents: A license applicant must complete an application Corm provided by the chief of police. The application ,,, st be in a f , .w, , d r- � of4hl , .ppliean. • .a,r, ,; „a hJ , th e hi „E pelic -e. followin,2 information shall be included: gubdi 4sie 2 a. Name, place and date of birth. residence address and residence phone of the applicant: b. The business address and the name and address of the owner of the premises: C. A statement as to whether. within the precedinL five vears. the applicant has been convicted of anv law relating to theft. dama,e or trespass to property, sale of a controlled substance or the operation of a business: the nature and date of the offense and the penalty assessed: d. Whether the applicant is a natural person, corooration or partnership: i. If the applicant is a corooration. the state of incomoration and the names and addresses of all officers and directors: ii. If the applicant is a partnership. the names and addresses of all partners. Subdivision 2. The information reauired in naraaraphs a -c for each manager or proprietor of the business. Subdivision 3. Applicants for a multiple dealer license shall provide the information required in naraaraphs a -c for all individual dealers. Subdivision 4. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner. Subdivision 3 5. Fees: The application must be accompanied by the required license fee and the established fee for investigation. The annual license fee, but not the investigation fee, will be returned to the applicant if the application is rejected or denied. Subdivision 4 6. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties, the license may be subsequently revoked by the city council for violation of this section. Section `'- 40" 07. BOND. A pa;;4i 4eker- secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety, cash, or a United States government bond in the amount of &- a pa:, y-ek license ^- $5 , 990 " "�^ ' �,,' ' ' ' $10.000. The bond must be conditioned on the licensee obevin`, the laws and ordinances governin,- the licensed business : paying all tees, taxes, penalties and other charges associated with the business: and the orincipal accounting for and delivering to anv person legally entitled anv goods which have come into the principal's hand through the nrincinal's business as a dealer in secondhand goods, or in lieu thereof, paving the reasonable value in monev to the person. The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section 2- -:' 688- 08. SITE PLAN, Subdivision 1. The application for a p^wnbr-ok e+ secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises. Section 29 699- 09. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to granting of an initial or- r-enewea er. secondhand goods dealer license, or a renewal if there has been a chanae in ownership or control of the licensee or because of an enlargement. alteration. or extension of premises previously licensed. must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The chief of police must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license, the applicant shall pay in full an investigation fee_ in an amount set by city council resolution. All investigation fees are nonrefundable. y -6- Subdivision 3. At anv time that an additional investigation is required because of a lieea: a .„ al, a change in o%�nership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable. The investigation fee shall accompany the application. Section Q619 10. PUBLIC HEARING. A pawnbr e+ secondhand goods dealer license will not be issued without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises. Section 2:: 611- 11. GRANTING OF THE LICENSE. After review of the license application, investigation report and public hearing, the city council may arant or refuse, for one or more of the reasons set forth in Section =;- ; 27, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 � 12. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pa . hr secondhand goods dealer license will not be issued to: 0 a. A person who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; b. A person under 13 years of age; c Subject to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked; C. A person who the city council determines not to be of sufficient good moral character or repute; f If the city council determines, after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety or welfare. Section „--- 61; 13. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located tivithin 300 feet of a school or church; C. Where operation of a licensed premise would violate zoning ordinances= or, d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 2 41 1- 14. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 2 -3 51 15. TERMS; EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. Section s= 6 - 16. LICENSE REFUND. The city council may, in its judgment, refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damage; b. The licensee dies, C. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section 296 16::7 17. DEATH OF A LICENSEE. In the case of the death of a licensee, the personal representative of the licensee may continue operation of the business for nor more than 90 days after the licensee's death. Section 2:3' 18. RECORDS. Subdivision 1. A licensed secondhand a .,00ds dealer at the time of receipt of an it eiR a secondhand item as defined in section 01, must immediately record i . ti other- indel-.1 - in,-diurr: :, 448 >~ ,`t:St, in a k9ek ef WE)Fd in a comrtuterized storage system the following information: -8- a. An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and,'or other identifying marks) an such item; b. The purchase price; C. Date, time and place of receipt. d. Name, address, phone number and date of birth of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; (1) Valid picture drivers license.; (2) Official state photo identification, passport or military I.D. € Subdivision 2. The books or electronic storage system, as well as the goods received. must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. Section - 19 DAILY REPORTS. Subdivision 1 g. A secondhand goods dealer ^r p n b - . ri, st at +1„ plot: tr-aflsaetien -FeeE �t r,:ij ; ✓pii:t image pliete raphio A vi « er - efthe selle +l, azczj en t ciA e-ct:on u sed, EHid tke +, +i „t : b£ U -Se a 'J A sseeen.` in t11:r 3:r. All 'ID's ui: l ••+ " S: be !c-.:b1-8 - ,. - h Elate 4448 4aRSaetiOR. 4:4e e?ipaSed r zn „n+ b . e t a in e a f r .. i of ei4e y eaF .,ft +F,o d „f t1-,Q- > > a the r2teni ien pe fied. must submit the computerized records required in Section -18 to the police department on a dailv basis. The computerized records must be compatible with the computer system used by the Brooklyn Center Police Department. s4ar-tipp 1 21 619. ;)�kjj Section - 20. RECEIPT. A licensed secondhand goods dealer er- �> :ru ,. nake au a 1 th li �lo...,.-+.., * a d daily by mai . to tke �,eliee i?riiiE ” �� �- axc�c+ zzcc- crcpsscrricixs- iaicr-i °cix4- c:csir`J a a a ., o 4 ..2se:•. cd a 4 a 4 pt ie e fth e A ,4 the a ,. e ei crti rc -RP'Rd must. upon request, provide a receipt to the seller of any secondhand item which includes the information required in section — -18. subd. 1(a -d) and includes the signature of the licensee or licensee's emolovee making the purchase. -9- J, T 11 ?., «lt!l a .ail - iit')� or : it ? . ?:f':,. 1 :i I . � b F ;1F '.'I: A�efnS S ection -2 1. STOLEN GOODS AND IDENTIFICATION INIARKINGS. equipment; p r-eeieiis .. .1 3 �eFns, an tie j :gals; a ^ o: asEza; r--c iirac^z � rt. ; 1 4 - 1 tl, b _ �._ c,, ,;r,, n a 1.4 1.,,,. d 1: o - - - - -- _ .. � , c :cu rt apYcc3l?EeS; , hi th d a - ^ od; de l OF t, ^t- ;,,t to sell f . th S99 - 620 ST E T r_nnT, , sf Subdivision 1. A licensed secondhand goods dealer must report to the police any article ple er- received, or sought to be 'd--e+ received, if the licensee has reason to believe that the article was stolen or lost. Subdivision 2. A licensed secondhand goods dealer may not receive items from which a serial number or other personal identification number or symbol has been, or an_ nears to have been, removed, altered, or obliterated. Section - 22. HOLDING. Anv secondhand item, as defined in section -01, geetie 621. iteirr- received by a secondhand Goods dealer er- for :c r-epa'to tke Pelize is - &quirad may not be sold or otherwise transferred for a period of 12 days after the date of such report to the police. u^ n 4i ; ;a 1 n an <<:n pu 1,3 ad � ` i +' 71 xiv css aicc i4- TCtTT: 4 01'CTJ'i - eC CTYC 1 en 4 ^1,,,-1' S a to nl t ^1; 7 , . . ndk i3 • t Frr3� r- @C -e•=e; t thz Ell er- :......._.... �.T a. T ke R ,,fnbe 4+4e- b, b : 4 4,.t-, - 4. Tke , S 42 Section -23.. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification, if verbal, � shall be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. An order to hold shall expire 90 days from the date it is placed, unless the police determine the hold is still necessary and notifv the dealer in writing. Section - 24 Seetie Q WEAPONS. Subdivision 1. A licensed ri ,, , h ^t °Y of secondhand goods dealer may not receive as a pl@4ge ^ ^r + + of sale, any revolver, • pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. -10- Subdivision 2. A licensed i a secondhand ygoods dealer may not receive, g ucc Et :_ ,,,, c;gnment of sa any sawed -off 40 shot4,un, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms. Section 29 6Q5- 25. HOURS OF OPERATION. F-r-em 9 p.m. g^tiir -da • to 7 a.f n. �4e •, fie allrll ba Feeeive4 as a pledge ehacod'a� a o a .r, no. aay e tl,° - da .,4±e ZZ %, F33 PaV,.I bFJi:' of s dhand fo b ir:'t2Gi or, C-4r D; Secondhand dealers shall oven no earlier than 7 a.m. and close no later than 9 a.m. No seondhand C7oods may be ourchased or sold outside of these hours. Sit on 23 624 Section - 26. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell , or attempt to sell eF eeiisi-ii goods with a secondhand goods dealer , 4r A secondhand goods dealer or- pay.%bFek may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer ^r pa r-e °- may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer °r .,^.�br-el may . not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Section 23' 69'r 27. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the city council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons: a. The operation of the business is in conflict with any provision of this ordinance, b. The operation of the business is in conflict with any health, building, maintenance, zoning, or other provision of this ordinance or law; C. The licensee or the business premise €a4s fails to conform with the standards for license application contained in this section; d. The licensee has failed to comply with one or more provisions of this section or any statute, rule or ordinance pertaining to the business of pay.%br -eker e+ secondhand goods dealer: e. Fraud, misrepresentation or bribery in securing a license; -11- f. Fraud, misrepresentation or false statements made in the course 0Ctile applicant's business;; 0. Subject to the provisions of law, the licensee has been convicted of any state or federal law relatin`, to receiving, stolen property, sale of stolen property or controlled substances, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of Pawnbr-ekef -eF secondhand goods dealer. Section - 28 -�2Q. RS y r te - * � , N. :\ . , .48 PWA ite FR S hall 1 4a; - 2 + L-N t =ter 23 6;4. PAYMENTS BY CHECK. When a secondhand goods dealer makes payment for aa a secondhand item plet4ge4 @ received at the lieense licensee's place of business, payment must be made by n ��; ^hl� *^ tie r °mia r ^ yL 7,ho is u rt�t k t4e intcrdle -d c�lkar-- S 6,n check. Section - 29. NSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours, without a warrant. Section 22 - ? 1 30. COUNTY LICENSE. Secondhand goods dealers an dealing in precious metals and gems must be licensed by Hennepin County in addition to the city • license. Section 27 632 31.. SEVERABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section ' 1- 32,. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof-, = shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. GP:49617 5 vRED I City Council Agenda Item No. 8b • City of Brooklyn Center A . :; reat place to start. A;Treat place to staff•. MEMORANDUM TO: Michael J. McCauley, City Manager FROti1: Sharon Knutson, City Clerk 5N - & 6y0 <Mtz x DATE: August 3, 1998 SUBJECT: Cancel September 16, 1998, City Council Special Session The filings for Mayor and Council Member closed at 5 p.m. on July 21, 1998. There are two candidates for one Mayoral seat and four candidates for two Council Member seats. Since there will not be a municipal primary election, the previously scheduled Council Special Session to canvass the election returns from the municipal primary election can be canceled. 6301 Shin,le Creek Pku,1-. Brooklyn Center, ALV 55430 -2199 • Cite Hall & TDD ,Member (612) 569 -3300 Recreation and Conznzun;t Center Phone &; TDD -umber (612) 569 -3400 • F_ALY (612) 569 -3494 _fin Atfirnzatiue _-tctior /Equal Opportunities Emplover City Council Agenda Item No. 8c MEMORANDUM DATE: August 3, 1995 TO: Michael J. McCauley, City \lanager FROM: Diane Spector, Director of Public Works,; -`` + ' SUBJECT: Resolution Establishing Improvement Project No. 1999 -05, 53rd Avenue Trail and Naming Fiscal Arc ent for Administration of Grant Funds Received Through the Cooperative Trail Grants Pro�(ram Earlier this year I submitted a grant request to the Department of Natural Resources to assist in the construction of the 53rd Avenue Trail component of the 53rd Avenue Development and Linkage Project. I was recently notified that we have been awarded $50,000 to assist in the construction of the trail, greenwav, and associated improvements. This is a matching grant, so the City will be expected to contribute at least 550,000 towards this improvement. The project would consist of the removal of the existing sidewalk along 53rd from Bryant to 4th Street, construction of a ten foot bicycle /pedestrian trail, grading, turf restoration, and landscaping. Existing sidewalk from 4th Street east to Lyndale would be widened to ten feet, except on the 53rd Avenue bridge. The project would also include the construction of a City i entrance or "gateway sign. Althou-h the Grant funding has been approved, there is an extensive amount of administrative work to be completed before funding will be released. This work includes required reviews and approvals by the watershed (for wetland impacts), an environmental assessment worksheet, and a review for potential historic structures. All of this has already been completed for that part of the project for which CBDG funding would be used, but separate paperwork must be completed for the trail portion. A resolution which shows Council concurrence with the project, and which names the fiscal agent for the project is among the items requested. This is attached for Council consideration. The grant application was based on a conceptual design for the project. As a more detailed design emerges, it will be reviewed with the Council prior to entering the final design and bidding phase. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -05, 53RD AVENUE TRAIL AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE COOPERATIVE TRAIL GRANTS PROGRAM WHEREAS, the City of Brooklyn Center desires to construct a trail linkage along 53rd Avenue North, from Bryant Avenue North to Lyndale Avenue North; and WHEREAS, the City has applied for and subsequently been granted a conditional grant award of $50,000 from the Cooperative Trail Grants Program; and WHEREAS, a matching amount of $50,000 is required of the City to provide for the completion of said project; and WHEREAS, said matching amount has been included in the budget of the 53rd Avenue Development and Linkage Project. NOW, THEREFORE. BE IT RESOLVED b the City Council of the City of Y Y Y i Brooklyn Center, Minnesota that: 1. Improvement Project No. 1999 -05, 53rd Avenue Trail, is hereby established. 2. The City of Brooklyn Center acknowledges and accepts grant money from the Cooperative Trail Grant Program through the Department of Natural Resources, in the amount of $50.000. 3. A local matching amount of $50,000 from the MSA -local fund is hereby committed by the City of Brooklyn Center to provide for the completion of this project. 4. The Finance Director for the City of Brooklyn Center shall serve as fiscal agent for said project. 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. • • E xhibit ;Cent al' rk - .- � .. - - t Pro* � ct Vicinity n Ci f'a k l,� I I , � f , ,, , j � °( w Gran*im ( Park 10 Apt k9rai M ississippi - - , -= Regional 1 j' - { { = 1�`t = � '` Park Al �Zl I (( r 1 and f I =- - - > �� Trail � - . � 1111f�>'I�III•IIII�II 11� — ► �- �' + � _ i� �a 'T Lt Lior rr,�rT- ri•,- rt;-- Fr- �-� = -- single Cry Trail 5,: rd 53rd Avenue DALP Trail I t "01101 IVi, m r'A,d 531-d Ai)eI?2fe Developinent (ind Link -cige Pi - (Ject - Ti -aiI Ex 8 PrQject Detail 45th > I l \ \ a, North Mississippi f 1 Bel me Park 1` R egional P 'n ark and (Trail ons Ctruct �� I Marked , r j New 10' i Crosswalks \ ;• W F i Bituminous I Trail \ ; "":� ; ti i City -owned L ry 53rc \ % \ \'. highway !I turnback City- e : Rmove existing g owned 53rd Avenue 6 concrete sidewalk greenway freeway + bridge with sidewalk i" s uoaiuoi Illlodil/ ( >n of ('/:AVER 53rd Avenne Devej(��`)11 ent and I�lt ?jCCr�� e Pj'Oj�'C1 Trail City Council Agenda Item No. 8d 1 • INI EN4 0 R A N D U M e DATE: July 27. 