The URL can be used to link to this page

Home My WebLink About1998 10-13 CCP Regular Session CITY COUNCIL MEETING Public Copy • City of Brooklyn Center October 13, 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. Presentations • a. Charter Commission - Recognition of Ted Willard b. Random Acts of Kindness 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. Regular Session - September 28, 1998 b. Licenses C. Approval of Application to Conduct Excluded Bingo Submitted by Orchard Lane Elementary PTA for an Event to be Held November 13, 1998 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- October 13, 1998 e. Resolution Accepting Work Performed, Approving Change Order No. 1, and Authorizing Final Payment, Improvement Project No. 1998 -22, Contract 1998 -M, Playground Equipment Replacement at Bellvue, Happy Hollow, and East Palmer Lake Parks f. Resolution Providing for the Deletion of Certain Special Assessments from Levy Nos. 14361 and 14362 g. Resolution Amending Special Assessment Levy Roll Nos. 14359 and 14360 to Provide for the Deferment of Special Assessments 8. Public Hearings a. An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnbrokers and Secondhand Goods Dealers -This item was first read on September 14, 1998; published in the official newspaper on September 23, 1998; and is offered this evening for a second reading and public hearing. • -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. Mayoral Appointment to Financial Commission - Requested Council Action: - Motion to ratify Mayoral nomination. b. Public Utility Delinquent Account Collections 1. Resolution Amending the Policy for Public Utility Account Collections Regarding Unpaid Accounts of Prior Owners 2. Resolution Amending the Special Assessment. Levy Roll Numbers 1420 S arj 14357 to Provide for the Removal of Certain Special Assessments of 'Unpaid Accounts of Prior Owners - Requested Council Action: - Motion to adopt resolutions. is CITY COUNCIL AGENDA -3- October 13, 1998 • C. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Annual Halloween Party and Holly Sunday Activities - Requested Council Action: - Motion to adopt resolution. d. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Red Line Healthcare and Its Employees - Requested Council Action: - Motion to adopt resolution. 10. Adjournment • City Council Agenda Item No. 6a City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk VIA Tyt DATE: October 7, 1998 SUBJECT: r senta ' e rd P e tion: Charter Commission - Recognition o Ted Willa g f Mayor Kragness and Charter Commission Chair Carl Wolter will present a recognition plaque to Ted Willard for his dedicated public service on the Charter Commission. I 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/ Equal Opportunities Employer • City Council Agenda Item No. 6b • • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk y�CULy1 V "�' DATE: October 7, 1998 SUBJECT: Presentation: Random Acts of Kindness Mayor Kragness will present certificates to those persons nominated for Random Acts of Kindness. • 6301 Shingle Creek Pkwy, Brooklyn Center, JWN 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. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 28, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Councilmember Kay Lasman was absent and unexcused. [Clerk's note: statement that absence was unexcused was incorrect and corrected at the meeting of October 13, 1998.] Also present: Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. INFORMAL OPEN FORUM Walt Wenholz, 501 69th Avenue North, addressed the Council regarding no parking on 69th Avenue North with a letter in response to letters he received from the City. Mr. Wenholz discussed he has had conversations with the apartment complex owners and they would like to see the "no parking" signs re- installed. Mr. Wenholz was informed that this issue was on the agenda this evening. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 9128198 -1- DRAFT • 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Councilmember Kay Lasman was absent and unexcused. [Clerk's note: statement that absence was unexcused was incorrect and corrected at the meeting of October 13, 1998.] Also present: Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. 5. COUNCIL REPORT Mayor Kragness and Councilmember Carmody attended a League of Minnesota Cities meeting and Mayor Kragness commended Councilmember Carmody on a job well done while speaking at the meeting. Mayor Kragness reported that she had received some letters from students participating in Club Friendship and shared a few of the letters out loud. 6. PRESENTATIONS -Sean Rahn Regarding Discover the Center Board Members from Discover the Center, Sean Rahn and Karen Youngberg, were present to briefly describe Discover the Center, along with what their on -going and new projects will be. Ms. Youngberg discussed that Discover the Center is a community -wide effort to serve as a facilitator, bridging organizations and encouraging collaboratives while informing and educating both residents and non - residents about the quality of life in Brooklyn Center. The on -going projects would include the 1 OK run, Realtor day, and participant recruitment. The new projects would include healthy youth initiatives and the president's club. Ms. Youngberg thanked the Council for their support and informed the Council they are seeking volunteers to serve on the board if any of the Councilmembers were interested. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe added a resolution expressing concern for the passage of the 1999 Federal Government Appropriations Bill as 9i. 9/28/98 -2- DRAFT 0 . A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve minutes from the Regular Session on September 14, 1998. Motion passed unanimously. 7b. LICENSES GARBAGE COLLECTION VEHICLE A W Disposal P.O. Box 115, Norwood Environmental Refuse 4123 Russell Avenue North, Minneapolis GASOLINE SERVICE STATION Holiday Stationstore #292 420 66th Avenue North MECHANICAL SYSTEMS Air one 6317 Welcome Avenue, Brooklyn Park Care Air Conditioning and Heating 1211 Old Highway 8, New Brighton Market Mechanical 8701 Wyoming Avenue North, Brooklyn Park i RENTAL DWELLINGS Renewal: Don Loobeek Twin Lakes Manor TOBACCO RELATED PRODUCT Holiday Stationstore #292 420 66th Avenue North A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 7c. APPOINT ADDITIONAL ELECTION JUDGES TO SERVE IN THE GENERAL ELECTION A motion by Councilmember Carmody, seconded by Councilmember Peppe to appoint Shirley Hoff, Peggy Mau, and Doris Patterson as additional election judges to serve in the General Election. Motion passed unanimously. 9/28/98 -3- DRAFT 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES • RESOLUTION NO. 98 -167 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-14, CONTRACT - I, KYLAWN PARK TRAIL LINKAGE RESOLUTION NO. 98 -168 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -14, CONTRACT -I, KYLAWN PARK TRAIL LINKAGE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98017 SUBMITTED BY DAVE PHILLIPS, PHILLIPS ARCHITECTS. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR AN EXPANSION OF THE BROOKDALE H H DEALERSHIP C RYSLER PLYMOUT AT 6121 BROOKLYN BOULEVARD AND THE INTERIM USE OF 6107 BROOKLYN BOULEVARD FOR THE STORAGE AND DISPLAY OF NEW AND USED CAR INVENTORY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 10, 1998, MEETING. 9/28/98 -4- DRAFT Planning and Zoning Specialist Ron Warren discussed Dave Phillips, Phillips Architects, is requesting rezoning and site and building plan approval through the Planned Unit Development • (PUD) for an expansion of the Brookdale Chrysler Plymouth dealership at 6121 Brooklyn Boulevard and the interim use of 6107 Brooklyn Boulevard for the storage and display of new and used car inventory. The expansion would consist of an 8,500 square foot building addition for automobile service and repair and an 1,100 square foot car wash, while an approximate 100 by 180 foot parking lot would be built on the adjacent lot to the south (6107 Brooklyn Boulevard). This matter was considered by the Planning Commission at its August 13, 1998, and September 10, 1998, meetings and was recommended for approval by the Commission through the adoption of Planning Commission Resolution No. 98 -4. Mayor Kragness raised a question about the noise that may be created if a P.A. System is used and if another system could be installed. Mr. Warren responded that he did not see a problem so far with the noise. Councilmember Carmody asked if the access on the side that abuts Brooklyn Boulevard has been cleared with the County. Mr. Warren responded that the plan does not reflect that access. The City does need to get approval from the County and he does not foresee any problems getting that approval. Mr. Phillips addressed that having one access is a benefit to the County. Councilmember Hilstrom asked what rights the City would have if problems arise with the interim use and PUD. Mr. Warren responded that City Ordinances would be in effect and that with a development agreement any violations will be zoning violations. Terry Tacheny, 3606 61 st Avenue North, addressed the Council regarding the 35 foot buffer zones and how he believes they are an improvement from when first proposed. It is recommended that the City Council approve Planning Commission Application No. 98017 subject to the following conditions and considerations: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined based on cost estimates) shall be submitted prior to the issuance of permits. 9/28/98 -5- DRAFT 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. • 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitorin g device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signory which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around the parking and driving areas in the off -site inventory lot. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plans shall be modified to include the following: a. A minimum six foot high opaque screen fence along the west and south portions of the property where it abuts with 6101 Brooklyn Boulevard. b. Lighting along the south property line will be a high cut -off type so as not to cause light glare on adjacent properties, particularly those zoned residential. C. The applicant shall work with staff in providing shade trees in the Brooklyn Boulevard greenstrip consistent with the Streetscape Study for that street. 12. The applicant shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney and executed prior to the issuance of permits to include provisions relating to the above stated conditions. A draft resolution has been prepared for Council consideration which would approve this PUD application, and an ordinance amendment which is offered for first reading that would describe the property rezoned under its new zoning classification. 9/28/98 -6- DRAFT • RESOLUTION NO. 98 -169 S Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98017 SUBMITTED BY DAVE PHILLIPS ON BEHALF OF BROOKDALE CHRYSLER PLMOUTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading of an ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land (Brookdale Chrysler Plymouth) and set Public Hearing for October 26, 1998. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 98018 SUBMITTED BY JOSEPH LAMPE AND' ERNEE MCARTHUR. REQUEST FOR A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW THE DIVISION OF A 16!/2 675' STRIP OF LAND BY A METES AND BOUNDS DESCRIPTION RATHER THAN BY A FORMAL PLAT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 10, 1998, MEETING. Mr. Warren discussed Planning Commission Application No. 98018 submitted by Joseph Lampe and Ernee McArthur requesting a variance from the subdivision ordinance to allow the division of a 16'/2' X 675' strip of land by a metes and bounds description rather than by a formal plat. This matter was considered by the Planning Commission at its September 10, 1998, meeting and was recommended for approval by the City Council, following consideration of this matter, and subject to the following conditions: 1. The legal descriptions and survey showing the division of the 16'/2' X 675' parcel of land shall be filed with Hennepin County. 2. Once these legal descriptions have been established, the City Assessor is authorized to allow combinations of adjacent parcels for tax purposes. 3. The utility easement located with adjoining parcels shall be vacated as prescribed by City Ordinances and a replacement drainage and utility easement shall be filed in a manner approved by the City Engineer. 9/2 8/98 -7- DRAFT A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to approve Planning Commission Application No. 98018 subject to the above conditions recommended by the Planning Commission. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve first reading of an ordinance vacating a utility easement in certain lots in Block 1, JOHN RYDEN SECOND ADDITION and set Public Hearing for October 26, 1998. Motion passed unanimously. 8C. PLANNING COMMISSION APPLICATION NO. 98019 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. REQUEST FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) APPROVED FOR THE REGAL THEATER DEVELOPMENT UNDER PLANNING COMMISSION APPLICATION NO. 98015 TO PROVIDE AN ALTERNATIVE STORM WATER DETENTION PLAN. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 10, 1998, MEETING. Ms. Chambers explained this item will be introduced by Mr. Warren and' Ms. Spector. City Attorney Charlie LeFevere will then discuss the corrected ordinances that need approval from the Council in regard to the Regal Theater Development. Mr. Warren discussed Planning Commission Application No. 98019 submitted by Centres Group Brooklyn Center, LTD., requesting an amendment to the PUD approved by the Regal Theater Development under Planning Commission Application No. 98015 to provide an alternative storm water detention plan. The Planning Commission considered this application at its September 10, 1998, meeting and recommended approval by the City Council. The applicant is seeking an amendment to the PUD for property located south of 66th Avenue North, East of Camden Avenue North, and North and West of 1 -694 and T.H. 252 (except for the SuperAmerica Property) in order to provide an alternative storm water detention plan. The property in question is a 16.72 acre site approved for an 85,240 square foot, 4,592 seat, 20 screen theater with two additional sites (one 71,693 square foot and the other 88,186 square foot) planned for future commercial development. The site is bounded on the north by 66th Avenue and the SuperAmerica property; on the east by T.H. 252; on the south by I -694; and on the west by Camden Avenue. The PUD rezoning and site and building plan for this property was approved by the City Council under Resolution No. 98 -133 on July 27, 1998. The applicant is therefore proceeding with an application to amend the PUD to seek approval for the alternate drainage plan and ponding as well as the underground facility originally proposed. The alternative plan calls for a traditional pond to be located at the northeasterly portion of the property, just south of the SuperAmerica property. 9/28/98 -8- DRAFT The City Engineer is reviewing the amended plan and may have some additional comments. The plan identified as "Plan A" is the original underground facility, while the plan identified as "Plan B" is the traditional pond. If "Plan B" is pursued, the final plat approved under Planning Commission Application No. 98016 would have to be changed to reflect the new lot lines. The lot lines would be shifted to relocate parking such that pad site two, or the proposed Lot 3, Block 1, Regal Road Development Addition, would be reduced to 42,000 square foot. Councilmember Hilstrom asked if there would be any protection around the alternate drainage plan and if it would be a wet or dry pond. Mr. Warren responded that the pond would be a wet pond and that it will look similar to the pond near Rainbow Foods. Councilmember Peppe asked if future parking would be a problem. Mr. Warren responded that the plan would be able to support parking in the future. Mayor Kragness asked when this issue will be approved by the Watershed Management Commission. Ms. Spector responded that if this application is approved tonight they would be able to go forward. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to approve Planning Commission Application No. 98019. Motion passed unanimously. Ms. Spector indicated that the second item with this issue is the approval of the final plat for REGAL ROAD DEVELOPMENT ADDITION, subject to the following conditions: 1 The applicant shall enter into a standard maintenance and utility agreement with the City. 2. Review and approval of the City Engineer. 3. Property title opinions or legal documentation as required by the City Attorney. 4. Approval of the Final Plat by the Minnesota Department of Transportation. 5. The applicant shall enter into a Subdivision Agreement with the City. 6. Provisions of Chapter 15 of the City Ordinances. 9/28/98 -9- DRAFT i RESOLUTION NO. 98 -170 Councilmember Peppe introduced the following resolution and moved its adoption: • RESOLUTION APPROVING FINAL PLAT - REGAL ROAD DEVELOPMENT ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. Mr. LeFevere explained the previously approved City Ordinances, 98 -06, 98 -07, 98 -08, and 98 -09, have been changed to correct the language for the recording of the plat with the County, and that City Ordinance 98 -07 had some additional changes to reflect the request from the Examiner of Titles. He recommended the Council make one motion to approve all four corrected ordinances. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve changes to City Ordinances 98 -06, 98 -07, 98 -08, and 98 -09. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -31, INVESTIGATION OF BRICK DISTRESS, COMMUNITY CENTER, AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES Ms. Chambers discussed a memo was included with the agenda materials from CARS Director Jim Glasoe regarding the brick distress at the Community Center. Councilmember Hilstrom asked why there was only one quote. Ms. Spector responded that Carlson Mjorud Architecture (CMA) had done the previous work and she believes it was important to continue work with CMA since they know the history of the building. RESOLUTION NO. 98 -171 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -31, INVESTIGATION OF BRICK DISTRESS, COMMUNITY CENTER, AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9/28/98 -10- DRAFT i 9b. SET DATE AND TIME OF JOINT MEETING WITH PLANNING COMMISSION • A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to set December 17, 1998, for a joint meeting with the Planning Commission. Motion passed unanimously. 9e. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JUDITH BERGELAND FOR HER DEDICATED PUBLIC SERVICE ON THE ON EARLE BROWN DAYS BOARD OF DIRECTORS RESOLUTION NO. 98 -172 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JUDITH BERGELAND FOR HER DEDICATED PUBLIC SERVICE ON THE ON EARLE BROWN DAYS BOARD OF DIRECTORS The motion for the adoption of :the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9d. PROCLAMATION DECLARING OCTOBER 5 THROUGH 11, 1998, TO BE CITIES WEEK A motion by Councilmember Hilstrom seconded by Councilmember Peppe to declare October 5 through 11, 1998, to be Cities Week. Motion passed unanimously. 9e. NEIGHBORHOOD CONCERN RE: NO PARKING ON 69TH AVENUE Ms. Spector discussed the "no parking" signs on 69th Avenue were removed from a previous request from former Police Chief Scott Kline because there were no compelling issues at that time. Since those signs have been removed, neighbors have had some concerns. Ms. Spector outlined in her letter the background of parking laws, and asked the Council what action they would like to take. Councilmember Hilstrom stated that she is in favor of having these "no parking" signs re- installed, and asked what the time line would be if the signs were to be re- installed. Ms. Spector responded staff would have to contact Gopher State One Call 48 hours before digging and that the signs could be installed as early as next week. Councilmember Pe e stated that he was also in v r pp favor of re -installing these signs, and asked about g g , the snow plowing procedures in the winter. Ms. Spector explained the snow is plowed to the end of the street and the signs do not effect the process. 