1998 TO: Flavor Kragness and Council Members FROM: Administrative Traffic Committee SUBJECT: Woodbine Lane Traffic Study You have asked us to review traffic speed and volume on Woodbine Lane, and to survey the residents on Woodbine as to their opinions regarding various traffic control measures. Your particular concern was the several accidents over the years of eastbound vehicles not stopping at the stop sign at Halifax and driving �� LIP onto the yard at 7��6 Halifax. We have conducted traffic counts and speed surveys, and an accident history, and have conducted speed enforcement. We have also surveyed the residents. These results are attached. In general, we have found that: • Traffic averages around 2.200 vehicles per day. iVlost of the recorded accidents were committed by younger drivers, or drivers who had been g. drinkin • y • Radar surveys taken by unmarked vehicle, S \TART, and digital traffic counters have all indicated an 85th percentile speed as averaging between 30 - 33 mph. This means that 85 percent of all traffic is traveling at that speed or slower. Most residential streets will have an 85th percentile speed of 35 mph or lower. • The highest speeds tend to be recorded during the hours of l lam - 12 pm and 2pm - 3pm. A recent STMART survey taken over 9 hours counted 20 eastbound vehicles out of 636 at speeds greater than 35 mph. Nine of those vehicles were recorded between 2pm -3pm, with another four between 11 am - 12 pm. This corresponds to residents' observation that the worst time for speeders is when the high school students leave at lunch time or after school is dismissed. • Speed enforcement since June 1, 1998 has resulted in two tags for speeding. • The residents were surveyed as to desire for Stop signs on Woodbine. There was no consensus on Stop sign location. A majority of residents opposed Stop signs at any intersection other than Kyle. A majority favored Stop signs at Kyle. Seven of the eight residents immediately adjacent to Kyle oppose a Stop sign there, and have submitted a petition against installation of a Stop sign there. Based on this information, the Administrative Traffic Committee recommends that no changes be made to traffic control on Woodbine Lane between Halifax and Noble. Additional speed control between I lam - 12pm and 2pm - 3pm - vyould be the most appropriate means of addressing concerns about speed on Woodbine. The police will target enforcement efforts during-, the first week of school this fall. e y June 10. 1995 Woodbine Lane Traffic Survey Results (26 surveys returned out of 45 mailed out) 1. Do the chokers installed at Kyle Avenue seem to make a difference on speed of traffic? 19 NO 6 YES 1 NO RESPONSE 2. In favor or opposed to Stop signs at the following locations: Favor Onn_ ose Major 6 15 Lee i 19 Kvle 17 7 June 5 16 Indiana 7 17 - -One survey requested Stop signs every other block (not noted above) • - -One survey requested Stop sign on Noble at Woodbine (3 -way Stop) (not noted above) - -One survey would vote for Stop signs at Lee and June. but only if Stop signs are favored (not noted above) 3. Comments about traffic on Woodbine Lane. Need serious enforcement of existing speed limits. Is it standard procedure to send out a survey based on one complaint'? Or, is it because the complaint came from a councilperson? If this topic was an issue to be discussed at 6 -5 -95 council meeting, why was that not noted on this survey. Construction appears to have increased traffic. Biggest headache for most homeowners on `t-oodbine is the late evening loud speeders. Most don't even stop at Halifax unless they accidentally run into a house! A lot of people from north on Noble turn onto Woodbine rather than turn on Brooklyn Blvd. - but still no problems between Noble and Lee Avenues. Have the police dept. watch for speeders more often. Suns should be applied to reduce speed on all of Woodbine Lane. A great improvement to have fewer buses. Traffic is heavier at the end of the school year and • after school is over each day. If you install si-ris at all of the corners, the traffic will move to 71st and the curved road will be more of a hazard. I hope you give the same response to all complaints - not just when a councilperson lives on the street. This is one of the few streets that connect in the east -west direction so we will have traffic. I use the street and expect others to do the same. This is not a private driveway to my home or any other on the block. I chose Kyle because it goes across Woodbine. The other streets "T" off at Woodbine. Traffic on Kyle may have a tendency to zoom across Woodbine and cause an accident. Also Kyle is about the middle of the block and would slow down speeders. Traffic tends to use Woodbine to avoid the 69th & Brooklyn Blvd. back -up. High school students race each other, tailgate, etc. from 2:00 -2:1 p.m., and around 11:3 a.m. Cameras, speed bumps, closing off through traffic, selective police observation - whatever it takes. Traffic moves too fast, especially when Park Center School begins and closes. The N"ITCO buses occasionally move at excessive speeds as yell. Need Children at Play sign at Halifax and Kyle. _ • Biggest concern is speeders, especially when school lets out, late evenings and weekends. I agree with Stop signs but only if signs are enforced otherwise it*s a waste of taxpayers money. Another concern is the corner where you turn off Woodbine to Halifax to 73rd, cars ao too fast, recently hit a house, which isn't first time. Last problem is loud music coming from cars. Need to enforce loud music ordinance. Cars playing loud music. Looks like the Indianapolis Speed�yay from Noble to Halifax when Park Center lets out at 2:00 p.m. Also on Friday and Saturday nights. If the police were parked on Lee or Kyle for instance. they would hand out more speeding tickets in a day than anywhere else in a month. Traffic is worse when school lets out. Stop signs will only create a lot of squealing tires. Best way to slow down traffic wold be to have two Stop signs so people can not get their speed up. There needs to be Stop signs on Noble and Woodbine Lane. I live 3 houses down from Noble and often have difficulty getting out of my drive`vav because of backed up traffic trying to turn onto Noble. ---- - - - - -- There is more speeding at night. ----- - - - - -- I think police patrols are the only way to slow traffic. • Cars go way too fast. It is very dangerous at the crosswalk at Noble and Woodbine. We need something whether it be police enforcement morning, afternoon and weekends, or a child at play siggn, sornething to slow down traffic. I think the police should disguise themselves, they would catch more speeders. When they are out in the open people slow down until they are out of sight. Vehicles enter Woodbine eastbound from Noble Ave., often with squealing tires, and proceed to floor board accelerate down Woodbine. Stop sign at'\ would deal with this. Speed should be 10 mph - Woodbine and 71st should be posted Residential Traffic Only. Most of the traffic is just trying to avoid 69th c- Brooklyn Blvd. Police patrol during heavy times would be nice. 4. Comments on choker at Kyle Avenue. Choker ha accomplished nothing. In fact, it seems to be a hazard as people pull into the middle of the street regardless of oncoming traffic. I believe at certain times it has helped reduce speeds. I feel chokers are keeping the speed of the cars at a equal level to other residential streets in Brooklyn Center. I feel that the markers installed with yellow strips are not necessary. Nobody has run into the curb and left marks on the curbs. They look bad. Happy with results but yellow posts look ugly and are unnecessary. Restrictions make the corner more dangerous. Drivers tend to stay awav from curb contact and bring vehicles closer together. It is our opinion they have decreased safety at this intersection. We have observed several close calls. Cars still try for high speeds. It makes it difficult to make a right turn onto Woodbine off Kyle without crossing the centerline. I think this situation is an accident waiting to happen. We need at least 2 Stop signs beside the one on Halifax. We have several small children on this • street and people drive wav too fast (40 -- mph) most afternoons. June 8, 1998 is Engineering Division 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 We are responding to the Woodbine Lane traff ic Survey you have sent out. As a result of a recent complaint! It is interesting to us that so much work and investigation would be done as a result of a recent complaint.. This street has been a major artery since 1959, but we never complained about the number of cars or how fast they drove. We knew that in the spring and again in the fall the traff ic was faster as the students were either starting school or in the spring it was getting close to the end of school. At one time there were nineteen children in the four corner houses on Kyle and Woodbine. Today there are no children in those homes. The most annoying days were the days you installed the traff ic counters on Woodbine Lane in front of our homes. All night we heard this thump, thump, thump, thump,. We did not call in and complain for you were doing your job. WE DO NOT WANT A STOP SIGN ON THE CORNER OF KYLE AND WOODBINE!!!!! I believe we expressed that opinion when the chokers were installed at Kyle Avenue. in a meeting we had with the city engineer, Mr. Anderson. Now if you listen to A recent complaint, why can't you listen to more than one of us. There are a number of streets shut down so I would think it would be natural that our traff ic flow is heavier and will be until construction is finished. The growth of the suburbs north of us causes more traff ic traveling across Woodbine and North. If you install a stop sign there will be screeching when they stop and screeching when they start, and this will not only be teenagers doing this. Everyone seems to be worried about pollution. If a stop sign is installed, the starting and stopping of the vehicles adds to the pollution problem. A stop sign on Major? Really. One block and they should stop for a stop sign. The same is true for • Indiana. How ridiculous this is to have it in your survey. The s;:rvey is trying to influence people to vote for a stop sign on Kyle as it is the center point of Woodbine travel. f �1 : S "— f ti c 'J -71 C ri g .• _ �} ,. i BROOKLY CENTER POLICE DEPARYMENT POLICE ]NIENMORANDUM TO: )[cCaulev, Civ; Mana_­�2- - pl FRI 0% t: ice", Dovvner, Chie"of Poiic.l 'i 11 �), i -, Q s DA T 7 -: A2nn-1 S(_B:jECT: _0 Hail fax Avenue Nor:.-, 71 Avenue Nor C ­ 1 1 [ 7, fcilowingis acc on 7'r z ` 1 9S 3 :0 e ?°-sonai Injun Acclidenc n-ag 7e Son s iouse L'i' ^ . e cs ed fo r d e - a ge • y 0 t P= 7 D v2hicl�- 4 -ov.- *n , l- c 1(ien. I 'uvc- lie,C ar A n Proce—L Damage Acclidenr � o arr 0036 hrs. 9- -kc 1--ader - "e �km�uence =cs P:oc�en Damage Acciideni n- 9 la, r s. 1 and Run Prop--.-,7 1- and = proper7y Jlainrag 0001 'ars. D=age Accident 83-307 8/11 ?7,ccerny Damage Accl*d. arose lnLo ya:d. A- J- 0001 Hrs. 3 -I der mfluencz =l-S ae - -bilo V*.nz : s c -,; d en I hni s 0 r ± fL -on of ax e ue arna-e a c Nfemnorandi _,v t c C -) u ie • April 30, 99o, 2119a P70gCr,/ .-accident a damage accide,-,E, 1944hus, 92-2073 11292 Arsool Irou kcojd,,, N(inor PesOnLll ir�jur:; acc 1926 ins, 92-645111 11191 MCKY Davmge , � 0 _" S. 9 i'll - 11 --?) -4. 8 AD ypi, TRAFFIC SUMMARY • 4407 Nti'oodbine 4400 Block Woodbine Time: 7:11 - 16:00 Time: 8:28 - 17:43 (9 hours approx.) (13 hours approx.) June 4, 1995 Nlay 8, 1995 Total Vehicles 636 618 Minimum Speed MPH 10 12 Maximum Speed NMPH 50 56 Average Speed NIPH 2 25.9 35th Percentile MPH 30 3 0 • City Council Agenda Item No. 8e • � NIENIORANDUNI TO: Michael J. McCauley, City Manage �% ' � `' FROM: Brad Hoffman, Community Development Director DATE: August 5, 1998 SUBJECT: Sale of City Property on 67th Avenue The City has received several inquiries from interested parties about the possibility of purchasing property owned by the City. The site is approximately 9,600 square feet and is located on the west bound of 252 and immediate) south 7 �'Y of 6 th Avenue see attached). The land is a remnant Y ( ) a t piece from MNDOT's 252 project. The parties that have expressed interest in the parcel would have different uses for the site. First, the owner of 419 67th Avenue would like to acquire the property to join with his residential property. Second, Edina Development would like to develop the adjoining property with a town home development. They have an option on parcel 107 (see attached) immediately south of the City's land. Their parcel is currently zoned R -3. If the Council desires, we will solicit proposals for the sale of the land with notification going to the interested parties. We will also place notices in the appropriate paper(s). Action desired is just direction from the Council as to their preferences. I 117 RD VA: J IN ------- 6 0 CIAW cc) I Oo iK Ofil In j1p1011 r, VA City Council Agenda Item No. 8f • • • MEMORANDUM DATE: July 28, 1998 TO: Michael McCauley FROM: Jim Glasoe �— .rr►1 SUBJECT: Community Center Hours of Operation As you know, staff has, on an ongoing basis, been evaluating the cost effectiveness of our hours of operation of the Community Center pool. This analysis has been undertaken with the intent of reducing expenses, while attempting to maintain a sense that the facility is open and available for citizen use. In 1997, this analysis resulted in a reduction in hours of operation by a total of seven hours per week. In continuing this analysis, I have recently looked at the cost effectiveness of having the facility open on major holidays. To that end, I have completed an analysis of costs associated with, and revenues generated by, being open on major holidays. The average cost associated with being open on a major holiday from our typical 1:00 - 5:00 p.m. is approximately $852. Using the attached spreadsheet, you will note that our average revenues are less than $250. As we discussed, the largest single expense associated with being open on holidays is the cost of custodial support. As these days are designated as holidays for the full time custodians, having them work results in us paying overtime rates and providing them an alternate day off. Based on the above information, my recommendation is that we continue to close the Community Center for the Thanksgiving, Christmas, and Easter holidays and that consideration be given to closing the facility on the New Year's, Memorial Day, Fourth of July and Labor Day holidays. As always, if you have any questions or would like any additional information, please let me know. • City of Brooklyn Center Community Center Holiday Revenues Revenues 1998 1997 1996 1995 Avg Holiday New Years Day $355 $416 $312 $241 $331 Easter Closed Closed Closed Closed Memorial Day $286 $93 $176 $154 $177 Fourth of July $209 $184 $272 $332 $249 Labor Day TBD $323 $367 $298 $329 Thanksgiving Closed Closed $118 $190 $154 Christmas Day Closed Closed Closed Closed Total Avg $248 Expenditures • Bldg Supervisor 11.88/hr x 6hrs x 1.5 $107 Secretary 12.84/hr x 6hrs x 1.5 $115 Lifeguards 8.70 /hr x 4hrs x 5 guards x 1.5 $261 Concessions 5.70 /hr x 6hrs x 1.5 $52 Custodians 13.20 /hr x 8hrs x 2 custodians x 1.5 $317 Total $852 City Council Agenda Item No. 8g 1 • IIENIORANDUNI TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: August 6, 1998 SUBJECT: Sale of City Property for Regal Theater Development The City owns approximately 6/10 of an acre of land within the proposed Regal Theater development. Attached is a draft purchase agreement for that land from Crown Brawley LLC. The purchase price is $78,000 or approximately $3.00 per foot. The City Assessor has established a range of $2.50 - $3.50 per foot as the value of the land. The Gilbertson land (adjacent to the City's land) sold for $1.23 per foot to Crown Brawley and the Fiterman site which is also part of the proposed development had a purchase agreement in 1995 (did not close) for $3.00 per foot. The Holiday site on 66th Avenue was just purchased for $1.80 per foot. The site plan and preliminary plat approved by the Council at this meeting both anticipate the sale of this property to Crown Brawley as part of their submittal. The plan also anticipates the abandonment of the N1NDOT project on 65th Avenue east of Camden. The Council will note that the purchase agreement does not have a legal description. The original purchase agreement as drafted by Crown Brawley representatives contained a totally erroneous legal description of the parcels involved in this transaction. Their purchase is contingent upon the abandonment of 65th Avenue and other MNDOT properties. It is the description of these properties as set forth in their site plan and plat that need to be clarified in the purchase agreement. It would be my recommendation that we proceed with the sale of this property. Council would direct staff to conclude the purchase agreement with Crown Brawley and bring it forward with the appropriate ordinance authorizing the sale for its first reading. This could be done at the next Council meeting. B 43 �5 144 .i !31F 29 1 -- - - - - ' 19.07 G Proposed Site 19. 07 ,QFENFD 10 28 0 C 0 TO VIU 12 �4 65TH AVE WNT R 27-20 -------------- ----- -- 5.15, 1 S,35' 2 6'(13" E -, -Ij - 1 -1 t . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - -- 30 4 �6. I . . . vt - 3 112. t 6351 Li J 50 81.5 471.94 C LLJ S 0 �4 lo 5) A l Q 7, Ix zo i ti 6j ." Iz I J). 96 /5 • (Draft Copvl PURCHASE AGREEiMENT 1. PARTIES. This Purchase Agreement is made as of this day of June, 1998, by and between the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation ( "Sellers "), and CROWN BRAWLEY LLC, a Minnesota limited liability company ( "Buyer"). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell certain real property located in the City of Brooklyn Center, Minnesota legally described as follows: Lot 4, Block 1, Lynbrook Bowl Addition, according to the recorded plat thereof, Hennepin County, Minnesota i (Tod hc.:, ith rdl -awn f -h tit r r�o�' 1; td or ht r ac <1llirC in i rrx - cT th l t � g lc desc- •i - l 1 't 1 t 1 afid m Feet t- r=��� v ays le on E:hi �—at ac..ed he rata made -a— t- 1}ezti�= 3. PRICE AND TERTNIS. The price for the Property is Seventy -eight Thousand and 00 /100 Dollars ($78,000.00) (the `'Purchase Price ") which Buyer shall pay as follows: Earnest money of Five Hundred and no /100 Dollars (S500.00), in cash, paid to Title (hereinafter defined), receipt of which is hereby acknowledged by Seller; and Seventv -seven Thousand Five Hundred and 00 /100 Dollars ($77,500.00) in cash on or before the date which is ten (10) days after the Contingency Date (hereinafter defined) (the ( "Date of Closings "), subject to extension in the event (and to the extent) that the Contingency Date (hereinafter defined) is extended as hereinafter provided, and subject to any extension required to effect the cure of Buyers title objections in the manner provided in Paragraph 13 (TITLE CORRECTION AND REMEDIES) hereof. The parties hereto agree that said Earnest Money shall be deposited with Stewart Title Company of Minnesota ( "Title "), to be held in escrow by Title and disbursed as provided in this Purchase Agreement. Buyer shall pay all escrow fees charged by Title for holding and disbursing said Earnest Money. Such escrow shall be subject to the further terms and conditions set forth in Paragraph 21 (DUTIES OF TITLE) hereof. 4. DEED/TMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Quit Claim Deed (the "Deed ") conveying marketable title, subject to (a) building and zoning laws, ordinances, state and federal regulations; (b) reservation of any mineral rights by the State of Minnesota; and (c) exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to and accepted by Buyer as provided in Paragraph 12 (EXAMINATION OF TITLE) and Paragraph 13 (TITLE CORRECTIONS AND REMEDIES) of this Purchase Agreement. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing. unless otherwise provided in this Purchase Agreement. CAF- 146692 - BR291 -13'- . Buyer and Seller shall prorate as of the Date of Closing all installments of special assessments certified for payment with the real estate tares due and payable in the year of closing--} Seller shall pay on or before the Date of Closing all other special assessments levied as of the date of this agreement. Seller shall pay all special assessments pending as of the date of this Purchase Agreement ZZ for improvements that have been ordered by the City Council or other governmental assessing authorities. As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A Assume payment of said pending special assessments without adjustment to the Purchase Price; or, B. Require Seller to pay said pending special assessments and Buyer shall pay a commensurate increase in the Purchase Price. which increase shall be the same as the estimated amount of said pending special assessments: or, C. Declare this Purchase Agreement null and void by notice to Seller, and in such event the Earnest Money paid hereunder shall be refundCd to Buyer. Seller shall pay on the Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing at the sale contemplated by this Purchase Agreement and/or the proposed development of the Property by Buyer. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment oz which is not otherwise provided for herein. Seller warrants that real estate taxes due and payable in 1995 will be non - homestead classification. Seller makes no representations concerning the amount of future real estate taxes or of future special assessments. 6. CONDEMNATION OR ADVERSE POSSESSION. If, prior to Date of Closing, eminent domain proceedings are commenced against all or any portion of the Property, Seller shall assign to Buyer at closing all of Seller's right, title and interest in and to any award made or to be made in such proceedings Seller shall assign to Buyer, at closing, any rights to claims of adverse possession. 7. SELLER'S LIEN WARRANTIES. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. This warranty shall be reaffirmed to Buyer in writing by Seller as of the Date of Closing, and shall survive the delivery O of the Deed[; provided, however, that any claim for beach of the warranty must be brought within six months afer the Date of Closin-. CAE- 1-1669 3 BRL91 -1S`? s]f + CONDITION OF PROPERTY. Buyer ept-} [is purchasing the Property in an "as is" condition, with the intention of using it for redevelopment. Seller makes no warranties or representations of any kind concerning] the condition of the Property+4[, except as expressly set forth in this Purchase Agreement (for example, as to the release of regulated substances[as set forth in the following paragraph] or as to the existence of wells on the Property). including specifically without limitation, the environmental and geological condition of the Property, in an "AS -IS" and with "ALL FAULTS" condition. Buyer's acceptance of title to the Property shall represent Buyer's acknowledgment and agreement that: (1) Seller has not made any written or oral representation or warranty of any kind with respect to the Property (including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose); (2) Buyer has not relied on anv written or oral representation or warranty made by Seller, its agents or employees with respect to the condition or value of the Property; (3) Buyer has had the opportunity to make its own inspection and investigation of the environmental condition of the Property prior to Buyer's acceptance of title, and Buyer accepts the condition of the Property "AS IS. "] Furthermore, the damage or destruction of any improvements that are a part of the Property shall not affect the obligations of Buyer or Seller hereunder, except that in such event Seller shall assign or deliver to Buyer at closing all of Seller's interest in any insurance proceeds. or the actual proceeds, resulting from such damage or destruction, regardless of when paid. [To the best of its knowledge and belief, Seller represents that there has never been a release of anv substance on or from the Property which is regulated by any applicable federal, state or local laws, ordinances, rules, regulations, codes, orders or decrees relating to the protection of the environment, in violation of such laws, ordinances, rules, regulations, codes, orders or decrees, including (without limiting the generality of the foregoing) any leak or spill of petroleum or any of its byproducts. Seller shall] provide Buyer with a copy of all [public] information available to Seller relating to the condition of the Property including, but not limited to, surveys, soil reports, environmental reports, plans for buildings, specifications, and geotechnical information, if any exist, within (Pift een) 15) days after Imo [this] full execution of +this+ [the] Purchase Agreement. [Seller makes no warranty or representation as to the accuracy of the information so provided to Buyer.] 9. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to the violation of any law, ordinance or regulation with respect to the Property. If the Property is subject to restrictive covenants{--[,] Seller has not received any notice from any person as to a breach of the covenants Seller shall reaffirm these representations to Buyer in writing as of the Date of Closing. 10. CLOSING; ALLOCATION OF CLOSING COSTS. Closing of the transaction contemplated by this Purchase Agreement shall occur on the Date of Closing, at the offices of Title at 1600 West 82nd Street, Suite 100, in Bloomington, Minnesota, at 10 a.m., or at such other place or time of day as the parties hereto may agree to. Seller and Buyer shall each pay C.A11- ! 46692 -� BR291 -182 ® one -half (1/2) of any fee or charge imposed by Title to close said transaction. Seller shall be responsible for the payment of the State Deed Tax due on the recording of the Deed, but Buyer shall pay for the cost of filing the Deed. Seller and Buyer each shall be responsible for the payment of their respective attorneys' fees. 11. POSSESSION. Seller shall deliver possession of the Property on the Date of Closing. 12. EXAMINATION OF TITLE. The Property is abstract property, Seller shall, within a reasonable time after the Execution Date (hereinafter defined), furnish Buyer with an Abstract of Title to the Property., If the Property is Torrens title, Seller shall, within a reasonable time after the Execution Date, furnish Buyer with a Registered Property Abstract to the Property. Said Abstract of Title or said Registered Property Abstract (as the case may be) shall include appropriate judgment and tax lien searches. Using said Abstract of Title or said Registered {-}zr -operty; [Property] Abstract, Buyer shall obtain a Commitment for an Owners Policy of Title Insurance (ALTA Form B -1992) from Title (the "Commitment ") in which Title agrees to insure good and marketable title to the Property of record without exception, with standard exceptions thereto for mechanic's liens, matters disclosed by survey and rights of parties in possession 'deleted' , , f ! ] and which provides for increased coverage to include the cost of improvements hereafter constructed on the Property by Buyer or Buyer's assignee. The Commitment shall include affirmative coverage against loss or damage or claims of unmarketability for gaps, gores or overlaps between or within the various parcels which make up the Property and any property adjacent thereto;:; • In addition, within a reasonable time after Buyer's receipt of the Commitment, Buyer shall obtain, at its sole cost and expense, a survey of the Property, dated subsequent to the date hereof and certified to Buyer by a registered land surveyor licensed in the State of 1-Minnesota as having been prepared in accordance with the Minimum Standard Detail Requirements for and Title Surveys, as jointly adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 and as meeting the standards of an "Urban" survey (the "Survey "). The Survey shall show (1) the boundary lines; (ii) the legal description; (iii) the location of all adjacent roadways and any limitation of access; (iv) the location of all utilities located on or adjacent to the Property: (v) the location of all easements; (vi) the area of the Property in square feet (exclusive of the area of any roadway easements); (vii) the location of all visible encroachments; (viii) all setback lines, and (ix) all matters referred to on the Commitment that reasonably can be shown on such a survey. Buyer shall have thirty (30) business days after receipt of the Survey to provide Seller with a copy of the Commitment and the Survey and written objections to the status of rt [the] disclosed therein. Buyer shall be deemed to have waived any title objections not made within said thirty (30) day period, except that this shall not operate as a waiver of Sellers covenant to deliver the Deed. No objection shall be made to the exceptions to title listed in Paragraph 5 above or to the standard exceptions to title contained in said Commitment (other than those relating to mechanic's liens, matters disclosed by survey and rights of parties in possession). is The costs of continuing said Abstract of Title to a current date, or the costs of producing said Registered Property Abstract. as the case may be, and the costs of producing said judgment i CA- F- 14 1 6692 5 ae9!- i 82 • and tax lien searches, shall be paid by Seller. The service charge for said Commitment and the premium for the policy issued pursuant thereto, if ordered, shall be paid by Buyer. 13. TITLE CORRECTIONS AND REMEDIES. Seller shall have until the Date of Closin` to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within such period. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt44 A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and Buyer's proposed lender of documentation establishing that title has been made marketable, and if not objected to in the [same time and manner as the original title objections„ the] closing shall take place within ten (10) business days or on the scheduled Date of Closing, whichever is later -L,4 B. Notwithstanding anything contained in this Paragraph 13 to the contrary, and time being of the essence hereof, if Seller has not diligently pursued the curing of any objections to title raised by Buyer within a reasonable time after the removal of all contingencies set forth in Paragraph 16 below, then Buyer shall have the right (but not the obligation) to cure the same and to deduct the costs which Buyer incurs in making such cure from the Purchase Price. C. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of its agreements herein{4 Seller may elect either of the following options, as permitted by law: 1. Cancel this Purchase Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. D. If title is marketable, or is made marketable as provided herein-,L,+ and Seller defaults in any of the agreements herein, Buyer may, as permitted by law-}-[.] 1. Seek damages from Seller, including costs and reasonable attorney's fees. 2. Seek specific performance within six (6) months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS PURCHASE AGREEMENT. 14 BROKER DISCLOSURE AND BROKER REPRESENTATIONS. TERRYC�TI SES OF PRUDENTIAL CO.IMERCIAL SERVICES - METRO DISCLOSES THAT HE IS REPRESENTING BUYER IN THIS TRANSACTION. Buyer is responsible for paying Mr. C.kH -1 3669= 6 BR291 -182 • Moses' _`� [fee]. Seller and Buyer each represent to the other that they have not dealt with any other broker in connection with the transaction contemplated by this Purchase Agreement, and cacti agrees to indemnify and hold the other harmless from any claims, damages, costs or expenses of or for any fee or commission resulting from their actions or agreements regarding such transaction which may be claimed by any such other broker. 15. LAW. This Purchase Agreement shall be governed by the laws of the State of iviinnesota. 16. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the occurrence of the following on or before December 30, 1995 (the "Contingency Date "): A. The results of any investigation of the physical conditions of the Property which Buyer in its discretion may choose to make, which may include an environmental audit of the Property, are satisfactory to Buyer in its absolute discretion. Seller agrees that Buyer and its agents shall have access to the Property at all reasonable times to perform such investigations, provided that Buyer shall be responsible for all costs and expenses relating to such investigations, shall hold Seller and the Property harmless from all liability which may arise as the result of such investigations by Buyer, and shall restore the Properly to substantially the same condition as existed prior to such investigation. B. Buyer and/or its assign has closed, or is prepared to close, the purchase of the fee title to all of the properties described on Exhibit 1 [A] attached hereto and made a part hereof{- Buyer in its sole discretion may waive anv or all of the foregoing contingencies, which waiver shall be in writing, given to Seller on or before the Contingency Date. However, if all of the foregoing contingencies have not been satisfied or waived by Buyer on or before the Contingency Date, then this Purchase Agreement shall be null and void, without the need for further action on the part of either party hereto, and thereupon Title shall return to Buyer all Earnest Money held by Title. 17 {7} WELL DISCLOSURE. Except as may be set forth in any Well Disclosure Certificate made by Seller and delivered to Buyer simultaneously with the execution of this Purchase Agreement by Seller, Seller does not know of any "wells" (within the meaning of 1linnesota Statutes Section 1031.005, subdivision 21) on the Property. [Seller further represents that there are no underground or above ground storage tanks located in or about the Property, and to the best of Sellers knowledge and belief no such storage tanks have existed in or about the Property or, if any such storage tanks have existed, there has been no leak or spill of any petroleum or its byproducts from any such storage tanks previously existing on meaning of Minnesota Statutes Section 1031,00, subdivision 21) on the Property. Seller further represents that there are no underground or above ground storage tanks located in or about the Property, and to the best of Seller's knowledge and • belief no such storage tanks have existed in or about the Property or, if any such storage tanks have existed, there has been no lead or spill of any petroleum or its byproducts from anv such storage tanks previously existing on the Property CAA- :4669_ / BR_ 91-;3: I 18. ASSIGNMENT. Buyer shall have the right to assign all of its interest under this Purchase Agreement without the consent of Seller, and upon such assignment Buyer shall be released from all further liability to Seller, or otherwise, under this Purchase Agreement, provided that the assignee of Buyer's interest in this Purchase Agreement assumes in writing all of the obligations of Buyer under this Purchase Agreement. 