9/28/98 -11- DRAFT Walt Wenholz, 501 69th Avenue North, addressed the Council regarding his conversation with the apartment owners. He informed the Council that the apartment owners would also like to have the • "no parking" signs re- installed. It was the consensus of the Council to have the "no parking" signs reinstalled on 69th Avenue. The Council recessed at 9:03 p.m., and reconvened at 9:08 p.m. 9f. RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF Ms. Chambers explained this resolution approving settlement and authorizing payment thereof is the City's share of money to Minnesota Police Recruitment System (MPRS). RESOLUTION NO. 98 -173 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9Q ' �. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR HERITAGE CENTER REMODELING Community Development Director Brad Hoffman discussed four bids were received for the construction of the footings and foundations for the Earle Brown Heritage Center. He stated that in the resolution it is requested for the Council to reject the bid from John Henry Masonry, they did not include a bid bond as required with their bid, and enter into an agreement with Witcher Construction who submitted the lowest bid. Councilmember Hilstrom asked if the project is in compliance with the grant process from the State. Mr. Hoffman responded that he should have a response in ten days and that the City is at risk until approval from the State however, he does not foresee an problems. Pp � Y p RESOLUTION NO. 98 -174 Councilmember Carmody introduced the following resolution and moved its adoption: 9/28/98 -12- DRAFT RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BID PACKAGE 41: FOOTINGS AND FOUNDATIONS FOR EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. UPDATE ON CODE ENFORCEMENT Ms. Chambers discussed that the 175 properties that were inspected between August 18, 1998, and September 23, 1998, were found to be in violation with City ordinances. The most common violations continue to be improper storage or removal of garbage, rubbish, and debris. There were 121 re- inspections of property conducted between August 18, 1998, and September 23, 1998, and 23 of those properties were found to be in compliance with no further action required. The remaining properties were cited for the violations, or have made arrangements to correct the violations in a reasonable time. The code sweep has now been completed north of I -694 and will move south to the area bounded by 58th Avenue on the south, Brooklyn Boulevard on the east, 1-694 on the north, and the City limits on the west. 9i. RESOLUTION EXPRESSING CONCERN FOR THE PASSAGE OF THE 1999 FEDERAL GOVERNMENT APPROPRIATIONS BILL Councilmember Peppe asked the Council to consider resolution expressing concern for the passage of the 1999 Federal Government Appropriations Bill. Councilmember Hilstrom agreed with this resolution with an amendment to the last paragraph to read: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Congress and the President of the United States work together to get a 1999 Appropriation Bill that will be passed by Congress and signed by the President. RESOLUTION NO. 98 -175 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING CONCERN FOR THE PASSAGE OF THE 1999 FEDERAL GOVERNMENT APPROPRIATIONS BILL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom with amendment. Motion passed unanimously. 9/28/98 -13- DRAFT 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Carmody to adjourn the meeting at 9:23 p.m. Motion passed unanimously. City Clerk Mayor 9/28/98 -14- DRAFT • City Council Agenda Item No. 7b • • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Carlson, Administrative Technician DATE: October 7, 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 October 13, 1998: AMUSEMENT DEVICES - OPERATOR Toys R US 5425 Xerxes Avenue North MECHANICAL SYSTEMS Countryside Heating and C_ ooling Systems, Inc. 6511 Highway 12, Maple Plain TNC Industries, Inc. 2405 Annapolis Lane N, Plymouth RENTAL DWELLINGS Rene_ wal: Duane Christiansen 5400 Sailor Lane Eugene Hess 3218 63rd Avenue North Modell Investments 3713 47th Avenue North PatrckMenth 5302 Fremont Avenue North SIGN HANGER Universal Signs, Inc. 1033 Thomas Avenue, St. Paul 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. 7c O �OOKLYN CEN BROOKLYN CENTER POLICE DEPARTMENT pflt, MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: October 6, 1998 SUBJECT: Application to Conduct Excluded Bingo Orchard Lane Elementary School On October 6, 1998, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Orchard Lane PTA. This application is for • an event to be held at the Orchard Lane Elementary School on November 13, 1998. This application has been approved and returned to the Orchard Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. I' Downer % Chief of Police JD:kh • Minnesota Lawful Gambling Application to Conduct Excluded Bingo - LG240B If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Organization Name 0 FOR BOARD USE ONLY V & Ct.v d t 1 Proof Street // h p 1 71 S❑ C'❑ 6 ao I lj o k�-t l� Atc o ❑ N NA ❑ City ' lState/Zip Other Activity Type of nonprofit organization (check one): ❑ Fraternal ❑ veteran ❑ Religious Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): ❑ Certificate of Good Standing Minnesota Secrets of State's Office 9 Secretary ❑ Internal Revenue Service ❑ Affiliate of Parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No Yes If yes, list the dates that bingo was conducted Check one: The bingo event will be one of four or fewer bingo events , organization will hold this ear. 9 Y 9 9 �i n1 Date(s) of bingo event �J o u VYI b-P- v � 3 19 Q S' o nd R) (u- tlu��`i -OR- ❑ The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo event State Fair - Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of the person in charge of the bingo event Daytime Phone Day n a 4Ltn -}- ( b «) S3 L 1 Premises Where Excluded Bingo Will Be Conducted Name of Premises C)r� C� v� Street Address 1 1� to I e Aue _ 1v . City OR County AND Township (�O LA avX+e —li' • Be sure to complete page 2 Page 1 of 2 2/98 Page 2 of 2 Application to Conduct Excluded Bingo - LG240B Z98 Organization Name r1y C �- Chief Executive Officer's Si nature • The information provided in this appli 'on is complete d ac ra a to the st of my knowledge. Chief Executive Offs er's signature Name (please print Date_J / _I Local Unit of Governm t Acknowledgment and Approval If th premises Is within +city Iimits, the - city must sign this a pplication. On behalf of the city, l hereby approve this application for excluded bingo activity at the premises located City of Brooklyn Center within the city's jurisdiction. Print name of city Signature of city personnel receiving application Title Date - r^vt*T:'4rF•�cse�zscscR.'.+e :'.._ > - �,- ..c...- -a-v-• �,,,,,.... .. 1f the gamblingpremises Is located i_ a township, bot the county and towns must si gn r this a pplicati on ZL For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Signature of township official acknowledging application Title Date / I For the coun L On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the count ' jurisdiction. Print name of county jurisdiction. of county personnel receiving application) Title Date M ail App lication and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. Acknowledgment of Gambling Control Board Your request to conduct excluded bingo has been received and is acknowledged by the Gambling Control Board. Acknowledged by Licensing Specialist Date / 1 Questions? Call the Licensing Section of the Gambling Control Board at (612) 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 - 627 -3529 and ask to place a call to (612) 6394000. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Application to Conduct Excluded Bingo - LG240B, Instructions 2 /98 When May Excluded bingo (without a license) may be conducted: Excluded Bingo • by an organization that conducts four or fewer bingo occasions in a calendar year; or • be Conducted? • in connection with a county fair, the state fair or a civic celebration if it is not conducted for more that 12 consecutive days in a calendar year. Completion of Complete the application, and attach proof of your organization's nonprofit status from either Application the IRS or the Minnesota Secretary of State. Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standing - Nonprofit Under a national organization Articles of Incorporation OR. If your organization falls under a national Attach a copy of your organization's organization, attach both of the following: Certificate of Good Standing (317A) 1. a copy of the IRS letter showing that showing incorporation as a nonprofit your national organization has been a organization. registered nonprofit 501(c) organiza- This certificate can be obtained from the tion and carries a group ruling, and Minnesota Secretary of State: 2. a copy of the charter, or letter from your national organization, recognizing your Minnesota Secretary of State organization as a subordinate. Business Services Division 180 State Office Building Not under a national organization St. Paul, MN 55155 If your organization does not fall under a national organization, attach a copy of the Phone:. (612) 296 -2803 IRS income tax exemption [501(c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, ON 45201 Phone: (513) 684 -3957 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Authorization to • Your application will be acknowledged by signature of the Gambling Control Board staff. Conduct Excluded Bingo A signed copy will be returned to your organization as your authorization to conduct the activity. You will not be issued a number for this application. Gambling activity conducted without written authorization from the Gambling Control Board will be referred to the Department of Public Safety, Alcohol & Gambling Enforcement Division. • Recordkeeping Your organization must keep your bingo records for 3 -1/2 years. Questions? Contact the Gambling Control Board at (612) 639 -4000. EXEMPT AND EXCLUDED ORGANIZATIONS BINGt ORM ATIOY rites per bingo occasion may not exceed $2,500, not including cover -all games. If cover -all games are conducted, the total izes er bingo occasion may not exceed 3 500 is .. 