19. NOTICES. Any notice, demand, request or other communication which may or shall be given or served by Seller to or on Buyer, or by Buyer to or on Seller, shall be deemed to have been given or served on the date the same is hand delivered or deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows+4 If to Seller: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, SIN 55-130 -2199 Attention: Brad Hoffman If to Buyer: Crown Brawley LLC c/o Marc L. Kruger 22220 Monroe Street NW Elk River, MN 55330 20. ENTIRE AGREEMENT. This Purchase Agreement contains the entire agreement between Seller and Buyer relating to the purchase and sale of the Property, and it may be amended only by an instrument in writing signed by both parties hereto and consented to by Title. 21. DUTIES OF TITLE. The sole duties of Title shall be those described herein, and Title shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements between said parties. Title may conclusively rely upon and shall be protected in acting upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties hereto, consistent with reasonable due diligence on the part of Title. Title may consult the advice of counsel with respect to any issue concerning the interpretation of its duties hereunder. Seller and Buyer each hereby acknowledge such fact and indemnify and hold harmless Title from any action taken by Title in good faith in reliance thereon. Title shall have no duty or liability to verify any such notice, consent, order or other document, and its sole responsibility shall be to act only as expressly described herein. 22. BUYER'S RIGHT TO ACCELERATE DATE OF CLOSING. Buyer shall have the right, at its option, to accelerate the Date of Closing, provided that Buyer shall give Seller at least ten (10) days advance written notice of the date of closing selected by Buyer. WITNESS WHEREOF, Seller and Buyer have caused this Purchase Agreement to be executed as of the day and year first above written. • CITY" OF BROOKLYN CENTER CAE - 1.16692 3 5R291 -132 By Its And by Its CROWN BRAWLED' LLC By Its Member C. *I -1 »6092 9 B k291 -13? CONSENT OF TITLE STEWART TITLE COMPANY OF MINNESOTA, the party identified as "Title" in the foregoing Purchase Agreement, agrees to hold and disburse all funds deposited with it pursuant to the terms of said Purchase Agreement, in accordance with the terms and conditions of said Purchase Agreement, subject to the specific disclaimer contained in Paragraph 21 thereof. STEWART TITLE COMPANY OF NINNESOTA By Its C.1-i- 14669' : 0 B R-29i -I3? ® CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the pith day of September, 1993, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance proving for the sale of certain real property of the City. 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 PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY OF THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The real property owned by the City and legally described as Lot 4, Block 1, Lynbrook Bowl Addition is hereby authorized to be sold and conveyed to Crown Brawley LLC. The sale shall be made according to the terms and conditions of the purchase agreement attached as Exhibit A to this rdin o i ance. Section 2. The Mayor and Actin, City Manager are authorized and directed to sign all documents necessary to effect the sale contemplated by this ordinance, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Section This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1993. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8h 1 • i�IEM0RANDUI[ DATE: Au��ust 6, 1998 TO: Nlichael J. McCauley, City Manager FROM: Diane Spector, Director of Public `Yorks SUBJECT: Staff Report RE: Draft Brooklyn Boulevard Right of Way Agreement Attached is the draft right of way agreement prepared by Hennepin County for the Brooklyn Boulevard project. It contains many of the items we have previously discussed with Hennepin County staff, but does not include a detailed or further refined cost estimate for the right of way. Our assessor had in 1994 estimated a total cost of acquisition of $ L 1 million: a few years ago Hennepin County upped the estimate to about $1.7 million for their budget purposes, primarily to account for inflation and a revised right of way plan which came out of the preliminary design. However, it appears that Hennepin County staff have not done any further work to refine the acquisition and relocation estimates since then. Hennepin County has contracted with an environmental engineering firm to conduct a Phase I assessment, so they are working towards a better estimate of the potential for environmental S cleanup costs. That cost is not reflected in the estimate of $1.7 million, however the agreement does include an "escape clause" should the estimated environmental costs or acquisition costs be greater than anticipated. I am continuing to work with Hennepin County staff as they refine those right of way acquisition costs and expect to have more detailed costs available in the near fixture. A priority is to "net out" the costs and revenues associated with the 69th Avenue redevelopment project currently under agreement. This agreement is in draft form, and review by the Council is requested to determine if the general conditions are acceptable. This agreement, revised if necessary, would then be presented to the Council for final approval when we have received a more detailed cost estimate from the County. In general the agreement states that: • The City will take the lead in acquiring right of way in the redevelopment areas of 69th to 70th and the Phillips 66 parcel, and the County will take the lead in acquiring right of way south of 69th and for other parcels not now under redevelopment. • For any parcels which are to be acquired in total. the City and the County will share the total costs of acquisition and relocation 50. If there is any remnant not needed for roadway purposes, then the two parties will share the proceeds from any sale 50 /50. This • differs from the previous draft agreement, which had a more complicated arrangement. Previously, if or example, only half of the area of the parcel would be needed for • roadtivay purposes, then the City and County would share equally the cost of acquiring that half, with the City paying the full cost of acquiring the other half. When that other half was sold for redevelopment, the City would have retained the entire proceeds from the sale rather than sharing the proceeds with the County. • The County and the City agree that simply because a partial acquisition will leave a parcel in a nonconforming state is not cause for a full acquisition. Through design and use of easements rather than fee takings, the number of nonconformities has been kept to a minimum. However, certain properties will be at a less than 35 foot setback rather than the 50 foot setback currently required on an arterial, or the 35 feet being discussed as a part of the proposed overlay ordinance. While not contained in this agreement, it is implicit that the City would allow those nonconformities to continue, and would not require them to be corrected at the time of the roadway project. For example, a car dealership may now meet the required 15 foot greenstrip requirement. ROW acquisition may take ten of those 15 feet. Under this approach the dealership would not be required to reestablish the 15 foot greenstrip by converting ten feet of parking lot to turf. However, should a future remodeling or redevelopment project requiring site and building plan approval occur, that greenstrip requirement would be required to be met at that time. • The agreement proposes that one parcel previously identified for a total take be instead a partial take. It is proposed to remove the Pit Stop building, but to allow the Car -X building to remain on the site. While the building would be non - conforming, there is ample space on the site to relocate the building in the future, and there is also ample space on the property to relocate the parking that would be lost from the front of the building. Besides the agreement. I have also attached a cost estimate of the overall project. While this estimate has not been updated for a few years, it does reflect our current best estimates for the cost of the roadway and enhancement projects, and the engineering costs. Finally, also attached is an aerial photograph with a rough approximation of the new edge of curb and ROW lines in the area from 1 -691 to 69th. Agreement No. PW 24- 02x-98 County Project No. 9322 County State Aid Highway No. 152 City of Brooklyn Center County of Hennepin AGREEMENT FOR RIGHT OF WAY ACQUISITION THIS AGREEIIENT, Made and entered into this day of ' 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State o* Minnesota, hereinafter referred to as the "County ", and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the complete reconstruction of County State Aid High 152 (Brooklyn Boulevard) between 60 ,Avenue Norte and 71" Avenue North; also known as County ProiectNo. 9322, hereinafter referred to as the '`Project " "; and W HEREAS, T he County intends to receive -competi bids and ._ward a contract for tee construction of said improvements to the Brooklyn Boulevard roadway commencing in calendar year 2000; and WHEREAS, The County and the City recognize that it is mutually advantageous and desirable for them to each be directly involved in Lhe acquisition of the property necessary for the roadway right of way purposes; and ' HEREAS, The City and the County mutually desire to assign the acquisition of the necessary properties between the parties, to establish the terms and conditions by which properties are to be acquired, and to set forth the di'Vision of costs of the acquired properties; and WHEREAS, It is contemplated that said wor'.: be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: 1 A map has been prepared which identies t ose property parcels along CSAH 1 from which permanent right of way acquisitions, either partial cr total, arz neecssan�' for the aforesaid -1- Agreement No.. PW 24 -02 -98 ® CSAH 152; C.P. 9 CSAH 152 reconstruction. A copy of said mao is attached hereto (marked Exhibit "A ") and by this reference made a part hereof. II The responsibility for the acquisition of the permanent right of way required to reconstruct CSAH 152 shall be di ided between the City and the County on a parcel basis according to the following: The City shall be responsible for the acquisitions of parcels No. 7, 8, 9, 10, 11, 12, 13 and I8. It is understood that parcels No. 7, 8, 9, 10, 11 and 12 have or will be acquired in total. The County shall be responsible for the acquisition of all the remaining parcels required with the understanding that parcels No. 4, 5 and 6 will be acquired in total. It is understood that upon completion of the detail plans by the County's consultant, if it becomes apparent that it would be advantageous to modify the aforestated right of way taking designation, i.e. partial versus total, of an- of the identified parcels that such a change can occur provided it is mutually agreed to by each party's desi¢nated representative identified later herein. • An amendment to this Agreement will not be required to modify the type of acquisition. The creation of parcel remnants which do not conform A ith City building requirements will not be cause for a total acquisition. in It is hereby understood that the phrase " responsible for the acquisition of as used in the immediately preceding section and elsewhere throughout This Agreement shall be construed to mean the performance of all tasks and dunes necessary and legally required to obtain the right to use the subject property for the purposes set forth in this Agreement. Said rights may be obtained by, but not limited to, direct purchase, dedication, donation or condemnation. Each party is hereby obligated to provide all resources necessary to complete the hereinbefore defined and assigZed acquisitions. Either party may contract with independent and qualified appraisers, property acquisition and relocation consultants as they may deem necessary to fulfill their obligations. IV The costs incurred by the City for the Total acquisition of parcels No. 7 8, 9, 10, 11 and 12 • shall be shared equally by the County and the C - i - v. The City sl-.ali use its best efforts to sell at the most favorable price those portions of said -�arceis which are not required for The Project. The proceeds from such sales shall be shared e ,ually by the Co1uaty and the City. Agzeement No. PW 24 -02 -98 CSAH 152; C.P. 9322 The City has previously purchased parcel No. 13 in total, even though the total acquisition is not necessary to construct the Project. Therefor-, the County's share in the acquisition costs of this parcel shall be limited to fifty (50) percent of the pro -rated value of the land required for CS AH 152 roadway right of way, using the assessor's land value amount at the time of acquisition by the City. In the event of the sale of that portion of the parcel not required for the Project the City will not be obligated to share any proceeds received with the County. As previously set forth, it shall be the City's responsibility to obtain the right of way required for the Project on parcel No. 13. In the event the City is unable to acquire the necessary right of way in a timely manner for the construction of the Project the County may acquire it. In the event the County acquires the necessary right of way on parcel No. 18 the City shall be obligated to participate in fifty (50) percent of the acquisition costs incurred by the County. The City agrees to gant easements w the County over those lands presently owned or acquired by the City that are a part of the rcquirz-d right ofway for said Project, and are not idenrified .herein. Said easements shall be granted at no cost to the County. V r The County will acquire the right of tivav necessary for the Pro ec on parcels No. 1, 2, 3, 14, 13, 16, 17 and 19. All costs incurred by the County in the acquisition of the necessary right of way from these parcels shall be shared equally by the County and the City. It is understood that there axe access issues associated N�dth parcels No. 1, 2 and 3 which directly affect the amount of right of way that may be required. The County will maintain communications with g the development of the detail plans in an effort to resolve the The owners of the parcels durin access issues in a cost effective manner. The acquisition costs incurred by the County for the total acquisition of parcels No. 4, 5 and 6 shall be shared equally by the County and the City. The County will retain ownership of those portions of these parcels which are necessary for the Project. The remaining portions of these parcels will be available for sale by either the County or the City and the proceeds from such sales s.'nall be shared equally by the County and the City. V1 Each paz �y shall be responsible to provide the necessary maintenance, security and risk marLagernent services on any property that is acquired in total. Said responsibility shall comurence on the date the acquisition is completed. The party which acquires the propel' shall also be responsible to inspect or have inspected. any structures on the property for the existence of hazardous materials which must be abated prior to the demolition of the st- ucturc. Agreement No. P%V 24 - - 90 • CS AH 152; C.P. 9322 The acquiring party shall have the option to have any structures removed under a separate contract or as part of the CSAH 152 reconstruction Project. All costs incurred for the demolition of any structures, including but not limited to, the actual demolition costs, the costs for hazardous materials inspections and abatement costs if required, shall be shared equally between the County and the City. rU1 costs of providing maintenance, security and risk management services on any vacant structures shall be the sole responsibility of the party which acquires the property. `II t requir r The County will acquire all tempor e�,,:r_en� r� ..d for she construction of the � q p �' q Project, excepting those parcels previously identified herein as the City's responsibility to acquire. In those instances the City shall rego-.iate and obtain any temporary easements that may be required in conjunction with the City's acquisition of permanent right of way. All COSTS incurred by both the County and the City for the acquisition of temporary easements shall be shared equally by the Count;: and the City. VIE The acquisition costs incurred by the Cite and the Coun y as described herein shall include, but are not limited to, any and all damages occumn, to any person or persons, including private utilities, in relocating or removing or adjustin, main conduits or other strictures located in or upon the land taken and within the present right of way; all costs to perform Phase II environmental site assessments, which may inclt:de but not lirmted to sampling, analyzing and characterizing the subsurface conditions of individual properties, the costs of Minnesota Pollution Control Agency fees for technical review and issuance of liability assurance letters, as well as any subsequent environmmental clean-yap that may be required; all costs incurred for appraisals, taxes, titles, surveys and condemnation commissioners, if required; all costs associated with any inspections for hazardous materials and abatement of same prior to any structure demolition; or damage in procuring ary acquisition, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of C S AH 152 between 64�' Avenue Non-h and 71" Avenue North. The estimated cost to purchase the necessary new CS,41H1 right oftivav and temaorary easements for construction is O Million Sever. Hundred Qghty Seven Thousand Dollars and No Cents (51.787.000.0 This estimated in rtudes ; , arcels whethe obtained by the Ciry or the County but does n ot include costs for anv ervi; onmental cleanup tr' may be required. The costs incurred by the City and the C for their respective personnel costs c for any pro:essioral services necessary m r.eaotia:e the acquisition of prop erty and to determine 1 - Y - Agreement No. PW 241-02 -99 is CSAH 152; C.P. 932 relocation benefits shall not be split by the parties hereto. All such costs shall be the sole responsibility of the party that incurs them. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statute Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in this Agr'e:,ment. Ix Each party will periodically, as properties are acquired, prepare and submit to the other party itemized statements documenting the actual acquisition costs incurred by the party, as well, as the sale rice of any remnant + p parcels sold, since the last statement submitted. The statements submitted to the City by the County shall identify and include as a credit the County's proportionate share of those actual acquisition costs previously incurred by the City for which the -City has submitted statements to the County, as sL•eil as any credits due the County due to the sale o rezrmant parcels by the City. The statements sub=tted to the City shall contain an invoice for the net amount of acquisition costs due and payable to the County. The City shall remit payment to the County for the net amount payable to the County 1;vithin forty five (45) days after receipt of said invoice. X .=111 pavments to the Countv must be rosrmarked by the date due or a late venally of ore (I t percent Der month, or fraction thereof on the unpaid balance will be charged to the Citv. The Ciry shall vav the amount due as stated on the statement. notwithstanding anv dispute of such amount. Should a disputed amount be resolved in favor of the City, the Countv shall reimburse the disputed amount plus daily interest thereon rn1c,.rr4ted from the date such disputed amount was received by the Courtv. Daily interest .shall ne at the rate ofone (1%) percent per month on the disputed amount. - - gll payments to th City must be Dostmarlced by the da te due, or a late peralP; of one (1) vercent Der month, or fraction thereof on the unpaid hnlance will be charged to the Countv. The Counr,' shall oav the amoun due as stated on tho statement, n otwithstanding anv disvute of such x-rount. Should a disputed amount be resolve i in fnvor of the County. the Citv shall reimburse the disputed amount alus daily intere thereon calculated rrom the d ate such disputed amount - +i;as received L the City. Daily interest shall be .at rye rate o_ Bone (1%) percent Per month on the disputed amount. X1 The County, at its sole cost and expense. vi conduct a Phase 1 enVironmental site ® assessment (ESA), which may include b ut pot i re viewing e existing y ' � � ) b .o li to re * in .h , isun� and a a11a,,ie Agreement No. PW 24-02-98 • CSAH 152; C.P. 9322 historical information pertaining to land use and conditions of the properties within the limits of the Project. In the event a Phase II ESA is required on any parcel it is hereby understood and agreed that the County will assume the responsibility to have the Phase IT ESA completed. All costs incurred by the County for the completion of any Phase I7 ESA required shall be shared equally by the County and the City. XH In the event the Phase II environmental site assessment identifies contamination within the new CSAH 152 right of way which must be cleaned up, the County will hire consultants and contractors as necessary to clean up the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such clean up required may be accomplished under a separate project or may be included in the CSAH 152 reconstruction Project. It is agreed that the Citv and County will investigate and exhaust all available options for navment of costs incurred related to cleanup ofsaid new C54H 1,52 riFhr nfwm; This includes. but is rot limited to, responsible parties. All environmental clean up costs incurred by the County which are not reimbursed from other sources shall be shared equally by the County and the City. :III All records kept by the City and the Count «7th respect to this Project shall be subject to examination by the representatives of each party hereto. Each park shall provide the other warty titi ith a report o fthe current status of negotiations on unobtained parcels when reaue.stPd, but nor more freauent than every other month. Said reports shall include. but not limited in. such data as necessary to ;teen the other Darty informed 01 items of concern to the_ property owner, antic pat e_ d date ofacauisition. and if condemnation will be neeessar v. XIV Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by lativ, and shall not be responsible for the acts of the other party and the results *hereof. The County and the City's liability is governed by the provisions of Minnesota Statutes, Chanter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self - insurance prcgrarn. XV It is farther agreed that any and all ernpioyees of the City and all other persons engaged by Uhe City in t1he performance of anv work or ser. cos required or provided for herein to be Acr- een..ent No. P 24 -02 -98 CSAH 152; C.P. 9322 performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the %'Yorkers' Compensation Act or the "IMinnesota Economic Security Law on behalf of said employees whale so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the Country shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the tiiinnesota Economic Security Latin on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XVI Ia order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his design=ated representative shall manage this Agreement on Mralf of the County and serve as liaison between the Counts- and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement the City's Enginee r or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XV11 It is understood and agreed that the entire agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereon. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Ag- reement sued by the parties hereto. XVIII This 14?reement may be cancelled Drior to the consplet of the obieclives set forth herein with the mztual consent o fboth parties Via an amendment hereto. Cancellarion may be -/ - Agreement No. PW 24 -02 -98 CSAH 152; C.P. 9322 considered in the event the antieivated acouisition costs andlor environmental cleanUD costs to be paid by the zanies increase substantialiv above those estimated herein, or for anv other reasons that may arise that reoDardiae the teasibility of the Proiect. In the event this agreement is cancelled the parties ao-ree to reconcile all costs previously, incurred by them in accordance with the provisions nfArticles IV through XII hereof. The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Af i=adve Action Policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. Agreement No. PW 24 -02 -98 CSAH 152; C. P. 9322 IN TESTIMONY WHEREOF, The part ;es hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Seal) By: NIavor Date: And: Manazer Date: COI�TY OF HENNEPIN ATTEST: By: By: Deputy /Clerk of the County Board Chair of its County Board Date: Date: , kPPROVED AS TO FOR'N1: and: assistant/Deoutc /County Administrator By: Date: Assistant County Attorney .end: Date: Assistant County Administrator Public Service and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL: By: By: Assistant County Attorney Director, Transportation Department Date: Date: -9- (� � .i � � oc1 ivl � <Ia ` tam 4MW ow mar A (.32) "til I F IIST A-kW Z. Ow it ---- - --- % --- — ---- ---- - - - - - a 2 619TH, AVE N (FOR)4:RLY HCSM 14C . 13 0, PLAT '!'I Z7) C2 - N 93 S.P.9 lie/ Oil AUD; su:D % 4� (:c�� \:.. CZ '7 1 ra jr 10. vw BROOKLYN BOULEVARD C) q��j Tr 14 J \ + Hennepin County Agreement No. PW 2 " -02 -98 A Exhibit "A"; Sheet I of 2 ♦ ♦ ,ti . 71 cOAM:.Ti rt;,za � ... n (ti :) ct: (,�! , Ann ` BROOKLYN BOULEVARD �4 • ♦- t. Ilk ?UZA In s � <'!. ♦\ �C.�(LN Lire) ♦ 1 ' 1 �LS � `•t s ,. M i � r a J IS• � i �. (; , t (.,) � ' � t +t Cwt Ir.7 ♦ � � (J'I 1 rr y . w � s `'� '•� � ..d ! 591.`. S •. �.L;r, s mw vv V: Q 1 H6T'� � ( 1 J.DI j r ( I (,;1 � O � �•` r CS (w) • l.�t ILU SAtr PLA 27) Hennepin County Ageement No. ?W 24 -02 -98 Ex ibix " A ". Sheet 2 of 2 -C- =L r . SUNDAARY OF ESTINUaTED COSTS FOR BROOKLYN BOUTLEVARD EMPROVENIENTS Project Cost Item Estim.Total Cost Ciry Ci ISTEA County NtwDOT Cost Split' Share Source ( Share Share Share 1. Preliminary Design 5307,500 5103,160 5104,340 SO Roadway S120,000 A 523,160 LSA 596,840 SO Public Utilities $15,000 D S15,000 PU 50 SO Right of Way S 15,000 B S7,500 LSA 57,500 SO Enhancements 537,500 D 537,500 TIF 50 SO Redevelopment 520,000 D 520,000 TIF SO SO 2. Final Design $150,000 528,950 5121,050 50 Roadway A SO 50 SO Construction Management A SO SC SO 3. Basic Roadway Construction 54,225,900 5476,500 51,600,000 51,957,100 5192,300 (incl 25 contingency) a. Brooklyn Boulevard &: ramps 53,993,400 A 5249,000 LS VSpA 51,600,000 51,957,100 5192.300 b. City utilities $22 D 5227,500 50 SO Water 566,400 566.400 Water Util Sanitary 550,400 550,1 San Utii Storm drainage (inel pond) S110,700 S 1 10, 7 100 SDU 0 , 1 OW Acquisition n x3;'00,000 52,200,000 5500,000 SO Roadway r �' 51,100,000 / /B 5600,000 _1ST LSA 5500,000 50 Redevelopment 51,600,0 D 51,600,000 T 11 SO SO Beautification 51,300,000 51,300,000 5500,000 S0 SO Underground Power 5800,000 D 5300,000 TIFLSA SO SO 50 Enhancements $1,000,000 D 5500,000 TIF $500,000 SO SO G:k-'vD TOTAL 59,083,400 less ISTEA.'STP fads 52,100,000 TOTAL COST, NET ISTEA 56,983,400 S4,108,610 52,100,000 53,682,490 5192,300 Total' Roadwav 5-1,025,900 S1, 151, 119 51,600,000 S2,682 ,J 5192,300 Total 5eaut icatior Bede elopment S?. 957, 560 52.95 ", 500 5500, 000 SO SO 6/3/97 'A is based on application of Hennepin County Policy for Cost Participation, as applied MB V's Estimate of Constr­lction Contract Costs (see Exhibit Q. Calculated as: Ciry share = 3= r 32,746,360 = 19.3% County share T'i: s split is :o be appiied to preliminary desip costs and final design costs for, oadway improvements contemplated uncle, HC's iSTE JiP grant ? used on application of Hennepin County Policy for Cost Pa ticipation for ROW costs /501=0). 0 cares no participation by either the City or the County. ' Cin cost, with no participation by the County. '9w4 kt ; `.. ri � Y• • ;I r ,,, t. - . r . w.i w s „ ;.• r p {,,. ♦ 't j 1 .`Y�. - �, ,�.`/ rS,� ,�,..'Y ..;r''.- ., liw• RiiAnr'r fi- y "��ir Ci. P.'r i' .:r 71>' : ° � '' i=S .c14 •.!'1 /..'�x, y: � ;�i. 2,`e`, `: f`` 1. ` �i`Z.. + . ' '�( k � ••+V�, , p�,r • f • f .x . M °� .t , :.• , �;r�:° 9C,'�'w T:. . �'r € 1 YI : /�' T„ _r -y. �� �r ".'f.l •'i ^. p � ry f -••'' $•:.x,' .'t,�.... , ,� 1 7,;Z•��; ^4.:,4 � .y' 7° �� •Y�.[, r •.. 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"'tsar.,. •.. � AO- A7 �,�,• '; wi 'Y �, PF��tr.�')P • ±� ! r•� •�.. ^ ) i,A �� „� � 1 'k � ✓ i• u t / , r• • `f . ✓` •a' � . r _ �Sr �; » }, 1P iN' .k,p r " ♦ ` },' + . / . ir:i •..�•`Cr.,�' �"•: ) ,srri �` ' f y{, •, }t Y• T', '`�,,, .��'.-; ,,):, -.t. � •} fi r•' a"t.'t•r' "'�' . ;.`r�t� °S1kP�`��•� .. ,e' �rY�'" ;yl�� k''ff�i't'•' i. `'TfJ'"� r , �� a / •- !J �, iP` .'E� i'P e�, ..'C;i °i, .��„� .'fir «. r '�r..r �r, 1 City Council Agenda Item No. 8i • • City of Brooklyn Center A great place to start. A great place to stay. ro: Mayor Kragness and Council Llembers Carmody, Hilstrom, Lasman and Peppe From: Michael J. McCauley G � City Manager Date: August 6, 1998 Re: Selection of Financial Advisor Pursuant to City Council policy, requests for proposals to provide financial advisor services were solicited. Proposals were received from four firms: - Public Financial Management. Inc. - Evensen Dodge. Inc. - Ehlers & Associates. Inc. - Springsted, Inc. The proposals were reviewed by Finance Director Charlie Hansen to detennine qualifications under the terms of the request. Mr. Hansen's review indicated that all 4 firms met the criteria established. Interviews were conducted on July 21st. Public Financial Management, Inc. was unable to participated due to staffing conflicts with that date. As set forth in the policy, a committee conducted a review of the firms. The committee consisted of - Mayor Kragness - Council Member Carmody - Council Member Lasman - Financial Commission Chair Escher - Financial Commission Member Blarney - Financial Commission Member Hruska - Finance Director Hansen - City Manager. Based on the presentations made on July 21st, the committees recommendation was to continue the relationship with Springsted. The next step in the policy is for the City Manager to make a recommendation to the City Council on the appointment and the City Council to make the final selection. Enclosed for your review is a tabulation of fees compiled by Mr. Hansen following the interview process, the summaries presented by the firms on July 21 st, the interview questions, and the request for proposals. In Mr. Hansen's analysis. liability insurance was an item that only 1 firm responded to in the request for proposals. However in the interviews the other firms indicated that P q P P , • they had liability insurance. The complete proposals are available if you would like to review them. 6301 Shingle Creek Pkwy, Brooklyn Center, 11V 554.30 -2199 • City Hall & TDD .Number (612) 569 -3300 Recreation and Community Center Phone & TDD , (612) 569 -3400 • FA.X" (612) 569 -3494 An Affirmatiue Action /Equal Opportunities Employer The basic services provided by a financial advisor are related to debt and development financing. The services include analvsis for the sale of bonds, continuing disclosure requirements, analysis of proposed development financing, and general evaluation of specific financial issues. As indicated in the rate comparisons, there are no appreciable differences in fees for the issuance of bonds, until reaching the higher bond amounts. The committee found some of the tax increment expertise offered by Ehlers to be of interest. One concern with Ehlers was their representation of development interest under certain circumstances. In reviewing the process and the committee's recommendation, I would concur in recommending the continuation of service with Springsted. Springsted's service has been satisfactory and they have an archive of the City's past issues that allows continuity in analysis of debt service and capacity. We have worked with Springsted to analyze cash flow in our tax increment districts and are currently using them to analyze Brookdale. Since we are midstream on these projects, changing financial advisors would increase staff time to make the transition, without any appreciable change in cost for services provided by the financial advisor. It would also delay, initially, updating of analysis that will be occurring for current projects. My personal view of the interview process was that Springsted made the most understandable and direct presentation in responding to questions. Springsted's analysis and advice are grounded in sound financial analysis. I do have some concerns over one of the other firn willingness to perhaps be a bit too aggressive in its analysis and projections. I prefer a more moderate approach to financial projections. As indicated in the issuance of Tax Increment Bonds where Ehlers advised the City, debt was issued with capitalized interest to cover initial years prior to sufficient development to service the debt. Fortunately, development has occurred to support the debt service and all of the bond proceeds were not spent so that monies would be available if there had been a shortfall in tax increment proceeds to service the debt. {The committee's general ranking of proposals was: Springsted, Ehlers, and Evenson Dodge.} I would rank the proposals /presentations: Springsted, Evenson Dodge, and Ehlers. CITY OF BROOKLYN CENTER • FINANCIAL ADVISORY SERVICES TABULATION OF PROPOSED FEES FEES Sgrinasted, Inc. Ehlers & Assoc Evensen Dodqe Inc. For the Issuance of Bonds: Issue Size 0 to 500,000 $7,500 $7,400 $10,500 500,001 to 1,000,000 $9,500 $9,400 $10,500 1,000,001 to 1,500,000 $11,500 $11,400 $11,000 1,500,001 to 2,000,000 $13,000 $12,900 $11,500 2,000,001 to 2,500,000 $14,500 $14,400 $12,000 2,500,001 to 3,000,000 $15,500 $15,400 $12,500 3,000,001 to 3,500,000 $16,500 $16,400 $13,000 3,500,001 to 4,000,000 $17,500 $17,400 $13,500 4,000,001 to 4,500,000 $18,500 $18,400 $14,000 4,500,001 to 5,000,000 $19,500 $19,400 $14,500 5,000,001 to 5,500,000 $20,000 $19,900 $15,000 5,500,001 to 6,000,000 $20,500 $20,400 $15,500 All three firms quoted additional premiums or discounts from the above fees based upon the type of bond issue. See the attached pages from their proposals for the details. Continuing Disclosure Set up $250 No response $750 Annual $200 No response $350 Material event No response No response $200 Arbitrage rebate calculation Annual or $1,300 No response No response End of 5 years $2,750 No response No response Arbitrage monitoring Annual or $400 No response No response End of 5 years $850 No response No response HOURLY FEES FOR OTHER SERVICES AND STUDIES Senior Officer $150 NA No response Project Manager $125 $120 No response Other Officers $115 NA No response Professional Staff $90 $90 No response Support Staff $40 $45 No response 7/24/98 4:45 PM Fees Section Nr Springsted encourages issuers to select a financial advisor based on the quality of service they desire, the capabilities of the individuals assigned to the project, and the stability of the firm that will provide the service. Following this decision, we are confident that a mutually agreeable compensation arrangement can be reached. The following are the fees that Springsted charges for its wide range of services. Our fees are comprehensive and Springsted would be responsible for undertaking the entire transaction covering an activity. However in some instances, some clients prefer to be responsible for certain aspects of a particular activity. In those cases, we negotiate an adjustment to our fee to reflect their effort. Our fees are as follows: General Debt Issuance Services Amount of Debt Obliqation Fee $ 0 - $ 500 $ 7,500 501 - 1,000 9,500 1,001 - 1,500 I 11,500 i ( 1,501 - 2,000 13,000 2,001 - 2,500 14,500 2,501 - 3,000 15,500 3,001 - 3,500 16,500 3,501 4,000 17,500 4,001 - 4,500 18,500 I 4,501 - 5,000 19,500 A 5,001 - and over 19,500 plus $500 per $.5 million or any part thereof in excess of $5 million Non- general , obli ation refunding and tax increment debt would be 9 9 compensated at 1.5 times the fee set out in the General Obligation Debt Issuance Services schedule listed above. All other projects conducted for the City would be negotiated — as part of the initial work program — prior to undertaking the assignment. The following hourly rates would apply: i Hourly Rates Senior Officer ( $150 Project Manager ( 125 Other Officers 115 Other Professional Staff _ 90 40 - - I Support Staff -- _` F.J SPRINGSTED Page M -1 City f Brook Center, y y e , tvfinnescta IN Continuing Disclosure There is an initial fee of $250.00 for set -up in our database for continuing disclosure services. The annual fee for an annual report is $1300.00 plus $200 per year per issue of the same type. If the client has an official statement that can serve as an annual report, the fee is $200 per issue of the same type. Monitoring of the significant events designated by the Securities and Exchange Commission is included in Springsted's continuing disclosure services. Arbitrage — Rebate Services An annual arbitrage and rebate calculation would be performed for each issue at an annual fee of $1,300 or a five -year calculation for $2,750. In the event that a calculation is not required, we will provide monitoring services at an hourly rate not -to- exceed $400 annually or $850 at the close of every fifth bond year. Expenses The client shall be responsible for issuance expenses including, without exclusion of other expenses, printing and distributing the Official Statement, publication of notices, legal fees, delivery and settlement, travel rating fees, out -of pocket Debt Obligation expenses and governmental and governmental agency fees and charges. Springsted strives to provide its high quality service at cost - effective rates that reflect our ability to maintain high quality staff to service our clients. Our base rates have not been raised for over ten years. We have accomplished this by becoming more efficient through the use of technology as well as having staff with significant experience in the business. Our staff has the knowledge and the experience which contributes to our efficiency and our effectiveness. Springsted has always been proud to be Brooklyn Centers partner and looks forward to continuing our service to the City. �i SPRItiGSTED page M -2 Proposal %* City of Brvokh'n Center Fees In connection with the financing of a project and for each issue or series of obligations, the fee, due and payable only upon the award of the sale of the obligations would be as follows: Issue Size Fee Issue Size Fee Less than to $500,000 $7,400 $3,000,001 to $3,500,000 $16,400 500,001 to 1,000,000 9,400 3,500.001 to 4,000,000 17,400 17 1,000,001 to 1,500,000 11,400 4,000,001 to 4,500,000 18,400 . 1,500,001 to 2,000,000 12,900 4,500,001 to 5,000,000 19,400 MM 2,000,001 to 2,500,000 14,400 5,000,001 to 5,500,000 19,900 2,500,001 to 3,000,000 15,400 These fees cover all of the services described in Task 1 (Debt Issue Development and Oversight) of the RFP. The City shall be responsible for the following expenses: printing and distribution of the official statement, bond printing (if not global book entry), rating fees, legal services, publication of notices, and fees for information required for official statement. These expenses are tied to the bond issue, not to the financial advisor. For other services, Ehlers will prepare a written scope of work and budget. The City will authorize additional services before work begins. Unless otherwise agreed by the City and Ehlers, additional services will be charged on an hourly basis according to the following fee schedule: Professional ............... $120/hour Technical Support ............ 90 /hour Clerical Support .............. 45/'hour The proposed fees will apply for the entire term of a three -year period. In comparing Ehlers' fees with other proposals, it is important to consider the following factors: No Multiplier. Some firms apply a fee multiplier to more complex forms of debt -- -Not Ehlers. We do not charge more simply because the form of debt or revenue source is different. Debt Consolidation. Ehlers looks for ways to consolidate project financing into a single of erinQ. Consolidating debt not only reduces the costs of issuance, but also lowers long term debt administration expenses. �i Ehlers & . Lssociates •✓ 31 Proposal +City of Brooklti7l Center 2nd Issue Discount. In some cases, it is necessary to offer multiple issues at the same time. Ehlers applies a 25% discount to the fee for the additional issue(s) to reflect the overlap of services between issues. Comparing fees also requires comparing services. Ehlers' approach to pricing services comes from our overall philosophy. ■ We are service oriented. Our fee structure enables us to provide the type of service you require: extensive use of senior staff to create solutions N'^ and analyze options, up -front planning and testing of implications, and a commitment to the number of meetings needed to complete a project. ■ We seek to create on -goin relationships. The role of the financial advisor does not beV,,in or end with a specific bond issue. A portion of our fee acts as a retainer. We serve you regardless of how the work relates to a specific bond issue. You can take advantage of our services ,n without worrying about receiving a bill at the end of the month. Ehlers 3c Associates i• 32 SECTION 2 REFERENCES AND FEE 1. List of references relatin- to projects completed for local Governments over the last five years xdth comparable characteristics to the City of Brooklyn: Center, preferably in the State of Minnesota. Include nanres, addresses and phone number of contact persons. Below, we provide references for either local or comparable clients. We encourage you to contact each of them and would be pleased to provide others at your request. Phil Shealy Richard Johnson City Manager Associate Regional Administrator City of Bemidji Metropolitan Council Minnesota Minnesota 218/759 -3560 61 2/291 -6454 Don Ran:bow Geor ette Teteifon Finance Director Controller City of White Bear Lake Washington Count-* HRa Minnesota Minnesota 612%429 -8517 612/455 -0936 Arthur Davis Larry JVatts City Administrator Finance Director City of Lee's Summit City of New Hope Missouri Minnesota 8 16/251 -2331 612/531 -5100 Jill Schwint Todd Torvinen Manager of Fiscal Services Director of Finance Brooklyn Center Schools Citv of Duluth Minnesota Minnesota 612/561 -2 120 218/723 -3356 Fees Provide the pricing schedule you will use to charge the City for providing services as outlined in Section III. Differentiate between fees which may be based upon a sliding scale tie to the size of a bond issue, between types of bond issues, fees which may be a flat annual fee for a given service, or hourly rates for all personnel who may be billed on that basis. Also indicate the le of service commensurate with the quoted price. If the applicant is proposing that the City bear the cost of incidental expenses associated with a financing, clearly state what type of incidental expenses are proposed for the City to bear. Costs for expense reimbursement, if any, are to be clearly itemized. EVENSEN DODGE INC Pale 22 98cC92 Fees The Request For Proposal requests that a tee proposal be submitted which is based on the nature and size of bond issue being sold. Our proposed transaction based fee schedule is as follows: Amouizt o f Issue (000's Omitted) Base Fee so-S1,000 $10,500 1,001 - 1,500 11,000 1,501 -2,000 11,500 2,001 -2,500 12,000 2 -3,000 12,500 3,001 -3,500 13,000 3,501 -4,000 13,500 4,001 -4,500 14,000 4,501 -5,000 14,500 5,001 and higher 14,500 +5500 each additional $500,000 of issue size Notes 1. Issues principally supported by general obligation tax levies will be billed at 100% of base fee. 2. Issues principally supported by other than general tax levies will be billed at 115% of base fee. 3. Refunding issues requiring escrow structuring and investment of escrowed funds will be billed at • 125'/'o of the appropriate scale. 4. Short term financing will be billed at 60 °'a of the appropriate scale. 5. When multiple issues are sold at the same time, the smallest issue will be billed at 85% of the appropriate scale. The City would be expected to pay normal issuance cost such as printing and mailing the offering statement, bond counsel, rating, travel, overnight mail charges, and other associated expenses. If we perform services at the direction of the City which are not directly related to debt issuance, we would bill for such services based on a lump sum amount or other method of payment negotiated with the City. Secondary Disclosure Dissemination Agent Services Initial Set -Up Fee S7J0 Annual Filing Fee $350 (minimum) "Material. Event" Filing Fee $200 (minimum) EVENSEN DODGE INC Pa, 23 93cJ92 V CITY OF BROOKLYN CENTER, IIINNESOTA • INTERVIEW QUESTIONS FOR FINANCIAL ADVISORY SERVICES 1. The City of Brooklyn Center currently has one bond issue, the Police & Fire Building Bonds of 1997, which is likely to require an arbitrage rebate. Please review the process by which you would propose to handle this situation and the ongoing review of all bonds issues to insure arbitrage compliance. 2. Describe your firm's experience with very large (total public!private investments Of $ 100,000,000 or more) economic development projects. • �. How do you keep your clients appraised of issues that may affect existing and future: a) development projects b) bond requirements (i.e. changes in federal or state law) 4 . a) How would you advise the City regarding its existing debt'? • b) How would you provide continuing disclosure or other required reporting services on existing bond issues and future bond issues? 5. How would you approach providing the City with annual analysis of TIF districts and their outstanding debt? ® b. How do you analyze the relative advantages of issuing callable verses non - callable bonds? MEMORANDUM TO: Mayor Myrna Kragness, Council Members Kathleen Carmody and Kay Lasman, Financial Commission Chair Donn Escher, Members Jay Hruska and Jerald Blarney, and City Manager Michael J. McCauley FROM: Charlie Hansen, Finance Director C H DATE: July 15, 1998 SUBJECT: Financial Advisor Interviews At the July 13, 1998 City Council meeting, the Mayor appointed you serve on the interview panel for the candidates for Financial Advisor. The interviews are set for Tuesday, July 21, 1998 according to the schedule below. Four proposals were received and were determined to be worthy of interviews. Public Financial Management, Inc. was unable to attend on July 21st. They have been dropped ® from consideration due to the difficulty of reassembling the eight member interview panel on another day. The format of the interviews will be to allow about 30 minutes for the candidate to make a presentation. This will be followed by about a 15 minute question and answer period. The interview will conclude and the panel will discuss their reaction to the presentation. There will then be a break prior to the start of the next interview. Time Firm 9:15 A. M. Evensen Dodae, Inc. 10:45 A.M. Ehlers & Associates, Inc 1:00 P.M. Springsted, Inc. INIENIORANDUNI TO: Michael J. McCauley, City 114anager FROM: Charlie Hansen, Finance Director G H DATE: July 7, 1998 SUBJECT: Tabulation of Proposals for Financial Advisory Services Attached are a spreadsheet tabulating the responses received from the request for proposals for Financial Advisory Services. RFPs were sent to seven firms listed in the Minnesota GFOA directory as financial advisors. David INl. Griffith called to say that they didn't provide these services. Juran & Moody called and stated that they couldn't respond since they do underwriting. Miller & Schroeder failed to respond at all. The four responses are attached. I set up the table of desired services listed in the RFP and referenced the pages in the • responses where the given service was discussed. In a few cases the discussion was so general that it was difficult to say that the given service was really discussed. This review was done in the context of determining if the responses were complete and worthy of continued review. My opinion is that all four responses are complete enough and of sufficient quality to warrant continued consideration. The next step that should be undertake is to have the Nlayor name the review panel of City Council Members, Financial Commission Members, and the City Manager and Finance Director. At the last Financial Commission meeting, Financial Commission Members Donn Escher and Jay Hruska expressed their willingness to serve on the review panel. Subsequently, Jerry Blamey said he would be willing to serve. The July 13 City Council meeting may be an opportune time to name the review panel. Interviews may be scheduled after the panel is named. CITY OF BROOKLYN CENTER FINANCIAL ADVISORY SERVICES • Ehlers &; Evensen Public Springsted Assoc Dodge Inc. Financial Mgmt Not Underwriters Page 5 Page 2 Page 2 A -1 I La Experience in state Pages 6 -9 Page 1 � Page 8 Section A l.b Experience with Pages 9 -12 Page 6 Pages 10 -11 Section B comparable cities I.c Experience of personnel Pages 24 -30 I Page 8 Pages 13 -15 1 Section C Ld Bond Rating Agencies I Pages 12 -13 I Page 11 Pages 17 -20 Section D S Le Debt Issuance I Pages 13 -14 (Page 13 Page 22 E 1 -5 I Le Marketing ( I Page 13 I Pages 23 -25 I E 6 -7 Le Bond Closing ( � Page 13 Page 26 (E 7 l.f Continuing Disclosure Pages 14 -15 i Page 14 Page 21 F 1 -2 l.f Arbitrage Sub contract Page 15 Page 28 F 2 -4 Pages 15.16 l.g Financial Planning Page 16 Page 15 Pages 30 -31 G 1 1.