500 plus the cover-all o to 1 w P g Y $ (that , $ p e co f up $ ,000). Prizes awarded for progressive games are not subject to the limits established for bingo occasions. Type of Game Description Prizes Single game A bingo game other than a cover - May not exceed $200. all or progressive game. Cover -all game A bingo game where all spaces on May not exceed $1,000 for all cover -all games played during an the bingo face must be covered. occasion. Progressive A game in which the value of the Up to $2,000. game prize increases depending upon ' May start at up to $300 and increase by up to $100 per whether. the prize was won at a occasion. . previous occasion.; . Progressive prizes may not exceed $36,000 in any calendar. year. Consolation rirzze Up to $100 where a 'progressive game is. played `and the 'accumulated prize is not won. • . Consolation prizes count toward the occasion Limit of $2,500. Gambling equipment not allowed as prize Additional information Prizes may not consist of gambling equipment (such as For additional information, you may wish to obtain a copy of pull-tabs, tipboard tickets, raffle tickets, or the Lawful Gambling Manual, an easy -to -use reference guide , )addlewheel tickets), except for coupons to redeem for the conduct of lawful gambling, or a copy of statutes and jingo hard cards or bingo paper. rules that govern lawful gambling: There is a charge for the copies. Contact: Minnesota's Bookstore 117 University Avenue St. Paul, MN 55155 Phone: 1 -800- 657 -3757 or 612- 297 -3000 Bingo prizes -value, ownership References Donated prizes - Donated bingo prizes must be valued Statutes and rules contain regulatory requirements for the at their fair market value. Fair.market value is a conduct of bingo. ::Those references are: willing buyer would pay a willing seller wheri:ueither has to buy or sell and both are aware of the conditions . Minn. Statutes 349 12 :::.Definitions of the sale. Minn. Statutes 349.17.... Conduct of Bingo Minn. Statutes 349.18 ::..Premises Used For Gambling Merchandise rues Merchandise prizes must be Minn. Statutes 349 19...Records and. Reports valued at their fair market value and cannot be: _ Mirm. Statutes. 349.211'. Prize I,iinits redeemed.for'cash or converted into cash Minn Rules 7861.0010`.:Defimtions Qw rrershi� : Real or personal property prizes must be'. Mirm. Rules 7861:0060 .: Conduct of Lawful Gambling paid for without lien or interest by others prior: to the Minn. Rules 7861.0070.:Bingo occasion. Savings bonds -Savings bonds must be announced and reported at their purchase price. EXAMPLE A $50 savings bond would be announced $25: 2/98 r: l shared I forms I exbingo. doc 1 '•li �n �. • .L r '•f, '•. >: r3 +1 � •'j> ~ - " ,. � r f ad �1i��.r��.•. 77 r - 7 TTT Form ST -17 (Rev. 8.1.7{). * State of Minnesota Department of Revenue — Sales and Use Tax Division► Centennial Office Building —St. Paul, Minnesota 55145 `• CERTIFICATE OF EXEMPT STATUS — EXEMPT ORGANIZATION �'''�4 #r,: r �•i.';� 11 �' " Ak t , Under the provisions of Section 25, Subdivisiori 1 (p) of the Minnesota Sales and Use Tax Law, the organization whose name appears k below is certified to be exempt from sales and use taxes appli to purchases, rentals and leases of tangi ersonal p roperty to be p P 8i P p P Y uxd solely and exclusively in the performance of charitable, religious or educational functions by that organization. i .•'� rn �� w ot Certificate No. { ' 1 Orehard Lane Elementary School PTA `+ 6201 Noble Avenue North F S. ZG43 t Minneapolis, Minnesota 55429 ace ssuc �t 5 March 19, 1976 r� ► +l l ' k � AliTliUlt . ROfMFSt, Commissio er of Revenue - { t i. 4 = This certificate ii valid until revoked by the B ' ►1 #, 4 ! ": . 7'= ir, tai t • , it . i* ,' •t Minnesota Department of Revenue. D S =. MUNDAHL . Director Sales and Use Tax Rvision n A .c j �c ij r t � •� +... �.•` -�►• + � �i � •i•: • I The exemption does not apply to purchases of meals, lodging or tickets of admission • K . City Council Agenda Item No. 7d • MEMORANDUM DATE: October 7, 1998 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. • Member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER METRO AIRPORTS COMMISSION BEHIND 5307 62ND AVE 239 - ---- - - - - -- X910 DALLAS RD ---------------------- LbWLL IN �L I �------------ - - - - -- 24� - - SAMIR & YASMIN KAKEISH 6406 FREMONT AVE N 241 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Cit y g Council Agenda Item No. 7e • • • MEMORANDUM DATE: October 8, 1998 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Accepting Work Performed, Approving Change Order No. 1, and Authorizing Final Payment, Improvement Project No. 1998 -22, Contract 1998 -M, Playground Equipment Replacement at Bellvue, Happy Hollow, and East Palmer Lake Parks At its July 13, 1998 meeting, the City Council approved Resolution No. 98 -117 accepting bids and awarding a contract for Improvement Project No. 1998 -22, Playground Equipment Replacement at Bellvue, Happy Hollow, and East Palmer Lake Parks. Pursuant to the resolution, a written contract was signed with the City of Brooklyn Center and Minnesota Playground, Inc. Minnesota Playground, Inc. has satisfactorily completed the improvement in accordance with said contract. • Change Order No. 1 authorizes a change in the resilient base material. Minnesota Playground, Inc. proposed an engineered resilient wood chip base material that was determined by staff to be equal or better than the resilient base required by the contract. This change order amounts to a net change to the contract of $0. Staff recommends the work completed under said contract be accepted, approve Change Order No. 1, and approve final payment to Minnesota Playground, Inc. i i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED, APPROVING CHANGE ORDER NO. 1, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -22, CONTRACT 1998 -M, PLAYGROUND EQUIPMENT REPLACEMENT AT BELLVUE, HAPPY HOLLOW AND EAST PALMER LAKE PARKS WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota Playground, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1998 -22, Playground Equipment Replacement at Bellvue, Happy Hollow, and East Palmer Lake Parks NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work under said project is accepted and approved according to the following schedule: COSTS As Bid Final Amount Contract $80,000.00 $80,000.00 Change Order #1 $0 $0 Contingency (10 %) $ 8.000.00 $0 Subtotal $88,000.00 $80,000.00 Admin. /Engin. /Legal $ 2.000.00 $ 2.356.31 Total $90,000.00 $82,356.31 REVENUE Capital Improvement Fund $90,000.00 $82,356.31 2. It is hereby directed that Change Order Number 1 be approved at a cost of $0. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $80,000.00. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City Council Agenda Item Nos. 7f and 7g i • • MEMORANDUM DATE: October 7, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public WorksQ5 SUBJECT: Resolution Providing for the Deletion of Certain Special Assessments from Levy Nos. 14361 and 14362; and Resolution Amending Special Assessment Levy Roll Nos. 14359 and 14360 to Provide for the Deferment of Special Assessments At a public hearing on Monday, September 14, 1998 the City Council passed proposed special assessments for the cost of roadway reconstruction and storm drainage improvements in two areas of the City. The first resolution attached provides for the deletion of certain special assessments from respective levy rolls. The City's Special Assessment Policy allows property owners whose property fronts on two streets (for example, a comer lot) to choose the street improvement for which they wish- to be assessed. • This choice was gi project ven to all residents in the ro'ect area that were eligible. Information provided to them stated that choosing to wait to be assessed carried with it the risk that future assessments could be costlier than current assessments. The second resolution amends the respective levy rolls to provide for the deferment of special assessments for persons 65 years of age or older, or who are retired due to total and permanent disability and meet certain income guidelines. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION PROVIDING FOR THE DELETION OF CERTAIN SPECIAL ASSESSMENTS FROM LEVY NOS. 14361 AND 14362 WHEREAS, City street improvement special assessment policy provides single - family residential property owners fronting on two streets a choice of which street improvement projects for which they wish to be assessed; and WHEREAS, such a choice was offered to eligible property owners proposed to be assessed for St. Al's Street Improvement Project 1998 -04 & 05; and WHEREAS, a property owner has chosen to be assessed for improvements at such time as the street on the other side of their.property is improved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The following special assessment is hereby deleted from Levy No. 14361: tame Address Amount Delete 1D# Julie Berg 6944 June Avenue North $2,060.00 27- 119 -21 -33 -0051 2. The following special assessment is hereby deleted from Levy No. 14362: Name Address Amount Deleted PID# Julie Berg 6944 June Avenue North $670.00 27- 119 -21- 33;0051 r I Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor • thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 14359 AND 14360 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 14359 and 14360 for the following improvements: BELLVUE NEIGHBORHOOD STREET IMPROVEMENTS IMPROVEMENT PROTECT NO. 1998 -01 BELLVUE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENTS IMPROVEMENT PROJECT NO. 1998 -02 WHEREAS, Special Assessment Levy Nos. 14359 and 14360 were on September 14,199 8 approved by the City Council; and i Council has established a program WHEREAS, the City C p gr am to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Certain property owners are eligible to defer a portion of their special assessment. Special Assessment Levy No. 14359 is hereby amended to reduce the previous amount of $2060.00 from the following assessments to the new amount as noted: Pid# Amount 01- 118 -21 -33 -0078 $820.50 Special Assessment Levy No. 14360 is hereby amended to reduce the previous amount of $670.00 from the following assessments to the new amount as noted: Pid# Amount 01- 118 -21 -33 -0078 $351.65 1 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: " and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 8a • • City of Brooklyn Center A great place to start. A great place to stay. r MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk T1 DATE: October 7, 1998 SUBJECT: An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnbrokers and Secondhand Goods Dealers On Tuesday, October 13, 1998, the City Council will hold a public hearing on An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnbrokers and Secondhand Goods Dealers. This draft was first read on September 14, 1998; published in the official newspaper on September 23, 1998; and is offered for a second reading and public hearing. • • 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 1 Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: September 8, 1998 SUBJECT: An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnbrokers and Secondhand Goods Dealers A revised draft is attached of the pawnshop /secondhand goods dealer ordinance. Following are the specific modifications to the draft ordinance since the August 24, 1998, Council meeting. 1. Section 23 -606. SITE PLAN. Subdivision 1, letter (d) - added reference to day care center and defined the distance as 300 feet from the license premises rather than the nearest location. • 2. Section 23 -608 and 23 -659. PUBLIC HEARING These sections were removed. Reference to a public hearing was also removed from Sections 23 -609 and 23 -660. 3. Section 23 -657. SITE PLAN. Subdivision 1, letter (d) - revised language to clarify that secondhand goods dealers receiving firearms must include in their site plan the location of schools and day care centers within 300 feet of license premises. 4. Section 23 -661. PLACES INELIGIBLE FOR LICENSES Letter (b) - added language regarding secondhand goods dealers receiving firearms. 5. Section 23 -673. HOURS OF OPERATION This section was removed. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 13th day f October, 1998, at 7 Y .m. P 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 pawnbrokers 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 PAWNBROKERS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 23 -601 through 23 -633 of the City Ordinances of the City of Brooklyn Center are hereby repealed. • Section 2. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new sections to read: PAWNBROKERS Section 23 -601. DEFINITIONS For the purpose of Sections 23 -601 through 23- 631, 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 price or who loans money secured by chattel mortgage on personal property, taking possession of the propeM or any part so mortgaged. Section 23 -602. LICENSE REQUIRED. No person may engage in the business of a pawnbroker without first having obtained a license Subdivision 1 Separate Licenses Required: A pawnbroker may not conduct operate, or engage in the business of secondhand goods dealer, as defined in Section 23 -650, without having obtained a secondhand goods dealer license in addition to a pawnbroker license. e ORDINANCE NO. • Section 23 -603. LICENSE FEE. Subdivision 1. The annual fee for a pawnbroker shall be set by the city council by resolution. Subdivision 2. 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 23 -604. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police The application must be in a form and request information of the applicant as determined by the chief of police Subdivision 2. Execution: If the applicant is a natural person the application must be sieved and sworn by the person; if a corporation by an agent authorized to sib if a partnership, by a partner. • Subdivision 3. 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. 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 23 -605. BOND. A pawnbroker 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 $10 000 The bond must be conditioned on the licensee obeying the laws and ordinances govemine the licensed business and .paving all fees taxes, penalties and other charges associated with the business The bond must provide that it is forfeited to the City upon violation of law or ordinance. Such bond shall be maintained so long as the pawnbroker does business and shall be for the benefit of the City or any person who shall suffer any damage through the act of such pawnbroker and shall not be terminable without the bond companv giving written notice thirty (30) days in advance of termination to the city clerk. • ORDINANCE NO. Section 23 -606. SITE PLAN. Subdivision 1. The application for a pawnbroker 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 any church, school, day care center, hospital, or residence within 300 feet of any portion of the premises occupied b the he applicant e. A floor plan of the license premises. • Section 23 -607. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed pawnbroker license, 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 unlicensedl2remises 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 Subdivision 3. At any time that an additional investigation is required because of a license renewal, a change 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. ORDINANCE NO. • Section 23 -608. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 2 3 -625, the application for a new or renewed pawnbroker license A license will not be effective unless the application fee and bond have been filed with the chief of police. Section 23 -609. PERSONS INELIGIBLE FOR LICENSE. u S bdivision i. A a p wnbroker license will not be issued to: 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 18 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 probe or controlled substance bumlgU 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 O years of the license application date had a pawnbroker or secondhand goods dealer license revoked: 9- person who the city cotmcil 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 he alth safety or welfare. Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes assessments or other financial claims of the Citv 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. Where operation of a licensed premise would violate zoning ordinances; ORDINANCE NO. 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 any gambling casino. Section 23 -611. 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 23 -612. TERMS: EXPIRATION, 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 23 -613. LICENSE REFUND The ci , 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 23 -614. 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 not more than 90 days after the licensee's death. Section 23 -615 RECORDS A licensed 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, t the following information: a. A complete and accurate description of the item including but not limited to, any trademark, identification number, serial number, owner applied number, model number, brand name and/or other identifying mark(s) on such item: b. The purchase price: ORDINANCE NO. 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. A pawnbroker must at the completion of an transacts make a �. transaction, photographic record of the seller, the identification used, and the transaction • receipt using a split image photographic device. 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 legible when printed and must bear the date of the transaction. The exposed film_ or video tape used to record these transactions must be retained for a minimum of one vear 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. h. The amount due and maturity date, and monthly and annual interest rate, including all pawn fees and charges. Section 23 -616. DAILY REPORTS AND EXEMPTIONS. A computerized record of all transactions must be submitted 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 All items received must be reported on the computer system The report shall include all information required under Section 23 -615. e ORDINANCE NO. • Section 23 -617. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed pawnbroker 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 pawnbroker may not receive items from which a serial number, or other personal identification number or symbol has been, or may have been removed, altered or obliterated Section 23 -618. HOLDING An item received by a pawnbroker as a pawn or loan transaction may not be sold or otherwise transferred for a period of 90 days after the date of receipt However, an individual may redeem an item pawned 72 hours after the item was received on deposit excluding Stmdays and legal holidays Section 23 -619. RECEIPT A licensed pawnbroker must provide a receipt to the seller of any item which includes: a. The full name, residence address, residence telephone number, and date of birth of the ledger or seller. b. The address and telephone number of the business- e c. The date and time of pawn or purchase transaction: d. A complete and accurate description of the items purchased including_ model and serial number if indicated on the property: e. The purchaser's signature. f. The identification number state of issue and type of identification provided by the pledgor or seller. A description of the pledger including approximate leight, sex and race. h. The amount paid or advanced. i. The maturity date and amount due and the monthly and annual interest rates, including all pawn fees and charges. j. In addition, the following statements shall be printed on the receipt: 1. "And personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 90 des past the date of the • pawn transaction, renewal. or extension, no further notice is ORDINANCE NO. i necessary. There is no obligation for the pledgor to redeem pledged o � • " 2 "The pledgor 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 only by the pledgor 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 signed by pledgor. Written authorization for release of propeM to persons other than the original pledgor must be maintained along with the original transaction record." Section 23 -620. POLICE ORDERS If a City police officer or other law enforcement officer notifies a dealer not to sell an item the item I 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 should be followed by a written order within 14 days setting forth the item to be held and the reasons • therefore. Section 23 -621. WEAPONS. Subdivision 1. A licensed pawnbroker may not receive as a pledge or otherwise accept for sale any revolver, pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed pawnbroker may not receive as pledge or otherwise accept for sale, any sawed -off shotgun automatic rifle blackjack switchblade knife, or other similar weapons or firearms Section 23 -622. MOTOR VEHICLE TITLE PAWN TRANSACTIONS Subdivision 1. In addition to the other requirements of this section,a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: a licensed as a motor vehicle dealer under Minnesota Statutes section 168 27, and Post such license on the pawnshop premises- b. verify that there are no liens or encumbrances against the motor vehicle with the department of public safety• ORDINANCE NO. s C. verify that the pledgor has automobile insurance on the motor vehicle as required by law. Section 23 -623 HOURS OF OPERATION From 9 12.m. Saturday to l am, Monday, no property shall be received as a pledge or purchased by a pawnbroker, shall any property be sold during said hours by any pawnbroker, nor any other dU before 7 a.m. nor any other day after 9 p.m. Further no pawnbroker shall be open for business on Christmas Day or Thanksgiving Day. Section 23 -624. PROHIBITED ACTS AND SIGNA E Subdivision 1. Minors: A minor may not sell or attempt to sell goods with a pawnbroker. A pawnbroker may not receive goods from a minor. Subdivision 2. Others: A pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person Subdivision 3. Identification• A 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: 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 square in surface area comprised of lettering not less than 3/4" high stating the following: To pawn or sell property: A. You must be at least 18 years of age. B. You must be the true owner of the property. C. The propea must be free of all claims and liens. D. You must present valid photo identification. E. Violation of any of these requirements is a crime. Section 23 -625. 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: ORDINANCE NO. • 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 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 pawnbroker e. Fraud, misrepresentation or bribery in securing a license; f Fraud, misrepresentation or false statements made in the course of the applicant's business 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 pawnbroker. Section 23 -626. REDEMPTION. A person who pawns an item shall have at least 90 days to redeem the item before it may be sold Redemption and effect of nonredemption shall otherwise be Qoverned by Minnesota Statutes Chapter 325J Section 23 -627. PAYMENTS BY CHECK When a 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 pUee who is actually the intended seller. Section 23 -628. INSPECTIONS Any peace officer or a properly designated employee of the City or the State of Minnesota may enter and search business premises licensed under this section. or offsite storage facilities of the licensee during normal business hours without a warrant for the purpose of inspecting such premises and the records and articles therein Section 23 -629. COUNTY LICENSE Pawnbrokers dealing in precious metals and gems must be licensed by Hennepin County in addition to the City license Section 23 -630. SEVERABILITY If any part of Sections 23 -601 through 23 -631 shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of said sections ORDINANCE NO. • Section 23 -631. PENALTIES. Any person violating any provision of Sections 23- 601 through 23 -631 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 SECONDHAND GOODS DEALERS Section 23 -650. DEFINITIONS For the purpose of Sections 23 -650 through 23-678 the terms defined in this section have the meanings given them 1. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal propeiU (excluding motor vehicles) previously_ used, rented, owned or leased. 2. Consignment House 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 23 -651. EXEMPTIONS Sections 23 -650 through 23 -678 shall not apply to or include the following Dealers engacling only in the following transactions are not required to have a license. The following transactions are not required by this ordinance to be recorded or reported to the police department 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, e. That no sale exceeds a sale of 72 consecutive hours I 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 buying 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. ORDINANCE NO. • 4. A bulk sale of prosy 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 6. Sales by a licensed automobile dealer. 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales S. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assiinees or receivers appointed in this state to make sales for the benefit of creditors. 10. Transactions under $100 for store credit only, with no payment of money to the seller. 11. Sale _ sat public markets such as a flea market. 12. Sales of furniture excluding electronic devices. 13. Sales of clothing_ provided no new clothing is sold (other than clothing purchased from commercial wholesalers for resale at retail). 14. Sales of recycled motor oil. 15. Sales by charitable organizations selling_ donated goods 16. Sales of bona fide antiques or collectibles. 17. Sales of used books and magazines 18. Resale of merchandise returned to the seller after an initial sale by the seller. 19. Sales of used toys. Section 23 -652. LICENSE REQUIRED No person may engage in the business of a secondhand goods dealer without first having obtained a license ORDINANCE NO. • 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 Section 23 -653. MULTIPLE DEALERS. 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 A multiple license may not be issued unless the following requirements are met: 1. 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 1. 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 li other dealer licensed under this section. Section 23 -654. LICENSE FEE. Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer shall be set by the city council by resolution. Subdivision 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 city council. Subdivision 3. In addition to the annual fee the citv council mav_ establish by • resolution, an investigation fee to be paid upon initial application and upon any ORDINANCE NO. change in ownership Change in ownership shall include, in the case of a partnership, a chance in identity any partner and in the case of a corporation a change in ownership of more than five percent of shares Section 23 -655. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police The application must be in a form and request information of the applicant as determined by the chief of police. Subdivision 2. Execution: If the applicant is a natural person the application must be signed and sworn by the person, a corporation by an agent authorized to sign_ if a partnership, by a partner. Subdivision 3 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. False Statements: It is unlawful to knowingly make a false statement t 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 23 -656. BOND A 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 $ 10,000. The bond must be conditioned on the licensee obeying the laws and ordinances governing the licensed business and paving all fees taxes penalties and other charges associated with the business The bond must provide that it is forfeited to the City upon violation of law or ordinance 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) dys in advance of termination to the city clerk Section 23 -657. 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. ORDINANCE NO. 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 any school or day care center within 300 feet of any portion of the premises occupied by the applicant if the secondhand goods dealer will receive firearms. e. A floor plan of the license premises. Section 23 -658. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed secondhand roods dealer license, 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 investi 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. Subdivision 3. At any time that an additional investigation is required because of a license renewal, a change 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 23 -659. GRANTING OF THE LICENSE. After review of the license application and investigation report the city council may grant or refuse for one or more of the reasons set forth in Section 23 -673, 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 -660. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A secondhand goods dealer license will not be issued to: ORDINANCE NO. i 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 unavailabilitv of information; b. A person under 18 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 propeM, 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 secondhand goods dealer or pawnbroker: I A person who within five (5) years of the license application date had a secondhand Lyoods dealer or pawnbroker license revoked: e. A person who the city council determines not to be of sufficient good moral character or repute, f If the citv 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 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid b. Within 300 feet of a school or day care center if the secondhand goods dealer will receive firearms: 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 23 -662. 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 I ORDINANCE NO. i Section 23 -663. TERMS, PRO RATA FEE. The license is issued for a period of one (1) year beginning on January l except that if the application is made during the license vear, a license mU 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 23 -664. LICENSE REFUND The city council max 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 23 -665. 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 not more than 90 days after the licensee's death Section 23 -666. RECORDS. A licensed secondhand izoods dealer at the time of receipt of an item, must immediately record in ink or other indelible medium in the English ish lana in a book or word processing unit the following information: a. A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial number, owner applied number, model number, brand name and/or other identifying ing marks) on such item; b. The purchase price, c. Date, time and place of receipt: d. Full name, residence address. residence phone number and date of birth of the person from whom the item was received; e. A description of the seller including approximate height, sex and race. f The address and telephone number of the business: g, The identification number from any of the following forms of identification of the seller: ORDINANCE NO. 1. Valid picture driver's license, 2. Official state photo identification, passport or military I.D. h. The purchaser's or consignee's signature. i. 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. j, A secondhand goods 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 any transaction, make a photographic record of the person selling the item(s), of the identification used, and the transaction receipt using a split image photographic device. 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 leave five e (5) seconds in duration. In any transaction of less than $100 the dealer may substitute a photographic record of the identification used and the transaction receipt using a split image photographic device or other device capable of copying both documents simultaneously. All ID's and receipts must be legible when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions must be retained for a minimum of one vear 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. k. The amount paid or advanced. Section 23 -667. DAILY REPORTS AND EXEMPTIONS. A computerized record of all transactions (except transactions of consignment house dealers and dealers in computer cartridges portable video games and compact discs or similar sound or video recordings) must be submitted to the police department on a daily basis. The computerized records must be compatible with the computer system used by the Brooklvn Center Police Department All items received must be reported on the computer system. The report shall include all information required under Section 23 -666. is ORDINANCE NO. • Section 23 -668. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed secondhand ,goods dealer must report to the police any article sold or received, or sought to be sold or received if the licensee has reason to believe that the article was stolen or lot A licensed secondhand goods dealer may not receive items from which a serial number, or other personal identification number or symbol has been, or may have been, removed altered or obliterated. Section 23 -669. HOLDING. An item received by a secondhand goods dealer for which a daily report to the police department is required by Section 23 -667 and the value of which is $ 100 or more may not be sold for a period of 15 days after receipt Firearms acquired by secondhand izoods dealer may not be sold for a period of 90 days after receipt Section 23 -670. 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, should be followed by a written order within 7 days setting forth the item to be held and the reasons therefore. l i Section 23 -671. WEAPONS. Subdivision 1. A licensed ensed secondhand Qoods dealer m not receive as a pledge or otherwise, accept for consi nment or sale any revolver, istol rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed secondhand goods dealer may not receive, as pledge or otherwise accept for consignment or sale any sawed -off shogun automatic rifle, blackjack, switchblade, knife or other similar weapons or firearms Section 23 -672. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor may not sell or consign or attempt to sell or consi nm goods with a secondhand szoods dealer. A secondhand goods dealer may not i receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer ma�not receive an�oods 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 ORDINANCE NO. • Subdivision 4. Ownership: No person may sell or deposit any article of property that is not his or her own. Subdivision 5. Signage: A sign must be conspicuously posted on each licensed premises that is not less than four feet square in surface area comprised of lettering not less than 3/4" high stating the following; To sell property: A. You must be at least 18 years of age. B. You must be the true owner of the property. C. The property must be free of all claims and liens. D. You must present valid photo identification. E. Violation of any of these requirements is a crime. Section 23 -673. LICENSE DENIAL SUSPENSION OR REVOCATION. A license under Sections 23 -650 through 23 -678 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 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: g_ 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 re the business of secondhand goods dealer or pawnbroker. ORDINANCE NO. Section 23 -674. PAYMENTS BY CHECK. When a secondhand goods dealer makes payment in an amount greater than one hundred do] lars ($100) for an item or items received from a single seller at the licensed place of business payment must be made by check, pavable to the named payee, who is actually the intended seller Section 23 -675 INSPECTIONS. Any peace officer or a properly designated employee of the City or the State of Minnesota may enter and search business premises licensed under this section. or offsite storage facilities of the licensee during normal business hours, without a warrant for the purpose of inspecting such premises and the records and articles therein Section 23 -676. COUNTY LICENSE Secondhand goods dealers dealing in precious metals and gems must be licensed by Hennepin County in addition to the City license Section 23 -677. SEVERABILITY If any part of Sections 23 -650 through 23 -678 shall be adjudged to be invalid by a court of competent - urisdiction such judgment or decree shall not affect or impair the remainder of said sections Section 23 -678. PENALTIES Any person violating any provision of Sections 23- 650 through 23 -678 shall be t� silty 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 Section 3. 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.) City Council Agenda Item No. 9a City of Brooklyn Center A great place to start. A great, place to stay. • MEMORANDUM TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: October 7, 1 998 SUBJECT: Mayoral Appointment to Financial Commission Financial Commission (one vacancy The Financial Commission is composed of a chairperson and six members. One vacancy exists with a term expiration of December 31, 1999. Attached for City Council Members only are the applications received as follows: John Whitehead 4807 Wingard Place Gavin Wilkinson 7221 Willow Lane North Notice of vacancy on the Financial Commission was published in the Brooklyn Center Sun -Post on August 12, 1998. Notice was posted at City Hall and Community Center and aired on Cable • Channel 37 from August 12 through September 18, 1998. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission notifying them of the vacancy. Notice was also sent to current advisory commission members. Attached is a memorandum from Mayor Kragness indicating her nomination. Letters were sent to each applicant notifying them that their application for appointment would be considered at the October 13, 1998, Council meeting. Attached is a table which indicates the eo a hical distribution by neighborhood of the applicants g �' P g PP and current members of the commission. Also attached are the rocedures for fillip commission P g vacancies adopted by the City Council on March 27, 1995. Recommended Council Action: Motion by Council to ratify the Financial Commission nomination by Mayor Kragness with term expiring December 31, 1999. Attachments • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Robert Peppe FROM: Myrna Kragness, Mayor DATE: October 7, 1998 SUBJECT: Financial Commission Nomination As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Gavin Wilkinson, 7221 Willow Lane North, to the Financial Commission with term expiring December 31," 1999. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Applicants and Current Members September 24, 1998 Neighborhoods b h or ho ods j�? ��an��s .: : Current Members Southeast Northeast < >' >``> `;::: Jerald Blarney Willow Ln,e NQrt 7136 Willow Lane North o :::'bith:e' ::>:<,:><>:;>: »;<:: >::: >:: >:: » »:: : >: »: > <:> ::......::::.:::::: €'n a : IaGe. Northwest Stanley Leino 7118 France Avenue North West Central Timothy Elftmann 5301 Howe Lane Lawrence Peterson 5830 June Avenue North Central Donn Escher 3107 65th Avenue North Southwest Jay Hruska 5012 North Lilac Drive City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; i 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may rove an appointment at the City J tY Y a PP PP Council meeting at which the nominee is presented. i City Council Agenda Item No. 9b • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: September 30, 1998 SUBJECT: Public Utility Delinquent Account Collections The City ouncil certified delinquent public utility accounts to the Hennepin Count Y q P Y p Y tax rolls at the September 14, 1998 City Council meeting. One resident, Mary T Johnson of 4306 65th Ave. N., was present at the meeting to protest the assessment and that assessment was held over to be considered at a subsequent meeting. This resident was being billed for the final bill of the previous owner. This instance has caused me to re- evaluate our practices and I would like to propose a change in the City's policies as they pertain to this situation. Minnesota State Law defines municipal utilities to be services to the property, not to the person. As such, an unpaid utility bill at the time of a change of ownership, can be s considered as remaining with the property instead of following the person of the former owner. The City has relied on this interpretation to apply the unpaid bill of a former owner to the account of a new owner. However, while the State Law allows us to make this interpretation, it doesn't require it. Being charged for the former owner's bill always strikes the new owner as being unfair. Since this is one of their first contacts with the City, it creates a poor first impression. These cases come up as a result of a couple of reasons. First is if the title company doing the closing of the sale fails to a thorough title search and doesn't ask if there is a delinquent utility bill. The other situation happens when there is no delinquent utility bill, but the seller refuses to pay the final bill. This happens less than a dozen times a year with residential properties. The unpaid amounts vary, but normally are anywhere from a few dollars up to two hundred dollars. I am proposing that for residential properties, the City policy should be changed so that we would no longer apply the unpaid bill of a former owner to the account of a new owner. If this happens half a dozen times a year with an average loss of $100, the total annual cost to the City would be $600. • The attached resolution writes off three special assessments with a total balance of • $478.21, including the $30.00 per account certification fee. Two accounts were for the closing bill and one full quarter's bill which was delinquent. The largest account was for a full two quarter's bills and the closing bill. As long as we do two special assessment certifications per year, I don't expect that we would normally write off individual accounts any larger than these. Additional cases occur where the balance is too low to special assess. There also may be some cases in which the new owner has paid the former owner's bill without going through the special assessment process. These cases will be difficult if not impossible to go back and identify. The billing system records only that an account is paid, not who paid it. I will look into turning all of these accounts over to a collection agency, but I don't want to hold out false hope that they would have great success collecting from the former owners. I agree with the residents who feel this policy is unfair to them. Changing it as I have proposed will leave a small, but significant number of new residents with a far better first impression of the City. The attached resolutions would approve a change in the collection policy and rescind amounts which were certified to the tax rolls during 1998 under the old policy. If the City Council approves the proposed policy change, the account of Mary Johnson will be relieved of the unpaid balance of the previous owner and the assessment will not be not be brought back to the City Council for certification. i Member introduced the following resolution and moved its is adoption: RESOLUTION NO. RESOLUTION AMENDING THE POLICY FOR PUBLIC UTILITY ACCOUNT C-OI.L� REGARDING UNPAID AC OF PRI9R O WNE WHEREAS, the Minnesota State Law defines municipal utilities to be services to the property; and WHEREAS, the City of Brooklyn Center's policy has been to rely on this law to apply the unpaid bill of a former owner to the account of a new owner; and WHEREAS, this works a hardship on new homeowners who have taken all reasonable and prudent steps normally followed at the time of a sale closing to discover liabilities on a property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn. Center, Minnesota, that the Policy for Public Utility Account Collections is amended as follows: 1. For residential properties undergoing sale to new owners, where a delinquent utility bill exists which had not been pended to the assessment rolls prior to the date of closing on the sale to the new owner it shall be the olic to not apply an unpaid balance of • P Y PP Y P the old owner to the account of the new owner. 2. This policy change shall be effective as of January 1, 1998 and the Finance Department shall credit all accounts it is aware of since that date in which the unpaid balance of the old owner was applied to the account of the new owner. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded b member P g g Y Y , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. P YP P Member introduced the following resolution and moved its is adoption: RESOLUTION NO. RESOLUTION AMENDING THE SPECIAL ASSESSMENT LEVY ROLL NUMBERS 14265 AND 14357 TO PROVIDE FOR THE REMOVAL OF CERTAIN SPECIAL ASSESSMENTS OF UNPAID ACCOUNTS OF PRIOR OWNER WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 14265 on March 9, 1998; and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 14357 on September 14, 1998; and WHEREAS, the City Council amended the Policy for Public Utility Account Collections to not apply an unpaid bill of a former owner to the account of a new owner; and WHEREAS, Special Assessment Levy No. 14265 and Special Assessment Levy No. 14357 included accounts which were the unpaid bill of a former owner applied to the account of a new owner. NOW H T EREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the special assessment levies are amended to rescind the original assessment as follows: 1. Special Assessment Levy No. 14265 is hereby amended to rescind the assessments as noted: Name Address PID# Amount Patrick Griener 2907 64th Ave N 35- 119 -21 -32 -0067 $122.55 2. Special Assessment Levy No. 14357 is hereby amended to rescind the assessments as noted: Name Address PID# Amount Bonnie Huffman 5737 Irving Ave N 02- 118 -21 -14 -0058 $157.88 Shalon Pruittn 5707 Emerson Ave N 01- 118 -21 -23 -0018 $197.78 RESOLUTION NO. i 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. 9c • MEMORANDUM 18 DATE: October 6, 1998 TO: Michael McCauley, Manager Y� Y g r FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Annual Halloween Party and Holly Sunday Activities The Brooklyn Center Lions Club have presented to the City donations of four hundred dollars ($400) and one thousand seven hundred and forty dollars ($1,740) and have designated that they be used for the Halloween Party and Holly Sunday activities respectively. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of four hundred dollars ($400) and has designated that it be used for the annual Halloween Party activities; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand seven hundred and forty dollars ($1,740) and has designated that it be used for the Holly Sunday activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the special events program. 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. 9d • • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development S eciali Y P P DATE: October 7, 1998 SUBJECT: Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Red Line Healthcare and its Employees On Friday, October 2, 1998 volunteers from Red Line Healthcare of Golden Valley painted a single family home at 5915 Bryant Avenue North in Brooklyn Center. The home is owned by Ms. Sylvia Taylor, a 40+ year resident of the City of Brooklyn Center. The volunteer painting program was part of the United Way's "Week of Caring" program. The painting project was coordinated by Senior Community Services Inc. Senior Community Services administers the city's Household Outside Maintenance for the Elderly (HOME) program which is funded through Community Development Block Grant funds by the City of Brooklyn Center. Senior Community Services Inc. also volunteered the services of their lead painter to help coordinate this project. The resolution included with this memorandum recognizes the public service of the individual employees who volunteered their time to paint this home in Brooklyn Center. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RED LINE HEALTHCARE AND ITS EMPLOYEES WHEREAS, employees of Red Line Healthcare of Golden Valley, in cooperation with Senior Community Services Inc., participated in the United Way's "Week of Caring "; and WHEREAS, Red Line Healthcare employees contributed their time and labor to paint the house of Ms. Sylvia Taylor, 5915 Bryant Avenue North, Brooklyn Center, a resident of the City for more than four decades; and WHEREAS, the public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that their service to the community should be recognized and expresed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Red Line Healthcare and the following Red Line Healthcare employees is hereby recognized and appreciated by the City of Brooklyn Center: Lori Demarais, Ron Knode, Lory Johnson, Amy Jarmusic, Randy Seehafer, Joyce Kleven, Kathy Thurston, Darlene Edin, Kathy Madison and Tom McGrane. 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.