- Debt ivlanaaement ( Page 16 Page 15 Pages 31 -33 G 2 Lh Housing ( Page 16 Pages 16 - 18 I H 1 - 2 Lh Tax Incr. Financing ( Page 17 I Pages 16 - I H 3 - 4 l.h Economic Develop Plan `Pages 17 -18 Pages 16 -18 H 3 -4 1.1 In -house Support I Pages 18 - Page 19 Pages 35 -36 Section I l .j Refunding experience Page 20 Page 20 I Pa��es 38 -42 Section J Lk Working knowledge Pages 21_22 Pa -e 21 Paae 44 Section K 1.1 References Page 23 Paae 22 Page 46 ( Section L 2. Fees I Pages 31_32 Paue 23 Page 53 Section M l 3.1 Liability Insurance f Not addressed Not addressed Not addressed Section N CITY OF BROOKLYN CENTER, MINNESOTA REQUEST FOR PROPOSALS FOR FINAiNCIAL ADVISORY SERVICES I. Statement of Purpose The City of Brooklyn Center, Minnesota is inviting proposals for the purpose of selecting a firm to serve as independent financial advisor to the City. The City expects to select a financial advisor who will serve the City for a period of four to six years, commencing on January 1, 1999. The independent financial advisor will be expected to perform services as required by the City in a professional and timely manner. II. General Information Regarding the Citv The City of Brooklyn Center is a northern suburb of Minneapolis. The City is wholly y within Hennepin County and encompasses an area of approximately 8.5 square miles. The Mississippi River forms the City's eastern boundary. The City experiences its most rapid growth from 1950 to 1970 when the City's population anew from 4,300 to its peak of 35,173. The 1990 U.S. Census court for the City is 28,887, a 7.5 o decline form the 1980 Census. The 1997 population, as estimated by the Metropolitan Council, is 28,515. In contrast to the decline in population, the number of households continued to grow to a peak of 11,704 in 1990. By 1997, the number of household had dropped to 11,238 due to removal of some units by the City in accordance with a planned redevelopment effort. The decline in population is due to the combination of fewer persons per household and fewer households. Brooklyn Center has been a municipal corporation since 1911, and is governed under a Home Rule Charter adopted in 1966 and subsequently amended. The City has a Council - Manager form of government. The Mavor and four Council Members are elected to serve overlapping four -year terms. Individuals comprising the current City Council are listed below: Exairation of Term Mvrna Kragness Mayor December 31, 1998 Kathleen Carmody Council Member December 31, 1998 Debra Hilstrom Council Member December 31, 1998 Kay L.sman Council Member December 31, 2000 Robert Peppe Council Member December 31, 2000 The City Manager, Mr. Michael J. McCauley, is responsible for the administration of Council policy and the daily management of the City. The Manager is appointed by the City . Council and serves at its discretion. Mr. McCauley has served the City in the position of Manager since December of 1995. The Director of Finance, Mr. Charles R. Hansen, is responsible for directing the City's financial operations, including the preparation of the annual financial report and interim reports, the investing of City funds, and the issuance of bonded debt. Mr. Hansen has served the City as Director of Finance since 1993 and was previously the assistant to the Director of Finance for seven years. III. S. di ne of Se yr ices The independent financial advisor will assist the City in the analysis, structure, issuance and management of debt on a regular, ongoing basis. The financial advisor may also be called upon to provide other financial advisory services on an as needed basis, such as analyzing capital financing plans, tax increment financing, rate analysis, housing financing and assistance with negotiated transactions. Services will include, but are not limited to, the following tasks: Task 1: Debt Issue Development and Oversight Task 2: Continuing Disclosure / Arbitrage Rebate Management Task 3: Financial Planning and Debt Management Task 4: Economic Development Planning Any outlined task(s) requiring periodic updates and monitoring by the City and /or the Financial Advisor, for which working documents and /or computer models are necessary, shall be formatted to be compatible with the City's current computer software. Such working documents and /or computer models shall become property of the City. Task l: Debt Issue Development and Oversight The Financial Advisor will be responsible for the oversight of the issuance of all competitive and negotiated bond transactions. This task will include: (1) Planning and Development; (2) Marketing; (3) Bond Closing; and (4) Work Products. 1. Planning and Development a) Research and advise on aspects of tax exemption and arbitrage in cooperation with Bond Counsel and the City Attorney. b) Review preliminary feasibility studies in cooperation with the City, its officials and administrative staff, attorneys, bond counsel attorneys, 2 accountants, architects, and en as requested by the City. These studies outline the project, its costs, funding alternatives and sources, existing debt and future debt service requirements and cash flow and revenue needs. C) Analyze the proposed financing, including funding alternatives to determine methods of strengthening marketability and recommend the best method of marketing consistent with current economic and market conditions and racing agency criteria. d) Consult with established rating agencies with regard to proposed financing and assist the City in obtaining the most favorable rating possible by directing preparation of appropriate information and by accompanying City representatives in meetings with rating agencies. This task includes analysis of City credit rating with reference to standards, national trends, etc., and advise on measures to be taken to* improve ratings. e) Act as a liaison with bond counsel and coordinate the work of other professionals providing similar services. ?. Marketing The Financial Advisor will assist the City in the marketing of bond issues. Such services will include: a) Advise on the appropriate terms and conditions of the sale, such as maturity schedule and other requirements including discount, par, premium, net interest cost, and true interest rate. The Financial Advisor will consult with the City and bond counsel concerning the bond covenants, and advise on advantageous features such as parity provisions, reserve requirements, sinking fund payments and redemption provisions and assist City in preparation of call provisions and notices. b) Advise on the timing of the bond sale, taking into consideration such factors as changing economic conditions, current and projected market trends and convenience to the City. C) Assist in preparing an official statement on behalf of the City and with the cooperation of the City and bond counsel. Advise the City on full disclosure requirements and conformance to suggested guidelines. Coordinate review and revision with the City, bond counsel and underwriter. This Official Statement shall be subject to final review by the City and bond counsel. d) Assist in publicizing the issue with an official statement, notice of sale, bid • forms and such other means necessary and advisable to develop regional public and institutional interest. e) Advertise the bond sale in prominent financial publications as may be appropriate to the sale in addition to coordinating local publication requirements with bond counsel. 3. Bond Closing a n The Financial Advisor will assist the City in directing, coordinating and supervising bond closing transactions. Such services will include: a) Coordinate the compilation of transcript material; b) Oversee all bond pricing and registration procedures; C) Solicit bids for investment of funds if necessary. 4. `York Product The Financial Advisor will be expected to provide the following work products for each debt offering unless specific arrangements are made for one or more of these products to be supplied by others. 4 a) Pre -sale analysis; b) Offering statement; C) Post sale analysis; d) Such other studies, including analysis of funding alternatives, cash flow projections and materials necessary for financial planning and bond sale purpose. Task 2: Conti Disclosur / ,Arbitrage Rebate 'Management The Financial Advisor will assist the City in the administration of continuing disclosure requirements and arbitrage /rebate management. These services will include, but are not limited to: 1. Compile and assist with the distribution of an annual report for submission to all Nationally Recognized 'Municipal Securities Information Repositories and the State Information Depository, if one is designated, and the Municipal Securities Rulemaking Board, as required by the provisions of the specific issue: 4 ?. Monitor material events through periodic requests for information and assist with the disclosure of material events: • 3. Advise on arbitrage and /or rebate provisions; 4. Monitor funds subject to arbitrage restrictions and calculate rebates. Task 3: Financia Planning_and De bt 'Management The Financial Advisor will assist the City in financial planning and debt management activities. These services will include, but are not limited to: 1. Assist and advise with the implementation of a long -range financial plan for the City. Development of the plan will include: a) establishing policies and procedures; b) identifying and evaluating objectives; C) review and analyze cost effective alternatives for financing the City's operating and capital requirements; and d) review enterprise fund(s) revenue requirements. 2. Assist and advise the City in manaaira its short- and long -term debt programs. Such services will include: a) assist and advise on the development of debt management policies, including total debt, levy and per capita levels, pay -back provisions, etc., b) monitor markets for opportunities to refinance existing City debt; C) advise and assist the City in determining the scope of new debt financing; d) assist in communications with the financial community to promote the City's debt securities and improve bond ratings, and e) assist the City in meeting its secondary market disclosure requirements. Task 4: Economic Development Planning The Financial Advisor will assist the Cin- in fiscal planning of and debt management of its economic development activities in the following areas: J 1. Housing • Senior ' Market rate • Rehabilitation •' Pro forma 2. Tar Increment Financing • TIF Plans • TIP debt management plans • TIF policies and procedures • Issuance of TIF debt • Pro forma 3. Economic Development • EstabIish policies and procedures • Project analysis • Tar impact • Revise level impacts • Job creation IV. Proposal Form and Content 1. Qualifications Proposals should include responses to each of the following items. Include sample work products as appropriate to address the services expected from the consultant, as outlined in the Scope of Services, Section H. Please construct your proposal with responses in the same order as listed below to facilitate review and comparison by the review committee. a. Experience of the firm with municipal bond issues in the State of Minnesota. b. Experience of the firm with jurisdictions of comparable characteristics to the City of Brooklyn Center. C. Identify the person(s) who will be assigned to work with the City. List the qualifications and experience of the person(s). If more than one person is to be assigned, identify the person who will have senior -level responsibility or manage the engagement, and the approximate time commitment (as a percent) of total time on the engagement of each person. Identify the person who will back -up the manager should he/she become unavailable for any reason. Include resumes. d. Experience dealing with bond rating agencies. Summarize your approach to is preparing and presenting the information. 6 e. Outline your firm's experience in providing debt issue development and oversight services as outlined in Section III. f. Outline your firm's experience in providing continuing disclosure / arbitrag F e - P rebate management services as outlined in Section III. Cr. Outline your firm's experience in providing financial planning and debt management services as outlined in Section III. h. Outline your firm's experience in providing economic development planning services as outlined in Section III. I. Summarize your firm's support service capability; i.e. computer printing, word processing, graphics, etc. In -house or contracted?. j. Outline your firm's experience in advance refunding for local governments. k. Describe the process by which your firm will acquire a working knowledge of the City's outstanding debt so as to be able to advise the City on any financial, legal, market, or regulatory issues in the future. 1. List of references relating to projects completed for local governments over the last five years with comparable characteristics to the City of Brooklyn Center, preferably in the State of Minnesota. Include names, addresses and phone number of contact persons. 2. Fees Provide the pricing schedule you will use to charge the City for providing services as outlined in Section III. Differentiate between fees which may be based upon a sliding scale tied to the size of a bond issue, between types of bond issues, fees which may be a flat annual fee for a given service, or hourly rates for all personnel who may be billed on that basis. Also indicate the level of service commensurate with the quoted price. If the applicant is proposing that the City bear the cost of incidental expenses associated with a financing, clearly state what type of incidental expenses are proposed for the Cin, to bear. Costs for expense reimbursement, if any are to be clearly itemized. Terms and Conditions a. The City reserves the right to reject any or all proposals or to negotiate a contract in the best interest of the City at the absolute and sole discretion of the City Council. i b. The firm must submit five (5) copies of each of its proposals to the finance officer not later than 4:30 P.M., :Monday, June 15, 1998. The address and telephone number is: City f Brooklyn Y n Cente r 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 (612) 569 -3300 All proposals must be signed by a duly authorized individual. All proposals shall become the property of the City and the City may, at its option, request oral presentation prior to selection; notification in writing will be given if a such meetin s are required. No public bid opening will be held. A listin q P P of firm's names representing the proposals received will be available on Wednesday, June 17, 1998. C. Mr. Charles Hansen, Finance Director, shall be the primary source of contact for your firm during the Request for Proposal and selection process. Mr. Hansen will coordinate appointments with staff and /or the Selection Committee to answer any questions or set up interviews. Communications with other City staff or with the Mayor, City Council, or City Manager will constitute automatic rejection of that firm's proposal. d. Only independent financial advisors should submit proposals to the City. An independent financial advisor is a firm which does not engage in the underwriting of municipal securities. e. The City reserves the right to request clarification of the information submitted and to request additional information of one or more applicants. f. The contract with the firm will F rovide that it is not exclusive, that the City may retain other firms for some or all of the services described in the RFP, and that the City may terminate the agreement at any time for any reason on five days written notice. Cr Any agreement or contract resulting from the acceptance of a proposal shall be on forms either supplied by or approved by the City, and shall contain, as a minimum, applicable provisions of the Request for Proposal. The City reserves the right to reject any agreement that does not conform to the Request for Proposal and any City requirements for agreements and contracts. h. The firm shall not subcomact or assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the City. s I. No reports, information or data -given t h e o or prepared b the firm under . P � P p Y r t< contract shall be made available to any individual or organization by the firm without the prior written approval of the City. All d j. ata, documents and other information rovided to the City b the P .� Y consultant as a result of this Request for Proposal shall become the property of the City and subject to its disposal. k. All costs associated with the preparation of a proposal in response to the Request for Proposal shall be the responsibility of the firm submitting the proposal. 1. The firm selected will be required to evidence that they have in force professional liability insurance of a minimum of $1,000,000 with a maximum $50,000 deductible. M. The consultant will be expected to meet with City officials at City Hall as needed during the course of a bond sale or future service engagements. n. The City expects the consultant to respond to occasional questions on the phone which do not require considerable research on a complimentary basis. o. This is a request for proposals and not bids; therefore, the City reserves the right to negotiate with any party and on any matter. V. Selection Process 1. Interviews The City may select two or more firms for oral presentations. Each firm will ;ive a 30- minute presentation summarizing their qualifications and their approach to the project. The presentation will be followed by a question - and - answer period. The individuals who will be assigned to the project will be expected to make the oral presentation. 2. Schedule of Events The City has developed the following schedule of events for selection: Specifics ChronoloQv. Timin-g Send out Request for Proposals stay 18, 1998 Receive proposals from consultants June 15, 1998 Select finalists for interviews June 22, 1998 Interviews v Jul, l3- 17, 1998 Recommendations to City Council July 27, 1998 9 � Evaluation of Pmpos�i� • An evaluation committee shall be used to evaluate the proposals. The committee shall evaluate the proposals based on the following criteria: a. Quality of the proposal and response to the Request for Proposal. b. Experience and creativity in providing financial advisory services to cities of comparable characteristics to the City of Brooklyn Center. C. Experience and availability of staff assigned to serve the City. d. Proven ability to provide other financial advisory services. e. References. f. Fees: The City of Brooklyn Center is interested in selecting that firm which professionally provides the City with optimal services, yet also meets the City's concern with cost. • 10 v a Presentation to Serve as Financial Advisor City Qf Brooklyn Center July 21, 1998 f 9:15 A. M. M _ EVENSEN DODGE INC RM I LN ' got W = mom EVENSEN DODGE INC r • f Presentation Agenda SMICIl1Cllt OI Pllrl)OSC - Why Evcnscn DOcl() + IntrodUCti011 to P1'OICCt TC,'ull $ lnti to l."miscll DOclgc OUr Approach to Working with 131 UOklyn Ccntcr - I + 11()w Does Evcnscn Dodge Compare? + What Makcs Evcnscil Dodge Stand Apart` 94 4 YSft: YIUIIIIL I City of'Brooklyn Cenler �,,, , .,. .. ' I � I II pr• 'i�IR Ilry • .. fi`.r C w t EVENSEN DODGE INC Why Cvensen Dodge? + 1J- Xpericricc + C.apahility I + Approach rI i �•. � II III I �Idtll6 A . � ' Bi voklyn. Ce nter P age ., ` .y�:' �• _k -'y, As::.a;": ' -- - ..5',I C' "+ Mil = EVENSEN DODGE INC - I Exl)cricncc I C'al):thility I Al'poitch Y Project Team Qualifications Wayne S. Burggraaff Christy L. Myers Senior Vice President & Principal Senior Vice President (tole: Fil";1gcnunt Principal - Kole: I'rojcct M:ur,tgcr ♦ 37 Ye:u, of Experience in Public' Finance and Administration ♦ 23 Ycars of Public Finance I:xlu•rience With Fvcnscn Dodge I(, Year, % \'ill) livcnscn Uo(Igc f 16 Ycars Project N1anar,cntcnt E.xpelience in !Minnesota ♦ t'rim;rr, Responsibility for 1'rojeo \lnnagentrnl and sulmNision of ♦ City Finance I : xlictl - bent I'.nL;agcntcrtts 4 I las Assisted Clicnls Willi Mow A Ilan Soo l ax Exempt I-uuutrings ♦ I la, a,v,trcl Clients With Mow - I hart 700 Issues •I olalirtg in Excess of A totaling $(r Billion w7 lirlhnn I _ Bob A. Worthington Lee J. Brundell Vice President Vice President f ` KOIe: I':cunontic lhWeloprt)cnt Specialist Kole: (1uanti tilt ivc and "fecluric:tl Support Y ♦ 1'.) Year, of I :xpericncc With if Major Ucvcloprttcnt I if 4 14 Yeas of' Public I'lllitllce F,\pericncc 4 i 15 Ycar, ul I - Ixl)el ience as ('hair of the 1\linnesola I lousing I"in fflCe 4 I Year Willi Fvettscrt Dodge yt 4 Experl in Rcfuncling'fransaclions lover I,U()O ('nntpletccl) T ,* ♦ -! Ycars 1\'ith I:vcnscn Ihxlgc ♦ I'crfouns Financial Analy,is, I)chl Schedule I)evelopmew and (•a,lt Y �z • ; ♦ Ila, I'.\tel1Si %'C l;xpericncc in Planning and I)cvclopnk•nt of , \'lajor HOW �lucicling for ('apilal I'roµcts and I)c�rlopnu nl I'rojrils '., I s l rca k•�c o 1 ttttcnt ro eels ill 'I (rhe �'�'lcnrr �uht C it v o f '�3��� >takl._yn Cc>>Zter ,,� ; ,, n{•Fyt�� u•' i i; , i M "^ Iw" iii i p 0 `77 7-7 7 1 — EVENSEN DODGE INC; FIX l7criclice Capability Approach - - -- - l_ - - - -- - Established Reputation in Municipal Finance + 1'Irst Independent Financial AC1vIsoI" + 76 Years ol' Service + 11C� 1C1(Illa1'tCI - CCI III M1n11C, 4 Professional Staff of 50 + Rcc;ognized as a Lead In the Municipal Finance Ficicl } Cit)� of By ���Iclyn Cej2tej� ,T..:1 EVENSEN DODGE INC r 'Y Experience I -------- Ca{)ahi{ity I_ A pproarfr Experience Consisten Top Rankcd Top Ten National Financial Advisors Long -Term Issues 1997 Amount # of Rank Firm ($000's) Issues ® Public kc.suurcc.. Advisory (;ruuh 420,01',500 87 ® I'uhlic Financial Manazcment Inc. 10,63 U, 100 267 © O'13 rich Partners. Inc. 9,93 4,500 69 ' I:irsl Southwest Company 6,9 4,200 13 3 - O EVENSEN DODGE INC 5,777,200 270 N.G. Cochin & Company, Inc. 5,131,5011 67 �r Ponder & Co. 4,452,600 1011 fain kauscher Incorporiied '1,1119,9110 170 Y - % I,.slrarla Hinnjc�sa &Cumhan�' Inc. 2,478,1110 2 Samuel A. ka III IrCl & Co" Inc. 2,117,500 6 r Source: Seri+rilirs 1, C oll rciii1', lnr. a �<.r r. tl� �i�ui llil� IIII ih �i� II I dtl,III i.1" .1101,11 11 iii IIIJ Ilk J Iii IIII il1, ui I m�ilu 111,l,1111 UU i,I B. ill ill Ili 5 1111 Ji ll, City of 13r� >c >I�l.y�z Cejttej r, EVENSEN DODGE INCa` Experience I C'ahahiIity A pp mac h t<,r••_ Hwy,; Comparative Financial Advisor Experience r � - Long -Term Municipal New Issues Principal Amount of Bonds Sold in 1997 (S In Billions) Midwest Mideast Northeast Southeast Southwest West Total I ,in l) ti11115? V;' — ;,7 i tit.7 51.7 �V7 �l.l X5777 il) til,img`Ir0 ? I_I 5 M_I lin.7 07�; I tr 1 511 _I li6i. S117 Qm.11 --- - - - - -- - - -- - - -- $(01In 11. 1 =1311 �1(, �iti �,II �i,�SS ___ —� �7tit.t �,t17v.1 _hl),hlu.lu ti(ateti Included in Region I(ma Illlnot" ('0nnrrlicut Alabama A1v0na Alaska Kama.~ Indiana Ih•lay.arc I Iotida Aiham Anx•1ic.ut tiumoa �tinnr�0la Nlichlg:m 1)(' (irntgin i.uui`lalm { alilninta `' �L.u0u1t Ohio Uamr Kcn(ucky Ncw (\lc.xlcn ('01111;00 Nch1a•,ha We"I Vugulia MaIN land Nlkmssiltl,i (WAmma ILmait N011h 1)al.ota \V1.1 c0n.tiln Ixlatieachutirll.ti Nrntlt( momma lr\ ;I. Idaho ti0u1h I >ai 01a Nc,e Ilamp%lim- I'ui110 Rico Moill:ma Nc�� .It'I.tiCy tioulh ( •al0hua Nk-� ada L Nc\vYolk I Olcgun �;;F I'rnm \Ic:uua Vnginla Ihalt 'r:�= Ith00r I�lautl \\':ttihnt>•10n �'"; Vrt math \V\ unnnh s'1 lhwd un ntl0lnta1i0n p1m idrd by sccul iury I )va (luultany (ur hilt iU In ntti in cacti W2101) of the c0unlry City of'Brookly2 Center ,, (r) 4 L ,�� 07 -- EVENSEN DODGE INC s''= 1T Experience I C'apaI) iIily I ApproacIt Consistently Committed to Minnesota EVENSEN DO DGE INC Minnesota Financings (1993 - Present) Number of Year Financings Amount 1998" 75 E 758,3 1997 88 708,5.15,00 1996 92 953,5 50,000 199 911 1 65,320,000 199-) 73 824,725,000 ` 1903 130 1,625,533,11110 Total 473 $5,277,673,001) , - `Sales hom 1/1/98 though 7/20/98 f.,.,.•t:�+ � u L..... I ,� I I I� m l � ....u.. I. �mu�,,.11,lau......II... .....I I I II m l l � � � I. L. � � �I � �I. . ♦.;.t, III I ��pl VIVI��I Cit�}� o f '�3ro oklyn Center Pop 7 ;,,;� EVENSEN DODGE INC I;KperICIICV f Capa1) iIity l Approach Y � At - tome With Complicated Transactions # L.cononilC DCVC1opment Shopping CCI1(crs Downtown Redevelopment Convention Centers Spurts I"aCilities Parkill�._► + Ilousilh, -� Multil'an1ily L(KIII Programs Cash F'low Projections Senior 1 Analysis Escrow StRICturing Sy11111C iC RdL111 lings C 111VCSt111e11t I'n)clLICtS f' + 3 Cily of'Brooklyn Center MlMe 8 .0 - A mzi EVENSEN DODGE INC I- 1:xpericnce Capahility -- I Af)f)roacic Sustained by the Necessities - 1 11 1 1 - �1Stl'UCtlll'C + Water cat, Sewer + 1 BMIC1111 5 + 1'im11 cM( - Under $5 Million in 1110 kilt 1 8 months yy' } 4 : 1 0fy (�f Brookly�t Center { Po ge cI ail LA f,l i° i _ = EVENSEN DODGE INC _ - (',il>al�ili�ti ApproacI Evenson Dodge Approach yM`F .r. i \c:c:cssil)lc at n11 rl 9 + Integrity and Incichcilcicnc:c = ,i, PrvCcssional Scl Delivery F i I 4 Umllpl chellsivc ,Service Capahility _ r C'i1v (V`13rooklyn C ('I1ler /'<<ge /U "f J ill IL EVENSEN DODGE INC" I'..nccricncc - - 1 - -- ( ;lpahI III y_ -- 1 Approach Se rvices �� r + Dcht Issuance + Illvcstlllcnt scrviccs ' C olli pctitivc and Ncgotlalccl I'�lrtlulic� Analysis + Financial Analysis Independent Investment Advicc r lllvcstlllelll n'Ttlllll4'elllenl C'unll�utcr Modclirl i Fcasihility Anitlysis + Dcht M allltemilice P1, 11111111 0 Arhitnt (,c Rchitte 0)[Itinu1112 DISCIOsurc - Policy I)cvcicll)nlcnt r Ratltl" Stliltc Dcht Capacity Pogc .udiu i,l i nor dl. X i;l' Y Y... io` • � . i . K a •5 �� ��,"'�f'A';v„�i.. -,",'_ • ^:r. -.. — ,.� EVENSEN DODGE INC ---- 1- xprr It, ncc-------- - - - - - hili�y— - - -- I {I A roach - - - - - - ;c �' Our Approach to Working with Brooklyn Center k ° Js T. + Task I , Mcclings 10 UcvclOI) r l MICllnc, RcspOnsihilitics, l;xpcc,t<<IiOns Interview Key People AhOUt l�inanc�c ItistJCS, Goals, COncc,rns i Gather Matcrials for Rcvicw • l`inanCia) s(atcnicr►ls • I',ndl�c( • 5 year (A1) • Oulstanclinh (Ichl inf01"IM0iun • (I I hrOjc:c t plans Dcht and cicvc10 pnicnt )Olicics Katinl" Rciports ITfy r stl , 1'. t • Oily (�f'Brooklyn Center Pa / EVENSEN DODGE INC 1 Xp(I hiliiy —� - -- /1����rc�ach-- - - - - -1 Our Approach to Working with Brooklyn Center is 7 1 Rc% Nlalcrial, City ttllcl llrujcck Almlyic I'inancilig llomti(fln - Ucvcic�l� D�tt�th<t�c Crcatc Dcht P1,11lrllll , Tools • Dcht hm)k • Crcdlt almly`,is • Ruting str,itcry :; ".. Rcfunclin" car ()tlrcr Iin,rncin11 drrillysis 'a :k City (�J'I3rooklyn Center Po ge lip pie EVENSEN DODGE INC Aphroach;:;';;, Our Approach to Working with Brooklyn Center + Task 3 Mcctin`IS 10 (liScusS initial rcvicw 1 OI' dcht pl alllllIT Illatcri'lls Icy tllc City jw Odom I I t r i L- ` `1 Y t� Crt>> nJ'Bjvokl_yn Center Po gc • - -•. .['. ':.: !'^'.. r "4'ry:`b'.�.rur ...��� ��J" 1 iY' I I .' rA, Sil I I, I Lai - EVENSEN DODGE INC f;r pciicncc Ca pa bIIit y A >>roach f -low Evensen Dodge Compares ` =s + I"'Stahlislicc.l Rc1)litatioll III IVIu111C11),ll 1"IM111cc • N /Iinncsota Prescllcc + C' om1)1 - cllcllslvc Services 1 Dcht Issuance a � � Iadluih ° UIY� Brookl 7 n CC'nler Pa /5 Y �• {` q t"` +y , i - i EVLNSEN DODGE INC Experience I_ -- Capability I Approach - -1 What Makes Evensen Dodge Stand Apart + 1_.xpertisc in Marc Specializal Arcas - r- + I Xim and Capahility of I'ro.jcct rl (xl�cricncc and Cal�ahility c>( Qllantitativc StaCl + l lcxihlc Scrvicc Appr()ach ;F + Ahility to I'r()vicic Registerccl ll]vcsimcnt Advisory Services AW YT '•', E.. ' f 5 Cite o 'Brooklyn Center , 10 ' : `:y' ;'' {:1 �'" ^b` •.y,.. .,I 1, ' y I' "' '..V.. d . r I' n P I i'yi h I I I„ •!"� �! ,.., ,=,A y \ � ���$!' v '�'♦ II I i Presentation Auk %Aty of Brooklyn Center i EH & ASSOCIAT INC. � Steve Apfielbacher S id Inman R Fil "ield 0 0 -` Backgro on Ehlers Familiarity with staff that will serve you Reasons to select Ehlers /Explain transition plan. � Answer your questions Ilk T I JT 0 Background - < 43 years of service r- Stability Perspective Regional P-> Only work in Minnesota and Wisconsin Y- Thorough 1 {nowledge Background t` Independent I �, >- Charter n of National Association of Independent Public Finance Advisors �` Employee owned Every employee has a stake in quality ,�`� Insured >- $1,000,000 liability policy I I'll iiillgllR'I'1'i "I ii191 liliii "I I" I I I Ill I ill III il lluiii� v �' 1 A VIII II o id& I i1GIa• �, C 51 iWO fJGi�i:ft1,���1i1( t� M `' . - rill(1i1i "s(t u °� l �� 1 . :trrrlr�r�,r� t P UN Is J r: _ °stA , ILI tJ[I IItiX� woo 0 Experience Know issues facing Minnesota cities � Over 80 cities served since 1990 . -�` Experience with comparable cities z� Lessons learned in other first -ring suburbs - --�' Largest TIT staff and most experience -� Direct experience with Brooldyn Centel r� Original Broolcclale 'I'IF District > Special legislation Expen'ence ,s- Leader in debt issuance )> Over 270 bond sales from 7/1/96 through 12/31/97 Competitive Bond Sales 711/96 through 12/31/97 300 250 100 60 KI Ehlers Firm A Firm B All Other Firms • • a Debt Issuo Process Listen °, Devel pment the I Ex plo re m arket Explore options Test i i1� �r i cati oils { ~ Conduct the sale Design the terms ­," Make closing easy educate . Provide complete ..M documentation Prepare clear and • - Af ° complete disclosure Advice on debt Create effective ratin g management approach 410- i i • Rat Cons l Stren Issues � G ood f Ma.ncial Above average debt condition burden health General 1-1 and P Wealth level above reserves average, but growth p- Stable and diverse lagging economy > Share of tax base in Above average commercial w 1 amortization of � Condition of Z II outstanding debt districts 4ft IMP- Select Ehlers '' Look at today and tomorrow, not yesterday , . , <r Staff Development experience staff T�` I {ey to service y ou receive between firm Know the air- re� °ence experience and staff experience > You benefit from experience of the staff that serve your city -�t Know who will serve you Ehlers A' Pproach -' " Financial advisol not project managers ��` n team YOU select � � Significant exper ience with IVIinilesota cities a i l formed by Iinancial advisors Analysis ysis per Excellent communication shills m � Blend traditional. and create solutions ift IW. TIF Exper'ience Comprehensive services Feasibility analysis TI Plans Developer negotiations - "But For" Test Bonds and pay -as- you -go Annual reporting - "Quick Education - Annual scii-iii-iar Development , I,/'The Leader in TIF Eight-person "TIT Team" Brooklyn Center project team worked on over 400 TIF projects Public and private perspective -./'Good working relationship with State Auditor's Office Ilk The Ehlers Approach 71.� - 1 .4 V M, Ii f. c c I d I r f�o, if 0 1 t� 4 Transi Plan Understand. your current needs P- Projects P- Time considerations ,,.'-Develop basic disclosure materials Undertake financial management planning process 4ft Presentali011 to Me City 01'111 Cent fnly 11, 1998 Horne Office: Minneapois Office. 85 East Seventh Place 88 South Sixth Street, Suite 900 Suite 100 Minneapolis, MN 55402 -1800 St. Paul, MN 55101 -2887 (612) 333 -9177 (651) 223 -3000 Wisconsin Office: Washington Office. Iowa Office: Kansas Office: 16655 West Blrferrmnd Road 1850 K Street NW 100 Court Avenue 7211 West 98"' Terrace Suite 290 Suite 215 Suite 204 Suite 100 Brookfield, WI 53005 -5935 Washington, D.C. 20006 -2200 Des Moines, IA 50309 Overland Park, KS 66212 -2257 (414) 782 -0222 (202) 466 -3344 (515) 244 -1358 (9 13) 345 -8062 0 0 • VA P ING 'TE D Presentation to the: Adlji,,� jj..WA` "!111 Ad', city ofBroohlyrt Center A I - -,- ploce h) start. A i tjvvat place to stay. Presenters: Robert Thistle Alan Erickson Brenda Krueger Senior Vice President Vice President Vice President v S1 It IN(; S I) I F Apliblic I ill.," ,, ilriuv Myerview c4 Flow will we use our sk and- experience in meeting your needs? What benefits will the City of Brooklyn Center receive by selecting S grin sted as their - Financial advisor? Examples of our service S I: R IN(; S If'D P, h1i, /•inane e. Id. iar Pi Pirm BaclWroiitid wid Philosoplq * 50 years of eliewfirst service * Financial services to build communities Beyond bond transactions ® C01 - 11mitment to our clients Assisting growing coi - Assisting Minnesota metropolitan COITIM U n i ties * Independent financial advisor 11, f S P It I NGS I ED Pijhli(- Fina-c Cheid Service Team - Our Skills and Lxperience City of'Brookl Center I ):IN ill Nl;lc( ;illi% ra� , Principal Alan Fricksoll, ( licill Represclitalk c • h (l% Ide m cl �Jjdll ()I* �,cl � icc 11() the il� (d Himllkil ( cillcl Pim ido. hack- iip a to Mi. I 1w,t1c k cl 20 .� cal ) (11* p(INIC od publ lilmlicc exp(mclicc municipal pmcilifli•ilt C\I)Cllcllcc Robert Thisile, ( liclu RepresellilailiNe • Will ,cl as file ( ity's ' � c(liltact le"p(m m I'M ciall SCIN, ice to the ( 'itv (& Bmoklyn ('ejaci )Net 20 Nears of p11hhC ',Cl � lee 111d J)Llblic fijll:lll•c k.Xpcll(.Ilcc Patricia Fettles, Financial scl Anal.Nst Willa Wa%hilighm, ill tling Nwhisill c spccial i%l , N, \N ilh al bilm , pc-lchalc liccd" assist ilh colftllmllll! discl(Osilic nerds • cm t,l pllhl w 1 L'\lW1 WHO' Brenda krueger, Project IN11:111al"cr • PI illml v :illil\ ,I Ito ai tictul Im! alld di"clo•llic Vol debt i""wilicc ltloress i VeMS (d 1 and Municipal goNcillint•lit cXpc[l(. SPRINGS 1 1) P.hhc I- m.n, e 4Jci wr, Understandin,gr and Meeting the City's Needs Comprehensive financial planning Capital improvement planning . I • Ucbt issue development and oversight Debt management plan Investment program activities Uevelopment of investment policies F.scrow funds Debt service reserve funds • Arbitrage- rebate and contiil>_iing disclosure management Arbitrage investment services Rebate work plan Continuing disclosure services • Additional services Management services and special studies RCIUnding -- examples Credit rating analysis Economic development I IOUSiilg Tax incremeIlt financing SPHINCS It! D 5 Public l im,m e.ldm—, L xper L'1Zce with Cities Similar to Brooklyn Center ............. Bloomington Lakeville Brooklyn Park. Maplewood Coon Rapids Minnetonka Crystal Plymouth Eagan Robbm'sdale Eden Prairie Savage Fridley Woodbury VA SI: R INGS IF D SP • yy Y y OV YI �? fIt ftal ^; N Bond Issue Process had 252 ws 111, led tiitCme�f i 1997 • r • I Jill Funds to �Gattier and terms, Determine i5 "� '' �� 4 ` bi�i�ribate ,' information; security features strategy; - ;;tJt'ftctal �rep�tre and timetable; make � Statement; a lications• and write pp � monitor " review uny Official prepare and market present materials necessary Statement; , ": conditidba; ° - ,speciai studies coordinate process .- coordinate ` :� with other finance. safe prnce� ' � =. team parHcipotits s' -'ost S le Activities Continuing Disclosure t ieorltint�fn� disclosure clients end caaducts ayer �;� tS11 drbf f rA�e -rb�te +e�lculetlons per year �: ' (,. • • • lf'ocusing on Your Broader Needs Coordinated c I,) 1pital I fill) Operations/ 111prove III e I It Debt Programs Nfall-agellient Revenue Cross- Diversification .Jurisdictional Projects 0 City ol'Broohlyn 'enter Fiscal Impact of "l phl'', 0-4,111A phic• tf)slfly Growth Studies 1"collonlic 10( () Development and housing ollsing and Continuing Management Disclosure Services and Studies I Cnves( in)ents SI It NGS III) f inan, e, filvii—, 0 • • Benqfifs to the City (#'Brooklyn Center ® Comprehensive services that meet all of the City's needs Assistance In the City of` Brooklyn C e ilter's developme Negotiations Tax increment financing plan General obligation debt I lousing revenue financing Presentations to Minnesota state legislators Capital planning Special statutes Experienced and dedicated staff • Independent advisor committed to the Cifjl's 1(llli�r- t[ r lll flltrlllc•Irll .sllec•e.�.ti • High quality service that is responsive, flexible and tailored specifically to the City of Brooklyn Center 5pringsted will continue to serve as an extension of the City's staff 5ruin�:tiIF n (` N S " I? Finani e Advf,u,.